DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/30/2025 has been entered.
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 .
Claim Status
Applicant’s amendments in the response filed on 06/30/2025 has been considered by the Examiner. Currently claims 1, 5-15, 18-17, 20, and 21 are pending, claims 1, 5-14, and 17-18 have been amended, claims 2-4, 15-16, and 19 are canceled. Applicant’s amendments in claims 12-14 have obviated the previously filed claim rejection under 35 U.S.C 112(b). A complete action on the merits of claims 1, 5-14, 17-18, and 20-21 follows below.
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 1, 5-10, and 21 are 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 1 recites the limitation “the first edge” in line 20 and “the second edge” in line 22. There is insufficient antecedent basis for these limitations in the claims.
Claims 5-10 are rejected due to their dependency on rejection claim 1.
Claim 21 recites the limitation “the air-guide device.” There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
Claim 1, and 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over a first interpretation of Anderson (2007/0093882) in view of Pierre (2010/0211141).
Regarding claim 1, Anderson teaches a combination comprising:
a garment (a clinical garment 22)
a configurable convective device (first convective apparatus 60), comprising
a flexible first layer having an air permeable surface (permeable surface 64);
a flexible second layer joined to the first layer by a first seal around a common periphery to form a pneumatic structure ([0064] the first convective apparatus may be formed by joining two sheets of material with a closed impermeable seam around its periphery. One of the sheets is impermeable while the other is permeable), the pneumatic structure having a lower edge and an opposing upper edge (the first edge is 65 and the opposite edge is 62), wherein the pneumatic structure comprises a first portion, a second portion (left and right portions 63) and an inflatable channel connecting the first portion and the second portion (portion between63 which is the entire portion 62);
at least one opening into the pneumatic structure (inlet port 61); and
a separation device disposed on the first edge and between the first portion and the second portion comprising: a separation element, wherein the separation element comprises at least one of a line of weakness, perforation, and slit (the sealed lower portion of the permeable surface 64 where the attachment mechanism is mounted may be surrounded by a perforation 66p, an attachment mechanism in the form of a double sided tape 66 positioned on the lower edge 65 of the convective device 60 is surrounded by perforation 66p which allows either side of the attachment mechanism to be detached from the sealed lower portion and permit the attachment mechanism to pivot on its longitudinal end [0049]);
an additional convective device disposed between the first portion and the second portion (second convective device 70 is disposed between extending arms 62 with respective ends 63 of the first convective device 60); the additional convective device including a flexible first layer having air permeable surface , a flexible second layer joining the first layer by a seal around a common periphery to form a pneumatic structure ([0053] The surface 86 of the section 72 which is visible in FIG. 3F is permeable, permitting pressurized air that is flowing into and inflating the section 72 to be expelled toward the interior of the clinical garment 22 (that is, toward a patient)…[0064] Each of the first and second convective apparatuses 60 and 70 may be formed by joining two sheets of material with a closed impermeable seam around their peripheries and, in the second convective apparatus, one or more additional closed impermeable seams to define the separate sections. One of the sheets is relatively impermeable and the other sheet is relatively more permeable to permit airflow therethrough) and at least one opening into the pneumatic structure ([0053] Although one inlet port 85 is illustrated in the section 72, one or more additional inlet ports may be provided for convenience),
an attachment device configured to attach the configurable convective device to the garment ([0064] The two sheets with which a convective apparatus is formed may be separate from the clinical garment 22, in which case the convective apparatuses are permanently or releasably attached, fixed or adhered to the inside surface 42 of the clinical garment 22);
wherein the separation device at least partially surrounds the additional convective device and separates the additional convective device from the first portion, the second portion and the inflatable channel of the configurable convective device (perforation 66p permits the attachment mechanism 66 to be removed after use. The perforation 66p surrounds the bottom portion of the first convective device 60 …the first convective device 60 and the second convective device 70 can be removably connected to each other via attachment mechanism or double-sided tape 66, Fig. 3G wherein the upper edge 80 of the second convective apparatus overlaps the lower edge 65 of the first convective apparatus and the double-sided tape. When being deployed for use the two short sections of the perforation 66p are torn. Fig. 3H and FIG. 3I indicate how the convective devices can be separated [0058]).
