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 .
Claims 1-9 and 11-21 are pending in the application. Claims 21 is newly added. Claim 10 has been canceled.
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.
Claim(s) 1, 9, 11 and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over the YouTube video of Will Lawson hereinafter referred to as Lawson in view of US Patent 6,847,301 hereinafter referred to as Olson.
Re-Claim 1
Lawson discloses an acquisition apparatus (0:56 “sleep and tracking mat”) for acquiring physiological data of a living being, configured to be installed in a bed with bed frame elements (2:10), the acquisition apparatus comprising an acquisition portion (1:24) which comprises: a sensor (1:24 “pneumatic sensor for measuring respiratory rate to monitor any changes in breathing heartbeats and body movements across the mattress the second is a sound sensor which picks up any audio signals while you sleep, it has specific signals related to snoring so if you have been snoring throughout the night it’ll let you know the next day”) adapted to detect mechanical waves passing through the bedding, a support device (2:18 “slip a flat sheet of cardboard underneath the mat… or anything else you might have that’s flat and sturdy”) comprising at least one rigid panel, configured to support the sensor, the support device being configured to rest on bed frame elements in a configuration of use of the acquisition apparatus in the bed, so that the support device is interposed between the bed frame elements and the sensor (2:22), and a cover enveloping at least the acquisition portion (1:34).
However does not discloses wherein the at least one rigid panel is located within the cover.
Olson teaches an acquisition apparatus 10 comprises: a support device 22 fig.7 comprising at least one rigid panel 22, configured to support a sensor 18 fig.7, the support device being configured to rest on bed elements 28 fig.1 in a configuration of use of the acquisition apparatus in the bed, so that the support device is interposed between the bed frame elements and the sensor, and a cover 10 [column 3 lines 58-59 “The primary waterproofing element is the outer vinyl layer of the pad 10.”] enveloping at least the acquisition portion, wherein the at least one rigid panel is located within the cover (see fig.7).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Lawson and the acquisition apparatus of Olson having an integrated a rigid panel and with a reasonable expectation of success arrived at an acquisition apparatus utilizing a rigid panel within the cover. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of adding rigidity to the apparatus and allowing the apparatus to function on different surfaces and to be effective for lighter weight users as taught in Olson [column 2 lines 17-20].
Re-Claim 9
Lawson as modified by Olson above discloses,
wherein the sensor has a sensor width along a transverse direction and each rigid panel extends, along the transverse direction, over at least 80% of a sensor width (2:22 the at least one rigid panel (cardboard) extends beyond the width of the sensor).
Re-Claim 11
Lawson as modified by Olson above discloses,
wherein the cover is removable (1:34) Lawson.
Re-Claim 14
Lawson as modified by Olson above discloses,
wherein at least one of the at least one rigid panel is solid (cardboard is solid matter Lawson/[column 2 lines 17-20] Olson.
Re-Claim 15
Lawson as modified by Olson above discloses,
wherein at least one of the at least one rigid panel is apertured (2:22 you can see the cardboard is corrugated having hollowed edges Lawson/ the plastic is corrugated [column 2 lines 17-20] Olson).
Re-Claim 16
Lawson as modified by Olson above discloses,
further comprising an electronic unit, configured to process raw data delivered by the sensor (1:30, 1:44 “it will transfer all the data it gathers to the healthmate app”) Lawson.
Re-Claim 17
Lawson as modified by Olson above discloses,
Lawson discloses further comprising a visual marker (1:14, 2:22) indicating to the user a direction of use of the acquisition apparatus, the visual marker and the support device each being on an opposite side of the sensor (2:22).
Re-Claim 18
Lawson as modified by Olson above discloses,
wherein the visual marker is a logo (1:14, 2:22) Lawson.
Re-Claim 19
Lawson as modified by Olson above discloses,
Lawson discloses a kit (0:49) for assembling an acquisition apparatus according to claim 1, the kit comprising the sensor and the support device (2:22).
Re-Claim 20
Lawson as modified by Olson above discloses,
Lawson discloses an assembly comprising a bed frame element (2:10) and an acquisition apparatus (2:22) according to claim 1, wherein the bed frame element comprises two slats (2:10) having a length that extends along a longitudinal direction and spaced apart by an inter-slat distance along a transverse direction, wherein a width of the sensor is greater than the inter-slat distance and/or each rigid panel extends along the transverse direction over a width greater than the inter-slat distance (2:22).
