DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendments of claims 1, 5-7, 24, and 37-40 are acknowledged by the Examiner.
Applicant’s cancelation of claims 2-3, 14-16, 21, 23, 41-42, and 44 are acknowledged by the Examiner.
Applicant’s addition of new claims 50-56 are acknowledged by the Examiner.
Applicant’s amendments of claims 1, 5-7, 37-38, 40 and the cancelations of claims 2, 14, 41-42 have overcome the previous claim objections. Therefore, the claim objections are withdrawn.
Applicant’s amendments of claims 24, and 40 has overcome the previous claim rejections under 35 U.S.C. 112(b). Therefore, the claim rejections under 35 U.S.C. 112(b) are withdrawn.
Applicant’s amendments of claims 7 has overcome the previous claim rejections under 35 U.S.C. 101. Therefore, the claim rejections under 35 U.S.C. 101 are withdrawn.
Claims 1, 5-7, 24, 37-40 and 49-56 are currently pending in the application.
Response to Arguments
Applicant’s arguments, see remarks, filed 11/12/2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, because Applicant’s amendment of claim 1 has included similar limitations to claims 5 and 6 which were previously rejected under 35 U.S.C. 103 over Grimoldby et al. (US 2019/0015289 A1) in view of Shapiro et al. (US 2017/0035602 A1) (hereinafter Shapiro), a new ground(s) of rejection is made in view of Grimoldby in view of Shapiro.
Applicant's arguments with respect to the combination of Grimoldby in view of Shapiro have been fully considered but they are not persuasive.
In response to applicant’s arguments that the Grimoldby pad cannot be bent. Examiner respectfully disagrees that for the pad of Grimoldby to be flexible would entail breaking 2000 and the outer shell 1180. As can be seen in figure 4, the pad 2800 is located externally to 2000, and thus, a flexibility of the pad 2800 would not require any breaking as suggested by Applicant. Furthermore, a rigidity of the outer shell 1180 and housing 2500 has no effect whatsoever on the configuration of the pad 2800. Thus, to modify the material of the pad of Grimoldby to be the phase-changing material of Shapiro meets the limitations as claimed.
In response to Applicant’s arguments that the phase-changing material of Shapiro does not enable bendability, Examiner respectfully disagrees. Shapiro paragraph [0041] explicitly states that the phase change material changes from a liquid phase (flexible/bendable) to a solid state (rigid/non-bendable) dependent on the temperature of the material. Thus, the pad and material of Shapiro does enable bendability as claimed.
In response to Applicant’s arguments regarding the heating and cooling members bonded to the pad, these arguments are not persuasive because they are not drawn to the pad itself, they attempt to disprove that the pad can have a bendable and non-bendable state by relying on materials outside of the pad. As discussed above, the pad itself is made from a phase-change material which is capable of being solid, and liquid depending on the temperature, and thus having a bendable and non-bendable state.
With respect to Applicant’s arguments regarding the dependent claims, the claims are drawn to the same arguments regarding a bendability of the pad of Grimoldby. The references used in the identified dependent claims are not utilized to teach this feature, and thus, these arguments are moot.
Thus, Applicant’s arguments are non-persuasive, and the rejections are maintained and updated in view of the amendments.
Claim Objections
Claims 1, 5-7, and 55-56 are objected to because of the following informalities:
Claim 1 recites the limitation “the housing” in line 5. This limitation should be amended to recite “the at least one housing” to maintain consistency in the claims.
Claim 5 recites the limitation “a non-bendable state” in line 4. This limitation, while not unclear, should be amended to recite “the non-bendable state” as this limitation is presented in claim 1.
Claim 6 recites the limitation “a bendable state” in line 2. This limitation, while not unclear, should be amended to recite “the bendable state” as this limitation is presented in claim 1.
Claim 6 recites the limitation “a non-bendable state” in line 4. This limitation, while not unclear, should be amended to recite “the non-bendable state” as this limitation is presented in claims 1, and 5.
Claim 7 recites the limitation “a non-bendable state” in line 3. This limitation, while not unclear, should be amended to recite “the non-bendable state” as this limitation is presented in claims 1, and 5-6.
Claim 7 recites the limitation “a bendable state” in line 6. This limitation, while not unclear, should be amended to recite “the bendable state” as this limitation is presented in claims 1, and 6.