While Anderson provides its first and second portions can be bent (the flexible sheets of the convective device are configured to bend), Anderson does not teach an air-guide device comprising a second seal wherein the air guide device is configured to facilitate the formation of one or more creases at the inflatable channel based on the first portion being rotated relative to the second portion such that the flow rate of an inflation medium through the inflatable channel to reduce air pressure drop therethrough.
However, Pierre teaches a convective device within the same field of invention (blanket 2). Pierre teaches a second seal extending angularly from the first seal away from the upper edge and toward the lower edge (the blanket includes a periphery seal which includes an upper edge and lower edge ; central seal 36a extends at a perpendicular angle with respect to the top or bottom edge and it extends away from the upper edge and toward the lower edge) wherein the air-guide device is configured to facilitate forming creases (the top and bottom sheets of the convective device are connected to form various seals, partition the blanket and form passageways. When air is inflated into the device, the seals would form creases [0018]). When the device is bent it modifies or reduces the inflation flow rate through the device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for a second seal in the inflatable channel in Anderson to provide for a desired air flow into the convective device.
While Figs. 3C and 3B indicate the separation element 66p generally extending from a first edge toward a second edge, it is silent about specifically teaching the separation element is within an enclosure seal.
However, Pierre provides for sets of seals 16a, 16b, 20a, 20b, with their corresponding slits. 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 perforations in Anderson such that it is enclosed in a seal and the seal is extending from the first edge of the configurable convective device toward the second edge, since Pierre teaches the seals provide a demarcation separating portions of the convective device when a tearing force is applied to the seals [0020].
Regarding claim 6, the combination teaches the limitations of claim 1 as previously rejected above. Anderson teaches wherein the air-guide device further comprises a plurality of staked seals ( The sheets are further connected by discontinuous seals or stake points within the closed impermeable seams [0064]) but is silent about specifically teaching disposed proximate to the seal around the common periphery.
However, Pierre teaches its seals are positioned proximate the periphery of the inflatable channel ([0020] seals 42 and 34a’, 34b’ formed in the periphery). 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 discontinuous seals or stake points in Anderson and position them proximal a periphery of the inflatable channel to provide for a desired air flow into the convective device.
Regarding claim 7, Anderson in view of Pierre teaches the limitations of claim 1 as previously rejected above. Anderson in view of Pierre teaches wherein the air guide device extends from the first seal toward the pneumatic structure (Pierre provides its seals 42, and 36a are proximate to the upper periphery and extend from that portion to the pneumatic device .It is the position of the Examiner that the recitation does not require the air guide device to be in direct contact with the first seal and extending ).
Regarding claim 8, Anderson in view of Pierre teaches the limitations of claim 1 as previously rejected above. Anderson in view of Pierre teaches wherein the air-guide device comprises two guiding seals, each guiding seal extending from the second edge and toward the pneumatic structure (Pierre provides its seals 42 that extend from an upper edge or first seal toward the pneumatic structure).
Regarding claim 9, Anderson in view of Pierre teaches the limitations of claim 1 and the attachment device comprises at least one of a two-sided adhesive strip, a perforated tear-away tab, hook and loop, a snap, a rivet, a repositionable adhesive strip, and a mechanical reclosable fastener (Anderson generally provides for a double sided adhesive 66 [0057] The upper edge 80 may be retained in place by tacking, taping, or a light adhesive acting between the upper edge 80 and the first convective apparatus 60 and/or the inside surface 43 of the clinical garment.)
Regarding claim 10, Anderson in view of Pierre teaches the limitations of claim 1 and wherein the separation device further comprises: a second enclosure seal or a second separation element within the second enclosure seal (Pierre provides for multiple enclosure seals and separation elements and one of ordinary skill would know to place a second separation element in the device as needed. Anderson provides for multiple convective devices in a garment provides that having multiple convective devices would necessitate more than one separation element).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over a first interpretation of Anderson (2007/0093882) in view of Pierre (2010/0211141), and in further view of Pierre (Pun. No. 2007/0244532).
Regarding claim 5, Anderson in view of Pierre teaches the limitations of claim 1 as previously rejected above. The combination does not teach wherein the second seal comprises a wavy seal integrated with the first seal around the common periphery. However, Pierre ‘532 teaches a curvilinear-like portion integrated with the periphery seal of the inflatable convective blanket 2, Fig. 1.
