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 02/202/2026 has been entered. Claim 19 remain pending in the application.
Response to Arguments
Applicant's arguments with respect to claim 19 have been considered but are not seen as persuasive, see reasonings below.
Regarding claim 19, applicant argues Wright in view of Kane does not disclose the amended claim 19 such that Wright in View of Kane does not disclose contact with glabrous skin. Examiner first wants to acknowledge that the amendment to claim 19 recites “a plurality of thermoelectric coolers to provide differential temperature at areas comprising glabrous skin of the human hand”. While Kane does not use the exact terminology of glabrous, glabrous skin by definition is the smooth hairless skin which is found on the palms of hands, soles of feet lips, etc. With that being said, in Paragraph [0053] of Kane, it is stated that the extremity can comprise of anywhere arteriovenous anastomoses (AVAs) are located which are primary located in the palm of a hand, therefore Kane does disclose providing differential temperatures at areas comprising glabrous skin of the human hand wherein the glabrous skin of the human hand is the palm of the hand. Applicant also argues that motivation of “obvious to try” is not supported. While examiner does agree Kane teaches a multitude of possible solutions, examiner does not see Kane’s art as an infinite number of solutions with that being said, the motivation does change with the amended claim being narrower such that the treatment area that is disclosed in amended claim 19 allows for increased blood flow due to treatment of glabrous skin of the human hand taught by Kane in Paragraph [0053]. Examiner appreciates applicant pointing towards figures and portions of the specification for the rationale of the amended portions of the claims but wants to reiterate above; by narrowing the claim, it changes the motivation as well as it was not stated once in the non-final action that it would be obvious to try a clamped configuration since Wright the primary source teaches a clamped configuration. Applicant also argues KSR rationale “simple substitution of one known element for another”, to which Examiner sees the argument as moot since the KSR rationale was not relied on in either the non-final action nor in the final action and again by narrowing the claim, it changes the motivation as well. Therefore, examiner stands by the rejection as taught above and below.
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.
Claim 19 is rejected under 35 U.S.C 103 as being unpatentable over Wright et al. (US 5899077) herein referred to as Wright in view of KANE et al. (US 20130190667) herein referred to as KANE.
Wright discloses A (Heat exchange module) HEM apparatus (Figure 1), wherein an improvement comprises: a. A fixed frame therapy station (Figure 1, 12, 21 & 11), comprising aluminum (Column 3, lines 44-45); b. A fluid channel subassembly (Figure 1, 21 & 11), wherein the subassembly comprises a first layer (Figure 1, 21), comprising a cut out (Figure 1, 22), a second layer (Figure 1, 11), a first plate and a second plate (Figure 1, 10), wherein the second plate is embedded between the first and second layer and directly in contact with fluid flowing in the fluid channel (Figure 1, 10; wherein plates 10 are in direct thermal contact with the fluid flowing in the fluid channel), wherein the first and second plates are clamped together by circular fasteners at the point of the cut-out (Figure 1, 40; wherein when circular screws are fasten together 21 & 11 through cut outs 23 & 17), to create a seal against the first layer (Column 3, lines 3-11), and first layer is bonded with both the first plate and second plate to form a sealed clamp point (Figure 1; wherein first layer 21 is bonded with both the plates through circular screws which create a clamp point at the screw locations), and wherein a thermally conductive paste is between the first plate and the second plate (Column 3, lines 3-11); and c. temperature control of a plurality of thermoelectric coolers (Column 1, 34-39). However, Wright does not explicitly disclose wherein the fluid channel subassembly is flexible; the fixed frame is molded in a shape of a human hand; and A controller, wherein the controller controls a plurality of thermoelectric coolers to provides differential temperature at areas comprising glabrous skin of the human hand.
KANE discloses a heat exchange module (HEM) apparatus (Figure 4C) wherein the fluid channel subassembly is flexible (Claim 1; wherein the device comprises flexible walls wherein one or more second flexible walls sealable coupled to at least a portion of the one or more first flexible walls to form an enclosed fluid plenum region therebetween); the fixed frame is molded in a shape of a human hand (Figure 4C); and a controller (Figure 4C, 160), wherein the controller controls a plurality of thermoelectric coolers to provides differential temperature at areas comprising glabrous skin of the human hand (Paragraph [0053]; wherein the extremity can comprise of anywhere arteriovenous anastomoses (AVAs) are located which are primary located in the palm of a hand, therefore comprising glabrous skin of the human hand; Paragraph [0090]; wherein the thermal exchange unit(s) 420 can be temperature regulated by use of the controller 160 and thus two or more thermal exchange units 420 may be positioned around various parts of the hand). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the HEM apparatus taught by Wright to include the teachings of KANE. The motivation being the flexibility allows for conforming into the shape of the extremity and securely surround and enclose the portion of the hand to provide good contact between the glabrous surfaces of the hand and the thermal exchange units to provide increased blood flow (Kane, Paragraph [0053] & Paragraph [0064]).
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 ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Prosecution Insights