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
The amendment filed 07/02/2026 has been entered. Claims 1, 3, 7-16, 18-25 & 34-37 remain pending in the application.
Response to Arguments
Applicant's arguments with respect to claims 1, 3, 7-16, 18-25 & 34-3 have been considered but are not seen as persuasive, see reasoning below.
Regarding claim 1, Applicant argues that Lewis does not teach or suggest the claimed filter limitation and that there is no proper motivation to combine Lewis with Galer’s liquid TTM system. Examiner first wants to point out that Galer does disclose a filter 54 in Figure 2, in which it is stated in Paragraph [0042] of Galer that the filter may be a particle filter adapted to filter out particles within the circulating fluid that exceed a size threshold, or may be a biological filter adapted to purify or sanitize the circulating fluid, or it may be a combination of both. However, Galer does not explicitly disclose wherein the filter is apart of the fluid containing layer. Therefore, Examiner brought in the art of Lewis which discloses a filter in which is apart of the fluid containing layer. While Lewis art is directed towards using air as the fluid, in which by definition a fluid is any substance that can flow and continuously change shape when force is applied, it still provides the limitation of a filter being integrated into the fluid containing layer. While the pads of Lewis may have different uses, both references are providing heat/cooling sensation to a patient through the use of a fluid (water vs air), both still contain the same functionality while some aspects differ. In Regard to argument of Lewis filters function of “remove bacteria and contaminants”, as taught above, Galer’s filter is removing particles such that it can sanitize and clean the fluid flowing through, therefore, both filters have the same exact function, the difference is location. In terms of the motivation, it is truly a difference of whether the fluid gets filtered as it goes through the pad or when it comes out of the pad and before going back in, both are supplying the same exact functionality its just a difference of filtering before or after, such that the motivation is to filter the fluid as it enters the pads therefore fluid is filter prior to use instead of filtering post use as shown in Galer’s invention. Therefore, Examiner stands by the rejection of claim 1 as taught in the non-final and for the reasonings above.
Regarding new claim 28, examiner agrees Lewis does not read on the claim and is rejected with new art taught below.
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 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.
Claims 1, 3, 7-10, 14, 16, 18, 22, 24-25 & 34-35 are rejected under 35 U.S.C 103 as being unpatentable over Galer et al. (US 20180042762) herein referred to as Galer and Blalock et al. (US 6551348) herein referred to as Blalock, in further view of Lewis (US 20150231009) herein referred to as Lewis.
Regarding claim 1, Galer discloses a targeted temperature management (TTM) system (Figure 1), comprising: a TTM module configured to provide a TTM fluid (Figure 1, 22); a plurality of thermal pads configured to facilitate thermal energy transfer between the TTM fluid and a patient (Figure 1, 24), each pad comprising: a fluid delivery conduit extending continuously between the pad and the TTM module (Figure 2, 28a; Paragraph [0041]; wherein 70 represents one or more thermal pads), the fluid delivery conduit configured to facilitate TTM fluid flow from the TTM module to the pad (Paragraph [0039]; Thermal control unit delivers temperature controlled fluid to the thermal pads via the fluid supply lines 28a), and coupled with the TTM module via a first type of connector attached to the fluid delivery conduit and a second type connector attached to the TTM module (Figure 2; wherein the end of 28a is seen as a first type of connector which connects to second type of connector 46 of the TTM module); a fluid containing layer (Figure 4; Paragraph [0058]; wherein the space between first intermediate layer 86 and second intermediate layer 88 where they are not bonded to each other defines a fluid chamber) comprising a fluid inlet and a fluid outlet (Figure 4, 78a & 78b); a filter coupled with the fluid inlet (Figure 2, 54); and a fluid return conduit extending continuously between the pad and the TTM module (Figure 2, 28b), the fluid return conduit configured to facilitate TTM fluid flow from the pad to the TTM module (Paragraph [0039]; wherein thermal control unit receives the temperature controlled fluid back from thermal pads via the return lines 28b) and coupled with the TTM module via a second type connector attached to the fluid return conduit and a first type connector attached to the TTM module (Figure 2; wherein the end of 28b is seen as a second type of connectors which connects to 56 which is seen as a first type of connector of the TTM module); and a plurality of first valves configured to selectively allow and prevent flow of the TTM fluid through the plurality of thermal pads (Figure 2, 44), wherein each first valve is disposed individually in line with each fluid delivery conduit configured to selectively allow and prevent flow of the TTM fluid through a corresponding pad of the plurality of thermal pads (Paragraph [0041]; wherein valves 44 control how much fluid flows from the TTM module to each of the fluid delivery conduits 28a, fluid delivery conduits 28a are, in turn, coupled to a thermal load 70. Thermal load 70 includes one or more thermal pads 24). However, Galer does not explicitly disclose wherein the TTM fluid is circulatable within the fluid containing layer from the fluid inlet, through the filter and to the fluid outlet; the connectors are A-type and B-type connectors wherein each A-type connector is configured to couple only with a B-type connector, and wherein each B-type connector is configured to couple only with an A-type connector.
