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 argues that the color coding provides a functional relationship by reducing user error and facilitating correct connection of tubing and chambers. However, Kupier and Hensley explicitly teaches color-coding of tubing and/or associated inflatable components to distinguish between different inflation pathways. Such color coding inherently serves the purpose of identifying corresponding components and facilitating correct operation.
While Kupier does not explicitly disclose specific colors recited, the selection of particular colors constitutes a matter of design choice, as any set of distinguishable colors would achieve the same purpose of visual differentiation.
Furthermore, even if the color coding is interpreted as conveying information to a user such color coding constitutes non-functional descriptive material. The colors themselves do not alter the structural or operational characteristics of the inflatable device, but instead merely provide visual indicia for human interpretation. As set forth in MPEP 2111.05, where a claimed feature merely conveys information without a functional relationship to the underlying substrate, the feature is not entitled to a patentable weight.
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) 1-3, 7-9, 11, and 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20060179573 issued to Nissen in view of U.S. Publication No. 20180311089 issued to Sachdev further in view of U.S. Publication No. 20190133857 issued to Kuiper further in view of U.S. Publication No. 20020108177 issued to Hensley.
Regarding claim 1,
Nissen discloses an inflatable device for patient positioning, (Nissen: FIG. 4) the inflatable device comprising ;a first inflation chamber subsystem, the first inflation chamber subsystem comprising a first inflation chamber, (Nissen: FIG. 4 (44) refer also to [0026] “a head tilt adjustment inflatable section 44…”) … and first tubing; (Nissen: FIG. 4 (44)) a second inflation chamber subsystem, the second inflation chamber subsystem comprising a second inflation chamber, (Nissen: FIG. 4 (36, 38) refer also to [0026] “Back support inflatable sections 36 and 38”)… and second tubing; (Nissen: FIG. 4 (36, 38) )) and a third inflation chamber subsystem, the third inflation chamber subsystem comprising a third inflation chamber, (Nissen: FIG. 4 (42, 40, 46, 48) refer also to [0026] “first and second base support inflatable sections 40 and 42” and “first and second head rest inflatable sections 46 and 48,”) … and third tubing, (Nissen: FIG. 4 (42, 40, 46, 48) ) …
Nissen does not appear to disclose a first tubing connection structure embedded in the first inflation chamber, a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, … wherein: at least a portion of the first inflation chamber subsystem is conspicuously marked with a first color; at least a portion of the second inflation chamber subsystem is conspicuously marked with a second color; at least a portion of the third inflation chamber subsystem is conspicuously marked with a third color; and the first, second, and third colors are distinct.
However, Sachdev discloses a first tubing connection structure embedded in the first inflation chamber, and first tubing; a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, and third tubing (Sachdev: FIG. 3 (40, 41, 42) see also [0036] “As shown three gas tubes 40, 41, 42 and preferably arranged in parallel such that the ends of the tubes exit off of the bottom board 30 and may attach to the air tube 50.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen directed to a patient support by embedding three tubes within the inflation subchambers as taught in Sachdev directed to a portable cushion since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for the inflation chambers to be independently inflated from one another as suggested in Nissen (Nissen: Abstract).
Nissen in view of Sachdev does not appear to disclose wherein: at least a portion of the first inflation chamber subsystem is conspicuously marked with a first color; at least a portion of the second inflation chamber subsystem is conspicuously marked with a second color; at least a portion of the third inflation chamber subsystem is conspicuously marked with a third color; and the first, second, and third colors are distinct; the first, second, and third tubing are configured to attach to a controller configured to inflate and deflate, independently, the first, second, and third inflation chambers;and the first, second, and third colors are provided on portions of the controller that are configured to connect to or control inflation of the first, second, and third inflation chambers, respectively.
However, Kupier discloses the first, second, and third tubing are configured to attach to a controller configured to inflate and deflate, independently, the first, second, and third inflation chambers;and the first, second, (Kupier: [0129] )
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen in view of Sachdev by color coding the tubes as taught in Kupier directed to a bladder support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of distinguishing the respective tubes of their respective inflatable chambers and thereby facilitate correct identification and reduce the likelihood of user error in a multi-chamber inflation system.
Nissen in view of Sachdev in view of Kupier does not appear to disclose the first, second, and third colors are provided on portions of the controller that are configured to connect to or control inflation of the first, second, and third inflation chambers, respectively.
