DETAILED ACTION
This action is a response to the filing on 2/17/2026. Examiner acknowledges the amendments made to claims 16, 18, and 20.
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 Arguments
Applicant's arguments with regards to the prior art rejections of claims 1-20 filed 2/17/2026 have been fully considered but they are not persuasive.
Applicant argues that the claimed invention is not taught by the prior art, specifically that the art does not disclose the inlet and outlets. Examiner disagrees. While the invention in Applicant’s specification and drawings are clearly different that the art, the only requirement noted in the claimed filtration system is an inlet and outlet. There is no mention of a filter, a pump/blower/vacuum, or other specifics. The claim does not specify where or what part the inlet is on, the inlet’s location relative to the enclosure, or how the air moves through the inlet to perform the task. Thus, the inlet port (146) to the vacuum would meet the inlet requirements as it pulls air into the interior via vacuum pressure and the outlet is the end of the hose 148 that feeds into the vacuum as the vacuum would be exterior of the enclosure. It is also noted that the claimed filtration system, as currently claimed, does not actually have components to perform the filtering function for filtering air of a process for filtering so the “filtered air” could be the air outside the enclosure which allows the currently applied art to meet the limitations of the claims.
Amending the claims to reflect the differences noted by Examiner and/or shows details in paragraphs 36-37 and figure 2 of Applicant’s specification and drawings, such as the air pump, the location of the air pump relative to the isolation unit, and/or how the air moves through the air filtration system, would potentially overcome the currently applied rejection, but would necessitate further search and consideration.
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) 1-4, 6, 8, 10, 16, and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,969,346 (Perlatti).
Regarding Claim 1, Perlatti discloses a patient isolation unit (isolation chamber 100, Fig. 5), comprising:
an enclosure (flexible enclosure 102, Fig. 5) comprised of a pathogen impermeable material compatible with one or more imaging systems (col.7, lines 1-3 , as enclosure 102 is made from the same material as enclosure 12; see also col. 3, lines 15-17, as enclosure 12 is made of PVC; see also Applicant's specification at [32], [34], and [48], as PVC is listed among materials suitable for the disclosed enclosure and the enclosure of Perlatti may be made from materials that are non-metallic and are not dense, thereby yielding them compatible with one or more imaging systems as described by Applicant); and
an air filtration system coupled to the enclosure (HEPA vacuum 150, inlet (144) and hose (148); Fig. 6; see also col. 9, lines 31-34 and 41-49);
wherein the air filtration system includes an inlet to supply filtered air to an interior of the enclosure (at least one port 144, Figures 5 and 6; col. 9, lines 31-34 and lines 41-49) and an outlet to exhaust filtered air to an exterior of the enclosure (col. 9, lines. 41-49; end of hose (148)).
Regarding Claim 2, Perlatti discloses the patient isolation unit of claim 1, wherein the enclosure includes:
a base (bottom 104, Fig.5);
a first end wall coupled to a first end of the base (first end 108, Fig. 5);
a second end wall coupled to a second end of the base (second end 110, Fig. 5); and
a cover (lid 106, Fig. 5) coupled to a first side of the base, a second side of the base, the first end wall and the second end wall for substantially enclosing a patient therein between the base, the first end wall, and the second end wall for use on a medical imaging system (Fig. 5; see also col. 7, lines 9-25, as the lid is attached to the base by sewing or stitching or may be RF welded, either of which would yield the enclosure compatible for use on a medical imaging system, as no metal or other dense material is incorporated).
Regarding Claim 3, Perlatti discloses the patient isolation unit of claim 2, wherein the enclosure further includes a pad positioned on top of the base (network of webbing and pockets 132,134,136,138; Fig. 5, as "top," is defined relative to the orientation of the structure, and no limiting or defining structure is recited for the claimed pad).
Regarding Claim 4, Perlatti discloses the patient isolation unit of claim 1, wherein the enclosure is made of a flexible material (col. 6, line 67-col. 7, line 3, as enclosure 102 is defined as a flexible enclosure; see also col. 3, Ins. 10-17).
Regarding Claim 6, Perlatti discloses the patient isolation unit of claim 1, wherein the enclosure is made of a rigid material (col. 7, line 67-col. 8, line 6, as the plurality of ribs maintain structure of the enclosure).
Regarding Claim 8, Perlatti discloses the patient isolation unit of claim 2, wherein the base, the first end wall, the second end wail, and the cover mate with one another in a sealed configuration (Fig. 5; see also col. 8, lines 36-42).
Regarding Claim 10, Perlatti discloses the patient isolation unit of claim 1, wherein the enclosure has a semi-cylindrical shape (Fig. 5).
