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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
The indicated allowability of claims 5-8, 13 and 20-23 is withdrawn in view of the Augustine reference as applied below.
Claim Rejections - 35 USC § 102
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(s) 1-4, 6-11, 14-19, 21-27, 30 and 31 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 5,545,194 to Augustine et al. (Augustine).
Regarding claim 1, Augustine teaches a medical pad (see for example blankets 10, 100 and 200-400) for exchanging thermal energy between a targeted temperature management fluid and a patient, the pad comprising a fluid containing layer (Col. 4, lines 6-19 and Figs. 3 and 4) for containing the TTM fluid, the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer (Col. 4, lines 20-22), and a patient contact surface (50) defining a patient contact area to facilitate thermal energy exchange with the patient (Col. 4, lines 20-22), wherein the pad is segmented by means of perforation or holes (where sections 210 and 212 are not connected along the sides as seen in Fig. 8 as hole is defined by the Merriam-Webster dictionary “as an opening through something, an area where something is missing”) disposed through a thickness of the pad into a main pad section and one or more foldable sections (Figs. 8-14 and Col. 2, lines 38-40), wherein the one or more foldable sections are each configured to be folded at a crease (It is noted that crease is defined by the Merriam-Webster Dictionary as “a line, mark or ridge made by or as if by folding a pliable substance” and the gathered section where it meets the main section in Augustine reads on this definition of crease.) by a user, thereby reducing the patient contact area (Figs. 8, 10, 11 and 13).
Regarding claim 2, Augustine teaches the pad of claim 1 as well as wherein the circulation of TTM fluid within the fluid containing layer is constricted by a fold (Col. 2, lines 38-40) of the one or more foldable sections while the one or more foldable sections are folded (abstract).
Regarding claim 3, Augustine teaches the pad of claim 2 as well as wherein the TTM fluid does not circulate in the one or more foldable sections while folded (abstract).
Regarding claim 4, Augustine teaches the pad of claim 2 as well as wherein the fold comprises a kink that constricts circulation (Col. 2, lines 38-40 as kinks are necessarily created when the folded segments are folded).
Regarding claim 6, Augustine teaches the pad of claim 1 as well as wherein the pad is configured to be folded along the perforation or holes (see for example Fig. 8).
Regarding claim 7, Augustine teaches the pad of claim 1 as well as wherein the thickness of the pad narrows in a vicinity of the perforation or holes (see for example Fig. 9).
Regarding claim 8, Augustine teaches the pad of claim 1 as well as wherein the fluid containing layer narrows within the pad in the vicinity of the perforations or holes (see for example Fig. 9 as the inflatable areas terminate before the hole as broadly as claimed).
Regarding claim 9, Augustine teaches the pad of claim 1 as well as hook and loop fasteners, the hook and loop fasteners configured to secure the one or more foldable sections to the main pad section while the one or more foldable sections are folded (Col. 2, line 65-Col. 3, line 3).
Regarding claim 10, Augustine teaches the pad of claim 1 as well as wherein the one or more foldable sections are separately foldable (Figs. 8-14).
Regarding claim 11, Augustine teaches the pad of claim 1 as well as wherein the patient contact surface conforms to a body of the patient (see figures).
Regarding claim 14, Augustine teaches the pad of claim 1 as well as wherein the main pad section includes an angular divider (56) within the fluid containing layer, wherein the angular divider promotes flow of the TTM fluid into a first foldable section when the first foldable section is unfolded (Col. 4, liens 17-19).
Regarding claim 15, Augustine teaches the pad of claim 1 as well as wherein the main pad section has a shape of one of a circle, an oval, a rectangle, or an “L” shape (see figures).
Regarding claim 16, Augustine teaches a method of providing a targeted temperature management therapy to a patient (abstract), comprising providing a TTM system (see for example Fig. 1) comprising a TTM module (20) configured to provide a TTM fluid (Col. 3, lines 57-59), a thermal pad (blankets 10, 100 and 200-400) configured to receive the TTM fluid from the TTM module to facilitate thermal energy transfer between the TTM fluid and the patient, and a fluid delivery line (19) extending between the TTM module and the thermal pad (see for example Fig. 1), the FDL configured to provide TTM fluid flow between the TTM module and the thermal pad (Col. 3, lines 56-59), wherein the thermal pad comprises a patient contact surface (50) defining a patient contact area to facilitate thermal energy exchange with the patient (Col. 4, lines 20-22), wherein the pad is segmented by means of perforation or holes (where sections 210 and 212 are not connected along the sides as seen in Fig. 8 as hole is defined by the Merriam-Webster dictionary “as an opening through something, an area where something is missing”) disposed through a thickness of the pad into a main pad section and one or more foldable sections (Figs. 8-14 and Col. 2, lines 38-40), applying the thermal pad to the patient (see figures), folding (Col. 2, lines 38-40) the one or more foldable section at a crease (It is noted that crease is defined by the Merriam-Webster Dictionary as “a line, mark or ridge made by or as if by folding a pliable substance” and the gathered section where it meets the main section in Augustine reads on this definition of crease.), thereby reducing the patient contact area of the thermal pad, and delivering the TTM fluid from the TTM module to the thermal pad via the FDL (Col. 3, lines 56-59).