Blalock discloses a targeted temperature management (TTM) system (Figure 1) wherein connectors are A-type and B-type connectors (Figure 2, 140 & 136; wherein 136 is attached to the TTM module through 50) wherein each A-type connector is configured to couple only with a B-type connector (Figure 2, 136 & 140; wherein A-type connector 140 is seen as a male part therefore is configured to couple with only a B-type connector 136 which is seen as a female part), and wherein each B-type connector is configured to couple only with an A-type connector (Figure 2, 136 & 140; wherein B-type connector 136 is seen as a female part therefore is configured to couple with only a A-type connector 140 which is seen as a male part). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer to female and male connectors as taught by Blalock. The motivation being applying a known technique, male and female connectors, to a known device, the pad taught by Galer in view of Blalock to yield predictable results of connecting a fluid delivery conduit to a TTM module (MPEP 2143 (D)).
Lewis discloses a thermal pad (Figure 2a) wherein the filter is coupled with the fluid inlet (Figure 2a, 2107), wherein the TTM fluid is circulatable within the fluid containing layer from the fluid inlet, through the filter and to the fluid outlet (Paragraph [0071]; wherein air flows in the inlet through the filter throughout the pad and then out outlets); Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the inlet and filter as taught by Galer to include the filter within the inlet and circulatable as taught by Lewis. The motivation being to filter the fluid right before entering the pad (Lewis, Paragraph [0071]).
Regarding claim 3, Galer and Blalock in further view of Lewis discloses the system according to claim 1. Galer also discloses wherein each first valve is configured for actuation by a processor of the TTM module in accordance with flow control logic of the TTM module to selectively allow and prevent TTM fluid flow through its respective fluid delivery conduit (Paragraph [0041]; wherein valves 44 are adapted to move between open and closed positions (and in some embodiments, one or more positions therebetween) under the control of controller and the valves control how much fluid flows from the TTM module to each of the fluid delivery conduit 28a).
Regarding claim 7, Galer and Blalock in further view of Lewis discloses the system according to claim 4. Blalock also discloses wherein each A-type connector includes a second valve configured to automatically allow TTM fluid flow through the A-type connector upon connection of the A-type connector with a B-type connector and automatically prevent TTM fluid flow through the A-type connector upon disconnection of the A-type connector from the B-type connector (Figure 2, 86; Column 4, lines 47-62; wherein throat actuator 86 acts as a second valve which when A-type connector which is the male connector is connected to the B-type connector allows for fluid to flow through, when they are not connected, 90 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer and Blalock in further view of Lewis to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62)
Regarding claim 8, Galer and Blalock in further view of Lewis discloses the system according to claim 4. Blalock also discloses wherein each B-type connector includes a third valve configured to automatically allow TTM fluid flow through the B-type connector upon connection of the B-type connector with an A-type connector and automatically prevent TTM fluid flow through the B-type connector upon disconnection of the B-type connector from the A-type connector (Figure 2, 76; Column 4, lines 47-62; wherein throat actuator 76 acts as a third valve which when B-type connector which is the female connector is connected to the A-type connector allows for fluid to flow through, when they are not connected, 74 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer and Blalock in further view of Lewis to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62)
Regarding claim 9, Galer in view of Blalock discloses the system according to claim 1. Galer also discloses further comprising two or more conduit retention devices disposed along the fluid delivery conduit and/or the fluid return conduit (Figure 1, 26), each conduit retention device configured for binding together the fluid delivery conduit and the fluid return conduit (Figure 1, 26; wherein hoses bind together the fluid delivery and fluid return conduits).