Regarding Claim 16, Perlatti discloses a system (isolation chamber 100, Fig. 5), comprising:
a base (bottom 104, Fig.5);
a first end wall coupled to a first end of the base (first end 108, Fig. 5);
a second end wall coupled to a second end of the base (second end 110, Fig. 5); and
a cover (lid 106, Fig. 5) coupled to a first side of the base, a second side of the base, the first end wall and the second end wall for substantially enclosing a patient therein between the base, the first end wall, and the second end wall for use on a medical imaging system (Fig. 5; see also col, 7, lines 9-25, as the lid is attached to the base by sewing or stitching or may be RF welded, either of which would yield the enclosure compatible for use on a medical imaging system, as no metal or other dense material is incorporated) and
an air filtration system coupled to the enclosure (HEPA vacuum 150, inlet (144) and hose (148); Fig. 6; see also col. 9, lines 31-34 and 41-49) wherein the air filtration system includes an inlet to supply filtered air to an interior of the enclosure (at least one port 144, Figures 5 and 6; col. 9, lines 31-34 and lines 41-49) and an outlet to exhaust filtered air to an exterior of the enclosure (col. 9, lines. 41-49; end of hose (148)).
Regarding Claim 17, Perlatti discloses the system of claim 16, further comprising a cart to provide transport of the system to an imaging system (col. 6, lines 53-57, as the isolation chamber is configured for use with a stretcher with railings, such as a hospital-type stretcher. Such a stretcher constitutes a cart capable of providing transport.).
Claim(s) 1, 5, 7, 9, and 11-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,245,713 (Paschal, Jr et al., hereinafter Paschal).
Regarding Claim 1, Paschal discloses a patient isolation unit (emergency personal isolation and containment (EPIC) pod 10; Fig. 2) comprising:
an enclosure (elongated tube 12; Fig. 2) comprised of a pathogen impermeable material (air impervious polymeric sheet material 11; col. 4, lines 51-55) compatible with one or more imaging systems (col. 4, lines 51-61, as sheet material 11 is transparent to diagnostic instrumentalities including X-Ray, MRI, ultrasound, etc.); and
an air filtration system coupled to the enclosure (two Heimlich valves 22; col. 5, lines 63-67; see also Figures 2 and 3);
wherein the air filtration system includes an inlet to supply filtered air to an interior of the enclosure (valve 22 positioned at the head end of the pod; col. 5, lines 64-67; see also Figures 2 and 3) and an outlet to exhaust filtered air to an exterior of the enclosure (valve 22 at the foot end; col. 5, lines 64-67).
Regarding Claim 5, Paschal discloses the patient isolation unit of claim 1, wherein the enclosure is made of a semirigid material (col. 4, line 55-col. 5, line 2, as sheet material 11, while described as flexible also includes reinforcing elements in the form or reinforcing strips or ribs that reinforce the underside or patient-supporting segment of the pod).
Regarding Claim 7, Paschal discloses the patient isolation unit of claim 1, wherein the enclosure is configured to fit into a bore of a medical imaging system (Figures 1-3, see also col. 6, lines 63-67, as the entire structure is capable of being disposed atop a conventional stretcher S to be supported by handholds. Such a structure would be capable of fitting into the bore of an imaging system).
Regarding Claim 9, Paschal, Jr. discloses the patient isolation unit of claim 1, wherein the enclosure is made of a pathogen impermeable material (col. 4, lines 51-55, as polymeric sheet material 11 is air impervious polyethylene, and polyethylene is listed by Applicant among acceptable materials for the enclosure at [32] of Applicant's specification).
Regarding Claim 11, Paschal discloses the patient isolation unit of claim 1, wherein the air filtration system includes an air intake filter positioned at and coupled to a first end of the enclosure (valve 22 positioned at the head end of the pod; col. 6, lines 19-22).
Regarding Claim 12, Paschal discloses the patient isolation unit of claim 11, wherein the air filtration system further includes an air exhaust filter positioned at and coupled to a second end of the enclosure (valve 22 at the foot end; col. 5, lines 64-67; see also. col. 6, lines 11-24).
Regarding Claim 13, Paschal discloses the patient isolation unit of claim 12, wherein the air filtration system further includes an air pump coupled to the enclosure (col. 6, lines 3-6, as blower 24 comprises a motor driven pump).
Regarding Claim 14, Paschal, Jr. discloses the patient isolation unit of claim 13, wherein the air pump is battery powered (col. 6, lines 6-7, as the pump may be battery powered).