Regarding claim 17, Augustine teaches the method of claim 16 as well as wherein the thermal pa further comprises a fluid containing layer (Col. 4, lines 6-19 and Figs. 3 and 4) for containing the TTM fluid, the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer (Col. 4, lines 20-22), and the circulation of the TTM fluid within the fluid circulation layer is constricted by a fold of the one or more foldable sections (Col. 2, lines 38-40).
Regarding claim 18, Augustine teaches the method of claim 17 as well as wherein the TTM fluid does not circulate in the one or more foldable sections while folded (abstract).
Regarding claim 19, Augustine teaches the method of claim 17 as well as wherein the fold comprises a kink that constricts circulation (Col. 2, lines 38-40 as kinks are necessarily created when the folded segments are folded).
Regarding claim 21, Augustine teaches the method of claim 16 as well as wherein folding the one or more foldable sections comprises folding along the perforation or holes (see for example Fig. 8).
Regarding claim 22, Augustine teaches the method of claim 16 as well as wherein the thickness of the pad narrows in a vicinity of the perforation or holes (see for example Fig. 9).
Regarding claim 23, Augustine teaches the method of claim 22 as well as the thermal pad further comprises a fluid containing layer (Col. 4, lines 6-19 and Figs. 3 and 4) for containing the TTM fluid, the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer (Col. 4, lines 20-22), and the fluid containing layer narrows within the pad in the vicinity of the perforation or holes (see for example Fig. 9 as the inflatable areas terminate before the hole as broadly as claimed).
Regarding claim 24, Augustine the method of claim 16 as well as wherein the thermal pad further comprises hook and loop fasteners, the hook and loop fasteners configured to secure the one or more foldable sections to the main pad section while the one or more foldable sections are folded (Col. 2, line 65-Col. 3, line 3).
Regarding claim 25, Augustine teaches the method of claim 16 as well as wherein folding the one or more foldable sections comprises separately folding a subset of the one or more foldable sections (Figs. 8-14).
Regarding claim 26, Augustine teaches the method of claim 16 as well as wherein the patient contact surface conforms to skin of the patient (see figures).
Regarding claim 27, Augustine teaches the method of claim 16 as well as unfolding one or more foldable sections (Col. 2, lines 46-49).
Regarding claim 30, Augustine teaches the method of claim 16 as well as wherein the main pad section includes an angular divider (56) within the fluid containing layer, wherein the angular divider promotes flow of the TTM fluid into a first foldable section when the first foldable section is unfolded (Col. 4, liens 17-19).
Regarding claim 31, Augustine teaches the method of claim 16 as well as wherein the main pad section has a shape of one of a circle, an oval, a rectangle, or an “L” shape (see figures).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 12, 28 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Augustine.
Regarding claim 12, Augustine teaches the pad of claim 1 as well as that the closure and release element can be provided by a variety of structures which will occur to those skilled in the art (Col. 2, lines 50-51 and Col. 3, lines 3-4), but not a sliding clip, wherein the sliding clip is configured for placement at the crease to restrict flow of TTM fluid into a first foldable section. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the closure and release element of Augustine to be a sliding clip, as an obvious matter of engineering design choice, since it appears that the invention would perform equally as well with various closure and release elements as taught by Augustine.
Regarding claim 28, Augustine teaches the method of claim 16 as well as that the closure and release element can be provided by a variety of structures which will occur to those skilled in the art (Col. 2, lines 50-51 and Col. 3, lines 3-4), but not a sliding clip placed at the crease to restrict flow of TTM fluid into a first foldable section. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the closure and release element of Augustine to be a sliding clip, as an obvious matter of engineering design choice, since it appears that the invention would perform equally as well with various closure and release elements as taught by Augustine.
Allowable Subject Matter
Claim 29 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kappel (CA 2 193 385 C) teaches a medical pad (body warming blanket 10) for exchanging thermal energy between a targeted temperature management fluid and a patient (abstract), the pad comprising a fluid containing layer (pg. 4, lines 19-26), the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer (pg. 4, lines 19-26), and a patient contact surface (lower surface of the body warming blanket 10) defining a patient contact area to facilitate thermal energy exchange with the patient (pg. 4, lines 23-26), wherein the pad is segmented by means of perforation (perforated slit 23) or holes into a main pad section and one or more foldable sections, wherein the one or more foldable sections are each configured to be folded at a crease by a user, thereby reducing the patient contact area (see for example Fig. 2).
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794