Regarding claim 10, Galer and Blalock in further view of Lewis discloses the system according to claim 9. Galer also discloses wherein each pad comprises at least one of the one or more conduit retention devices (Figure 1, 26; wherein each pad 24 has a corresponding hose 26 binding together the fluid delivery and fluid return conduits).
Regarding claim 14, Galer and Blalock in further view of Lewis discloses the system according to claim 1. Blalock also discloses wherein the thermal pad comprises a stretchable band extending across a top side of the thermal pad (Figure 1, 114). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Galer’s invention to include a stretchable band. The motivating being to releasably maintain the pad (Blalock, Column 5, lines 54-66) which could include a storage configuration.
Regarding claim 16, Galer discloses a medical pad for exchanging thermal energy between a targeted temperature management (TTM) fluid and a patient (Figure 4, 24), the pad comprising: a fluid containing layer (Figure 4; Paragraph [0058]; wherein the space between first intermediate layer 86 and second intermediate layer 88 where they are not bonded to each other defines a fluid chamber), wherein: the fluid containing layer is configured for containing the TTM fluid (Paragraph [0058]), the fluid containing layer comprises a fluid inlet and a fluid outlet (Figure 4, 78a & 78b); a filter coupled with the fluid inlet (Figure 2, 54);, and the TTM fluid is circulatable within the fluid containing layer from the fluid inlet to the fluid outlet (Paragraph [0058]; wherein the temperature controlled fluid supplied by thermal control unit (via supply line 28a) circulates in the layer; Paragraph [0054]; wherein Fluid inlet 78a is adapted to couple to fluid supply line 28a from thermal control unit 22. Fluid outlet 78b is adapted to couple to fluid return line 28b from thermal control unit 22); a fluid delivery conduit (Paragraph [0058]; wherein fluid delivery conduit 28a is coupled to the inlet 78a), wherein the fluid delivery conduit: is coupled to the fluid inlet at a distal end of the fluid delivery conduit is configured to extend continuously from the fluid containing layer to a TTM module (Figure 3; wherein conduit extends into the fluid containing layer through 78a; Paragraph [0058]; wherein fluid delivery conduit 28a is coupled to the inlet 78a), and comprises a first one of a plurality of connectors at a proximal end of the fluid delivery conduit (Figure 2; wherein the end of 28a connects to 46 of the TTM module and is seen as a connector), the first connector configured to couple with a first one of a plurality of connectors disposed on a connection panel of the TTM module (Figure 2, 46); And a fluid return conduit (Paragraph [0058]; wherein fluid delivery conduit 28b is coupled to the inlet 78b), wherein the fluid return conduit: is coupled to the fluid outlet at a distal end of the fluid return conduit is configured to extend continuously from the fluid containing layer and the TTM module (Figure 3; wherein conduit extends into the fluid containing layer through 78b; Paragraph [0058]; wherein fluid delivery conduit 28b is coupled to the inlet 78b), and comprises a second one of the plurality of connectors at a proximal end of the fluid return conduit (Figure 2; wherein the end of 28b connects to 56 of the TTM module and is seen as a connector), the second one of the plurality of connectors configured to couple with a second one of the plurality of connectors disposed on the connection panel of the TTM module (Figure 2, 56), However, Galer does not explicitly disclose wherein the TTM fluid is circulatable within the fluid containing layer from the fluid inlet, through the filter and to the fluid outlet; the connectors are A-type and B-type connectors wherein each A-type connector is configured to couple only with a B-type connector, and wherein each B-type connector is configured to couple only with an A-type connector.