Claim 40 recites the limitation “the first thermoelectric cooler” in line 12 and 26. This limitation, while not unclear should be amended to recite “the at least one substantially flat first thermoelectric cooler” to maintain consistency in the claims.
Claim 40 recites the limitation “the second thermoelectric cooler” in line 16 and 27. This limitation, while not unclear should be amended to recite “the at least one substantially flat second thermoelectric cooler” to maintain consistency in the claims.
Claim 50 recites the limitation “the at least one thermoelectric cooler”. This limitation, while not unclear should be amended to recite “the at least one substantially flat thermoelectric cooler” to maintain consistency in the claims.
Claim 55 recites the limitation “a bendable state” in line 2. This limitation, while not unclear, should be amended to recite “the bendable state” as this limitation is presented in claim 1.
Claim 55 recites the limitation “a non-bendable state” in line 4. This limitation, while not unclear, should be amended to recite “the non-bendable state” as this limitation is presented in claim 1.
Claim 56 recites the limitation “a subject”. This limitation, while not unclear, should be amended to recite “the subject” as this limitation is presented in claim 1.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 40, 51-53, and 56 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 40 recites the limitation "the first housing internal face" in line 4. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “a first housing internal face”.
Claim 40 recites the limitation "the second housing internal face" in line 7. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “a second housing internal face”.
Claim 40 recites the limitation "the external face of the first thermoelectric cooler" in line 12. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an external face”.
Claim 40 recites the limitation "the external face of the first housing" in line 12. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an external face of the first housing”.
Claim 40 recites the limitation "the external face of the second thermoelectric cooler" in line 17. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an external face”.
Claim 40 recites the limitation "the external face of the second housing" in line 17. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an external face of the second housing”.
Claim 40 recites the limitation "the internal TEC face of the first thermoelectric cooler" in line 26. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an internal TEC face”.
Claim 40 recites the limitation "the internal TEC face of the second thermoelectric cooler" in line 28. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an internal TEC face”.
Claim 51 recites the limitation "the at least one heat transferring connector" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “the heat transferring connector”.
Claim 53 recites the limitation “the heat transferring connector” in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this claim as being dependent from claim 50 as the limitations of claim 53 appear to further limit claim 50.
Claim 56 recites the limitation “indicated to treat the joint of a subject”. This limitation is unclear as the claim does not recite what is indicated to treat the joint of a subject. It is also unclear as to what Applicant is claiming with this limitation (i.e. is Applicant claiming that someone indicates or states the undefined structure is to treat the joint of a subject). For the purpose of examination, Examiner will interpret this limitation as best understood.
Claim 52 is rejected under 35 U.S.C. 112(b) as being dependent on a rejected claim, and thus, containing the same offending limitations.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 5-7, 49, 54, and 56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimoldby et al. (US 2019/0015289 A1) (hereinafter Grimoldby)in view of Shapiro et al. (US 2017/0035602 A1) (hereinafter Shapiro).
In regards to claim 1, Grimoldby discloses an orthopedic brace (1100; see [0065]; see figure 1) comprising:
at least one housing (2500 and 1180 together; see [0051], [0053]; see figures 4, 10, and 15) having an internal face and an external face (see figure 13 that 2500 of 2000 comprises internal and external faces), wherein said internal face is configured to be worn by a subject, in a vicinity of a joint (see figure 5);
at least one substantially flat thermoelectric cooler (TEC) (Peltier cell; see [0053]; see figure 13 below) disposed at least partially within the housing (2500; see figure 13), and having an internal TEC face and an external TEC face, wherein the external TEC face is facing the external face of said at least one housing (2500 and 1180; see [0054]; see figure 13 that the Peltier cell has internal (lower) which faces the user and external (upper) surface which faces away from the user and the external surface of the cell which faces away from the user faces the external surface of the housing);
at least one heat transferring medium (2800; see [0053]; see figure 4) coupled to said at least one substantially flat thermoelectric cooler (Peltier cell; see [0054]; see figure 13) and comprising a first thermally conductive material (see [0053] in reference to 2800 being conductive and thus comprising a first thermally conductive material), wherein the at least one heat transferring medium (2800) has an external face, facing and thermally coupled to the internal TEC face, and an internal face (see figure 13 that 2800 has an external (upper) face which faces the Peltier cell; and an internal (lower) face which faces the user through the aperture 1200); and
a cooling unit (2600 and 2700; see [0053]; see figure 4) comprising:
a heat sink (2700) coupled to said at least one substantially flat thermoelectric cooler (see [0054]), and
a fan (2600) configured and positioned to create air flow in the direction of the heat sink (2700), thereby evacuating heat therefrom (see [0054])
wherein upon application of electrical current said at least one substantially flat thermoelectric cooler (Peltier cell), the temperature of the external TEC face is being either elevated or lowered and the temperature of the internal TEC face is being either lowered or elevated in the opposite direction (see [0054]), thereby lowering or elevating the temperature of the at least one heat transferring medium (2800; see [0053]).
