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 amendments filed 8/15/2025 have been entered. Accordingly, claims 1-8 are pending in the current application.
Response to Arguments
Applicant’s arguments with respect to claim(s)1-8 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. The Examiner notes that while the same art that was applied in the non-final office action is still being used in this rejection, the reference of Larson is now being used a secondary reference to better suit the claims as now recited.
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.
Claim(s) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Keplinger (WO 2019/173227 A1) in view of Larson (JP 4728338 B2).
Regarding claim 1, Keplinger discloses a method comprising: at least one hydro-electric actuator (hydraulically amplified self-healing electrostatic soft actuators, Paragraph 0006 and Abstract, Figures 2A-2B), wherein the at least one hydro-electric actuator comprises: a dielectric liquid (liquid dielectric 212, Paragraph 00119 and Figures 2A-2B); at least one dielectric film (polyacrylamide-lithium chloride hydrogel or Kapton film may be placed on either side of the shell 208, forming a dielectric film, Paragraph 00131), wherein the at least one dielectric film forms at least one chamber (as the hydrogel or Kapton film is placed on either side of the shell 208, the film therefore forms the cavity 209 in which the dielectric liquid 212 is disposed, Figures 2A-2B and Paragraph 00131), the at least one chamber comprises a plurality of walls (see shell 208 comprising a plurality of walls, Figures 2A-2B), and the dielectric liquid is within the at least one chamber (dielectric liquid 212 within cavity 209 formed by shell 208, Figures 2A-2B and Paragraph 00117); and wherein the at least one dielectric film comprises an electrically insulating film or a poorly conductive film (as the film is made from either a polyacrylamide-lithium chloride hydrogel or Kapton film, the film therefore is formed of a poorly conductive and/or dielectric material, Paragraph 00131); a positive electrode (positive electrode 216, Figures 2A-2B and Paragraph 00117), wherein the positive electrode is disposed on a first side of the at least one dielectric film (see positive electrode 216 disposed on a first side of the shell 208 and therefore the film, Figures 2A-2B); and a negative electrode (negative electrode 217, Figures 2A-2B and Paragraph 00117), wherein the negative electrode is disposed on a second side of the at least one dielectric film (see negative electrode 217 disposed on a second side of the shell 208 and therefore the film, Figures 2A-2B); and applying at least one pressure with the at least one hydroelectric actuator wherein applying the at least one pressure to the cylindrical body comprises: applying at least one voltage to at least one of: the positive electrode, the negative electrode, or any combination thereof (application of a voltage to or across the first and second electrodes 216, 217 (e.g., via the respective first and second electrical leads 221, 223) induces an electric field through the liquid dielectric 212 (e.g., and shell 208) to generate electrostatic forces that attract the first and second electrodes 216, 217, the generated electrostatic forces generate an electrostatic Maxwell stress on the active area 224 of the shell 204, the electrostatic stress displaces the liquid dielectric 212 in the active area 224, thus generating hydrostatic pressure that acts on the shell 208 to urge the shell in one or more different directions so as to move the shell 208, stretch the shell 208, etc., Paragraph 00118 and Figures 2A-2B)).
Although Keplinger teaches a hydro-electric actuator configured to generate mechanical pressure, Keplinger is silent wherein the actuator is wrapped around a cylindrical body, and therefore applying pressure to a cylindrical body.
However, Larson teaches a similar hydro-electric actuator (electroactive material based actuator, Figures 23-26 and Abstract) wherein the actuator is configured to wrap around a cylindrical body (therapeutic garments 2300, 2400, 2500, and 2600 wrapped around a cylindrical limb of a user to impart pressure on the body part via an electroactive-material based actuator, Figures 23-26 and Abstract), such that the actuator applies a pressure to the cylindrical body ((when a voltage is applied between the first electrode 1810 and second electrode 1820, the working electrode 1810 contracts and the counter electrode 1820 expands, resulting in the actuator A1 contracting in the plane and extending out of the plane as shown in Figure 18c, imparting pressure to the limb the user, Page 16).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to use Keplinger’s actuator device such that the device is configured to be wrapped around a cylindrical body, such as a limb of a user, to therefore impart mechanical pressures to the user’s limb, as taught by Larson, as using such an electrically activated actuator on a user’s limb provides various therapeutic benefits such as the ability to impart intermittent compression therapy and/or generate an even pressure distribution.
Regarding claim 2, Keplinger further discloses where the at least one pressure is a sequence of pressures (various cycles of voltage application may be performed, therefore generating a sequence of pressures generated by the actuator, Paragraph 00122).
Regarding claim 3, Larson further teaches wherein the cylindrical body at least one body part (see Figures 23-26 showing system used around a patient’s, leg, arm, foot, and/or hand).
Regarding claim 4, Larson further teaches wherein the method is for treating at least one or more condition(s) of: Deep Vein Thrombosis, lymphedema, varicose veins, spider veins, Chronic Venous Insufficiency, ulcers, superficial venous thrombosis, phlebitis diabetic wounds, scar tissue, swelling, sore muscles, burn wounds, cellulitis, chronic edema, eczema, infected wounds, epidermolysis bullosa, and to reduce the recovery time of orthopedic surgeries, swelling, infections, and sport injuries (the present invention can be used for various medication purposes such as lymphedema, deep vein thrombosis, venous leg ulcer, venous failure, burns, and sports injuries, Page 7, fifth paragraph).
Regarding claim 5, Larson further teaches wherein the body part is an animal body part (see Figures 23-26 showing system used around a patient’s, leg, arm, foot, and/or hand; a human is an animal).
Regarding claim 6, Larson further teaches wherein the body part is a human body part (see Figures 23-26 showing system used around a patient’s, leg, arm, foot, and/or hand; a human is an animal).
Regarding claim 7, Larson further teaches wherein the human body part is a leg, a calf, an arm, or a hand (see Figures 23-26 showing system used around a patient’s, leg, arm, foot, and/or hand; a human is an animal).
Regarding claim 8, Keplinger further teaches wherein the at least one dielectric film comprises a polyimide, a polyethylene polypropylene, a polytetrafluoroethylene, a silicon, an acrylic, or a polypropylene (polyacrylamide-lithium chloride hydrogel or Kapton film may be placed on either side of the shell 208, forming a dielectric film, Paragraph 00131; Kapton film is a polyimide film).
Conclusion
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 SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785