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
This office action is in response to the amendment filed on 08/25/2025. Per the amendment, claims 1-5, 7, and 9-11 are as currently amended; and claims 7, 8, and 12-21 are canceled. As such, claims 1-5, 7, and 9-11 are pending in the instant application. The Examiner has considered the amendment to the specification as filed on 08/25/2025. As such, the amendment to the specification is entered in the instant application.
All drawing objections, claim objections, and rejections pursuant to 35 U.S.C. 112(b) made in the Non-Final Office Action mailed 06/03/2025 are withdrawn in light of the amendments.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 9: “the first linear-motion actuator having an axis of rotation” should read “the first linear-motion actuator having a first axis of rotation” for clarity (EXAMINER NOTE: any further limitations reciting the axis of rotation of the first linear-motion actuator should be amended to reflect the change above)
Claim 1, line 12: “the second linear-motion actuator having an axis of rotation” should read “the second linear-motion actuator having a second axis of rotation” for clarity (EXAMINER NOTE: any further limitations reciting the axis of rotation of the second linear-motion actuator should be amended to reflect the change above)
Appropriate correction is required.
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, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson (US 20100185127 A1) as applied to claim 8 above, and further in view of Cantrell (US 6174295 B1).
Regarding claim 1, Nilsson discloses mechanical cardiopulmonary resuscitation (CPR) device (100; Fig. 8), comprising:
a central housing (50 Fig. 8) having an axis extending toward a patient's torso (axis A, see Fig. 1);
a compression mechanism (58; Fig. 9) disposed within the central housing (Pg. 6, [0050], lines 8-11, where the power source 51 and control unit 52 are disposed in central housing 50) and structured to move along the axis relative to the central housing toward and away from the patient's torso ([0051], lines 14-2);
a piston (65; Fig. 9) disposed within the compression mechanism (Fig. 9) and structured to move along the axis relative to the compression mechanism (axis A, see Fig. 1) toward and away from the patient's torso ([0051], lines 18-22);
a compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9); and
a piston driving component (65; Fig. 9) comprising a second linear-motion actuator (7; Fig. 1) that is structured to extend the piston (65; Fig. 9) toward the patient's torso ([0048], lines 8-15, where plunger 33 and plunger 65 are the same element), the second linear-motion actuator (7; Fig. 1) having an axis of rotation (axis A, see Fig. 1).
Nilsson further discloses the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) comprises linear motion device (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60 allow the linear/axial motion of housing 58, [0051], lines 2-4; [0051], lines 18-20) configured to extend the compression mechanism (58; Fig. 9) toward the patient's torso ([0051], lines 14-17), but fails to explicitly disclose the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) comprises a first linear-motion actuator that is structured to extend the compression mechanism (58; Fig. 9) toward the patient's torso, the first linear-motion actuator having an axis of rotation; and the axis of rotation of the second linear-motion actuator not being coaxial with the axis of rotation of the first linear-motion actuator.
However, Cantrell teaches a compression device (40) that produces “hands-off” electrically driven chest compressions utilizing a motor (56) and worm drive (worm gears 141 & 142, worm gear shaft 143; Figs. 9, 10), where the motor (56) and worm drive (worm gears 141 & 142, worm gear shaft 143; Figs. 9, 10) configuration functions as a linear actuator by translating rotational movement to linear movement. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Nilsson with Cantrell, such that the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) comprises a first linear-motion actuator (Cantrell: motor 56, worm gears 141 & 142, worm gear shaft 143; Figs. 9, 10) that is structured to extend the compression mechanism (58; Fig. 9) toward the patient's torso ([0051], lines 14-17), the first linear-motion actuator (Cantrell: motor 56, worm gears 141 & 142, worm gear shaft 143; Figs. 9, 10) having an axis of rotation (see Annotated Cantrell Fig. 9 below); and the axis of rotation of the second linear-motion actuator (axis A, see Fig. 1) not being coaxial with the axis of rotation of the first linear-motion actuator (see Annotated Cantrell Fig. 9 and Annotated Nilsson Fig. 9 below) to provide "hands-off" electrically driven adjustment of the device to the patient (Cantrell: Col. 6, lines 5-11).
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Annotated Cantrell Fig. 9
Annotated Nilsson Fig. 9
Regarding claim 2, Nilsson as modified teaches the invention as set forth in claim 1, wherein the piston driving component (65; Fig. 9) is disposed within the compression mechanism (see Figs. 1, 9, where 58 and 4 are the same embodiment of the housing structure) and structured to move along the axis of the central housing (axis A, see Fig. 1) with the compression mechanism (58; Figs. 1, 9).