Blalock discloses a targeted temperature management (TTM) system (Figure 1) wherein connectors are A-type and B-type connectors (Figure 2, 140 & 136; wherein 136 is attached to the TTM module through 50) wherein each A-type connector is configured to couple only with a B-type connector (Figure 2, 136 & 140; wherein A-type connector 140 is seen as a male part therefore is configured to couple with only a B-type connector 136 which is seen as a female part), and wherein each B-type connector is configured to couple only with an A-type connector (Figure 2, 136 & 140; wherein B-type connector 136 is seen as a female part therefore is configured to couple with only a A-type connector 140 which is seen as a male part). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer to female and male connectors as taught by Blalock. The motivation being applying a known technique, male and female connectors, to a known device, the pad taught by Galer in view of Blalock to yield predictable results of connecting a fluid delivery conduit to a TTM module (MPEP 2143 (D)).
Lewis discloses a thermal pad (Figure 2a) wherein the filter is coupled with the fluid inlet (Figure 2a, 2107), wherein the TTM fluid is circulatable within the fluid containing layer from the fluid inlet, through the filter and to the fluid outlet (Paragraph [0071]; wherein air flows in the inlet through the filter throughout the pad and then out outlets); Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the inlet and filter as taught by Galer to include the filter within the inlet and circulatable as taught by Lewis. The motivation being to filter the fluid right before entering the pad (Lewis, Paragraph [0071]).
Regarding claim 18, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 16. Galer also further discloses a conduit retention device configured to bind at least the fluid delivery conduit and the fluid return conduit together (Figure 1, 26; wherein hoses bind together the fluid delivery and fluid return conduits;).
Regarding claim 22, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 16. Blalock also discloses wherein the thermal pad comprises a stretchable band extending across a top side of the thermal pad (Figure 1, 114). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified Galer’s invention to include a stretchable band. The motivating being to releasably maintain the pad (Blalock, Column 5, lines 54-66) which could include a storage configuration.
Regarding claim 24, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 16. Blalock also discloses wherein each A-type connector includes a valve configured to automatically allow TTM fluid flow through the A-type connector upon connection of the A-type connector with a B-type connector and automatically prevent TTM fluid flow through the A-type connector upon disconnection of the A-type connector from the B-type connector (Figure 2, 86; Column 4, lines 47-62; wherein throat actuator 86 acts as a valve which when A-type connector which is the male connector is connected to the B-type connector allows for fluid to flow through, when they are not connected, 90 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer and Blalock in further view of Lewis to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62)
Regarding claim 25, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 16. Blalock also discloses wherein each B-type connector includes a valve configured to automatically allow TTM fluid flow through the B-type connector upon connection of the B-type connector with an A-type connector and automatically prevent TTM fluid flow through the B-type connector upon disconnection of the B-type connector from the A-type connector (Figure 2, 76; Column 4, lines 47-62; wherein throat actuator 76 acts as a valve which when B-type connector which is the female connector is connected to the A-type connector allows for fluid to flow through, when they are not connected, 74 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer and Blalock in further view of Lewis to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62).
Regarding claim 34, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 24. Blalock also discloses wherein the valve of each A-type connector is configured to automatically: transition from a closed state preventing TTM fluid flow through the A-type connector to an open state allowing flow of the TTM through the A-type connector in conjunction with a connection process of the A-type connector with the B-type connector (), and transition from the open state to the closed state in conjunction with a disconnection process of the A-type connector from the B-type connector (Figure 2, 86; Column 4, lines 47-62; wherein throat actuator 86 acts as a valve which when A-type connector which is the male connector is connected to the B-type connector allows for fluid to flow through, when they are not connected, 90 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer in view of Blalock to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62)
Regarding claim 35, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 25. Blalock also discloses wherein the valve of each B-type connector is configured to automatically: transition from a closed state preventing TTM fluid flow through the B-type connector to an open state allowing flow of the TTM through the B-type connector in conjunction with a connection process of the B-type connector with the A-type connector, and transition from the open state to the closed state in conjunction with a disconnection process of the B-type connector from the A-type connector (Figure 2, 76; Column 4, lines 47-62; wherein throat actuator 76 acts as a valve which when B-type connector which is the female connector is connected to the A-type connector allows for fluid to flow through, when they are not connected, 74 stays occluded and automatically prevents TTM fluid flow). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the connectors disclosed by Galer and Blalock in further view of Lewis to include a valve as taught by Blalock. The motivation being preventing fluid from being transported between the intake and output conduits when not connected (Blalock, Column 4, lines 55-62).
