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 on 26 February 2026 has been entered. Claims 1, 14-16, and 22 have been amended. New claim 42 has been added. Claims 25-41 remain withdrawn from consideration, and claims 1-24 and 42 are examined herein.
The amendment filed on 26 February 2026 included incorrect status identifiers for claims 25-41, which were previously withdrawn from consideration as being drawn to nonelected inventions. These claims remain withdrawn from consideration, and Applicant is respectfully requested to correct the status identifiers in future claim listings.
It is noted that not all changes relative to the prior version of the claims were marked as required in 37 CFR 1.12(c)(2). (i.e. “having an opening” added to line 3 of claim 1 was not underlined) Applicant is respectfully requested to appropriately mark all changes in future amendments.
The previous objection to claim 16 and rejections of claims 14, 15, and 22 under 35 USC 112(b) as being indefinite are withdrawn due to Applicant’s amendments.
The previous rejections under 35 USC 102 and 103 relying upon Körner (DE 202018101328 U1) as a primary reference are withdrawn due to Applicant’s amendments.
The other previous rejections are maintained.
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.
Claims 1, 4-6, 10, and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016, and Paul Murphy Plastics Company, “Everything You Need To Know About PVC Plastic,” 2025.
Regarding claim 1, Gersin teaches a portable mat comprising a battery module comprising a battery compartment; and a battery (of battery pack 58) that is removable from and insertable into the battery compartment ([0029] teaches an internally stored battery may be in a common internal compartment, i.e. battery compartment, with the controller 52 and other device assemblies. Gersin also teaches the battery can be a rechargeable battery or a replaceable non-rechargeable battery ([0021]), which indicates the battery can be removable from and insertable into the battery compartment),
A liquid repellent film 46 covering substantially the entire mat, (Figures 3a and 3b; [0027])
the battery being electrically connectable to a heating support of the heating mat (Fig. 1, [0006] and [0024] teach the flexible mat can include a heating element 24 within the cover of the mat and that the heating element, i.e. heating support, can be electrically connected to the power source, such as a battery. Accordingly, a mat with a heating element would read on a heating mat.)
the battery compartment being padded with a shock-resistant material (The battery compartment is taught that it can be internally stored with the controller, which would indicate a position within the cover ([0029]; Fig. 4A). [0027] teaches the core layer of the mat can be made of any flexible cushioning material, including but not limited to, PVC, rubber, and natural fibers. PVC is known to have impact resistance (Twombly: p2 para 8, “Conclusion”) and therefore is a shock-resistant material padding the battery compartment given that both are internal components within the cover of the mat.)
and the battery module either separate from the heating support or laying on the heating support. (Figs. 4A-4B indicates the battery module as positionally laying on the heating support or alternatively, as separate from the heating support because it is not directly contacting the heating support).
The preamble is not considered to impart any structure to the claimed medical battery module for vacuum mattress and heating mats, the taught heating mat can also be used for vacuum mattresses and heating mats used for medical purposes. For example, Gersin states that the taught heating mat can be fit into existing medical equipment such as an incubator or a phototherapy array ([0019]).
Gersin does not directly teach that the battery compartment has an opening, that the battery is removable from and insertable into the battery compartment via the opening, or that the liquid repellent film completely covers the battery compartment except for the opening.
However, paragraph [0029] teaches that the controller can be externally accessible, the power supply 58 (i.e. the battery) can share the internal compartment in which the controller is positioned, and further that “externally accessible may refer to an aperture in the cover allowing access”. The paragraph also suggests providing “easy access” to the power supply for ease of battery replacement. As shown in, e.g. Figures 3a and 3b of Gersin, the water-resistant or waterproof cover 46 is shown and taught as enveloping the components of the mat. (Para [0027])
Based on these teachings of Gersin, it would have been obvious to one having ordinary skill in the art at the time the invention was made to specifically provide the desired easy access to battery 58 via an aperture in the cover that provides access to compartment in which it is located. In addition, due to the well-known sensitivity of electronics to moisture, and the context of Gersin, which shows a waterproof cover enveloping the foam and internal components of the mat, clearly it would have been obvious to provide the cover at all portions of the mat that do not require access to e.g. the battery or controller, which is positioned within the same internal compartment. Within such a design, the aperture in the cover corresponds to the instant opening to the battery compartment, through which the battery is insertable/removable. As it would have been obvious to provide the waterproof/water-resistant cover over all other surfaces of the mat to protect the internal components, this further meets the limitation to the liquid-repellent film that completely covers the battery compartment except for the opening.
