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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-2, 4-6, 8, 10-14 in the reply filed on 09/06/2025 is acknowledged.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 1,10 is rejected under 35 U.S.C. 101 because Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1,10 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
In claims 1, 10 it is set forth “having motion sensors on patient facing surfaces of the vest to measure chest wall motion” which implies that a patient/human is part of the system in order to acquire such data. The claim can be corrected by including a limitation such as configured to or adapted to. (i.e. “…resuscitation system having motion sensors configured to be located on patient facing surfaces”).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 6, 13 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 14 it is set forth that images are displayed, however, the imaging system fails to previously set forth any image acquisition; which makes the claim unclear and fail to have antecedent basis to such limitation.
In claim 1 it is set forth in line 18 “ thereby removing the constriction motion artifact” which appear to be a functional limitation, since the claim fail to set forth any system that performs such a function; the claims merely only set forth displaying an image in various stages; the claim is unclear.
In claim 1, line 27 it is set forth that the intravascular hemodynamic device and the cardiopulmonary resuscitation system are synchronized….to “enhance” cardiac output and coronary blood flow; how does having to systems synchronized would “enhance” cardiac output and coronary blood flow; the term “enhance” is unclear what it implies.
In claim 4 the image/s lack antecedent basis.
In claim 6, the contrast injector lacks antecedent basis.
In claim 13, the mechanized patient table lacks antecedent basis.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 2, 4-5, 10, 12, 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Illindala et al. (US 2013/0072830, hereinafter Illindala).
Illindala discloses a multimodal integrated cardiac catheterization laboratory and CPR system comprising:a radiographic imaging system (see para. 0006, para. 0021);
an automated cardiopulmonary resuscitation system; and a control system adapted to synchronize the imaging system and the automated cardiopulmonary resuscitation system (see para. 0006, 00021).
With respect to claim 4, Illindala discloses the integrated cathlab and CPR system of claim 2, wherein the control system is adapted to gate the radiographic imaging so as to retain the image acquired at the end of the end of the automated CPR release through the whole of the compression phase so as to remove CPR motion artifact (see para. 0021, gated imaging).
With respect to claim 5, Illindala discloses the integrated cathlab and CPR system of claim 2, the automated cardiopulmonary resuscitation system further comprising a pneumatic circumferential constriction bladder (see para. 0006, fig. 5) .
With respect to claim 10, Illindala discloses the integrated cathlab and CPR system of claim 2, wherein the automated cardiopulmonary resuscitation system further comprises motion sensors on patient facing surfaces of the device to measure one or both of chest wall motion or chest wall force, and wherein the control system is adapted to retain the image acquired at the end of the automated CPR release through the whole of the compression phase so as to remove CPR motion artifact (see para. 0021).
With respect to claim 12, Illindala discloses the integrated cathlab and CPR system of claim 2 wherein the controller is adapted to control the cardiopulmonary resuscitation to provide an alternative low- pressure/force setting for circulatory assist in hypotension, and wherein the controller is further adapted to synchronize the circulatory assist with the ECG (see para. 0021).
With respect to claim 14, Illindala discloses the integrated cathlab and CPR system of claim 2 wherein the controller is adapted to alter the force of circumferential constriction such that either CPR or cardiac assist can be being performed wherein the adjustment is based on either manual operator 8 input or physiological measurements (see para. 0021).
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(s) 6, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable Illindala et al. (US 2013/0072830, hereinafter Illindala) in view of Wilson (US 2019/0357778).
Illindila discloses the system as disclosed above, but fails to teach further comprising a contrast injector pump, wherein the control system is further adapted to synchronize a timing of the contrast injector pump so that the injector pump injects contrast dye during the initial 100 milliseconds of release phase of cardiopulmonary resuscitation.
Wilson in the same field of endeavor in the subject of injection control systems discloses a contrast injector pump, wherein the control system is further adapted to synchronize a timing of the contrast injector pump so that the injector pump injects contrast dye during the initial 100 milliseconds of release phase of cardiopulmonary resuscitation (see para. 0042).
It would have been obvious to one skilled in the art before the effective filling date to have a contrast injector pump, wherein the control system is further adapted to synchronize a timing of the contrast injector pump so that the injector pump injects contrast dye during the initial 100 milliseconds of release phase of cardiopulmonary resuscitation as disclosed by Wilson because doing so will allow for CT imaging scanning.
With respect to claim 8 Wilson discloses further comprising a intravascular hemodynamic assist device, wherein the control system is adapted to synchronize the intravascular hemodynamic assist device with the CPR system so that the intravascular hemodynamic assist device augments blood flow during the relaxation phase of CPR (see para. 0095)
. It would have been obvious to one skilled in the art before the effective filling date further comprising a intravascular hemodynamic assist device, wherein the control system is adapted to synchronize the intravascular hemodynamic assist device with the CPR system so that the intravascular hemodynamic assist device augments blood flow during the relaxation phase of CPR because doing so will allow for blood flow pumping assistance in addition to CPR known practices.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over Illindala et al. (US 2013/0072830, hereinafter Illindala) in view of Freeman (Us 2018/0325771).
Illindala discloses the system as disclosed above but fails to teach further comprising an ECG monitor, wherein the controller is adapted to use data from the ECG monitor to synchronize the CPR system to one or more components of an organized QRS signal from the ECG monitor.
In the same field of endeavor in the subject of ECG monitoring Freeman discloses an ECG monitor, wherein the controller is adapted to use data from the ECG monitor to synchronize the CPR system to one or more components of an organized QRS signal from the ECG monitor (see para. 0018).
It would have been obvious to one skilled in the art before the effective filling date to have an ECG monitor, wherein the controller is adapted to use data from the ECG monitor to synchronize the CPR system to one or more components of an organized QRS signal from the ECG monitor as disclosed by Freeman because doing so will allow for tracking of the heart condition.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Illindala et al. (US 2013/0072830, hereinafter Illindala) in view Zerhusen (US 2018/0161225).
With respect to claim 13, Illindala discloses the integrated cathlab and CPR system of claim 2 but fails to teach wherein the controller is adapted to synchronize and move the mechanized patient table such that the table acts to damp patient motion created by the cardiopulmonary resuscitation system.
Zerhusen in the same field of endeavor in the subject of mechanized patient tables discloses a controller is adapted to synchronize and move the mechanized patient table such that the table acts to damp patient motion created by the cardiopulmonary resuscitation system (see para. 0350, 0354).
It would have been obvious to one skilled in the art before the effective filling date to have a controller is adapted to synchronize and move the mechanized patient table such that the table acts to damp patient motion created by the cardiopulmonary resuscitation system as disclosed by Zerhusen because doing so will provide additional elements to improve CPR efficiency.
Examiner’s Comment
It should be noted that although no prior art rejection has been set forth to independent claim 1, it is still not considered in condition to allowance due to the 35 USC 101 and further 35 USC 112(b) rejections set forth above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH M SANTOS RODRIGUEZ whose telephone number is (571)270-7782. The examiner can normally be reached Monday-Friday 8:30am to 5:30pm.
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/JOSEPH M SANTOS RODRIGUEZ/ Primary Examiner, Art Unit 3797