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 6,969,346 (Perlatti) as applied to claim 2 above, and further in view of US 8,245,713 (Paschal, Jr et al., hereinafter Paschal).
Regarding Claim 15, Perlatti discloses the patient isolation unit of claim 2, but fails to explicitly disclose that the cover includes a plurality of built-in gloves formed along the length of the cover. Paschal. is in the field of isolation and containment pods (col. 4, lines 42-44) and teaches including a plurality of built-in gloves formed along the length of the cover of an isolation pod (ported isolation tear resistant gloves 19, Fig. 2). Paschal states that this allows for patient treatment without exposure of the patient to the ambient environment (col. 6, lines 39-41).
Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to modify the cover of Perlatti to include a plurality of built-in gloves formed along the length of the cover, as taught by Paschal, in order to allow for patient treatment without exposure of the patient to the ambient environment.
Claim(s) 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 3,678,921 (Brendgord et al., hereinafter Brendgord) in view of US 6,969,346 (Perlatti).
Regarding Claim 18, Brendgord discloses a patient isolation unit (portable enclosure illustrated in Figures 1 and 2), comprising:
a head enclosure (Fig. 2, portion of portable enclosure disposed between support rods 13) comprised of a pathogen impermeable material (bag 14, col. 2, lines 41-43; see also col. 1, lines 14-19, as the portable enclosure provides an atmosphere that is germ-free, free of contamination, and provides the capability of moving the patient without microbiologically contamination their environment) compatible with one or more imaging systems (Fig. 5; see also, col. 3, lines 24-26; see also col. 1, lines 40-44, as a patient may be X-rayed while disposed within the enclosure); and
a body enclosure coupled to the head enclosure (Figures 1, 2, and 5, portion of portable enclosure disposed between frame 12 and support rod 13 positioned directly above litter 16) and comprised of a pathogen impermeable material (bag 14, col.2, lines 41-43; see also col. 1, lines 14-19, as the portable enclosure provides an atmosphere that is germ-free, free of contamination, and provides the capability of moving the patient without microbiologically contamination their environment) compatible with one or more imaging systems (Fig. 5; see also, col. 3, Ins. 24-26; see also col. 1, lines 40-44, as a patient may be X-rayed while disposed within the enclosure).
However, Brendgord does not the teach an air filtration system. In a related area, Perlatti discloses a patient isolation unit (isolation chamber 100, Fig. 5), comprising:
an enclosure (flexible enclosure 102, Fig. 5) comprised of a pathogen impermeable material compatible with one or more imaging systems (col.7, lines 1-3 , as enclosure 102 is made from the same material as enclosure 12; see also col. 3, lines 15-17, as enclosure 12 is made of PVC; see also Applicant's specification at [32], [34], and [48], as PVC is listed among materials suitable for the disclosed enclosure and the enclosure of Perlatti may be made from materials that are non-metallic and are not dense, thereby yielding them compatible with one or more imaging systems as described by Applicant); and
an air filtration system coupled to the enclosure (HEPA vacuum 150, inlet (144) and hose (148); Fig. 6; see also col. 9, lines 31-34 and 41-49);
wherein the air filtration system includes an inlet to supply filtered air to an interior of the enclosure (at least one port 144, Figures 5 and 6; col. 9, lines 31-34 and lines 41-49) and an outlet to exhaust filtered air to an exterior of the enclosure (col. 9, lines. 41-49; end of hose (148)).
Perlatti states that the port on the enclosure is used for providing ventilation via an air filtration system (the HEPA vacuum and inlet and outlet ports on the hose). Thus, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to modify the unit of Brendgord to include an air filtration system taught by Perlatti in order to provide ventilation in the enclosure.
Regarding Claim 19, Brendgord and Perlatti disclose the patient isolation unit of claim 18, wherein the body enclosure includes sleeve members extending from the body enclosure to accommodate a patient's arms therein (Fig. 1, elongated sleeve structures extending from openings 30, as the noted structures arc capable of accommodating the patient's arms thererin).
Regarding Claim 20, Brendgord and Perlatti disclose the patient isolation unit of claim 18, further comprising an air filtration system coupled to the head enclosure (col. 3, Ins. 20-30, as a filtration system that allows air to flow into the head end of the isolator bag constitutes a coupling of the system to the head end of the bag).
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 JOSHUA DARYL DEANON LANNU whose telephone number is (571)270-1986. The examiner can normally be reached Monday-Thursday 8 AM - 5 PM, Friday 8 AM -12 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles Marmor can be reached at (571) 272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA DARYL D LANNU/Examiner, Art Unit 3791
/CARRIE R DORNA/Primary Examiner, Art Unit 3791
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