Regarding claim 4, Gersin teaches the medical battery module of claim 1, and further teaches wherein the shock-resistant material comprises two or more components ([0028] teaches an embodiment wherein the flexible core of the mat that is the shock-resistant material can have an upper layer and a lower layer; Fig. 3b).
Regarding claim 5, Gersin teaches a medical battery module of claim 1, and further teaches wherein a control unit of the battery and of the heating support is jointly arranged at one side of the medical battery module. ([0029] teaches an internally stored battery may be in a common internal compartment, i.e. battery compartment, with the controller 52 and other device assemblies, and Fig. 4a shows a controller coupled to a POWER button 54 and MODE button 52 that are arranged together. Within a common internal compartment, i.e. the battery compartment, the control buttons would be jointly arranged at one side of the battery compartment, and thereby, at one side of the medical battery module. The POWER button 54 reads on a control unit of the battery and of the heating support, because the POWER button 54 controls the electrical connection of the battery to electricity-consuming devices within the mat including a heating element (Fig. 5, [0034], [0037]). Gersin also teaches other control steps associated with a heating element are possible within the context of discussing functions of the MODE button 56 ([0037]); consequently, the MODE button 52 provides an alternative reading of a control unit of the heating support.)
Regarding claim 6, Gersin teaches a medical battery module of claim 1, and further teaches wherein the shock-resistant material comprises a material selected from the group of plastics, thermoplastics, foam comprising isocyanates and polyols, polyurethane, TPU, styrofoam, and combinations thereof (As previously pointed out in addressing the limitations of claim 1, Gersin teaches the shock-resistant material as PVC material, which is a thermoplastic polymer, a claimed species (Paul Murphy Plastics Company: p1 para 1).
Regarding claim 10, Gersin teaches a medical battery module of claim 1, and further teaches wherein a base of the medical battery module is disposed on the vacuum mattress or the heating mat. (Gersin shows embodiments in Fig. 4A-Fig. 4B wherein the bottoms, or base, of components of the medical battery module are disposed on a portion of the heating mat, thereby reading on a base of the medical battery module is disposed on the vacuum mattress or the heating mat)
Regarding claim 42, the interior of the cover 46 of Gerson corresponds to a battery compartment, within which the shock-resistant material (i.e. core layer 42) is provided. ([0027] and [0029])
Claims 3, 12, 15-16, 23 are rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Plazarte (US 20200375791 A1, prior US filing date of 2019-05-28). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 3, Gersin teaches a medical battery module in accordance with claim 1, but does not further teach wherein shock-resistant material comprises two half shells.
In the same field of endeavor, Plazarte teaches a heating pad 5 with a battery pack including battery 140 in a battery compartment 115 that is connected to a heating support 10 ([0041], Figs. 1, 9 and 10: 175 and 180). Plazarte teaches a configuration for the battery compartment that allows the user to perform various functions important to a battery pack used for a heating pad, including a charging port to charge the battery or a heat pad port to heat the heat pad, access to buttons for adjusting the temperature of the hat pad, a circuit board, and an indicator to indicate the amount of power left in the battery ([0042]-[0043]). Given that Gersin describes the usefulness of user-actuated control over heating elements, use of a controller, and other functions ([0021], [0022], [0024]), and also discloses that the power supply such as a battery can share a common internal compartment with the controller ([0029]), one of ordinary skill in the art would have been motivated to modify Gersin’s medical battery module to use Plazarte’s configuration for a battery compartment given that it enables many device functions that Gersin discloses for their medical battery module. Within the combination of prior art, modified Gersin’s battery compartment as taught by Plazarte comprises two half shells (Plazarte: Fig. 10; 175 and 180).