However, Hensley discloses the first, second, and third colors are provided on portions of the controller that are configured to connect to or control inflation of the first, second, and third inflation chambers, respectively. (Hensley: [0024] discusses the inlets and outlets being color coded “The riser tubes 80, electrical conduits 82, the manifold assemblies 86, the gas and vacuum outlets 52, electric outlets 54, the supply hoses 110 and electric cables are all preferably color coded and labeled per the industry standard to avoid connection errors.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen in view of Sachdev in view of Kupier directed to by color coding the ports as taught in Hensley directed to a gas delivery system for a table since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result “avoiding connection errors”.
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose wherein: at least a portion of the first inflation chamber subsystem is conspicuously marked with a first color; at least a portion of the second inflation chamber subsystem is conspicuously marked with a second color; at least a portion of the third inflation chamber subsystem is conspicuously marked with a third color; and the first, second, and third colors are distinct;
However, the examiner notes that having a different color in the inflation chambers does not functionally distinguish from the prior art and after careful review of the claims, do not appear to have a functional purpose in the invention other than to color code the inflatable chambers. See MPEP 2111.05 “Where a product merely serves as a support for printed matter, no functional relationship exists. These situations may arise where the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product. For example, a hatband with images displayed on the hatband but not arranged in any particular sequence was found to only serve as support and display for the printed matter. See Gulack, 703 F.2d at 1386, 217 USPQ at 404.” Another such example of showing a functional relationship exist would can also be found in MPEP 2111.05 “… a claim to a color-coded indicia on a container in which the color indicates the expiration date of the container may give rise to a functional relationship. The claim may, however, be anticipated by prior art that reads on the claimed invention, or by a combination of prior art that teaches the claimed invention.” The examiner notes that the color coding as claimed by the applicant does not appear to be in a functional relationship with the rest of the structure and only serves for “conveying a message”. Therefore the examiner is not giving patentable weight to the colors unless the applicant claims a functional relationship between the colors and the structure of the invention.
It is further noted that Kupier and Hensley teaches color coded tubes and ports associated with their respective inflatable chambers to facilitate identification and reduce user error. It would have been obvious to apply corresponding color coding to the associated inflatable chambers themselves so that the visual identification of teach chamber corresponds directly with the associated tubing and control input, thereby providing a consistent and intuitive mapping across the system.
Regarding claim 2,
Nissen in view of Sachdev in view of Kupier and Hensley discloses the inflatable device of claim 1, wherein: the first inflation chamber comprises at least one first inflatable cylindrical structure; (Nissen: FIG. 4 (44)) the second inflation chamber comprises a second plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (36, 38)) the third inflation chamber comprises a third plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (42, 40, 46, 48) ) the plurality of second inflatable cylindrical structures are fluidly connected to each other; and the plurality of third inflatable cylindrical structures are fluidly connected to each other. (The examiner notes that the combination of Nissen and Sachdev read on this limitation since Sachdev teaches tube connections to multiple bladders and Nissen teaches independently inflatable sections as outlined above.)
Regarding claim 3,
Nissen in view of Sachdev in view of Kupier and Hensley discloses the inflatable device of claim 2, wherein: the at least one first inflatable cylindrical structure consists of one distinct cylindrical structures; (Nissen: FIG. 4 (44)) the at least one second inflatable cylindrical structure consists of two distinct cylindrical structures; (Nissen: FIG. 4 (36, 38) )) and the at least one third inflatable cylindrical structure consists of four distinct cylindrical structures. (Nissen: FIG. 4 (42, 40, 46, 48) )
Regarding claim 7,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 1, wherein: the first tubing is connected to the first tubing connection structure; the second tubing is connected to the second tubing connection structure; the third tubing is connected to the third tubing connection structure; … (The examiner notes that Nissen in view of Sachdev in view of Kupier in view of Hensley reads on this limitation since Sachdev teaches interconnected bladders via tubes and Nissen teaches independently inflatable bladders) the first tubing is tinted with the first color; the second tubing is tinted with the second color; and the third tubing is tinted with the third color. (Kupier: [0129])
Regarding claim 8,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 1, wherein: the first tubing is connected to the first tubing connection structure; the second tubing is connected to the second tubing connection structure; the third tubing is connected to the third tubing connection structure; … (The examiner notes that Nissen in view of Sachdev reads on this limitation since Sachdev teaches interconnected bladders via tubes and Nissen teaches independently inflatable bladders) the first tubing is conspicuously marked with the first color at an end opposite the first tubing connection structure; the second tubing is conspicuously marked with the second color at an end opposite the second tubing connection structure; and the third tubing is conspicuously marked with the third color at an end opposite the third tubing connection structure. (Kupier: [0129])