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Grimoldby does not disclose wherein the at least one heat transferring medium is configured to transition from a bendable state to a non-bendable state.
However, Shapiro teaches an analogous orthopedic brace (100; see [0022]; see figure 1) comprising an analogous thermoelectric cooler (60; see [0030]; see figure 3) and heat transferring medium (24; see [0023]; see figure 2); wherein the at least one heat transferring medium (24) is configured to transition from a bendable state (liquid phase) to a non-bendable state (solid phase; see [0040-0041] that 24 is formed from a phase-change material which is configured to transition from a liquid (bendable) phase, to a solid (non-bendable) phase depending on the temperature) for the purpose of enhancing thermal transfer to the user from the device (see [0040]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the heat transferring medium as disclosed by Grimoldby and to have formed the heat transferring material from a phase change material which is configured to transition from a bendable state to a non-bendable state as taught by Shapiro in order to have provided an improved heat transferring medium which would add the benefit of enhancing thermal transfer through the heat transferring material to the user from the device (see [0040]).
In regards to claim 5, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro further discloses wherein lowering the temperature of the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) comprises setting the temperature of the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) at a first temperature (cooling temperature; see Grimoldby [0053-0054]), wherein the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) is in a non-bendable state (solid phase) when in the first temperature (cooling temperature; see Shapiro [0040] the phase change material is in the solid phase (non-bendable) when at colder temperatures until they have absorbed enough heat).
In regards to claim 6, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro further discloses wherein the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) is in a bendable state (liquid phase) when in room temperature (see Shapiro [0045] in reference to the phase change to the liquid phase being from 22-28°C, room temperature is 22°C (72°F)), and wherein the lowering of the temperature of the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) to the first temperature (cooling temperature) causes the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) to be in a non-bendable state (solid phase; see Shapiro [0040] as discussed above).
In regards to claim 7, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro further discloses wherein the orthopedic brace (1100 of Grimoldby) is configured to be worn by the subject (see Grimoldby figure 5) when the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) is in a non-bendable state (solid phase), the orthopedic brace (1100 of Grimoldby) is configured to substantially fix the joint in a predetermined conformation (2800 of Grimoldby as now modified by Shapiro, when in the solid phase, is capable of inhibiting the movement of the joint and thus, 1100 of Grimoldby through 2800, is configured to “substantially fix the joint in a predetermined configuration” when 2800 is in the solid phase as claimed); and wherein when the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) is in a bendable state (liquid phase), the orthopedic brace (1100 of Grimoldby) is configured to allow substantial movement of the joint (2800 of Grimoldby as now modified by Shapiro, when in the liquid phase, is capable of bending around, and allowing the movement of the joint and thus, 1100 of Grimoldby through 2800, is configured to “allow substantial movement of the joint” when 2800 is in the liquid phase as claimed).
In regards to claim 49, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby further discloses method for treating a disease selected of arthritis, osteoarthritis, rheumatoid arthritis, osteoporosis, and trauma, the method comprising applying the orthopedic brace of claim 1 onto the joint (see [0002] in reference to the treatment of injuries; see [0006] in reference to the apparatus being used for the abovementioned problems including the treatment of injuries (trauma); see figure 5 that the brace is applied to a user).
In regards to claim 54, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro further discloses wherein the first thermally conductive material (material of 2800 of Grimoldby as now modified by Shapiro) comprises a liquid (the phase change material of 2800 of Grimoldby as now modified by Shapiro has a liquid state when at a certain temperature, and thus “comprises a liquid”).