Regarding claim 12, Gersin teaches a medical battery module in accordance with claim 1.
However, Gersin does not further teach wherein the battery compartment comprises a battery housing.
In the same field of endeavor, Plazarte teaches a heating pad 5 with a battery pack including battery 140 in a battery housing 115 that is connected to a heating support 10 ([0041]) (Figs. 1, 9-10: 175 and 180). Plazarte teaches a configuration for the battery housing that allows the user to perform various functions important to a battery pack used for a heating pad, including a charging port to charge the battery or a heat pad port to heat the heat pad, access to buttons for adjusting the temperature of the hat pad, a circuit board, and an indicator to indicate the amount of power left in the battery ([0042]-[0043]). Given that Gersin describes the usefulness of user-actuated control over power, heating elements, use of a controller, and other functions ([0021], [0022], [0024]), and also discloses that the power supply such as a battery can share a common internal compartment with the controller ([0029]), one of ordinary skill in the art would have been motivated to modify Gersin’s medical battery module to incorporate Plazarte’s battery housing given that it enables many device functions that Gersin discloses for their medical battery module.
Gersin discloses the battery can be replaceable non-rechargeable batteries ([0021]), which indicates the battery would be removable from and insertable into a housing containing the battery, i.e. a battery housing, when replaced. Additionally, barring evidence demonstrating otherwise, a battery in the battery housing of the combined prior art would be expected to be structurally capable of being removed and inserted into the battery housing.
Regarding claim 15, the combination above teaches the battery module of claim 12 and further teaches wherein the control unit is arranged at an outer visible side of the battery housing. Specifically, Gersin teaches while the controller 52 is retained within a cover, its associated controls are externally accessible, for example, via an aperture in the cover allowing access to the button, a bump protruding through the cover, or other appropriate configuration ([0029]), which suggests it would be visible on an outer side of a compartment containing the controller. Plazarte also teaches a series of apertures in the battery housing allowing users to access and actuate a button 120, i.e. a control unit, for turning on the heating pad or adjusting the temperature ([0041]-[0042], [0044]; Fig. 9). Accordingly, the combination teaches that the control unit is arranged at an outer visible side of the battery housing.
Regarding claim 16, the combination above teaches the medical battery module of claim 12, and Plazarte of the combination teaches in Fig. 10, reproduced below, wherein the battery housing 115 has an upper shell 175, a lower shell 180, and a cover 170, the upper shell is connected to the lower shell as shown in the assembled housing of Fig. 9 and the cover 170 is releasably coupled to the upper shell 175 and to the lower shell 180, by a releasable snap-in connection ([0041] teaches the cover 170 snaps into the aperture created by the shells 175 and 180, and is structurally capable of being releasably coupled, and accordingly, the snap-in connection would be releasable).
Fig. 10 of Plazarte:
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Regarding claim 23, the combination above teaches the medical battery module of claim 16, and Plazarte of the combination teaches wherein the battery housing has a reception space for at least one board on which at least one electronic circuit is provided to communicate with the battery.
Plazarte discloses in a printed circuit board 135 inside the battery housing 115 (Fig. 10; [0041]) and is taught to be mechanically and electrically connected to the battery ([0043]), therefore it is provided to physically and electrically communicate with the battery as claimed.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Stephens et al (US 20210120631 A1 with prior US filing date of 2020-02-17). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 7, Gersin teaches a medical battery module of claim 1, but does not teach wherein the liquid-repellent film comprises a material selected from the group of thermoplastic elastomers, such as thermoplastic polyurethane (TPU), foam, polyurethane, Styrofoam, polystyrene, and further materials and combinations thereof.