Regarding claim 3, Nilsson as modified teaches the invention as set forth in claim 1, wherein the piston driving component (65; Fig. 9) is disposed within the central housing (see Figs. 1, 9; 58 is within 50, see Pg. 6, [0050], lines 8-11, where the power source 51 and control unit 52 are disposed in central housing 50).
Regarding claim 7, Nilsson as modified teaches the invention as set forth in claim 1, wherein the piston driving component (65, where the piston driving component 65 includes second linear-motion actuator 7, see Fig. 1, see claim 1 above) is disposed within the compression mechanism (see Figs. 1, 9, where 58 and 4 are the same embodiment of the housing structure) and includes:
a ball screw (8; Fig. 1) attached to the piston (ball screw shaft 8 and ball screw nut 7 attached to plunger 33, [0044], lines 14-17, where plunger 33 is the same plunger structure as plunger 65); and
a motor (2; Fig. 1) coupled to the ball screw (8; Fig. 1) and structured to rotate the ball screw to move the piston along the axis of the central housing (axis A; fig. 1; [0048], lines 12-14).
Regarding claim 9, Nilsson as modified teaches the invention as set forth in claim 1, wherein the first linear-motion actuator (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60 allow the linear/axial motion of housing 58, [0051], lines 2-4; [0051], lines 18-20) includes a worm drive (Cantrell: worm gears 141 & 142, worm gear shaft 143; Figs. 9, 10).
Claims 4, 5, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson (US 20100185127 A1) in view of Cantrell (US 6174295 B1) as applied above, and further in view of another embodiment of Nilsson (US 20100185127 A1).
Regarding claim 4, Nilsson as modified teaches the invention as set forth in claim 1, wherein the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) is disposed within the central housing (50; chest compression unit of Fig. 9 is located within housing 50, see Figs. 8, 9, where base 53 is the base of the housing 50), but fails to disclose the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) includes:
a screw attached to the compression mechanism; and
a motor coupled to the screw and structured to rotate the screw to move the compression mechanism along the axis of the central housing.
However, a second embodiment of the central housing (50; chest compression unit of Fig. 9 is located within housing 50, see Figs. 8, 9, where base 53 is the base of the housing 50) of Nilsson teaches a screw (8; Fig. 1) attached to a piston (ball screw shaft 8 and ball screw nut 7 attached to plunger 33, [0044], lines 14-17, where plunger 33 is the same plunger structure as plunger 65), and a motor (2; Fig. 1) coupled to the screw (8; Fig. 1) and structured to rotate the screw (8; Fig. 1) to move the piston (65; Fig. 9) along the axis (axis A, see Fig. 1) relative to the housing (4; Fig. 1). As shown by Nilsson, the use of a screw attached to a structure, and a motor coupled to the screw to rotate the screw to move the structure the screw is attached to is a known technique in the art. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify Nilsson such that the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) includes: a screw (8; Fig. 1) attached to the compression mechanism (58; Fig. 9); and a motor (2; Fig. 1) coupled to the screw (8; Fig. 1) and structured to rotate the screw (8; Fig. 1) to move the compression mechanism (58; Fig. 9) along the axis (axis A; Fig. 1) of the central housing (50; Fig. 8; [0048], lines 12-14) to successfully and safely perform CPR on patients with a variety of chest sizes ([0021]).
Regarding claim 5, Nilsson as modified teaches the invention as set forth in claim 4, wherein the screw (8; Fig. 1) is a first screw (8; Fig. 1) and the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; Fig. 9) further includes:
a second screw (11; Fig. 1) attached to the compression mechanism (58; 11 attached to compression mechanism 58 via pulley 12, toothed belt 10, and toothed pulley 9, see Fig. 1, where housing 4 and housing 58 are the same structure); and
a timing belt (10; Fig. 1) coupled to the first screw (8; Fig. 1) and the second screw (11; 10 attached to screws 8 and 11, see Fig. 1; [0047], lines 2-3).