Regarding claim 9,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 3, wherein: the first tubing is connected to the first tubing connection structure; the second tubing is connected to the second tubing connection structure; the third tubing is connected to the third tubing connection structure; … (The examiner notes that Nissen in view of Sachdev in view of Kupier in view of Hensley reads on this limitation since Sachdev teaches interconnected bladders via tubes and Nissen teaches independently inflatable bladders) the first tubing is tinted with the first color; the second tubing is tinted with the second color; and the third tubing is tinted with the third color. (Kupier: [0129])
Regarding claim 12,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 5, the inflatable device of claim 1, wherein: the first inflation chamber comprises at least one first inflatable cylindrical structure; (Nissen: FIG. 4 (44)) the second inflation chamber comprises a second plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (36, 38) the third inflation chamber comprises a third plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (42, 40, 46, 48) ) …
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose an end of the first inflatable cylindrical structure on a first side of the inflatable device is marked with the first color; and an end of at least one of the second plurality of inflatable cylindrical structures on the first side of the inflatable device is marked with the second color; and an end of at least one of the third plurality of inflatable cylindrical structures on the first side of the inflatable device is marked with the third color.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded inflatable structures, furthermore it would have been obvious to color code the bladders as explained in claim 1.
Regarding claim 14,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 1, wherein the first inflation chamber is configured to position a patient's head and neck based on its inflation level; (Nissen: FIG. 4 (44)) the second inflation chamber is configured to position a patient's back and shoulders based on its inflation level; (Nissen: FIG. 4 (36, 38)) and the third inflation chamber is configured to position a patient's thorax based on its inflation level. (Nissen: FIG. 4 (42, 40, 46, 48) )
Regarding claim 15,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 14.
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose wherein: the first color is green; the second color is yellow; and the third color is blue.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded inflatable structures, furthermore it would have been obvious to color code the bladders as explained in claim 1.
Regarding claim 16,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 3.
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose wherein: the first color is green; the second color is yellow; and the third color is blue;
However, as explained in claim 1, the examiner is not giving patentable weight to color coded inflatable structures, furthermore it would have been obvious to color code the bladders as explained in claim 1.
Regarding claim 18,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 1, further comprising: a tail; (Nissen: FIG. 4 (18)) and a fourth inflation chamber subsystem, the fourth inflation chamber subsystem comprising a fourth inflation chamber, a fourth tubing connection structure, (The examiner notes that Sachdev discloses tubing connection structures and Nissen discloses the inflatable chambers as well as an airline 69, the combination of these two references teaches this feature.) and fourth tubing, wherein: the fourth inflation chamber and the tail are configured such that the fourth inflation chamber may be secured at multiple positions along a length of the tail; (Nissen: FIG. 5 (90, 92) see also [0028] “Independently inflatable cylinder or pocket 92 positioned within anchoring means 18 can also be configured of various shapes and sizes depending on the size of the patient being treated. Regardless of the shape or size, independently inflatable cylinder or pocket 92 is generally positioned on right side 98 of pillow 10 as depicted in FIG. 5 so that, when inflated, it provides left uterine displacement.”) and the fourth inflation chamber is configured to enable control of uterine tilt on a pregnant patient based on its inflation level. (Nissen: [0036] “Pillow 10 of the present invention may also be used with a pregnant patient to achieve proper left lateral tilt and is best described by referring to FIGS. 5, 6, and 7.”)
Regarding claim 19,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 18.
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose wherein: at least a portion of the fourth inflation chamber subsystem is conspicuously marked with a fourth color; the fourth color is distinct from the first, second, and third colors.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded inflatable structures, furthermore it would have been obvious to color code the bladders as explained in claim 1.
Regarding claim 20,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 19.
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose wherein: the fourth color is pink.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded inflatable structures, furthermore it would have been obvious to color code the bladders as explained in claim 1.
Claim(s) 5-6, 10, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20060179573 issued to Nissen in view of U.S. Publication No. 20190133857 issued to Kuiper.