In the same field of endeavor, Stephens teaches an outer sleeve for an electric heating mat ([0007]), i.e. cover, which can be coated with urethane for the advantage of improving water resistance ([0024]). It would have been obvious to one of ordinary skill in the art at the time of filing to modify Gersin’s water-resistant fabric within the medical battery module to use a polyurethane coating to improve water resistance, as taught by Stephens.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Plazarte (US 20200375791 A1, prior US filing date of 2019-05-28), as applied to claim 12 above, and in further view of Iwasa (JP 2005019022 A). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 13, the combination of prior art teaches the medical battery module of claim 12 and teaches the battery housing comprises a multi-part housing (Plazarte: Fig. 10 shows multiple parts including 175, 180, 185). However, the combination does not teach that it is at least liquid-repellent.
In the same field of endeavor, Iwasa teaches use of a seal 65 and 34 between parts of battery housing to waterproof the battery housing (Figs. 5-6; [0046], [0060]). Given that Gersin teaches use of water-proofing materials in their mat ([0027]), one of ordinary skill in the art at the time of filing would have found it obvious to additionally waterproof electronic components within the heating mat of modified Gersin’s medical battery module, such as by incorporating the seals taught by Iwasa to waterproof the battery housing. Within the combination of prior art, the waterproofed battery housing would thus be at least liquid-repellent.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Körner et al (DE202018101328U1). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 14, Gersin teaches the medical battery module of claim 1, but it does not teach the heating support has a temperature-regulating film configured to be regulated to an at least substantially constant temperature in a range from 15 to 42°C, the temperature capable of being set in dependence on a patient by a control unit.
Analogous art Körner teaches a temperature-regulating support pad for a stretcher and discloses a heating support 14 with a temperature-regulating layer (film) 14’ being adjustable to an at least substantially constant temperature in the range of 16 to 30°C wherein the temperature can be adjusted according to the patient by means of a device (Figs. 1 and 7; [0016], [0047]), teaching that these temperature ranges are perceived as comfortable by patients being transported on the stretcher and allow the patient's body to be warmed or cooled (machine translation [0016]).
Primary reference Gersin teaches its mat with a heating element is used to soothe an infant or a small child via physical contact with the child and can be placed into existing medical equipment such as an incubator, or a car seat ([0019]). One of ordinary skill in the art at the time of filing would have found it obvious to incorporate Körner’s heating support to adjust the temperature to an at least substantially constant temperature in the range of 16 to 30°C, as taught by Körner, a temperature range which is within the claimed range, to provide a comfortable temperature range for users of the soothing mat of Gersin. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); see MPEP 2144.05, I.
Claims 12-13 and 15-22 are rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Iwasa (JP 2005019022 A). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 12, Gersin teaches a medical battery module in accordance with claim 1.
However, Gersin does not further teach wherein the battery compartment comprises a battery housing.
Analogous art Iwasa teaches a device-contact interface and portable battery adapter, i.e. battery housing, that can be freely attached to and detached from a waterproof electronic device (machine translation [0065]), with the example being a camera body device. Iwasa is analogous art because they teach their invention can be applied to any device having a waterproof function capable of inserting and removing a replacement battery ([0065]), which is reasonably pertinent to the problem faced by the inventor of including a removable and insertable battery into the battery compartment of a medical battery module and the feature of a liquid-repellent film. Iwasa also teaches their invention minimizes the risk of short circuit between the batteries and a battery chamber accepting the battery housing. The advantages are applicable to Gersin’s battery within a mat with a waterproof exterior cover and rechargeable or replaceable non-rechargeable batteries as the power supply (Figs. 4A-4B with power supply 58, [0021], [0027], [0029]). One of ordinary skill in the art would have found it obvious to have modified Gersin’s medical battery module to use Iwasa’s battery housing and its device-contact interface within the mat to take advantage of a portable battery adaptor that can be freely attached to and detached from a waterproof electronic device with a minimized risk of short circuit between the batteries and a battery chamber accepting the battery housing.