Regarding claim 10, Nilsson as modified teaches the invention as set forth in claim 1, wherein the first linear-motion actuator (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60 allow the linear/axial motion of housing 58, [0051], lines 2-4; [0051], lines 18-20) is disposed within the central housing (50; chest compression unit of Fig. 9 is located within housing 50, see Figs. 8, 9, where base 53 is the base of the housing 50), but does not explicitly teach wherein the first linear-motion actuator (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60 allow the linear/axial motion of housing 58, [0051], lines 2-4; [0051], lines 18-20) includes:
a ball screw attached to the piston; and
a motor coupled to the ball screw and structured to rotate the ball screw to move the piston along the axis of the central housing relative to the compression mechanism.
However, a second embodiment of the central housing (50; chest compression unit of Fig. 9 is located within housing 50, see Figs. 8, 9, where base 53 is the base of the housing 50) of Nilsson teaches a ball screw (8; Fig. 1) attached to a piston (ball screw shaft 8 and ball screw nut 7 attached to plunger 33, [0044], lines 14-17, where plunger 33 is the same plunger structure as plunger 65), and a motor (2; Fig. 1) coupled to the ball screw (8; Fig. 1) and structured to rotate the ball screw (8; Fig. 1) to move the piston (65; Fig. 9) along the axis (axis A, see Fig. 1) relative to the housing (4; Fig. 1). As shown by Nilsson, the use of a screw attached to a structure, and a motor coupled to the screw to rotate the screw to move the structure the screw is attached to is a known technique in the art. Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Nilsson such that the first linear-motion actuator (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60 allow the linear/axial motion of housing 58, [0051], lines 2-4; [0051], lines 18-20) includes: a ball screw (8; Fig. 1) attached to the piston (65; Fig. 9); and a motor (2; Fig. 1) coupled to the ball screw (8; Fig. 1) and structured to rotate the ball screw (8; Fig. 1) to move the piston (65; Fig. 9) along the axis of the central housing (axis A, see Fig 1) relative to the compression mechanism (58; [0048], lines 12-14) to successfully and safely perform CPR on patients with a variety of chest sizes ([0021]).
Regarding claim 11, Nilsson as modified teaches the invention as set forth in claim 1, further comprising a controller (52; Fig. 8) configured to control the piston driving component (2, 7, 8, 24, 32; [0048], lines 28-29), but fails to explicitly teach wherein the (52; Fig. 8) is further configured to control the compression-mechanism driving component.
However, a second embodiment of the central housing (50; chest compression unit of Fig. 9 is located within housing 50, see Figs. 8, 9, where base 53 is the base of the housing 50) of Nilsson teaches the controller (52; Fig. 8) is capable of monitoring and controlling the position of a plunger (65; Fig. 9) in respect to the housing (58; Fig. 9), and the position of the plunger (65; Fig. 9) in respect to of the mechanical device for translating rotational motion to linear motion ([0009], lines 9-17; [0018], lines 2-4). Therefore, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to further modify Nilsson such that a controller (52; Fig. 8) configured to control the compression-mechanism driving component (iron cylinder 61, electromagnet coil 63, spring 64, toothed face 60; [0048], lines 28-29) and the piston driving component (2, 7, 8, 24, 32; [0048], lines 28-29) to automate the adjustment and motion of the first and second driving components ([0018]).
Response to Arguments
Applicant’s arguments with respect to claims 1-5, 7, and 9-11, in their amended form per the amendment filed 08/25/2025, have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 6 of the Remarks filed on 08/25/2025, Applicant argues “The Applicant believes these rejections do not apply to the claims in their currently amended forms. That is, the cited references do not teach or suggest, either alone or in combination, that the axis of rotation of the second linear-motion actuator is not coaxial with the axis of rotation of the first linear-motion actuator, as set forth in amended claim 1. Rather, the cited references would only allow for actuators that are coaxial,” hence the subject matter disclosed in independent claim 1 is not taught or suggested by the cited references, either alone or in combination. However, Nilsson (US 20100185127 A1) in combination with Cantrell (US 6174295 B1) does teach that the axis of rotation of the second linear-motion actuator is not coaxial with the axis of rotation of the first linear-motion actuator, as set forth in amended claim 1 (see claim 1 above). Therefore, the cited references do teach the subject matter of amended claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Illindala (US 20150094624 A1): Regarding a chest compression device with a telescoping piston.
Aelen et al. (US 10045908 B2): Regarding an automated CPR device with two linear-motion actuators having a respective axis of rotation, where the respective axes of rotation of the two linear-motion actuators are not coaxial.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ABIGAYLE DALE whose telephone number is (571)272-1080. The examiner can normally be reached Monday-Friday from 8:45am to 5:45pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABIGAYLE DALE/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785