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 11/28/2025 has been entered. Claims 14-17 & 20-21 remain pending in the application. Claims 32 & 33 have been entered.
Response to Arguments
Applicant's arguments with respect to claims 14-17 & 20-21 have been considered but are not seen as persuasive, see reasoning below.
Regarding claim 14, applicant argues that Schaefer does not disclose wherein the locking mechanism is configured to transition between an unlocked state and a locked state. Examiner disagrees. In paragraph [0117] of Schaefer, it is stated “Quick-release buttons 902, 904 on opposite ends of the extension cord respectively release prongs within the device-side fitting and the pad-side fitting, which snap into place over corresponding notches on the device interface fitting 210, 212 (FIG. 10)” such that when the prongs are within the device corresponding notches, the delivery and return conduit is locked into device such that, the release button has to be used to be able to shift the locking mechanism, which in this case is a snap fit coupling, into an unlocked state. When the release button is held down, the conduits may either be decoupled and removed from the device or can be recoupled to the device and are only locked in once the button is no longer being held down. Applicant argues that this statement taught by Schaefer is vague and unclear, wherein Examiner disagrees such Schaefer states by pressing the quick release button it releases the prongs from the notches in paragraph [0117], as well as the use of a snap fit coupling is very common in the art therefore it would be obvious to one of the ordinary skill that the button releases the prongs from the notch of the device allowing for the device to be removed and “unlocked”.
Regarding claims 15-17 & 20-21, Examiner sees claim 14 dependents as being unpatentable over Schaefer in view of Lennox as taught by the non-final action and the reasonings above.
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 14 & 16-17 is rejected under 35 U.S.C 103 as being unpatentable over Schaefer et al. (US 20160022477) in view of Lennox et al. (US 20040158303) herein referred to as Lennox.
Regarding Claim 14, Schaefer discloses a medical pad for exchanging thermal energy between a targeted temperature management (TTM) fluid and a patient (Paragraph [0031]; wherein thermal contrast therapy include circulating fluid from a thermal contrast therapy device through a treatment pad, the treatment pad having been applied to a patient), the pad comprising: a pad portion configured for placement on the patient (Figure 8b, 810 & 812), the pad portion defining: a patient facing side (Figure 8, 810); and a top side disposed opposite the patient facing side (Figure 8b, 812); a fluid delivery conduit extending away from the pad portion (Figure 8a, 804), the fluid delivery conduit including a delivery conduit connector at a proximal end thereof (Figure 9a); and a fluid return conduit extending away from the pad portion (Figure 8a, 806), the fluid return conduit including a return conduit connector at a proximal end thereof (Figure 9a); and wherein: the delivery conduit connector and the return conduit connector are configured to couple with a hub of a fluid delivery line of a TTM module to establish fluid communication of the fluid delivery conduit and the fluid return conduit with the fluid delivery line (Figure 9a; wherein connector 904 contains both the delivery conduit connector and the fluid conduit connector which are connected to fluid delivery line 168 and fluid return line 170 which connect to 174 the TTM fluid connector), at least one of the delivery conduit connector or the return conduit connector are configured to be locked to the hub in accordance with a hub locking mechanism of the hub (Paragraph [0117]; wherein quick-release buttons on opposite ends of the extension cord respectively release prongs within the device-side fitting and the pad-side fitting, which snap into place over corresponding notches on the device interface fitting, such that when the prongs are within the device corresponding notches, the delivery and return conduit is locked into device such that, the release button has to be used to be able to shift the locking mechanism, which in this case is a snap fit coupling), the hub locking mechanism is configured to transition between: an unlocked state (Paragraph [0117]; wherein the unlocked state is when quick release button are held down such that the prongs are disengaged from the notches and the conduits may either be decoupled and removed from the device or can be recoupled to the device), wherein the at least one of the delivery conduit connector or the return conduit connector is allowed to couple to and decouple from the hub (Paragraph [0117]; wherein the connector contains both the delivery and return conduits and when quick release button are held down such that the prongs are disengaged from the notches and the conduits may either be decoupled and removed from the device or can be recoupled to the device), and a locked state (Paragraph [0117]; wherein when the prongs are within the device corresponding notches, the delivery and return conduit is locked into device such that, the release button has to be used to be able to shift the locking mechanism,), wherein the at least one of the delivery conduit connector or the return conduit connector is prevented from coupling to and decoupling from the hub (Paragraph [0117]; wherein when the prongs are within the device corresponding notches, the delivery and return conduit is locked into device such that, the release button has to be used to be able to shift the locking mechanism to be unlocked therefore allows for prevention of the coupling and decoupling); and an RFID tag configured to provide pad identification data to an RFID sensor (Figure 8a, 180; Paragraph [0108]; wherein the RFID tag communicates with a component capable of enabling a tag reader or processor to identify at least one characteristic of a treatment pad, such as a sensor). However, Schaefer does not explicitly disclose fluid delivery conduit and the fluid return conduit are coupled to the pad portion via a joint on the top side, and the joint provides for a rotatable connection between the respective fluid delivery and fluid return conduit and the pad portion
Lennox discloses a thermal therapy device (Figure 18) wherein fluid delivery conduit and the fluid return conduit are coupled to the pad portion via a joint on the top side (Figure 18, 152), and the joint provides for a rotatable connection between the respective fluid delivery and fluid return conduit and the pad portion (Figure 18, 154). 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 medical pad taught by Schaefer to include the joint as taught by Lennox. The motivation being allowing for positioning of the pad at various locations or orientations relative while minimizing strain on, or bending and kinking of, the tubes (Lennox, Paragraph [0139]).