Within the combination, Iwasa teaches the battery is capable of being removed from the battery housing 15 and inserted into the battery housing (Iwasa: [0025], [0028]; Fig. 3).
Regarding claim 13, the combination above teaches the medical battery module of claim 12 and Iwasa of the combination further teaches wherein the battery housing 15 comprises a multi-part housing (Fig 6) that is at least liquid-repellent (Iwasa teaches a waterproof seal 34 is disposed to seal the inside of the battery adapter in a watertight manner which constitutes a waterproof means, therefore it reads on the limitation that it is at least liquid-repellent ([0030]); in addition, Iwasa teaches another waterproof seal 65 for watertight closing between other parts of battery housing 15 ([0044]). The watertight and waterproofing characters read on the housing being at least liquid-repellent.).
Regarding claim 15, the combination above teaches the medical battery module of claim 12 and Iwasa of the combination teaches the battery lid member 26 of the battery adapter 15, i.e. battery housing, is provided with a lock operation member 27 for fixing and opening the battery pack 25 to and from the battery adapter 15 (Figs. 1-3, [0025]). The lock operation member controls the fixing of the battery pack from the adapter body and would correspond to a control unit that is arranged at an outer visible side of the battery housing, as seen in Figs. 1 and 3 of Iwasa.
Regarding claim 16, the combination above teaches the medical battery unit of claim 12 and Iwasa teaches an upper shell (upper curved surface of 60), a lower shell 61, and a cover 26, shown in Fig. 6 reproduced below, the upper shell is physically coupled, i.e., connected, to the lower shell and the cover is releasably coupled to the coupled upper shell and the lower shell by a releasable snap-in connection (Figs. 3 and 6; [0044]). Specifically, Iwasa discloses the snap mechanism by which lock claws 33 engage and disengage from slits 26b and 26c to either lock or unlock the battery lid member 26 from the battery housing 15, and the locking mechanism for the lid enables the cover to be releasably coupled to the upper shell and the lower shell by a releasable snap-in connection ([0040]-[0041]).
Fig. 6 of Iwasa:
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Regarding claim 17, the combination above teaches the medical battery module of claim 16 and Iwasa of the combination teaches wherein the battery 30 is connected to the cover 26 ([0028], Figs. 3-4), and the battery is capable of being removed from the battery housing and inserted into the battery housing 15 together with the cover 26 ([0025], [0045] teaches where the battery lid member (cover) 26 is attached in the battery adapter (housing) 15).
Regarding claim 18, the combination above teaches the medical battery module of claim 17, and Iwasa of the combination further teaches the cover 62 has a frame 36 in which the battery is configured to be arranged ([0032]-[0033]).
Regarding claim 19, the combination above teaches the medical battery module of claim 16 and Iwasa of the combination further teaches a seal is arranged between the cover 26 and the upper shell and the lower shell (Figs. 1, 5-6: seal 34 is arranged between the cover 26 and the upper shell 60 and it is also arranged between the cover 26 and the lower shell 61; [0030], [0046]).
Regarding claim 20, the combination teaches the medical battery module of claim 19, and Iwasa of the combination further teaches the waterproof seal 34 is disposed around the battery lid member 26, i.e. cover, as shown in Figs. 3 and 5, and the seal 34 abuts against a peripheral wall of the adapter 15, i.e. battery housing, to seal the inside of the battery adapter ([0030], [0038]). An outer frame corresponds to the bottom half of 60 as diagrammed below in annotated Fig. 6. A bottom portion of seal 34 would be arranged between the cover 26 and at least a bottom groove of the peripheral wall on the outer frame when the battery pack is inserted into the battery housing. The outer frame as corresponding to the bottom half of 60 physically couples, i.e., connects, the upper shell (upper curved surface of 60) and the lower shell 61.
Annotated version of Fig. 6 of Iwasa:
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Regarding claim 21, the combination teaches the medical battery module of claim 16 and Iwasa of the combination further teaches the battery adapter 15, i.e. battery housing, can be made of plastic ([0026]).