Claims 11-13, 15, 19-21 & 23 are rejected under 35 U.S.C 103 as being unpatentable over Galer, Blalock and Lewis in further view of Koewler et al. (US 5476489) herein referred to as Koewler.
Regarding Claim 11, Galer and Blalock in further view of Lewis discloses the system according to claim 10. However, Galer and Blalock in further view of Lewis does not explicitly disclose wherein the at least one conduit retention device comprises a loop.
Koewler discloses a cold therapy system (Figure 1, 1) wherein the at least one conduit retention device comprises a loop (Figure 4, 49). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conduit retention device of Galer and Blalock in further view of Lewis with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit and/or a fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 12, Galer, Black and Lewis in further view of Koewler discloses the system according to claim 11. Koewler also explicitly disclose wherein the loop is threaded onto the fluid delivery conduit or the fluid return conduit (Figure 4, 45 & 46 & 49; wherein elements 45 & 46 are the fluid delivery conduit and fluid return conduit and strap 49 is a loop.) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conduit retention device of Galer, Blaclock and Lewis in view of Koewler with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit or fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 13, Galer, Blaclock and Lewis in further view of Koewler discloses the system according to claim 11. Koewler also explicitly disclose wherein the loop is threaded onto the fluid delivery conduit or the fluid return conduit (Figure 4, 45 & 46 & 49; wherein elements 45 & 46 are the fluid delivery conduit and fluid return conduit and strap 49 is a loop.) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conduit retention device of Galer, Blalock and Lewis in view of Koewler with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit and fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 15, Galer and Blalock in further view of Lewis discloses the system according to claim 14. However, Galer and Blalock in further view of Lewis does not explicitly wherein the storage configuration comprises one or both of the fluid delivery conduit and the fluid return conduit disposed in a coiled configuration and placement of the coiled configuration between the stretchable band and the top side.
Koewler discloses a cold therapy system (Figure 1,1) wherein the storage configuration comprises one or both of the fluid delivery conduit and the fluid return conduit disposed in a coiled configuration and placement of the coiled configuration between a stretchable band (Column 6, lines 5-16; Figure 1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the storage configuration of Galer and Blalock in further view of Lewis to have the storage configuration taught in Koewler. The motivation being to maintain positioning for storage configuration (Koewler, Column 7, lines 44-47).
Regarding claim 19, Galer and Blalock in further view of Lewis discloses the system according to claim 18. However, Galer and Blalock in further view of Lewis does not explicitly disclose wherein the at least one conduit retention device comprises a loop.
Koewler discloses a cold therapy system (Figure 1, 1) wherein the at least one conduit retention device comprises a loop (Figure 4, 49). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conduit retention device of Galer with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit and/or a fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 20, Galer, Blaclock and Lewis in further view of Koewler discloses the system according to claim 19. Koewler also explicitly disclose wherein the loop is threaded onto the fluid delivery conduit or the fluid return conduit (Figure 4, 45 & 46 & 49; wherein elements 45& 46 are the fluid delivery conduit and fluid return conduit and strap 49 is a loop.) Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to modified the conduit retention device of Galer, Blalock and Lewis in view of Koewler with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit or fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 21, Galer, Blalock and Lewis in further view of Koewler discloses the system according to claim 19. Koewler also explicitly disclose wherein the loop is threaded onto the fluid delivery conduit or the fluid return conduit (Figure 4, 45 & 46 & 49; wherein elements 45 & 46 are the fluid delivery conduit and fluid return conduit and strap 49 is a loop). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the conduit retention device of Galer, Blalock and Lewis in view of Koewler with the conduit retention device configuration see in Koewler. The motivating being to maintain positioning of a fluid delivery conduit and fluid return conduit (Koewler, Column 7, lines 44-47).