In regards to claim 56, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby further discloses indicated to treat the joint of a subject (see [0002], [0006], and figure 5 that the orthopedic brace is indicated to treat the joint of a subject).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimoldby in view of Shapiro as applied to claim 1 above, and further in view of Vergara et al. (US 2019/0099287 A1) (hereinafter Vergara).
In regards to claim 24, Grimoldby discloses the invention as discussed above.
Grimoldby further discloses wherein the heat sink (2700) comprises a platform having an internal face and an external face (see annotated figure 13 below), wherein the internal face comprises a recess dimensioned to accommodate the external TEC face, wherein the heat sink further comprises a plurality of fins, each extending externally from the external heat sink face (see annotated figure 13 below).
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Grimoldby does not disclose wherein the internal heat sink face is connected to the recess, through a second thermal paste disposed therein.
However, Vergara teaches an analogous orthopedic brace (brace; see figure 1a) comprising analogous heat transferring materials (670; see [0055]; see figure 3 and 520; see [0054]; see figure 3) wherein the heat transferring materials are connected through a first thermal paste (see [0057]) for the purpose of providing a connecting means that maintain intimate contact between the heat transferring materials so that that there is sufficient heat transfer between the materials (see [0114]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the internal heat sink face and the recess of the heat sink platform as disclosed by Grimoldby and to have utilized a thermal paste as taught by Vergara in order to have provided an improved connection between the thermoelectric face and heat sink that would add the benefit of maintaining intimate contact between the heat transferring materials so that that there is sufficient heat transfer between the materials (see [0114]) thereby ensuring a sufficient heat transfer from the Peltier cell to the heat sink allowing the heat sink to dissipate heat efficiently.
Claim(s) 37-39 and 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimoldby in view of Shapiro as applied to claim 1 above, and further in view of Mandel (US 2013/0085552 A1).
In regards to claim 37, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro does not disclose a vibrating unit positioned on the internal face of the housing.
However, Mandel teaches an analogous orthopedic brace (1; see [0031]; see figure 1) comprising an analogous housing (housing formed by 23 and 24; see [0035]; see figure 3) and an analogous thermoelectric cooler (11; see [0033]; see figure 8); further comprising a vibrating unit (42; see [0046]; see figure 8) positioned on the internal face of the housing (see figure 3 that 19 is positioned on the internal face of the housing, see [0046] in reference to the assembly seen in figure 8 being similar to assembly 19, thus the assembly comprising the vibrating unit is considered to be positioned on the internal face of the housing) for the purpose of assisting with penetration and the soothing and loosening of tight muscles during the heat cycle (see [0046]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the internal face of the housing as disclosed by Grimoldby as now modified by Shapiro and to have included the vibrating unit as taught by Mandel in order to have provided an improved orthopedic brace that would add the benefit of providing a means for assisting with penetration and the soothing and loosening of tight muscles during the heat cycle (see [0046]).
In regards to claim 38, Grimoldby as now modified by Shapiro and Mandel discloses the invention as discussed above.
Grimoldby as now modified by Mandel further discloses wherein the vibrating unit (42 of Mandel) is contacting the heat transferring medium (2800 of Grimoldby; see figure 8 of Mandel that 42 is contacting heat transfer medium 17, thus 42 of Mandel would be similarly contacting 2800 of Grimoldby).
In regards to claim 39, Grimoldby as now modified by Shapiro and Mandel discloses the invention as discussed above.
Grimoldby as now modified by Mandel further discloses wherein the vibrating unit (42 of Mandel) comprises a vibration motor (see Mandel [0046]), configured to create a vibration upon application of electric current thereby (see Mandel [0046]).
In regards to claim 55, Grimoldby as now modified by Shapiro and Mandel discloses the invention as discussed above.
Grimoldby as now modified by Shapiro further discloses wherein the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) is in a bendable state (liquid phase) when in room temperature (see Shapiro [0045] in reference to the phase change to the liquid phase being from 22-28°C, room temperature is 22°C (72°F)), and wherein the lowering of the temperature of the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) to the first temperature (cooling temperature) causes the at least one heat transferring medium (2800 of Grimoldby as now modified by Shapiro) to be in a non-bendable state (solid phase; see Shapiro [0040] as discussed above).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimoldby in view of Shapiro as applied to claim 1 above, and further in view of Vergara et al. (US 2016/0270952 A1) (hereinafter Vergara ‘952).