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 periphery seal to integrate a wavy seal since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ.
Claims 11-14, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over a second interpretation of Anderson (2007/0093882) in view of Pierre (2010/0211141).
Regarding claim 11, Anderson teaches a combination configured to be coupled to a garment (a clinical garment 22) comprising:
a first convective device (separately inflatable section 72 of convective apparatus 70), comprising:
a first layer having an air permeable surface and a second layer coupled to the first layer by a first seal around a periphery of the first layer and the second layer ([0064] may be formed by joining two sheets of material with a closed impermeable seam around its periphery. One of the sheets is impermeable while the other is permeable), wherein the first convective device defines a first vertical portion, a second vertical portion (left and right sides of the U-shaped outline [0053] the second section 72 has a U-shaped outline with lower edge 82 and side edges 83 and 84. The section 72 generally forms an outline that surrounds the first section 71 on three sides), and a horizontal portion extending between the first and second vertical portions (bottom portion of 72 between the left and right portions of 72); and
a first opening into the first convective device (inlet port 85), wherein an inflation source is operable to inflate the first convective device through the first opening ([0045] Either convective apparatus may be operated by receiving warmed, pressurized air from a heater/blower unit);
a second convective device including a first layer having air permeable surface and a second layer coupled to the first layer (separately inflatable convective device 71 wherein the U-shaped second section 72 forms an outline surrounds the first section 71 on three sides…[0052] The surface 79 of the section 71 which is visible in FIG. 3D, including the surfaces of the parts 76-78, is permeable, permitting pressurized air that is flowing into and inflating the section 71 to be expelled toward the interior of the clinical garment 22 …[0064] Each of the first and second convective apparatuses 60 and 70 may be formed by joining two sheets of material with a closed impermeable seam around their peripheries and, in the second convective apparatus, one or more additional closed impermeable seams to define the separate sections. One of the sheets is relatively impermeable and the other sheet is relatively more permeable to permit airflow therethrough);
a second opening into the second convective device ([0052] the inlet port 74 is provided through the surface of the second convective apparatus 70), wherein an inflation source is operable to inflate the second convective device through the second opening ([0045] Either convective apparatus may be operated by receiving warmed, pressurized air from a heater/blower unit).
While Anderson provides its first and second vertical portions can be bent (the flexible sheets of the convective device are configured to bend), Anderson does not teach a second seal extending angularly from the first seal away from an upper edge of the convective device toward a lower edge of the first convective device, wherein the second seal is configured to facilitate the formation of one or more creases at the horizontal portion based on the first and second vertical portions being rotated relative to one another, thereby reducing air pressure drop through the horizontal portion.
However, Pierre teaches a convective device within the same field of invention (blanket 2). Pierre teaches a second seal extending angularly from the first seal away from the upper edge and toward the lower edge (the blanket includes a periphery seal which includes an upper edge and lower edge ; central seal 36a extends at a perpendicular angle with respect to the top or bottom edge and it extends away from the upper edge and toward the lower edge) wherein the air-guide device is configured to facilitate forming creases (the top and bottom sheets of the convective device are connected to form various seals, partition the blanket and form passageways. When air is inflated into the device, the seals would form creases [0018]). When the device is bent it modifies or reduces the inflation flow rate through the device.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for a second seal in the inflatable channel in Anderson to provide for a desired air flow into the convective device.
While Anderson generally provides for a separation device connecting a first convective device and a third convective device (double sided tape 66 connecting layers 60 and 70 as discussed in [0058]), Anderson is silent about specifically teaching a separation device directly connecting the first convective device with the second convective device, wherein the separation device allows the first convective device to separate from the second convective device.
However, Pierre teaches a device within the same field of invention (convective warming blanket) comprising a separation device connecting portions of a convective devices (sets of seals 16a, 16b, 20a, 20b, with their corresponding slits 41a, 41b, 43a, 43b).
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 outline of convective device 71 such that it includes a separation device that allows it to separate from convective device 72 since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnrnan, 168 USPQ 177, 179 (MPEP 2144.04 (V-C)).
Regarding claim 12, Anderson in view of Pierre teaches the limitations of claim 11. Anderson in view of Pierre teaches wherein the separation at least partially surrounds the second convective device (Claim 11 discussed modifying the outline of the second convective device to include the separation device which therefore surrounds the second convective device).