Regarding claim 23, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 22. However, Galer and Blalock in further view of Lewis does not explicitly wherein the storage configuration comprises one or both of the fluid delivery conduit and the fluid return conduit disposed in a coiled configuration and placement of the coiled configuration between the stretchable band and the top side.
Koewler discloses a cold therapy system (Figure 1, 1) wherein the storage configuration comprises one or both of the fluid delivery conduit and the fluid return conduit disposed in a coiled configuration and placement of the coiled configuration between a stretchable band (Column 6, lines 5-16; Figure 1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the storage configuration of Galer and Blalock in further view of Lewis to have the storage configuration taught in Koewler. The motivation being to maintain positioning for storage configuration (Koewler, Column 7, lines 44-47).
Claims 36-37 are rejected under 35 U.S.C 103 as being unpatentable over Galer, Blalock and Lewis in view of Vrzalik et al. (US 20150040909) herein referred to as Vrzalik.
Regarding Claim 36, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 16. However, Galer and Blalock in further view of Lewis does not explicitly disclose wherein: the fluid delivery conduit is rotatably coupled to the fluid inlet, and the fluid return conduit is rotatably coupled to the fluid outlet.
Willard discloses a medical pad (Figure 1) wherein: fluid conduit is rotatably coupled to the fluid inlet (Column 5, lines 63-67), and the fluid return conduit is rotatably coupled to the fluid outlet (Column 5, lines 63-67). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the fluid delivery & fluid return conduits connections as taught by Galer and Blalock in further view of Lewis to be rotatably connected to an inlet or outlet as taught by Vrzalik. The motivation being a simple substitution of one known coupling technique, for another, to obtain predictable results of coupling a fluid conduit to an inlet/out (MPEP 2143 (B)).
Regarding claim 37, Galer, Blalock and Lewis in further view of Willard discloses the medical pad according to claim 36. Willard also discloses wherein: the fluid delivery conduit includes a first elbow at the distal end of the fluid delivery conduit (Figure 1, 28a), the first elbow rotatably coupled to the fluid inlet (Column 5, lines 63-67), and the fluid return conduit includes a second elbow at the distal end of the fluid return conduit (Figure 1, 29a), the second elbow rotatably coupled to the fluid outlet (Column 5, lines 63-67). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the fluid delivery & fluid return conduits connections as taught by Galer and Blalock in further view of Lewis to be rotatably connected to an inlet or outlet as taught by Vrzalik. The motivation being a simple substitution of one known coupling technique, for another, to obtain predictable results of coupling a fluid conduit to an inlet/out (MPEP 2143 (B)).
Claim 38 is rejected under 35 U.S.C 103 as being unpatentable over Galer, Blalock and Lewis in view of Lowe et al. (US 20110098793) herein referred to as Lowe.
Regarding Claim 38, Galer and Blalock in further view of Lewis discloses the medical pad according to claim 1. However, Galer and Blalock in further view of Lewis does not explicitly disclose wherein: the filter comprises: a filter housing having a housing wall extending between a housing inlet and a housing outlet; a fluid flow path extending between the housing inlet and the housing outlet; a porous wall extending circumferentially around and longitudinally along the fluid flow path; and an outer chamber disposed between the porous wall and the housing wall, and a portion of the TTM fluid flows through the porous wall into and out of the outer chamber.
Lowe discloses TTM system (Figure 1) wherein: a filter (Figure 41A-D) comprises: a filter housing having a housing wall extending between a housing inlet and a housing outlet (Figure 41B, 940); a fluid flow path extending between the housing inlet and the housing outlet (See annotated Figure 22A below); a porous wall extending circumferentially around and longitudinally along the fluid flow path (Figure 41B, 920); and an outer chamber disposed between the porous wall and the housing wall (Figure 41B, 928), and a portion of the TTM fluid flows through the porous wall into and out of the outer chamber (See annotated Figure 22A below). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have substituted the filter taught by Lewis for the filter taught by Lowe. The motivation being this structure allows for prevention of rotation or any unnecessary movement of the filter (Lowe, Paragraph [0183]).
PNG
media_image1.png
185
393
media_image1.png
Greyscale
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at 303-297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights