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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 03/12/2026 and 06/08/2026 is being considered by the examiner.
Response to Arguments
Applicant’s arguments, see pages 8-10, filed 02/27/2026, with respect to the rejection(s) of claim(s) 1 and 15 under 35 U.S.C. § 103 have been fully considered. However, upon further consideration, a new ground(s) of rejection is made in view of Sundar further in view of Spence.
Claim Rejections - 35 USC § 103
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.
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 text of those sections of Title 35, U.S. Code not included/ in this action can be found in a prior Office action.
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.
Claims 1-13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Stempel (previously presented) herein referred to as “Stempel” in view of Sundar (US 20230414445 A1) herein referred to as “Sundar” further in view of Spence (US 20140222121 A1) herein referred to as “Spence”.
Regarding claim 1, Stempel discloses: A medical pad for exchanging thermal energy between a targeted temperature management (TTM) fluid and a patient (Fig. 1;), the pad comprising: an insulating layer; a fluid containing layer for containing the TTM fluid, the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer (column 3 lines 15-38; specifically, a thermal pad 12 being thermal conductive and element 22 is made of thermal foam which is seen as an insulating layer.); and a patient contact surface comprising a first patient contact area to facilitate thermal energy exchange with the patient (column 3 lines 3-6: specifically states a blanket (11) that has flow passages (140) for the circulation of hot or cold fluids;). wherein a single slit is arranged in at least the insulating layer of the pad ([Figure 1]; Stempel discloses a single slit that is arranged in the insulating layer) to facilitate stretching the pad, wherein the stretching expands the patient contact surface from the first patient contact area to a larger second patient contact area ([(6)]; Stempel discloses the slit as used to change the confirmation of the pad as to fit around a knee or shoulder, which is seen expanding from a first patient contact area to a larger second patient contact area) Stempel does not explicitly disclose: A plurality of slits, wherein: the plurality of slits include: a first subset having more than one slit extending inward from a first perimeter edge of the pad; and perimeter edge of the pad, and a second subset having more than one slit extending inward from a second perimeter edge of the pad, and the slits of the first subset and the second subset extending halfway or more across the pad.
However, Sundar discloses: A plurality of slits, wherein: the plurality of slits include: a first subset having more than one slit extending inward from a first perimeter edge of the pad ([Figure 5A]; Sundar discloses a first set of slits on a left side of a heating pad); and perimeter edge of the pad, and a second subset having more than one slit extending inward from a second perimeter edge of the pad,([Figure 5A]; Sundar discloses a second set of slits on a right side of the heating pad)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
However, Spence discloses: and the slits of the first subset and the second subset extending halfway or more across the pad. ([Figure 8B]; Spence discloses slits on either side of a pad extending more than halfway across the pad)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits length as disclosed by Spence. The motivation being to allow for expansion and contraction of the pad to better adapt to different sizes of individuals ([0087])
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Regarding claim 2, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 1. Stempel discloses: arranged in the fluid containing layer (Figure 2; Specifically, the opening in the center of the pad see annotated fig. 2 above; where the entire device has a slit through the device and is seen as arranged in the fluid containing layer), the fluid containing layer slits coinciding with the(Figure 2; specifically, the opening that permeates through the layers of the pad see annotated fig. 2 above) Stempel does not explicitly discloses: A plurality of fluid containing layer slits.
However, Spence discloses: A plurality of fluid containing layer slits ([Figure 8B])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Spence. The motivation being to allow for expansion and contraction of the pad to better adapt to different sizes of individuals ([0087]).
Regarding claim 3, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 1. Spence further discloses: wherein the plurality of slits facilitates conforming of the patient contact surface to a contour of a body part of the patient, wherein the patient contact surface contacts the body part. ([0087]; Spence discloses the slits allowing for the conforming to the leg of a user)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Spence. The motivation being to allow for expansion and contraction of the pad to better adapt to different sizes of individuals ([0087])
Regarding claim 4, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 1, Stempel further discloses: further comprising a flexible fabric cover, wherein the flexible fabric cover further facilitates the stretching of the pad. (Column 3, lines 15-28 and lines 36-39; specifically, the thermal pad (12) that is multilayered including a backing layer (25) and the pad being highly flexible; wherein being flexible is seen as facilitating stretching).
Regarding claim 5, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 4, Stempel further discloses: wherein the flexible fabric cover has a soft texture configured to reduce pressure on skin of the patient from an edge or surface of the pad. (Column 3 lines 14-16; specifically, the thermal pad (12) with an intermediate layer (27) that is comprised of a soft, pliant, hydrocolloid-containing adhesive skin barrier material; wherein the use of soft material is seen as reducing pressure from the skin of the patient).
Regarding claim 6, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 4, Stempel further discloses: wherein the flexible fabric cover comprises one or more of nylon, polychloroprene, elastane, latex, isoprene, polyisoprene, elastolefin, polybutadiene, nitrile rubber, butyl rubber, or a loose-woven fabric. (Column 4, line 68 and column 5 lines 1-5; Specifically, thermal pad (12) with a backing layer (25) discloses the use of a polyurethane film; wherein the use of polyurethane is seen as a lose woven material)
Regarding claim 7, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 4, Stempel further discloses: wherein the flexible fabric cover comprises: an exterior border portion surrounding a perimeter of the pad (Figure 2; specifically, the boarder (12) surrounding blanket (11)), and a slit-covering portion coinciding with the plurality of slits in the insulating layer. (Figure 1; Specifically, the slit 13a and Figure 2; Specifically, the opening in the center of the pad, see annotated figure 2 above, where the slit is the arrow points to the slit)
Regarding claim 8, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 4, Stempel further discloses: wherein the flexible fabric cover facilitates conforming of the patient contact surface to a contour of a body part of the patient, wherein the patient contact surface contacts the body part. (Column 4 lines 62-63; Specifically, Stempel discloses a backing layer (25) made of a flexible material that has a surface that configures to a patient’s knee and Figure 1; specifically, the pad shown conforming to a patient’s leg (13)
Regarding claim 9, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 4, Stempel further discloses: wherein: the flexible fabric cover coincides with the. (Column 3, lines 15-28 and lines 36-39; specifically the thermal pad (12) that is multilayered including an backing layer (25) and the pad being highly flexible) a slit in the insulating layer,(Figure 1; Specifically, the pad (12) shown with a slit (13a) which permeates through all layers) and an edge guard surrounds a perimeter of the pad, the edge guard configured to reduce pressure from an edge or surface of the pad on skin of the patient. (Figure 6; specifically, element 12 and Column 3 lines 33-35; Specifically, Stempel discloses the pad (12) being composed of a soft pliant material. Wherein the composition of a soft pliant material implies reduced pressure to a patient’s skin) Stempel does not explicitly disclose: a plurality of slits.
However, Spence discloses: a plurality of slits. ([Figure 8B])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Spence. The motivation being to allow for expansion and contraction of the pad to better adapt to different sizes of individuals ([0087])
Regarding claim 10, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 9, Stempel further discloses wherein the edge guard comprises a plurality of gaps coinciding with the plurality of slits of the insulating layer. (Figure 6 ref 12; Specifically, Stempel discloses an edge (12) with openings coinciding with openings in the insulating layer and Figure 6 ref 31; Specifically, the opening permeating through the insulating layer. Wherein the opening is seen as a slit) Stempel does not explicitly discloses: plurality of gaps coinciding with a plurality of slits.
However, Sundar discloses: Plurality of gaps coinciding with a plurality of slits ([0043]; Sundar discloses a fluid and insulating layer, [Figure 2]; slits in both the insulating and fluid layer which is seen as a plurality of gaps coinciding with a plurality of slits)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 11, Stempel in view of Bradley discloses: The medical pad of claim 9, Stempel further discloses: wherein the edge guard has plurality of edge guard slits coinciding with the slits of the insulating layer. (Figure 6 ref 12 Specifically, Stempel discloses an edge (12) with openings coinciding with openings in the insulating layer and Figure 6 ref 31 the opening permeating through the insulating layer. Wherein the opening is seen as a slit). Stempel does not explicitly disclose: a plurality of slits.
However, Sundar discloses: a plurality of slits ([Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 12, Stempel in view of Sundar further in view of Spence: The medical pad of claim 9. Stempel further discloses: wherein the edge guard includes: a pliant edge guard cover, (Figure 6 element 12; specifically, Stempel discloses an edge (12) and column 3 lines 38-43 Specifically, Stempel discloses the pad (12) being composed of a soft and pliant material) and a cushion filling contained within the pliant edge guard cover. (Column 3 lines 35-38; Specifically, Stempel discloses that the pad (12) is multilayered comprised of an interfacing layer (26) and Column 4 lines 26-48; Specifically, Stempel discloses the interfacing layer (26) may be comprised of a polyurethane foam; wherein a polyurethane foam is seen as a cushion filling)
Regarding claim 13, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 9. Stempel further discloses: wherein the edge guard comprises silicone or another pliant shock-absorbent material. (Column 4 lines 26-48; Specifically, Stempel discloses the interfacing layer (26) may be comprised of a polyurethane foam; wherein the polyurethane foam is seen as shock absorbing)
Regarding claim 16, Stempel in view of Sundar disclose: The method of claim 15. Stempel further discloses: wherein: the thermal pad further comprises a fluid containing layer for containing the TTM fluid, the fluid containing layer configured for circulating the TTM fluid within the fluid containing layer, (Column 3 lines 1-13; Specifically, Stempel discloses the blanket (11) has flow passages for the circulation of hot or cold fluid) and a plurality of fluid containing layer slits are arranged in the fluid containing layer, the fluid containing layer slits coinciding with the plurality of slits of the insulating layer. (Figure 2; Specifically, the opening in the center of the pad see annotated fig. 2 above; where the entire device has a slit through the device and is seen as arranged in the fluid containing layer). Stempel does not explicitly disclose: a plurality of slits in the fluid containing layer.
However, Spence discloses: A plurality of fluid containing layer slits ([Figure 8B])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Spence. The motivation being to allow for expansion and contraction of the pad to better adapt to different sizes of individuals ([0087])
Claims 15 and 17 -27 are rejected under 35 U.S.C. 103 as being unpatentable over Stempel in view of Sundar.
Regarding claim 15, Stempel discloses: A method of providing a targeted temperature management (TTM) therapy to a patient, comprising: providing a TTM system including: a TTM module configured to provide a TTM fluid, (Column 3 lines 1-13; Specifically, Stempel discloses of a thermal pad (12) connected to equipment (21) of any known type suitable for heating or cooling; wherein the equipment (21) is seen as a TTM module to provide TTM fluid),a thermal pad configured to receive the TTM fluid from the TTM module to facilitate thermal energy transfer between the TTM fluid and a patient, ( Column 3 lines 1-13; Specifically, Stempel discloses the blanket (11) has flow passages (14) for the circulation of hot or cold fluids) and a fluid delivery line (FDL) extending between the TTM module and the thermal pad, (Column 3 lines 3-13; Specifically, Stempel discloses flexible tubes (18) communicate with passages (14) and tubes (20) that lead to equipment (21)) the FDL configured to provide TTM fluid flow between the TTM module and the thermal pad, wherein: the thermal pad comprises an insulating layer and a patient contact surface comprising a first patient contact area to facilitate thermal energy exchange with the patient, (Column 3 lines 36-39; Specifically, Stempel discloses pad (12) is multilayered comprising a backing layer (25) and patient facing layer (26). Furthermore, the pad (12) being thermal conductive and element (22) is made of thermal foam which is seen as an insulating layer.). and a of slit arranged in at least the insulating layer of the pad; stretching the pad, wherein: the stretching is facilitated by the slit in the insulating layer and the stretching expands the patient contact surface from the first patient contact area to a larger second patient contact area; (Figure 1; Specifically, Stempel discloses the opening in pad (13a) that facilitates conformation to the patients knee; wherein the opening is seen as a slit) applying the pad to the patient; and delivering TTM fluid from the TTM module to the thermal pad. (Figure 1 ref 12 and 13; Specifically, Stempel discloses pad (12) in contact with a patient’s leg (13)). Stempel does not explicitly disclose: A plurality of slits, wherein: the plurality of slits include: a first subset having more than one slit extending inward from a first perimeter edge of the pad; and perimeter edge of the pad, and a second subset having more than one slit extending inward from a second perimeter edge and the second perimeter edge is different form the first perimeter edge.
However, Sundar discloses: A plurality of slits, wherein: the plurality of slits include: a first subset having more than one slit extending inward from a first perimeter edge of the pad ([Figure 5A]; Sundar discloses a first set of slits on a left side of a heating pad); and perimeter edge of the pad, and a second subset having more than one slit extending inward from a second perimeter edge of the pad and the second perimeter edge is different from the first perimeter edge ([Figure 5A]; Sundar discloses a second set of slits on a right side of the heating pad the second set extending form a second perimeter edge which is different from the first perimeter edge)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0037])
Regarding claim 17, Stempel in view of Sundar disclose: The method of claim 15. Stempel further discloses: further comprising causing the patient contact surface to conform to a contour of a body part of the patient, (Column 3 lines 36-39; Specifically, Stempel discloses pad (12) is multi-layered including a patient facing layer (26)) wherein: the body part is in contact with the patient contact surface, (Figure 1; Specifically, Stempel discloses the pad configured to a patient’s leg (13)). Stempel does not explicitly disclose: and conforming of the patient contact surface to the contour is facilitated by the plurality of slits.
However, Sundar discloses: and conforming of the patient contact surface to the contour is facilitated by the plurality of slits. ([0037]; Sundar discloses a plurality of slits that help conform to a user)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0037])
Regarding claim 18, Stempel in view of Sundar disclose: The method of claim 15. Stempel further discloses: wherein: the thermal pad further comprises a flexible fabric cover, (Column 3 lines 36-39; Specifically, Stempel discloses the pad is highly flexible.) and the flexible fabric cover further facilitates the stretching of the pad. (Column 3 lines 36-39; Specifically, Stempel discloses the pad is highly flexible. The pad being highly flexible implies the facilitation of stretching and Figure 1; specifically, the pad shown conforming to a patient’s leg (13))
Regarding claim 19, Stempel in view of Sundar disclose: The method of claim 18. Stempel further discloses: wherein the flexible fabric cover has a soft texture configured to reduce pressure on skin of the patient from an edge or surface of the pad. (Column 3 lines 14-16; specifically, the thermal pad (12) with an intermediate layer (27) that is comprised of a soft, pliant, hydrocolloid-containing adhesive skin barrier material; wherein the use of soft material is seen as reducing pressure from the skin of the patient)
Regarding claim 20, Stempel in view of Sundar disclose: The method of claim 18. Stempel further discloses: wherein the flexible fabric cover comprises one or more of nylon, polychloroprene, elastane, latex, isoprene, polyisoprene, elastolefin, polybutadiene, nitrile rubber, butyl rubber, or a loose-woven fabric. (Column 4, line 68 and column 5 lines 1-5; Specifically, thermal pad (12) with a backing layer (25) discloses the use of a polyurethane film; wherein the use of polyurethane is seen as a lose woven material)
Regarding claim 21, Stempel in view of Sundar disclose: The method of claim 18. Stempel further discloses: wherein the flexible fabric cover comprises an exterior border portion surrounding a perimeter of the pad, (Figure 2; specifically, the boarder (12) surrounding blanket (11)) and a slit-covering portion coinciding with the plurality of slits in the insulating layer. (Figure 1; Specifically, the slit 13a and Figure 2; Specifically, the opening in the center of the pad, see annotated figure 2 above, where the slit is the arrow points to the slit) Stempel does not explicitly disclose: a plurality of slits.
However, Sundar discloses: a plurality of slits [Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 22, Stempel in view of Sundar disclose: The method of claim 18. Stempel further discloses: further comprising causing the patient contact surface to conform to a contour of a body part of the patient, wherein: the body part is in contact with the patient contact surface, and conforming of the patient contact surface to the contour is facilitated by the flexible fabric cover. (Column 4 lines 62-63; Specifically, Stempel discloses the backing layer (25) should be flexible and Figure 1; Specifically, Stempel discloses that the pad in contact with and conforming to a patient’s leg (13))
Regarding claim 23, Stempel in view of Sundar disclose: The method of claim 18, wherein: the flexible fabric cover coincides with the plurality of slits in the insulating layer, (Column 3, lines 15-28 and lines 36-39; specifically, the thermal pad (12) that is multilayered including an backing layer (25) and the pad being highly flexible and Figure 1; Specifically, the pad (12) shown with a slit (13a) which permeates through all layers.) and an edge guard surrounds a perimeter of the pad, the edge guard configured to reduce pressure from an edge or surface of the pad on skin of the patient. (Figure 6; specifically, element 12 and Column 3 lines 33-35; Specifically, Stempel discloses the pad (12) being composed of a soft pliant material. Wherein the composition of a soft pliant material implies reduced pressure to a patient’s skin). Stempel does not explicitly disclose: a plurality of slits.