Regarding claim 22, the combination teaches the medical battery module of claim 19 and Iwasa of the combination teaches the cover 26 is provided with a lock operation member 27 for fixing and opening the battery pack 25 to and from the battery adapter 15 body, i.e. battery housing, (Figs. 1-3, [0025]). The lock operation member controls the fixing of the battery pack from the adapter body and corresponds to a control unit. The lock operation member is arranged in a region of the releasable snap-in connection corresponding to the middle region of the cover, and when the battery pack body 30 and cover 26 are assembled into the battery housing 15, the control unit 27 is positioned between a top portion of the upper shell 60 and the bottom portion of the lower shell 61 (Figs. 3 and 6).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) in view of Iwasa (JP 2005019022 A) as applied to claim 16 above, and further in view of Plazarte (US 20200375791 A1, prior US filing date of 2019-05-28). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 23, the combination above teaches the medical battery module of claim 16 but the combination does not further teach wherein the battery housing has a reception space for at least one board on which at least one electronic circuit is provided to communicate with the battery.
In the same field of endeavor, Plazarte shows that the combination of a printed circuit board 135 inside a battery housing 115 with an upper shell, a lower shell, and a cover is a known configuration (Fig. 10; [0041]). Plazarte also discloses that the printed circuit board can be mechanically and electrically connected to a battery, an indicator, and a button that can adjust the temperature of a heat pad ([0042]). Given that the primary reference Gersin teaches the controller 14 is electrically coupled with a power supply ([0021]), user actuated push buttons ([0022]), or heating elements ([0006]), one of ordinary skill in the art at the time of filing would have been motivated to modify the modified battery module of Gersin such that the battery housing has a reception space for at least one board on which at least one electronic circuit is provided to communicate with the battery in order to control and electrically couple the battery to other functions such as user-actuated buttons controlling a heating element. They would recognize that providing the combination of elements in combination would merely provide the predictable result of similar functions as performed separately with expectation of success; see KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, A). Within the combination, the circuit board is taught to be mechanically and electrically connected to the battery ([0043]), therefore it corresponds to the limitation of at least one board on which at least one electronic circuit is provided to communicate with the battery as claimed.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Gersin et al (US 20150040315 A1) as applied to claim 1 above, and further in view of Stefan et al (US 20170135855 A1). Supporting evidence is provided by Twombly, C. “PVC Vinyl Fabrics: What You Need to Know,” 2016.
Regarding claim 24, Gersin teaches the medical battery module of claim 1 but does not teach wherein the module or the battery is configured to output an acoustic signal or a visual signal as soon as a predefined charge state threshold has been undercut.
In the same field of endeavor, Stefan teaches a warming system including a heating pad and a controller (Abstract). Stefan also teaches the warming system, or a component thereof, such as the controller, may comprise a low battery power alert system, whereby a signal may be sent, such as a digital signal or an audible signal, to alert an operator that the battery of the system is low on power ([0029]). Given that Gersin teaches a user interface with a user information display such as an indicator light or a signaling device ([0022]), it would have been obvious to one of ordinary skill in the art at the time of filing to have modified the medical battery module of Gersin to include a feature to alert via audio or digital signal to an operator that the system has low battery power as taught by Stefan, so that the battery can either be charged or replaced, as taught by Gersin in [0021].
Claims 1, 10-12, and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al (US 20210120631 A1 with prior US filing date of 2020-02-17).
Regarding claim 1, Stephens teaches a battery module for a heating mat 10 with an outer sleeve 2 covering and protecting internal components such as a battery pack and heating elements ([0032]). The claimed battery compartment corresponds to the internal space where the battery pack 50 is located and which is bounded by outer sleeve 2, and a battery (within battery pack 50) that is removable from and insertable into the battery compartment via opening 14 (Figs. 2 and 6; [0022], [0032])). Stephens also teaches outer sleeve 2 is liquid repellent ([0024]). Outer sleeve 2 can be described as completely covering the battery compartment (i.e. The internal space of outer sleeve 2) except for the opening 14. (Figure 2) The battery is electrically connectable to a heating support 42 of the vacuum mattress/heating mat ([0034] teaches a battery pack 50 may be connected to the heating elements 42, i.e. heating support).