In regards to claim 40, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby further discloses wherein the at least one housing (2500 and 1180 together) comprises
a first housing (2500 and 1180 of left 2000; see figure 15) wherein the first housing internal face is structured to be worn by the subject, in the vicinity of the joint (see figure 5);
a second housing (2500 and 1180 of right 2000; see figure 15) wherein the second housing internal face is structured to be worn by the subject, in the vicinity of the same joint (see figure 5);
wherein the at least one substantially flat thermoelectric cooler (Peltier cell) comprises:
a first substantially flat thermoelectric cooler (TEC) (Peltier cell of left 2000) disposed at least partially within the first housing (2500 and 1180 of left 2000; see [0053] and [0071]; see figure 15), wherein the external TEC face of the first thermoelectric cooler is facing the external face of the first housing (2500 and 1180 of left 2000; see [0054]; see figure 13 that the Peltier cell has internal (lower) which faces the user and external (upper) surface which faces away from the user and the external surface of the cell which faces away from the user faces the external surface of 2500 and 1180 of left 2000);
a second substantially flat thermoelectric cooler (TEC) (Peltier cell of right 2000) disposed at least partially within the second housing (2500 and 1180 of right 2000; see [0053] and [0071]; see figure 15), wherein the external TEC face of the second thermoelectric cooler is facing the external face of the second housing (2500 and 1180 of right 2000; see [0054]; see figure 13 that the Peltier cell has internal (lower) which faces the user and external (upper) surface which faces away from the user and the external surface of the cell which faces away from the user faces the external surface of 2500 and 1180 of right 2000);
wherein the at least one heat transferring medium (2800) comprises
a first heat transferring medium (2800 of left 2000; see [0053] and [0071]; see figure 4 and 15) coupled to the first housing (2500 and 1180 of left 2000) and to the first thermoelectric cooler (Peltier cell of left 2000) and a second heat transferring medium (2800 of right 2000; see [0053] and [0071]; see figure 4 and 15) coupled to the second housing (2500 and 1180 of right 2000) and to the second thermoelectric cooler (Peltier cell of right 2000);
wherein the first and second heat transferring medium (2800 of left and right 2000) has an external face, facing and thermally coupled to the internal TEC face of the first thermoelectric cooler and the internal TEC face of the second thermoelectric cooler (see figure 13 that 2800 has an external (upper) face which faces the Peltier cell thus each 2800 has an external face which faces the Peltier cells of left and right 2000);
wherein upon application of electrical current to each one of the first thermoelectric cooler (Peltier cell of left 2000) and second thermoelectric cooler (Peltier cell of right 2000), the temperature of the corresponding external TEC face is being either elevated or lowered and the temperature of the corresponding internal TEC face is being either lowered or elevated in the opposite direction (see [0054]), thereby lowering or elevating the temperature of the heat transferring medium thermally coupled thereto (2800 of left and right 2000; see [0053]).
Grimoldby as now modified by Shapiro does not disclose Grimoldby does not disclose the first and second heat transferring mediums are a single heat transferring medium.
However, Vergara ‘952 teaches an analogous orthopedic device (10; see [0026]; see figure 1) comprising analogous first and second thermoelectric coolers (multiple 22; see [0026]; see figure 1) and an analogous heat transferring medium (40; see [0027]; see figure 1); wherein the heat transferring medium (40) is a single heat transferring medium (see figure 1) connected between the multiple thermoelectric coolers (22; see figure 1) for the purpose of making contact with a large area of the user over which the heat transferring medium is disposed upon (see [0029]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second heat transferring mediums as disclosed by Grimoldby as now modifie4d by Shapiro and to have formed them as a single heat transferring medium which was connected between multiple thermoelectric coolers as taught by Vergara ‘952 in order to have provided an improved orthopedic brace which would provide a heat transferring medium which makes contact with a large area of the user over which the heat transferring medium is disposed upon (see [0029]) thereby allowing the therapeutic benefits to be applied over a larger area of a user’s limb over which the device has been applied.