However, Sundar discloses: a plurality of slits [Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 24, Stempel in view of Sundar disclose: The method of claim 23. Stempel further discloses: wherein the edge guard comprises a gap coinciding with the slit of the insulating layer. (Figure 2). Stempel does not explicitly disclose: a plurality of gaps coinciding with the plurality of slits of the insulating layer.
However, Sundar discloses: a plurality of gaps coinciding with the plurality of slits of the insulating layer. ([0043]; Sundar discloses a fluid and insulating layer, [Figure 2]; slits in both the insulating and fluid layer which is seen as a plurality of gaps coinciding with a plurality of slits)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 25, Stempel in view of Sundar disclose: The method of claim 23. Stempel further discloses: wherein the edge guard has a plurality of edge guard slits coinciding with the plurality of slits of the insulating layer. (Figure 6 ref 12; Specifically, Stempel discloses an edge (12) with openings coinciding with openings in the insulating layer and Figure 6 ref 31; Specifically, the opening permeating through the insulating layer. Wherein the opening is seen as a slit). Stempel does not explicitly disclose: a plurality of slits
However, Sundar discloses: a plurality of slits [Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Regarding claim 26, Stempel in view of Sundar disclose: The method of claim 23. Stempel further discloses: wherein the edge guard includes a pliant edge guard cover, (Figure 6 element 12; specifically, Stempel discloses an edge (12) and column 3 lines 38-43 Specifically, Stempel discloses the pad (12) being composed of a soft and pliant material) and a cushion filling contained within the pliant edge guard cover. (Column 3 lines 35-38; Specifically, Stempel discloses that the pad (12) is multilayered comprised of an interfacing layer (26) and Column 4 lines 26-48; Specifically, Stempel discloses the interfacing layer (26) may be comprised of a polyurethane foam; wherein a polyurethane foam is seen as a cushion filling)
Regarding claim 27, Stempel in view of Sundar disclose: The method of claim 23. Stempel further discloses: wherein the edge guard comprises silicone or another pliant shock-absorbent material. (Column 4 lines 26-48; Specifically, Stempel discloses the interfacing layer (26) may be comprised of a polyurethane foam; wherein the polyurethane foam is seen as shock absorbing)
Claims 14 and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Stempel in view of Sundar further in view of Spence further in view of Carson (previously presented), herein referred to as “Carson”.
Regarding claim 14, Stempel in view of Sundar further in view of Spence disclose: The medical pad of claim 1. Stempel further discloses: wherein: the fluid containing layer includes a plurality of tortuous fluid flow paths, and the plurality of slits are arranged in portions of the insulating layer not coinciding with the fluid flow paths of the fluid containing layer. (Figure 3; Specifically, Stempel discloses the fluid passage (14) within blanket (11) and Figure 1; Specifically, Stempel discloses an opening (13a) that does not enter into fluid path in blanket (11); wherein the opening is seen as a slit) Stempel does not explicitly disclose: wherein: the fluid containing layer includes a plurality of tortuous fluid flow paths or a plurality of slits.
However, Sundar discloses: a plurality of slits [Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Further, Carson discloses: wherein: the fluid containing layer includes a plurality of tortuous fluid flow paths (Column 2 lines 38-45; Specifically, Carson discloses a fluid layer with one or more tortuous fluid paths)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method as describe in Stempel to include the tortuous fluid flow paths as disclosed in Carson. The motivation being to inhibit the formation of boundary layers along the inside surfaces of the fluid containing layer (Carson, Column 2 lines 38-45)
Regarding claim 28, Stempel in view of Sundar disclose: The method of claim 15. Stempel further discloses: wherein: the fluid containing layer includes a fluid flow path, and a slit arranged in portions of the insulating layer not coinciding with the fluid flow path of the fluid containing layer. (Figure 2) Stempel does not explicitly disclose: tortuous fluid flow paths or a plurality of slits
However, Sundar discloses: a plurality of slits [Figure 2])
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the heating pad as disclosed by Stempel with the slits and coinciding gaps as disclosed by Sundar. The motivation being to independently move sections to better conform to a patient ([0038])
Further, Carson discloses: wherein: the fluid containing layer includes a plurality of tortuous fluid flow paths (Column 2 lines 38-45; Specifically, Carson discloses a fluid layer with one or more tortuous fluid paths)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the method as describe in Stempel to include the tortuous fluid flow paths as disclosed in Carson. The motivation being to inhibit the formation of boundary layers along the inside surfaces of the fluid containing layer (Carson, Column 2 lines 38-45)
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 CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
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