Stephens also teaches an inner sleeve 20 within the outer sleeve ([0033]), and components that may be provided in the interior of the inner sleeve 20, inclusive of heating elements 42, associated wiring 29, and an insulation layer 48. The insulation layer 48 which can be made of silica aerogel material, such as Pyrogel® HPS, is arranged between the heating element 42 (i.e., heating support) and the lower material sheet 6 of the outer sleeve 2, allowing it to push heat up to an animal on the mat ([0037]-[0039]). The insulation material 48 is a shock-resistant material because it stands up to vibration and provides thermal insulation that would prevent heat-shock. Alternatively, Stephens teaches configurations in which portions of the outer sleeve is filled with conventional insulation materials ([0053]), which would also read on the battery compartment including and being padded with a shock-resistant material, as the insulation material would similarly obviously be expected to prevent heat shock.
Additionally, Stephens teaches the battery pack 50 may be removably mounted on the exterior of the inner sleeve 20, which would indicate that the battery module (battery and battery compartment) is separate (i.e., not in direct contact with) from the heating support 42 provided in the interior of the inner sleeve 20 (Fig. 7; [0037]). Stephens also teaches that the battery module can also lie on the heating support, since the configuration of mounting the battery pack on the upper exterior of the inner sleeve is one of two possible surfaces to mount the battery pack on the exterior of the inner sleeve. In the configuration wherein the battery pack is disposed on the upper exterior of the inner sleeve, the battery pack and the upper side of the battery compartment, i.e. a portion of the battery module, would lie on the heating support.
The preamble is not considered to impart any structure to the claimed medical battery module for vacuum mattress and heating mats, the taught heating mat can also be used for vacuum mattresses and heating mats used for medical purposes.
Regarding claim 10, Stephens teaches the medical battery module of claim 1. Stephens teaches the battery pack 50 is located within the outer sleeve ([0023] and [0032]) of the heating mat 10; therefore, the battery compartment must be disposed on a portion of the heating mat (i.e., the bottom inner layer fabric of the outer sleeve of the heating mat).
Regarding claim 11, Stephens teaches the medical battery module of claim 1, and further teaches the medical battery module is completely sheathed by the liquid-repellent film except for a front side of the battery compartment (Fig. 2; The outer sleeve 2 (liquid-repellent film) has an access end 12 with opening 14 to provide a reversible closure to an interior of the outer sleeve 2, and the side of the battery facing the opening would correspond to a front side of the battery compartment).
Regarding claim 12, Stephens teaches the medical battery module of claim 1, and Stephens further teaches a battery housing within the battery compartment 20 ([0036]). The battery must have been inserted to be used; therefore, it is capable of being inserted into the battery housing. Stephens does not teach permanent fixing of the battery to the battery pack; therefore, the battery is expected to be physically capable of being removed from the battery housing as well. Additionally, one of ordinary skill in the art would have found it obvious to make the battery removable, such as if one need to gain access to the battery for any reason; see MPEP 2144.04 V., C., Making Separable.
Regarding claim 42, as described above in addressing claim 1, the shock-resistant material is provided within the battery compartment (i.e. the interior of outer sleeve 2)
Claims 2 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Stephens et al (US 20210120631 A1 with prior US filing date of 2020-02-17) in view of Nakano et al (WO 2019044415 A1) and Drew et al (US 20190374379 A1, disclosed in the IDS submitted Jan 18, 2023). Supporting evidence is provided by Freelin Wade Company, “Durometer Chart,” 2012, and Special Chem, “Polycarbonate (PC): How to select the right grade?” 2025.