Regarding claim 5,
Nissen discloses an inflatable device for patient positioning, (Nissen: FIG. 4) the inflatable device comprising; a first inflation chamber subsystem, the first inflation chamber subsystem comprising a first inflation chamber (Nissen: FIG. 4 (44) refer also to [0026] “a head tilt adjustment inflatable section 44…”) … a second inflation chamber subsystem, the second inflation chamber subsystem comprising a second inflation chamber (Nissen: FIG. 4 (36, 38) refer also to [0026] “first and second base support inflatable sections 40 and 42”) … and a third inflation chamber subsystem, the third inflation chamber subsystem comprising a third inflation chamber (Nissen: FIG. 4 (42, 40, 46, 48) refer also to [0026] “Back support inflatable sections 36 and 38” “and first and second head rest inflatable sections 46 and 48,) … wherein: the first inflation chamber comprises at least one first inflatable cylindrical structure; the second inflation chamber comprises at least one second inflatable cylindrical structure; the third inflation chamber comprises at least one third inflatable cylindrical structure; (Nissen: FIG. 4A) …
Nissen does not appear to disclose a first tubing connection structure embedded in the first inflation chamber, a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, the first tubing connection structure is conspicuously marked with the first color; the second tubing connection structure is conspicuously marked with the second color; and the third tubing connection structure is conspicuously marked with the third color a first tubing connection structure embedded in the first inflation chamber, and first tubing; a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, and third tubing… the first, second, and third tubing connection structures are configured to attach, separately and via tubing, to a controller configured to inflate and deflate, independently, the first second, and third inflation subsystems;
However, Kupier discloses a first tubing connection structure embedded in the first inflation chamber, a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, the first tubing connection structure is conspicuously marked with the first color; the second tubing connection structure is conspicuously marked with the second color; and the third tubing connection structure is conspicuously marked with the third color (Kupier: [0129] talks about gas inlets and interfaces being color coded)
a first tubing connection structure embedded in the first inflation chamber, and first tubing; a second tubing connection structure embedded in the second inflation chamber, a third tubing connection structure embedded in the third inflation chamber, and third tubing… the first, second, and third tubing connection structures are configured to attach, separately and via tubing, to a controller configured to inflate and deflate, independently, the first second, and third inflation subsystems; (Kupier: FIG. 1 see also [0080] which discusses how the pumps can selectively inflate either the left or right bladders. The examiner notes that the use of two pumps which connect to the controller allows selective inflation as well as the use of separate tubes for the respective bladders.)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen directed to a patient support by embedding three tubes within the inflation subchambers as taught in Kupier directed to a portable cushion since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing for the inflation chambers to be independently inflated from one another as suggested in Nissen (Nissen: Abstract).
(Kupier: [0129] )
Furthermore, it would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen by color coding the connection interfaces of the tubes as taught in Kupier directed to a bladder support since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of distinguishing the respective tubes of their respective inflatable chambers and thereby facilitate correct identification and reduce the likelihood of user error in a multi-chamber inflation system.
The examiner notes that having a different color in the inflation tubes does not functionally distinguish from the prior art and after careful review of the claims, do not appear to have a functional purpose in the invention other than to color code the inflatable chambers. See MPEP 2111.05 “Where a product merely serves as a support for printed matter, no functional relationship exists. These situations may arise where the claim as a whole is directed towards conveying a message or meaning to a human reader independent of the supporting product. For example, a hatband with images displayed on the hatband but not arranged in any particular sequence was found to only serve as support and display for the printed matter. See Gulack, 703 F.2d at 1386, 217 USPQ at 404.” Another such example of showing a functional relationship exist would can also be found in MPEP 2111.05 “… a claim to a color-coded indicia on a container in which the color indicates the expiration date of the container may give rise to a functional relationship. The claim may, however, be anticipated by prior art that reads on the claimed invention, or by a combination of prior art that teaches the claimed invention.” The examiner notes that the color coding as claimed by the applicant does not appear to be in a functional relationship with the rest of the structure and only serves for “conveying a message”. Therefore the examiner is not giving patentable weight to the colors unless the applicant claims a functional relationship between the colors and the structure of the invention.
Regarding claim 6,
Nissen in view of Kupier discloses the inflatable device of claim 5, wherein: the at least one first inflatable cylindrical structure consists of one distinct cylindrical structures; (Nissen: FIG. 4 (44)) the at least one second inflatable cylindrical structure consists of two distinct cylindrical structures; (Nissen: FIG. 4 (36, 38) )) and the at least one third inflatable cylindrical structure consists of four distinct cylindrical structures. (Nissen: FIG. 4 (42, 40, 46, 48) )
Regarding claim 10,
Nissen in view of Kupier discloses the inflatable device of claim 5.