Re-Claim 21
Lawson as modified by Olson above discloses,
wherein the cover comprises an upper face 10 fig.7 Olson configured to be positioned against a mattress and a lower face 10 Olson configured to be positioned against the bed frame elements 28 Olson, the cover being configured to receive the sensor between the upper face and the lower face, and wherein the lower face forms a flexible sheath [column 3 lines 50-column 4 lines 27] Olson defining at least one housing is which the at least one rigid panel is received.
Claim(s) 1, 11, 14-17, 19 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Publication US2015/0141852A1 hereinafter referred to as Dusanter in view of Olson.
Re-Claim 1
Dusanter discloses an acquisition apparatus 1 fig.1 for acquiring physiological data of a living being, configured to be installed in a bed with bed frame elements 11 [0040-0041 “Placed above the detection device 1 is a mattress pad, a mattress topper, a fitted sheet, or other layer 12 on which the individual using the bedding may lie. In another embodiment not shown, the detection device 1 may be installed under the main mattress.”], the acquisition apparatus comprising an acquisition portion 1 fig.2 which comprises: a sensor 2, 3 fig.2 [0044 “a sensing portion 3 comprising at least one inflatable chamber 8 intended to contain a fluid, especially gas, particularly air”] adapted to detect mechanical waves passing through the bedding, the apparatus being configured to rest on bed elements 11 fig.1 in a configuration of use of the acquisition apparatus in the bed and a cover enveloping at least the acquisition portion [0068 “It is also provided that the detection device, or at least the transmitting portion and sensing portion, can be inserted into a removable slipcover (not shown), to allow washing the slipcover independently of the detection device.” Dusanter].
However does not disclose a support device comprising at least one rigid panel, configured to support the sensor, the support device being configured to rest on bed frame elements in a configuration of use of the acquisition apparatus in the bed, so that the support device is interposed between the bed frame elements and the sensor or wherein the at least one rigid panel is located within the cover.
Olson teaches an acquisition apparatus 10 comprises: a support device 22 fig.7 comprising at least one rigid panel 22, configured to support a sensor 18 fig.7, the support device being configured to rest on bed elements 28 fig.1 in a configuration of use of the acquisition apparatus in the bed, so that the support device is interposed between the bed frame elements and the sensor, and a cover 10 [column 3 lines 58-59 “The primary waterproofing element is the outer vinyl layer of the pad 10.”] enveloping at least the acquisition portion, wherein the at least one rigid panel is located within the cover (see fig.7).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Dusanter and the acquisition apparatus of Olson having an integrated a rigid panel and with a reasonable expectation of success arrived at an acquisition apparatus utilizing a rigid panel within the cover. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of adding rigidity to the apparatus and allowing the apparatus to function on different surfaces and to be effective for lighter weight users as taught in Olson [column 2 lines 17-20].
Re-Claim 11
Dusanter as modified by Olson above discloses,
wherein the cover is removable [0068 Dusanter].
Re-Claim 14
Dusanter as modified by Olson above discloses,
Olson teaches wherein at least one of the at least one rigid panel is solid [column 2 lines 17-20].
Re-Claim 15
Dusanter as modified by Olson above discloses,
wherein at least one of the at least one rigid panel is apertured (the plastic is corrugated [column 2 lines 17-20] Olson).
Re-Claim 16
Dusanter as modified by Olson above discloses,
an electronic unit 2 fig.2 Dusanter, configured to process raw data delivered by the sensor [0061 “As illustrated in FIG. 4, the electronic unit 2 comprises a pressure sensor 26, configured for converting signals of pressure (or pressure variations) into electrical signals that can be shaped and be filtered and analyzed by known means in order to derive the heart rate and respiratory rate of the individual.” Dusanter].
Re-Claim 17
Dusanter as modified by Olson above discloses,
Olson teaches a visual marker (see smooth surface fig.3 and 16 fig.4) indicating to the user a direction of use of the acquisition apparatus, the visual marker and the support device each being on an opposite side of the sensor (1:45, 2:26).
Re-Claim 19
Dusanter as modified by Olson above discloses,
a kit for assembling an acquisition apparatus according to claim 1, the kit comprising the sensor and the support device (the claimed kit is inherent in the apparatus of Dusanter in view of Olson).
Re-Claim 21
Dusanter as modified by Olson above discloses,
wherein the cover comprises an upper face 10 fig.7 Olson configured to be positioned against a mattress and a lower face 10 Olson configured to be positioned against the bed frame elements 28 Olson, the cover being configured to receive the sensor between the upper face and the lower face, and wherein the lower face forms a flexible sheath [column 3 lines 50-column 4 lines 27] Olson defining at least one housing is which the at least one rigid panel is received.