Claim(s) 50-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grimoldby in view of Shapiro as applied to claim 1 above, and further in view of Lini (US 2017/0095367 A1).
In regards to claim 50, Grimoldby as now modified by Shapiro discloses the invention as discussed above.
Grimoldby as now modified by Shapiro does not disclose further comprising a substantially flat heat transferring connector made of a second thermally conductive material, and having an external face coupled to the thermoelectric cooler and an internal face contacting the heat transferring medium;
wherein the at least one heat transferring medium comprises a niche, the niche located at the external face of the at least one heat transferring medium and penetrating into the at least one heat transferring medium, and
wherein the niche is configured to accommodate at least a portion of the at least one heat transferring connector.
However, Lini teaches an analogous orthopedic brace (1; see [0018]; see figure 1) comprising an analogous thermoelectric cooler (4; see [0018]; see figure 2), heat transferring medium (3; see [0018]; see figure 2) made from a first thermally conductive material (see [0018]); further comprising a substantially flat heat transferring connector (5a and 5b; see [0023]; see figure 2) made of a second thermally conductive material (see [0023]), and having an external face coupled to the thermoelectric cooler (4) and an internal face contacting the heat transferring medium (3; see figure 2);
wherein the at least one heat transferring medium (3) comprises a niche (see figures 1 and 2 that 3 forms an opening or niche for housing structures), the niche located at the external face of the at least one heat transferring medium (3) and penetrating into the at least one heat transferring medium (3 see figure 2 that the opening for receiving structures is located at the external face and penetrates from the external to internal face), and
wherein the niche is configured to accommodate at least a portion of the at least one heat transferring connector (5a and 5b; see figure 2) for the purpose of increasing the thermal exchange between the thermoelectric cooler and the heat transferring medium (see [0023]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the orthopedic brace as disclosed by Grimoldby as now modified by Shapiro and to have included the substantially flat heat transferring connector and the niche within the heat transferring medium as taught by Lini in order to have provided an improved orthopedic brace that would add the benefit of increasing the thermal exchange between the thermoelectric cooler and the heat transferring medium (see [0023]) and to have provided a means for securely housing the heat transferring connector.
In regards to claim 51, Grimoldby as now modified by Shapiro and Lini discloses the invention as discussed above.
Grimoldby as now modified by Lini further discloses wherein a part of the at least one heat transferring connector (5a and 5b of Lini) is located within the niche of the at least one heat transferring medium (2800 of Grimoldby modified to include the accommodating space of Lini; see Lini figure 2 that the niche houses 5a).
In regards to claim 52, Grimoldby as now modified by Shapiro and Lini discloses the invention as discussed above.
Grimoldby as now modified by Lini further discloses wherein the part of the heat transferring connector (5a and 5b of Lini) is positioned to be in direct contact with the internal TEC face (internal Peltier cell face; see Lini figure 2 that 5b is in direct contact with the internal face of 4; and thus would be positioned similarly in the combination of Grimoldby as now modified by Lini).
In regards to claim 53, Grimoldby as now modified by Shapiro and Lini discloses the invention as discussed above.
Grimoldby as now modified by Lini further discloses wherein upon application of electrical current to the at least one substantially flat thermoelectric cooler (Peltier cell of Grimoldby), the temperature of the internal TEC face is being either lowered or elevated (see Grimoldby [0054]), thereby lowering or elevating the temperature of the heat transferring connector (5a and 5b of Lini) respectively (5a and 5b of Lini are intended to increase the thermal exchange between the Peltier cell and heat transferring medium (see [0023]), thus, the temperature of 5a and 5b of Lini would be raised or lowered in response to the actuation of the Peltier cell of Grimoldby) and wherein upon the temperature of the heat transferring connector (5a and 5b of Lini) being either lowered or elevated, heat is conducted between the heat transferring connector (5a and 5b of Lini) and the at least one heat transferring medium (2800 of Grimoldby) to lower or elevate the temperature of the at least one heat transferring medium (2800 of Grimoldby; see [0053-0054] of Grimoldby and [0023] of Lini) respectively.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/DANIEL A MILLER/ Primary Examiner, Art Unit 3786