Nissen in view of Kupier does not appear to disclose the first color is green; the second color is yellow; and the third color is blue.
However, Kupier discloses color-coding of tubing and/or associated inflatable structures to distinguish between different inflation pathways. While Kupier does not explicitly disclose the limitation above, the selection of particular colors is considered a matter of design choice, as any distinguishable colors could be used to achieve the intended purpose of differentiating components (MPEP 2144.04).
Regarding claim 12,
Nissen in view of Sachdev discloses the inflatable device of claim 5, the inflatable device of claim 1, wherein: the first inflation chamber comprises at least one first inflatable cylindrical structure; (Nissen: FIG. 4 (44)) the second inflation chamber comprises a second plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (36, 38) the third inflation chamber comprises a third plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (42, 40, 46, 48) ) …
Nissen in view of Sachdev does not appear to disclose an end of the first inflatable cylindrical structure on a first side of the inflatable device is marked with the first color; and an end of at least one of the second plurality of inflatable cylindrical structures on the first side of the inflatable device is marked with the second color; and an end of at least one of the third plurality of inflatable cylindrical structures on the first side of the inflatable device is marked with the third color.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded tubes.
Regarding claim 13,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 10, wherein: the first inflation chamber is configured to position a patient's head and neck based on its inflation level; (Nissen: FIG. 4 (44)) the second inflation chamber is configured to position a patient's back and shoulders based on its inflation level; (Nissen: FIG. 4 (36, 38)) and the third inflation chamber is configured to position a patient's thorax based on its inflation level (Nissen: FIG. 4 (42, 40, 46, 48) )
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication No. 20060179573 issued to Nissen in view of U.S. Publication No. 20180311089 issued to Sachdev further in view of U.S. Publication No. 20190133857 issued to Kuiper further in view of U.S. Publication No. 20020108177 issued to Hensley
further in view of U.S. Publication No. 20170049645 issued to Williams.
Regarding claim 11,
Nissen in view of Sachdev in view of Kupier in view of Hensley discloses the inflatable device of claim 1, the inflatable device of claim 1, wherein: the first inflation chamber comprises at least one first inflatable cylindrical structure; (Nissen: FIG. 4 (44)) the second inflation chamber comprises a second plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (36, 38) the third inflation chamber comprises a third plurality of inflatable cylindrical structures; (Nissen: FIG. 4 (42, 40, 46, 48) ) …
Nissen in view of Sachdev in view of Kupier in view of Hensley does not appear to disclose and the third plurality of inflatable cylindrical structures comprises a polymer tinted with a color
However, Williams discloses the third plurality of inflatable cylindrical structures comprises a polymer tinted with a color. (Williams: [0054] “In yet other embodiments, the mattress 22 may comprise of any combination of foam, polymeric material and/or inflatable support bladders 40.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to make the inflatable cylindrical structures of Nissen in view of Sachdev in view of Kupier in view of Hensley out of a polymer as taught in Williams “since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemicical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”
Nissen in view of Sachdev in view of Kupier in view of Hensley in view of Williams does not appear to disclose tinted with a color.
However, as explained in claim 1, the examiner is not giving patentable weight to color coded bladders.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nissen and Kupier further in view of U.S. Publication No. 20080148483 issued to Biggie
Regarding claim 21,
Nissen in view of Kupier discloses the inflatable device of claim 5.
Nissen in view of Kupier does not appear to disclose wherein the first, second, and third tubing structures are barbed tubing connectors.
However, Biggie discloses barbed tubing connectors. (Biggie: [0024] “The hoses 22 from each of the zones 14 attach to fittings, such as barbed or quick disconnect fittings.”)
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Nissen in view of Kupier directed to a patient support by adding barbed connections to the tubing connectors as taught in Biggie directed to a patient support. A person having ordinary skill in the art would have been motivated to make this modification in order to allow for easy and quick connect/disconnect of the tubing structures from the device. (Biggie: [0024])
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 ADAM C ORTIZ whose telephone number is (303)297-4378. The examiner can normally be reached Monday - Friday 7:30 am-3:30 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. Mikowski can be reached on 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM C ORTIZ/Primary Examiner, Art Unit 3673