Claim(s) 2-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dusanter in view of Olson further in view of US Patent Publication US2006/0123551A1 hereinafter referred to as Hsia.
Re-claim 2
Dusanter in view of Olson disclose the claimed apparatus however does not disclose wherein the acquisition portion extends along a longitudinal direction and the support device comprises a plurality of rigid panels arranged next to each other along the longitudinal axis of the acquisition portion, connected to each other by a folding zone allowing folding of the support device.
Hsia teaches a portion 102 fig.1 extends along a longitudinal direction and a support device 101 fig.1 comprises a plurality of rigid panels 21 fig.2 arranged next to each other along the longitudinal axis of the acquisition portion, connected to each other by a folding zone 221 fig.2 allowing folding of the support device (fig.3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Dusanter as modified by Olson and the pneumatic apparatus having a support device with a plurality of rigid panels of Hsia and with a reasonable expectation of success arrived at an acquisition apparatus utilizing a plurality rigid panel support devices. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of reinforcing a pneumatic apparatus and supporting the user’s weight while still allowing the pneumatic apparatus to be folded as taught by Hsia [0019].
Re-claim 3
Dusanter in view of Olson and Hsia above discloses,
Hsia teaches wherein the plurality of the rigid panels are integrated into a flexible sheath 22 fig.2 Hsia, which extends along the longitudinal direction, wherein areas of the flexible sheath devoid of the plurality of the rigid panels form folding zones (see fig.2 Hsia).
Re-claim 4
Dusanter in view of Olson and Hsia above discloses,
Hsia teaches wherein the flexible sheath forms a plurality of housings 22, with the plurality of the rigid panels inserted into the housings [0034 “As shown in FIG. 2, the reinforcing frame 20 further comprises means 22 for coupling the reinforcing platforms 21 to align with each other in an edge to edge manner so as to ensure the reinforcing platforms 21 to align on the inflatable supporting frame 10 to form the resting surface 201. The coupling means 22 comprises an edge connector 221 connecting two corresponding edges of each two reinforcing platforms 21 together so as to allow the reinforcing platforms 21 to be overlappedly folded together when the inflatable supporting frame 10 is deflated. Accordingly, the edge connector 221 can be an adhesive tape affixing to the edges of the reinforcing platforms 21 or a connecting string sewing along the edges of the reinforcing platforms 21.” Hsia].
Re-claim 5
Dusanter in view of Olson and Hsia above discloses,
wherein each of the plurality of housings receives a single one of the plurality of the rigid panels (see fig. 1 & 2 Hsia).
Re-claim 6
Dusanter in view of Olson and Hsia above discloses the claimed invention except for wherein each rigid panel has a width along a transverse axis orthogonal to the longitudinal axis of between 3 cm and 10 cm (Dusanter disclose the apparatus is at least between 30 cm and 110cm (see fig.8 and [0056 “The distance D, corresponding to the length of the transmitting portion along X, separating the sensing portion 3 from the electronic unit 2, is typically greater than 10 cm. Moreover, this distance D can be chosen so that the electronic unit is suspended against the side of the bed, preferably without dragging on the ground, this distance D possibly being for example less than 60 cm.” 0049 “Similarly, the length L2 may typically be between 20 cm and 50 cm, and preferably between 30 cm and 40 cm.”] and Hsia discloses the use of 12 rigid panels meaning in view of the teaching of Hsia each panel would be between 2.5cm and 9.17cm in width). It would have been obvious matter of design choice to select the width of the rigid panels to be between 3 cm and 10 cm, since such a modification would have involved a mere change in the relative dimensions of a component. A change is relative dimension is generally recognized as being within the level of ordinary skill in the art. In re Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Re-claim 7
Dusanter in view of Olson and Hsia above discloses,
wherein the acquisition apparatus is configured to be folded into a storage configuration of the acquisition apparatus (see fig.3 & [0037 “When the parent needs to transport or store the foldable mattress, he/she can simply release the air within the air chamber 11 through the air valve 12 so as to deflate the inflatable supporting frame 10. After that, the reinforcing platforms 21 are adapted to be overlappedly folded to form a compact structure for transportation or storage purpose, as shown in FIG. 3.” Hsis and [0019 “When in its deflated state, the device is in the form of a flexible sheet that is foldable, can be rolled up, and is washable. This yields a small volume for the storage and/or delivery of the detection device.” Dusanter]).
Re-claim 8
Dusanter in view of Olson and Hsia above discloses,
Dusanter discloses wherein the sensor comprises a pneumatic chamber 8 fig.2, coupled to a pump 9 fig.4 and a discharge valve 90 fig.4, the pneumatic chamber being configured to be inflated in the use configuration and to be deflated in the storage configuration.
