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 10/8/2025 has been entered. The previous drawing objections, claim objections, 35 U.S.C. 112(a) rejections, and 35 U.S.C. 112(b) rejections have been withdrawn. Claims 12, 14, 16, and 18 have been canceled. Claims 8-11, 13, 15, 17, 19-25 remain pending.
Claim Objections
Claim 8, and claims 9-11, 13, 15, 17, and 19-25 by dependency, are objected to because of the following informalities:
Claim 8 recites “the support” in line 12. This should read “the U-shaped support” for consistent terminology.
Appropriate correction is required.
Claim Interpretation
The “compression part”, “driving part”, and “control part” of claim 8 are no longer being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 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) 8, 10-11, 13, 17, 19, 21-23, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou (CN 201734933 U, machine translation accessed March 24, 2025 relied upon herein) in view of Illindala et al. (US 20130072830 A1), hereafter Illindala.
Regarding claim 8, Hou discloses a chest compression device (Fig. 1-3, pg. 1 line 18-19), comprising: a back configured to support the back of a patient (Fig. 1-3, base 1 supports patient; pg. 6 line 1); a compression part configured to compress the chest of the patient (Fig. 1, hammer 15); a U-shaped support configured to support the compression part (Fig. 1, 3, gantry 14); a pair of driving parts (Fig. 1-3, reducer 4, crank 5, connecting rod 6, rocker 7, slider 8, slide groove 9, connector 10 and equivalent structures on the opposite side make up a pair of driving parts) configured to cause the U-shaped support and the compression part connected thereto to perform a vertical reciprocating movement (pg. 6 line 217-222); and a control part (Fig. 2, motor controller 17) configured to control the operation of the pair of driving parts (pg. 3, line 120-122), wherein one end of a first driving part among the pair of driving parts is connected to one end of the support (Fig. 1, 3, one end of support 14 is connected to slider 8 of driving part; pg. 5 line 187), and the other end of the first driving part is connected to one end of the back (Fig. 1-3, connector 10 of the driving part is connected to base 1; pg. 5 line 183-184), wherein one end of a second driving part among the pair of driving parts is connected to the other end of the U-shaped support (Fig. 1, 3, the other end of support 14 is connected to slider 8 of driving part on the opposite side; pg. 5 line 187), and the other end of the second driving part is connected to the other end of the back (Fig. 1-3, connector 10 of the driving part is connected to base 1; pg. 5 line 183-184), wherein the one end of the first driving part and the one end of the U-shaped support respectively have fastening members (nuts 13 tighten the two sides of the gantry 14 into the slider 8; Fig. 1, par. 0031), respectively, and the one end of the second driving part and the other end of the support respectively have fastening members (nuts 13 tighten the two sides of the gantry 14 into the slider 8; Fig. 1, par. 0031), such that the one end of the first driving part can be connected to the one end of the U-shaped support, and the one end of the second driving part can be connected to the other end of the support while the patient is lying on the back (gantry 14 is plugged into the slider 8 while the patient is lying flat on the base 1; par. 0033).
Hou does not disclose wherein the U-shaped support and the compression part are made of a material that is penetrable by X-rays.
Illindala teaches a chest compression device (Fig. 1, par. 0013 line 1-2) wherein the support and the compression part are made of materials through which X-rays may penetrate (backboard and structural members are made of CT compatible material, par. 0017 line 35-38) for the purpose of continuing chest compressions during imaging (par. 0005 line 1-10).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the device of Hou to be made of materials through which X-rays may penetrate as taught by Illindala for the purpose of continuing chest compressions during imaging.
Regarding claim 10, the modified Hou discloses the chest compression device of claim 8 (shown above), wherein each of the pair of driving parts is provided with a rod configured to perform a vertical linear movement (Hou Fig. 1-3, slider 8 moves up and down; pg. 5 line 190-191), and each of the pair of driving parts is supported by the back (Hou Fig. 3, connector 10 of the driving part is connected to base 1 to support the driving part; pg. 2 line 69-74).
Regarding claim 11, the modified Hou discloses the chest compression device of claim 10 (shown above), wherein a distal end of the rod of the first driving part among the pair of driving parts is connected to the one end of the U-shaped support (gantry 14 is connected to rod 8 of driving part; Hou Fig. 1, 3, pg. 5 line 187), and the first driving part is connected to and supported by the one end of the back (connector 10 of the driving part is connected to base 1 to support the driving part; Hou Fig. 1, 3, pg. 2 line 69-74), and wherein a distal end of the rod of the second driving part among the pair of driving parts is connected to the other end of the U-shaped support (gantry 14 is connected to rod 8 of driving part on the opposite end; Hou Fig. 1, 3, pg. 5 line 187), and the second driving part is connected to and supported by the other end of the back (connector 10 of the driving part is connected to base 1 to support the driving part on the opposite end; Hou Fig. 1, 3, pg. 2 line 69-74).