Regarding claim 2, Stephens teaches the medical battery module of claim 1, and further discloses battery housing of the battery pack ([0036]), therefore the battery compartment would be configured to receive a battery housing. As previously noted in addressing the limitations of claim 1, Stephens teaches the space within the outer sleeve can be filled with conventional insulation materials ([0053]), which would read on the battery compartment formed from the shock-resistant material.
However, Stephens does not teach the battery housing is formed from a plastic that is harder than the shock-resistant material.
In the same field of endeavor, Drew teaches polyurethane as an insulation material that is heat shock-resistant for a heating mat ([0016]), and teaches its advantages of conforming to the patient's body, i.e. offers support to the patient's body, and raising a victim's core body temperature at a slow and steady rate in order to reduce the chance of shock and cardiac events ([0016]). One of ordinary skill in the art would have been motivated to use polyurethane for the shock-resistant material because it is known to be a suitable option as a shock-resistant insulation material for a heating mat, and would be expected to improve comfort for the animal, achieve thermal characteristics, and/or provide other characteristics to the mat, which Stephen noted as considerations for the heating mat ([0024]).
In the same field of endeavor, Nakano teaches a battery outer case 4 (Fig. 1) can be molded into a predetermined shape formed of a resin such as polycarbonate or polypropylene (which are plastic materials) with excellent flame retardancy (machine translation [0027]). Nakano further teaches there is risk of fire when batteries short-circuit due to the intrusion of conductive foreign debris into the battery pack through an outlet connected to battery housing ([0004]-[0005]). Stephens teaches that a power cord 28 can be used to supply power to the heating elements from a battery pack 50 ([0034]), which would, in the context of Nakano’s teachings, present a risk of entry of foreign matter and a probability of short-circuit events occurring. One of ordinary skill in the art at the time of filing would have thus been motivated to use battery housing formed from a plastic such as polypropylene and polycarbonate, given they are suitable options for battery housing material and offer excellent flame retardancy. Polypropylene is known to be a generally harder material than polyurethane based on their durometer hardness values (Freelin Wade: p1, Durometer Chart); solid polycarbonate is also known to be the strongest thermoplastic material exhibiting high mechanical retention and is a harder material than polyurethane which Drew taught as conforming, i.e. pliable, to a patient's body (Special Chem: p7 para 1, p4 Table); therefore, the battery housing is formed from a plastic that is harder than the shock-resistant material.
Regarding claim 8, the combination above teaches the medical battery module of claim 2, and also teaches wherein the battery housing comprises a plastic (Nakano teaches the battery housing can comprise of polycarbonate or polypropylene (machine translation [0027])).
Regarding claim 9, the combination above teaches the medical battery module of claim 8 and Nakano of the combination teaches the plastic comprises a material from the group of thermoplastics including polycarbonate or polypropylene.
Response to Arguments
Applicant's arguments filed 26 February 2026 have been fully considered but they are not fully persuasive.
Applicant argues (p. 13 of the response) that Gersin fails to meet the amended claim language requiring that the battery be removable and insertable into the battery compartment via the opening and that the liquid-repellent film completely covers the battery compartment except for the opening. The examiner respectfully disagrees for the reasons given in detail in the rejection above. Specifically, it is the examiner’s position that [0027] and [0029] of Gersin suggest a structure meeting the current limitations of the claim.
Applicant argues (p. 17-18 of the response) that Stephens fails to meet the amended claim language requiring that the battery be removable and insertable into the battery compartment via the opening and that the liquid-repellent film completely covers the battery compartment except for the opening. The examiner again respectfully disagrees for the reasons given in detail in the rejection above. The outer sleeve 2 of Stephens and the insulation layer or insulation materials disclosed are considered to provide a battery compartment meeting the current limitations of the claim.
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 Jeffrey Barton, whose telephone number is (571) 272-1307. The examiner can normally be reached on M-F 9:30 AM – 6:00 PM.
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/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 12 June 2026
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