Re-claim 9
Dusanter in view of Olson and Hsia above discloses,
wherein the sensor has a sensor width along a transverse direction and each rigid panel extends, along the transverse direction, over at least 80% of a sensor width (Hsia fig.1 teaches the rigid panel is the same width as the pneumatic portion).
Re-claim 12
Dusanter in view of Olson and Hsia above discloses,
further comprising a cover [0068] Dusanter/ [column 3 lines 50-column 4 lines 27] Olson an enveloping at least the acquisition portion, wherein the cover comprises a top face, to be positioned against the mattress and a bottom face, to be positioned against the bed frame elements, the cover being configured to receive the sensor between the top face and the bottom face, and wherein the flexible sheath forms the bottom face of the cover (see fig.7 Olson).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dusanter in view of Olson further in view of US Patent Publication US2015/0128354A1 hereinafter referred to as Greenstein.
Dusanter in view of Olson disclose the claimed apparatus however does not disclose further comprising at least one attachment, the at least one attachment being configured to be attached to bed frame elements.
Greenstein teaches an acquisition apparatus 5000 fig.3a, 3b further comprising at least one attachment 5200 fig.3a, 3b, the at least one attachment being configured to be attached to bed frame elements [0077 “A feature of the embodiment of the mat 5000 is that the cover mat 5500 may include a coupling mechanism for securing the mat to a seat or a back of a mattress, a bed, a chair, a bench, a sofa, a wheelchair or the like. The coupling mechanism may include for example at least one strap 5200 having an attachment means 5240 configured to secure the straps 5200 to the seat or to each other such that the pressure detection mat is held securely. This may be useful to prevent folding, wrinkling or other movement of the detection mat which may contribute to the creation of shear forces which are known to encourage the formation of external pressure sores.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Dusanter as modified by Olson and the acquisition apparatus having at least one attachment of Greenstein and with a reasonable expectation of success arrived at an acquisition apparatus having at least on attachment. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of securing the acquisition apparatus to a seat or a back of a mattress, a bed, a chair, a bench, a sofa, a wheelchair or the like and preventing folding, wrinkling or other movement of the acquisition apparatus as taught by Greenstein [0077].
Claim(s) 2-7 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Olson further in view of Hsia.
Re-Claim 2
Lawson as modified by Olson above disclose the claimed apparatus however does not disclose wherein the acquisition portion extends along a longitudinal direction and the support device comprises a plurality of rigid panels arranged next to each other along the longitudinal axis of the acquisition portion, connected to each other by a folding zone allowing folding of the support device.
Hsia teaches a portion 102 fig.1 extends along a longitudinal direction and a support device 101 fig.1 comprises a plurality of rigid panels 21 fig.2 arranged next to each other along the longitudinal axis of the acquisition portion, connected to each other by a folding zone 221 fig.2 allowing folding of the support device (fig.3).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Lawson as modified by Olson and the pneumatic apparatus having a support device with a plurality of rigid panels of Hsia and with a reasonable expectation of success arrived at an acquisition apparatus utilizing a plurality rigid panel support devices. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of reinforcing a pneumatic apparatus and supporting the user’s weight while still allowing the pneumatic apparatus to be folded as taught by Hsia [0019].
Re-claim 3
Lawson as modified by Olson and Hsia above discloses,
Hsia teaches wherein the plurality of the rigid panels are integrated into a flexible sheath 22 fig.2 Hsia, which extends along the longitudinal direction, wherein areas of the flexible sheath devoid of the plurality of the rigid panels form folding zones (see fig.2 Hsia).
Re-claim 4
Lawson as modified by Olson and Hsia above discloses,
Hsia teaches wherein the flexible sheath forms a plurality of housings 22, with the plurality of the rigid panels inserted into the housings [0034 “As shown in FIG. 2, the reinforcing frame 20 further comprises means 22 for coupling the reinforcing platforms 21 to align with each other in an edge to edge manner so as to ensure the reinforcing platforms 21 to align on the inflatable supporting frame 10 to form the resting surface 201. The coupling means 22 comprises an edge connector 221 connecting two corresponding edges of each two reinforcing platforms 21 together so as to allow the reinforcing platforms 21 to be overlappedly folded together when the inflatable supporting frame 10 is deflated. Accordingly, the edge connector 221 can be an adhesive tape affixing to the edges of the reinforcing platforms 21 or a connecting string sewing along the edges of the reinforcing platforms 21.” Hsia].