Regarding claim 13, the modified Hou discloses the chest compression device of claim 8 (shown above), wherein the U-shaped support and the compression part are made of a plastic (backboard and structural members are made of CT compatible plastic, Illindala par. 0017 line 35-38).
Regarding claim 17, the modified Hou discloses the chest compression device of claim 10 (shown above), wherein the U-shaped support and the compression part are made of a plastic (backboard and structural members are made of CT compatible plastic, Illindala par. 0017 line 35-38).
Regarding claim 19, the modified Hou discloses the chest compression device of claim 11 (shown above), wherein the support and the compression part are made of a plastic (backboard and structural members are made of CT compatible plastic, Illindala par. 0017 line 35-38).
Regarding claim 21, the modified Hou discloses the chest compression device of claim 10 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U-shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Regarding claim 22, Hou discloses the chest compression device of claim 8 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U-shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Regarding claim 23, the modified Hou discloses the chest compression device of claim 13 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U-shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Regarding claim 25, the modified Hou discloses the chest compression device of claim 17 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U-shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Claim(s) 9, 15, 20, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hou in view of Illindala as applied to claim 8 above, and further in view of Jeppsson (US 20140221882 A1).
Regarding claim 9, the modified Hou discloses the chest compression device of claim 8 (shown above).
The modified Hou does not disclose wherein the other end of the first driving part and the one end of the back have fastening members, respectively, and the other end of the second driving part and the other end of the back have fastening members, respectively, and thereby the other end of the first driving part can be connected to the one end of the back, and the other end of the second driving part can be connected to the other end of the back while the patient is lying on the back.
Jeppsson teaches a chest compression device (abstract ln 1) wherein one end of a first driving part (lower end of first tower 730; Fig. 7B-D) and one end of a back (left end of back plate 720; Fig. 7A-D) have fastening members (tower 730 and plate 720 are removably attached as seen in Fig. 7D, par. 0037; exemplary fastening arrangements between tower and plate are shown in Fig. 4C and 5A-B, par. 0031-0032) and an end of a second driving part (lower end of second tower 740; Fig. 7B-D) and the other end of the back (right end of back plate 720; Fig. 7A-D) have fastening members (tower 740 and plate 720 are removably attached as seen in Fig. 7D, par. 0037; exemplary fastening arrangements between tower and plate are shown in Fig. 4C and 5A-B, par. 0031-0032) and thereby the other end of the first driving part can be connected to the one end of the back, and the other end of the second driving part can be connected to the other end of the back while the patient is lying on the back (as seen in Fig. 7A-B, towers 730 and 740 can be connected to the back 720 while patient 710 lies on the back, par. 0037) for the purpose of allowing the back plate to be slid underneath the patient’s chest or the patient to be rolled on top of the back plate (par. 0037).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to further modify the device of Hou to have fastening members connecting the driving parts and the back as taught by Jeppsson for the purpose of allowing the back plate to be slid underneath the patient’s chest or the patient to be rolled on top of the back plate (Jeppsson par. 0037).
Regarding claim 15, the modified Hou discloses the chest compression device of claim 9 (shown above), wherein the U-shaped support and the compression part are made of a plastic (backboard and structural members are made of CT compatible plastic, Illindala par. 0017 line 35-38).
Regarding claim 20, the modified Hou discloses the chest compression device of claim 9 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U- shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Regarding claim 24, the modified Hou discloses the chest compression device of claim 15 (shown above), wherein the control part controls the vertical reciprocating movements of both ends of the U-shaped support by the pair of driving parts to be synchronized with each other (motor controller controls the motor which creates synchronized vertical reciprocating movements of the support ends through the pair of driving parts by a double-head output of the motor, Hou pg. 5 line 185-191).
Response to Arguments
Applicant’s arguments, see pg. 10-13, filed 10/8/2025, with respect to rejections under 35 U.S.C. 112(a) and 35 U.S.C. 112(b) of claims 8-25 have been fully considered and are persuasive. The 35 U.S.C. 112(a) and 35 U.S.C. 112(b) rejections have been withdrawn.
Applicant's arguments filed 10/8/2025 regarding rejections under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered but they are not persuasive.
Applicant argues that Hou does not teach the driving parts can be selectively attached (or detached) at the support ends while the patient remains prone. However, as shown in the rejection above, Hou discloses that the support can be attached to the driving part while the patient is lying on the base (Hou par. 0033).
Applicant argues that Illindala does not teach a compression part made of X-ray permeable plastic material. However, Illindala discloses “The housing and backboard, along with any structural members in or near the imaging field, are preferably made of MRI/CT compatible plastic, wood, ceramic or composite material” (Illindala par. 0017 line 35-38). One of ordinary skill in the art would recognize that a compression part for compressing the chest would be in the imaging field for imaging of the chest. Additionally, Illindala shows the compression part within the imaging field (Fig. 2, 4) and discusses imaging during active chest compressions (par. 0020-0022).
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.
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/K.R./Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785