DETAILED ACTION
Claims 17 and 25 are canceled. A complete action on the merits of pending claims 1-16, 18-24 and 26-27 appears below.
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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-13 and 26-27 are rejected under 35 U.S.C. 103 as being unpatentable over Schirm US 20200345971 in view of Aramayo US 20100217260.
Regarding claim 1, Schirm teaches at least one thermoelectric device (TED) having a top side and a bottom side (Fig. 2A), the TED configured to establish a temperature difference between the top side and the bottom side in accordance with electrical energy supplied to the TED (pars. [0132] and [0141] different sensors); a thermal conduction layer extending laterally away from the TED, the TED disposed on a top surface of the thermal conduction layer (par. [0043] and Fig. 17 comfort layer with thermal transfer window); and a skin contact layer coupled to the thermal conduction layer (Fig. 4 and 5), wherein the pad is configured to exchange thermal energy with the patient according to a temperature difference between the bottom-side temperature and a temperature of the patient (par. [0132] non-skin temperature sensor), and the thermal conduction layer is configured to facilitate lateral conduction of the thermal energy with respect to the TED (par. [0043] it’s a thermal transfer area).
Schirm does not explicitly teach a thermal conduction gel layer disposed on the top surface and laterally beyond the thermal conduction layer.
Aramayo, in an analogous device, teaches encapsulating the conductive layers in a gel material (par. [0140]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the device of Schirm with covering the conductive layer in gel, as in Aramayo. The gel prevents pressure sores on the person using the device (Aramayo par. [0140]).
Regarding claim 2, Schirm teaches wherein the pad is configured to extract thermal energy away from the patient (par [0011] heating or cooling a patient).
Regarding claim 3, Schirm teaches further comprising a thermal conduction gel disposed across at least a portion of one of a top side or a bottom side of the thermal conduction layer (par. [0043]).
Regarding claim 4, Schirm teaches further comprising a convection device coupled to the top side of the TED, wherein the convection device is configured to facilitate thermal energy exchange between the TED and environmental air adjacent the top side of the TED (par. [0125] metallic surface).
Regarding claim 5, Schirm teaches further comprising a fan configured to provide airflow across the convection device (Fig. 11 fan 1125).
Regarding claim 6, Schirm teaches further comprising a pad controller configured to regulate a pad temperature, the pad temperature defined at least partially by the bottom-side temperature of the TED (par. [0012]).
Regarding claim 7, Schirm teaches wherein the controller is electrically coupled to the TED, the controller configured to regulate the electrical energy supplied to the TED (par. [0023]).
Regarding claim 8, Schirm teaches a temperature sensor operatively coupled to the bottom side of the TED, wherein the temperature sensor is coupled to the controller, and wherein the controller is configured to regulate the pad temperature as measured by the temperature sensor (par. [0141] temperature of the regulators and/or the skin is used to change power output).
Regarding claim 9, Schirm teaches further comprising a plurality of TEDs coupled to the conduction layer, wherein the controller is configured to regulate the electrical energy supplied to the plurality of TEDs (par. [0141] controlling thermal regulators based on temperature).
Regarding claim 10, Schirm teaches further comprising a hinge portion extending between adjacent TEDs, the hinge portion configured to facilitate pivotable displacement of each TED with respect to an adjacent TED (Fig. 1 and par. [0013] conformable area between the regulators).
Regarding claim 11, Schirm teaches further comprising two or more temperature zones, each zone comprising one or more TEDs (Fig. 1A areas with regulators 101), wherein the controller is configured to independently regulate the pad temperature of each temperature zone (par. [0011]).
Regarding claim 12, Schirm teaches further comprising a plurality of controllers, wherein each controller is configured to regulate the electrical energy supplied to a single TED or a subset of the plurality of TEDs (par. [0012] control one or more regulator, the plurality of controllers is any line or communication device for each regulator).
Regarding claim 13, Schirm teaches further comprising a top side temperature sensor operatively coupled to the top side of the TED (par. [0132] non-skin temperature sensor), wherein: the top side temperature sensor is coupled to the controller, the fan is coupled to the controller, and the controller is configured to adjust electrical power supplied to the fan in order to regulate a top side temperature of the TED as measured by the top side temperature sensor (par. [0028]).
Regarding claim 26, Schirm teaches wherein the thermal conduction gel is disposed across at least a portion of the top side of the thermal conduction layer (par. [0043] disposed across is interpreted as on in some way, the claim does not require it to be on top or bottom of it or how much coverage).
Regarding claim 27, Schirm teaches wherein the controller is configured to adjust the electrical power supplied to the fan in order to move the top side temperature of the TED toward a target top side temperature stored in memory of the controller (pars. [0132] and [0141] different sensors at different areas to control temperature).
Claims 15, 16, and 18-24 are rejected under 35 U.S.C. 103 as being unpatentable over Schirm in view of Briscoe US 20040064171 and Aramayo.
Regarding claims 15 and 21, Schirm teaches a thermal pad comprising (Fig. 1A): a thermoelectric device (TED) having a top side and a bottom side (Fig. 2A), the TED configured to establish a temperature difference between the top side and the bottom side in accordance with electrical energy supplied to the TED (pars. [0132] and [0141] different sensors); the thermal conduction layer including one or more layers of copper, aluminum, or brass (par. [0043]), wherein during operation of the system, thermal energy caused by the TED flows laterally through the thermal conduction layer toward or away from the TED (this is the second law of thermodynamics where thermal energy flows from hot to cold); and a pad controller coupled to the TED (par. [0012] control one or more regulator), the pad controller configured to regulate a pad temperature of the thermal pad according to a target pad temperature stored in memory on the pad controller (par. [0022] set temperature), the pad temperature defined at least partially by a bottom-side temperature of the TED; and a system controller coupled to the thermal pad, wherein the system controller is configured to define the target pad temperature of the thermal pad (par. [0141] temperature of the regulators and/or the skin is used to change power output), wherein: the system includes a patient temperature sensor coupled to the system controller, the patient temperature sensor configured to measure a core temperature of the patient (par. [0120] core temperature sensor).