Regarding claim 16, Schaefer in view of Lennox discloses the pad according to claim 14, Schaefer also discloses the medical pad further comprising: a fluid containing layer configured to contain circulating TTM fluid therein (Figure 8A, 802); and an insulation layer coupled with the fluid containing layer (Figure 8B, 808), wherein the RFID tag is disposed between the insulation layer and the fluid containing layer (Figure 8A, 180; Figure 8B; wherein RFID tag sits on top of 802 and is in-between 802 and 808).
Regarding claim 17, Schaefer in view of Lennox discloses the pad according to claim 14, Schaefer also discloses wherein the delivery conduit connector and the return conduit connector are attached together (figure 9a, 904).
Claim 15 is rejected under 35 U.S.C 103 as being unpatentable over Schaefer and Lennox in further view of Stefan et al. (US 20170135855) herein referred to as Stefan.
Regarding Claim 15, Schaefer in view of Lennox discloses the pad according to claim 14. However, Schaefer in view of Lennox does not explicitly disclose wherein the RDIF tag is attached to the pad portion.
Stefan discloses a heating pad (Figure 1, 110) wherein the RFID tag is attached to the pad portion (Paragraph [0051]; wherein RFID tag us disposed on the outer surface of the pad). 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 modify the medical pad taught by Schaefer in view of Lennox to include the RFID tag on the pad portion as taught by Stefan. The motivation being it would be obvious to try and place the RFID tag in different locations on the pad to see which location produces the best solution as moving an RFID tag would have the same use of having information stored and moving would result in creating just different use patterns. (MPEP § 2143 (E))
Claims 20 & 21 are rejected under 35 U.S.C 103 as being unpatentable over Schaefer and Lennox in further view of Steele et al. (US 11285039) herein referred to as Steele.
Regarding Claim 20, Schaefer in view of Lennox discloses the pad according to claim 14. However, Schaefer in view of Lennox does not explicitly disclose wherein the pad further comprising a filter in fluid communication with the fluid delivery conduit such that TTM fluid passing through the fluid delivery conduit passes through the filter
Steele discloses a thermal management system (Figure 1) comprising a filter in fluid communication with the fluid delivery conduit such that TTM fluid passing through the fluid delivery conduit passes through the filter (Figure 1, 30). 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 modify the medical pad taught by Schaefer in view of Lennox to include Steele’s teachings of a filter. The motivation being to remove organic compounds (Steele, Abstract).
Regarding claim 21, Schaefer and Lennox in further view of Steele discloses the pad according to claim 20. Steele also discloses wherein the filter comprises a porous wall oriented parallel to a continuous flow path through the filter (Figure 3, 44; wherein Figure 3 is the porous wall of the filter). 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 modify the medical pad taught by Schaefer in view of Lennox to include Steele’s teachings of filter with a porous wall. The motivation being to remove organic compounds (Steele, Abstract).
Claims 32-33 are rejected under 35 U.S.C 103 as being unpatentable over Schaefer and Lennox in view of Blalock et al. (US 6551348) herein referred to as Blalock.
Regarding Claim 32, Schaefer in view of Lennox discloses the pad according to claim 14. However, Schaefer in view of Lennox does not explicitly disclose wherein the locking mechanism, once transitioned to the unlocked state, is configured to self-retain the locking mechanism in the unlocked state.
Blalock discloses a pad (Figure 1, 18) wherein the locking mechanism, once transitioned to the unlocked state, is configured to self-retain the locking mechanism in the unlocked state (Column 5, lines 42-54; such that once the locking member is disengaged and away from the recess, the locking mechanism is fully transitioned into an unlocked state and then can be disengaged and removed.). 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 locking mechanism taught by Schaefer in view of Lennox to allow for a self-retained locking mechanism in the unlocked state. The motivation being a simple substation of one known type of locking mechanism, the one taught by Schaefer, for another, the one taught by Blalock to obtain predictable results of locking conduits to a fluid delivery hub.
Regarding Claim 33, Schaefer in view of Lennox discloses the pad according to claim 14 wherein the hub includes a fluid delivery valve (Schaefer, Figure 1, 126 & 130) and a fluid return valve (Schaefer, Figure 1, 140 & 142). However, Schaefer in view of Lennox does not explicitly disclose wherein each valve including a deflectable valve member that when deflected transitions the respective valve from a closed state to an open state, and coupling the delivery conduit connector or the return conduit connector to the hub deflects the corresponding valve member to allow a TTM fluid to flow through the delivery conduit connector or the return conduit connector, respectively.
Blalock discloses a pad (Figure 1, 18) wherein each valve including a deflectable valve member that when deflected transitions the respective valve from a closed state to an open state (Figure 2, 86; Column 4, lines 47-62; wherein throat actuator orifices 90, which is seen as the deflectable valve member, allow for transition of the valve when male connector is connected to the female connector through throat actuator 86, such that it allows for fluid to flow through, when they are not connected, 90 stays occluded and automatically prevents TTM fluid flow), and coupling the delivery conduit connector or the return conduit connector to the hub deflects the corresponding valve member to allow a TTM fluid to flow through the delivery conduit connector or the return conduit connector, respectively (Figure 2, 86; Column 4, lines 47-62; wherein throat actuator orifices 90, which is seen as the deflectable valve member, allow for transition of the valve when male connector is connected to the female connector through throat actuator 86, such that it 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 valves taught by Schaefer in view of Lennox to allow for a self-retained locking mechanism in the unlocked state. The motivation being a simple substation of one known type of valve, the one taught by Schaefer, for another, the valve taught by Blalock to obtain predictable results of selectively allowing fluid flow.
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.
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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.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794