Re-claim 5
Lawson as modified by Olson and Hsia above discloses,
wherein each of the plurality of housings receives a single one of the plurality of the rigid panels (see fig. 1 & 2 Hsia).
Re-claim 6
Lawson as modified by Hsia above discloses the claimed invention except for wherein each rigid panel has a width along a transverse axis orthogonal to the longitudinal axis of between 3 cm and 10 cm (Lawson disclose the apparatus is 63cm (1:19 “630 mm long or 25 inches”) and Hsia discloses the use of 12 rigid panels meaning in view of the teaching of Hsia each panel would be around 5.3 cm in width). It would have been obvious matter of design choice to select the width of the rigid panles to be between 3 cm and 10 cm, since such a modification would have involved a mere change in the relative dimensions of a component. A change is relative dimension is generally recognized as being within the level of ordinary skill in the art. In re Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Re-claim 7
Lawson as modified by Olson and Hsia above discloses,
wherein the acquisition apparatus is configured to be folded into a storage configuration of the acquisition apparatus (see fig.3 & [0037 “When the parent needs to transport or store the foldable mattress, he/she can simply release the air within the air chamber 11 through the air valve 12 so as to deflate the inflatable supporting frame 10. After that, the reinforcing platforms 21 are adapted to be overlappedly folded to form a compact structure for transportation or storage purpose, as shown in FIG. 3.” Hsis and 0:56 Lawson (the mat is shown in a folded configuration stored in packaging)).
Re-claim 12
Lawson as modified by Olson and Hsia above discloses,
further comprising a cover (1:34 Lawson/ [column 3 lines 50-column 4 lines 27] Olson) enveloping at least the acquisition portion, wherein the cover comprises a top face, to be positioned against the mattress and a bottom face, to be positioned against the bed frame elements, the cover being configured to receive the sensor between the top face and the bottom face, and wherein the flexible sheath forms the bottom face of the cover (2:22 Lawson/ fig.7 Olson).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Olson further in view of Dusanter.
Lawson as modified by Olson above disclose the claimed apparatus however does not wherein the sensor comprises a pneumatic chamber, coupled to a pump and a discharge valve, the pneumatic chamber being configured to be inflated in the use configuration and to be deflated in the storage configuration.
Dusanter teaches an acquisition apparatus 1 fig.2 wherein the sensor 2, 3 fig.2 comprises a pneumatic chamber 8 fig.2, coupled to a pump 9 fig.4 and a discharge valve 90 fig.4, the pneumatic chamber being configured to be inflated in the use configuration and to be deflated in the storage configuration.
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Lawson as modified by Olson and the acquisition apparatus of Dusanter having a pneumatic sensor and with a reasonable expectation of success arrived at an acquisition apparatus having pneumatic chamber, coupled to a pump and a discharge valve. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of capturing data relevant to the individual's movements and allow determining by ballistography pressure changes induced by the individual's movements, the heart rate and respiratory rate of the individual, which can be used to track sleep patterns as taught by Dusanter [0039].
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lawson in view of Olson further in view of Greenstein.
Lawson as modified by Olson disclose the claimed apparatus however does not disclose further comprising at least one attachment, the at least one attachment being configured to be attached to bed frame elements.
Greenstein teaches an acquisition apparatus 5000 fig.3a, 3b further comprising at least one attachment 5200 fig.3a, 3b, the at least one attachment being configured to be attached to bed frame elements [0077 “A feature of the embodiment of the mat 5000 is that the cover mat 5500 may include a coupling mechanism for securing the mat to a seat or a back of a mattress, a bed, a chair, a bench, a sofa, a wheelchair or the like. The coupling mechanism may include for example at least one strap 5200 having an attachment means 5240 configured to secure the straps 5200 to the seat or to each other such that the pressure detection mat is held securely. This may be useful to prevent folding, wrinkling or other movement of the detection mat which may contribute to the creation of shear forces which are known to encourage the formation of external pressure sores.”].
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined the acquisition apparatus of Lawson as modified by Olson and the acquisition apparatus having at least one attachment of Greenstein and with a reasonable expectation of success arrived at an acquisition apparatus having at least on attachment. One of ordinary skill in the art would have been motivated to make such a combination for the purpose of securing the acquisition apparatus to a seat or a back of a mattress, a bed, a chair, a bench, a sofa, a wheelchair or the like and preventing folding, wrinkling or other movement of the acquisition apparatus as taught by Greenstein [0077].
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 and 11-21 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.
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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/IFEOLU A ADEBOYEJO/Examiner, Art Unit 3679
/Matthew Troutman/Supervisory Patent Examiner, Art Unit 3679
Prosecution Insights