Schirm does not explicitly teach the system controller is configured to define the target pad temperature to move the core temperature toward and obtain a target core temperature of the patient and a thermal conduction layer attached to the bottom side extending laterally away from the TED.
However, Schirm teaches using sensor feedback to reach the desired temperature (par. [0066]).
Briscoe, in an analogous device, teaches having a desired core temperature value established (par. [0117]). The device uses a feedback look when monitoring the core temperature to get the actual core temperature to the desired core temperature (par. [0119]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the device of Schirm to monitor the core temperature, as in Briscoe. It is seen as a known parameter in the art to determine cooling and heating like heart rate and oxygen levels (Briscoe par. [0117]).
Aramayo, in an analogous device, teaches encapsulating the conductive layers in a gel material (par. [0140]).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify the device of Schirm and Briscoe with covering the conductive layer in gel, as in Aramayo. The gel prevents pressure sores on the person using the device (Aramayo par. [0140]). Further, if the applicant does not agree with the second law of thermodynamics part of the copper of Schirm, it is taught by Aramayo in par. [0145]. The copper thermal layer spreads the heat.
Regarding claim 16, Schirm teaches wherein the system controller is coupled to the thermal pad via a wireless connection (par. [0035]).
Regarding claim 18, Schirm teaches wherein the target core temperature of the patient is stored in memory on the system controller (par. [0012] heating or cooling based on a set temperature).
Regarding claim 19, Schirm teaches further comprising a plurality of thermal pads, wherein the system controller is configured to define the target pad temperature for each of the plurality of thermal pads (par. [0134] controlling each thermoelectric regulator and each regulator has its own sensor).
Regarding claim 20, Schirm teaches wherein the target pad temperature for one of the plurality of thermal pads is different from the target pad temperature for another of the plurality of thermal pads (par. [0134] controlling each thermoelectric regulator and each regulator has its own sensor, the temperatures can be different since they are positions on the body with an attached sensors).
Regarding claim 22, Schirm teaches further comprising controlling a thermal pad temperature at a target pad temperature stored in memory on the controller (par. [0022] set temperature).
Regarding claim 23, Schirm teaches wherein the target pad temperature is lower than a temperature of the patient (par. [0089] thermoelectric first temperature).
Regarding claim 24, Schirm teaches wherein the pad comprises a first temperature zone and a second temperature zone (Fig. 1A regulator areas), and wherein controlling a thermal pad temperature comprises: controlling a first thermal pad temperature of the first temperature zone; and controlling a second thermal pad temperature of the second temperature zone, wherein the second thermal pad temperature is different from the first thermal pad temperature (par. [0134] controlling each thermoelectric regulator and each regulator has its own sensor).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Schirm and Aramayo as applied to claim 1, and further in view of Davis US 20150025606.
Regarding claim 14, Schirm teaches further comprising a circulating liquid system configured to transfer thermal energy away from the top side of the TED, the liquid system comprising: a heat exchanger coupled to the top side; a radiator coupled to the heat exchanger via a liquid conduit loop, the loop providing a liquid delivery flow path from the heat exchanger to the radiator and (par. [0136]); and a pump in line with the liquid conduit loop (par. [0136] whatever is doing the providing from the reservoir), wherein the fan is coupled to the radiator Fig. 1).
Schirm does not explicitly each a liquid return flow path from the radiator to the heat exchanger.
Davis, in an analogous device, teaches a fluid pumped from a fluid tank to a pad and from the pad back into the tank. The fluid is heated or cooled by a radiator (par. [0008] and [0035]). The radiator is coupled to the fan (Fig. 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to modify Schirm with the closed loop system of Davis. The closed loop system allows for constant fluid flow that makes the temperature easier to maintain (par. [0018]).
Response to Arguments
Applicant's arguments filed 1/2/26 have been fully considered but they are not persuasive. The applicant argues the layout of Schirm and how it does not teach the layers and continues that those parts are taught by Schirm. The crux of the argument is on page 10 where the applicant argues if Aramayo was used to modify Schirm the TED would be encapsulated in the gel layers and would be inoperable. This is because the TED is on a top surface of the thermal conduction layer, as recited by the claim. They say that is what a person of ordinary skill in the art would conclude. The examiner disagrees with this assertion. First, "A person of ordinary skill in the art is also a person of ordinary creativity, not an automaton." KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 421, 82 USPQ2d 1385, 1397 (2007). "[I]n many cases a person of ordinary skill will be able to fit the teachings of multiple patents together like pieces of a puzzle." Id. at 420, 82 USPQ2d 1397. Office personnel may also take into account "the inferences and creative steps that a person of ordinary skill in the art would employ." Id. at 418, 82 USPQ2d at 1396, as stated in MPEP 2141.03. Thus, this person of the art would know that the TED cannot be fully covered. Second, the claim does not require that the TED is directly affixed to the thermal layer just that is sits ontop.
Next, the applicant argues regarding claims 15 and 21 that Schirm does not teach the conduction layer taking heat to or from the TED. The examiner disagrees with this assertion. Schirm taches the layer made of copper and heat transfer is the second law of thermodynamics. This states heat moves from warm to cold regions. Further, Aramoyo teaches the conductive layer can be copper and the layer spreads the heat in par. [0145]). Therefore, the arguments presented by the applicant are not persuasive.
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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/R.T.C./Examiner, Art Unit 3794
/LINDA C DVORAK/Primary Examiner, Art Unit 3794
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