Regarding claim 13, Anderson in view of Pierre teaches the limitation of claim 11, Anderson provides wherein the separation device includes: a first separation portion extending from the lower edge of the first convective device toward the upper edge of the first convective device (first elongate section of 71 extending near edge 82 towards edge 80); a second separation portion extending from the first separation portion and alongside the upper edge of the first convective device (transverse portion of 71 nearest to edge 80 towards edge 83); and a third separation portion extending from the second separation portion toward the lower edge (second elongate section of 71 extending from the transverse side nearest to edge 80 which extends towards edge 82).
Regarding claim 14, Anderson in view of Pierre teaches the limitations of claim 11 and wherein the separation comprises a line of weakness, a perforation, or a slit, or combinations thereof (Pierre teaches sets of seals 16a, 16b, 20a, 20b, with their corresponding slits 41a, 41b, 43a, 43b).
Regarding claim 18, Anderson in view of Pierre the limitations of claim 16 as previously rejected above. Anderson generally provides for staked seals ([0064] The sheets are further connected by discontinuous seals or stake points within the closed impermeable seams) and Pierre provides its seals are positioned proximate the periphery of the inflatable channel ([0020] seals 42 and 34a’, 34b’ formed in the periphery).
Regarding claim 20, Anderson in view of Pierre teaches the limitations of claim 11 and further comprising an attachment configured to attach the first convective device to the garment ([0064] The two sheets with which a convective apparatus is formed may be separate from the clinical garment 22, in which case the convective apparatuses are permanently or releasably attached, fixed or adhered to the inside surface 42 of the clinical garment 22).
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over the second interpretation of Anderson (2007/0093882) in view of Pierre (2010/0211141), and in further view of Pierre (Pun. No. 2007/0244532).
Regarding claim 17, Anderson in view of Pierre teaches the limitations of claim 16 as previously rejected above. The combination does not teach wherein the second seal comprises wavy seal. However, Pierre ‘532 teaches a curvilinear-like portion in convective blanket 2, Fig. 1.
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 periphery seal to provide for a wavy seal since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ.
Claim 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kappel (US 6,241,756) in view of Van Duren (2006/0184217).
Regarding claim 21, Kappel teaches a convective device, wherein the convective device (upper body blanket 10; Col. 3 lines 55-65) comprises:
a lower edge and an upper edge opposing the lower edge;
a first layer and a second layer coupled to the first layer by a first seal (seal around the periphery includes an upper edge and a lower edge) to define ;
a first inflatable portion extending from the lower edge toward the upper edge (left inflatable section, from the top edge to the bottom edge and from the left most edge to slit 90 );
a second inflatable portion extending from the lower edge toward the upper edge (right inflatable section from the top edge to the bottom edge from the right most edge to slit 90 ); and
a third inflatable portion extending between the first and second inflatable portions (the middle section from the top to bottom and slits 90 to 92 and 80 to 85); and
a second seal angularly extending from the first seal toward the lower edge (the series of spot welds 50 extending perpendicularly from the upper edge to the lower edge), wherein the air-guide device is configured to facilitate the formation of one or more creases at the third inflatable portion based on the first inflatable portion being rotated relative to the second inflatable portion (the spot welds assist in making the creases and allow the first inflatable portion to rotate with respect to the second inflatable portion. The device also includes slits 90 and 92 that assist with the device to fold).
While Kappel does teaches its device can be connected to another piece of equipment (Col. 3 lines 6-7) it is silent about teaching a garment and the convective device coupled to a garment.
However, Van Duren teaches a device within the same field of invention (upper and lower convective devices wherein the convective device is coupled to a garment (FIGS 6C-F and 7A-B).
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 device such that it can be coupled to a garment since this provides the benefit of warming a person wearing the garment in a clinical setting for comfort and mobility of the person [0009].
Response to Arguments
Applicant’s response filed on 6/30/2025 has been considered by the Examiner. Applicant’s amendments necessitate a new grounds of rejection over Anderson (2007/0093882) in view of Pierre (2010/0211141) for claims 1 and 11.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASAMIN EKRAMI whose telephone number is (571)272-9803. The examiner can normally be reached 9:00-5:00.
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/Y.E/Examiner, Art Unit 3794
/KAITLYN E SMITH/Primary Examiner, Art Unit 3794
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