DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This action is in response to the filing on 12/9/2025. Since the previous filing, claims 1, 7, 9, 11, 16 and 20 have been amended and no claims have been added or cancelled. Thus, claims 1-7 and 9-24 are pending in the application.
In regards to the previous 102 and 103 Rejections, Applicant’s amendments do not overcome the prior art and the rejections are maintained, modified for the amendments, below.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-7, 11-13, 15-18 and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Colosi (US 2020/0237606).
In regards to claim 1, Colosi discloses a wearable compression control system for controlling an applied pressure against an extremity, the wearable compression control system comprising: an inflatable band (BFRT cuff 100) including a coupling feature for securing the inflatable band in a position along the extremity such that the inflatable band extends circumferentially around the extremity (strap 120, paragraph 60), the inflatable band including a bladder extending along a length of the inflatable band, the bladder including an expandable inner volume for receiving fluid to cause the inflatable band to increase in thickness and increase the applied pressure against the extremity (paragraph 38); and a controller that releasably couples to the inflatable band (electric pump system 200), the controller comprising: a processor including a programmed pressure range (paragraph 44 and 72), the processor configured to actively maintain the applied pressure within the programmed pressure range throughout a user performing a exercise or a user undergoing a therapy (Fig 9); a pressure sensor positioned along an airflow pathway that is in fluid communication with the bladder, the pressure sensor sensing a pressure within the bladder that indicates an amount of the applied pressure against the extremity (paragraph 36), the processor configured to receive sensed pressure data from the pressure sensor during performance of the exercise or therapy (paragraph 28 and 31, Fig 9); a pump in fluid communication with the airflow pathway (paragraph 62), the pump configured to receive an instruction from the processor to provide fluid to the bladder to increase the pressure within the bladder to reach the programmed pressure range in response to at least one of a user movement performed during the exercise or the user undergoing the therapy (paragraph 74, Fig 9 and 12); and a relief valve configured to receive instructions from the processor to release fluid from the bladder to thereby reduce the pressure within the bladder when the sensed pressure is above the programmed pressure range (paragraph 78, Fig 9 and 12).
In regards to claim 2, Colosi discloses the device of claim 1 and Colosi further discloses wherein the controller includes a controller coupling interface (hose 270) and the inflatable band includes a band coupling interface (input port 130), the controller coupling interface including a first coupling feature that releasably engages with a second coupling feature of the band coupling interface for releasably coupling the controller to the inflatable band (hose connector 280 releasably connected to input port 130, paragraph 63).
In regards to claim 3, Colosi discloses the device of claim 2 and Colosi further discloses wherein the coupling of the band coupling interface to the controller coupling interface forms a part of the airflow pathway extending between the pump and the bladder (hose 270).
In regards to claim 6, Colosi discloses the device of claim 1 and Colosi further discloses wherein the controller further comprises a user interface (paragraph 37).
In regards to claim 7, Colosi discloses the device of claim 6 and Colosi further discloses wherein the user movement includes at least on of relaxing or contacting a user muscle (user exercises while weaking the cuff, abstract, Fig 9 and 12).
In regards to claim 11, Colosi discloses a method of a wearable compression system, the method comprising: sensing, by a pressure sensor positioned along a fluid pathway of the wearable compression system, a first sensed pressure indicating a first pressure within an inflatable band of the wearable compression system (paragraph 36), the inflatable band extending circumferentially around an extremity of a user (paragraph 60); receiving, at a processor of a controller of the wearable compression system, the first sensed pressure; comparing, at the processor, the first sensed pressure against a programmed pressure range, the programmed pressure range including a lowest pressure; activating, when the processor determines the first sensed pressure is below the programmed pressure range, a pump of the wearable compression system to deliver fluid to the inflatable band to increase the pressure within the inflatable band in response to at least one of a user movement performed during exercise or the user undergoing therapy (paragraph 62 and 74, Fig 9 and 12); monitoring, by the processor and during activation of the pump, sensed pressure data from the pressure sensor; deactivating, by the processor, the pump when the processor receives a second sensed pressure that is greater than the programmed pressure range (paragraph 62 and 74, Fig 9 and 12); monitoring, by the processor and during performance of the exercise using the extremity, sensed pressure data from the pressure sensor; activating, when the processor determines a third sensed pressure is above the programmed pressure range, a relief valve to release fluid from the inflatable band; and actively controlling, by the processor during performance of the exercise, the pressure within the inflatable band to maintain the pressure within the programmed pressure range (paragraph 78, Fig 9).
In regards to claim 12, Colosi discloses the method of claim 11 and Colosi further discloses wherein the controller is configured to be releasably coupled to the inflatable band (hose 210 releasably links cuff 100 and pump system 200 via connector 280, paragraph 63).
In regards to claim 13, Colosi discloses the method of claim 11 and Colosi further discloses wherein the actively controlling the pressure within the inflatable band during performance of the exercise allows the inflatable band to maintain blood flow occlusion during performance of the exercise (Fig 9 and 12).
In regards to claim 15, Colosi discloses the method of claim 11 and Colosi further discloses further comprising: displaying, at a user interface of the wearable compression system, one or more characteristics associated with an amount of pressure applied to the extremity by the inflatable band (paragraph 37).
In regards to claim 16, Colosi discloses the method of claim 15 and Colosi further discloses wherein the user movement includes at least on of relaxing or contacting a user muscle (user exercises while weaking the cuff, abstract, Fig 9 and 12).
In regards to claim 17, Colosi discloses the method of claim 11 and Colosi further discloses wherein the controller includes a controller coupling interface (hose 270) and the inflatable band includes a band coupling interface (input port 130), the controller coupling interface including a first coupling feature that releasably engages with a second coupling feature of the band coupling interface for releasably coupling the controller to the inflatable band (hose connector 280 releasably connected to input port 130, paragraph 63).
In regards to claim 18, Colosi discloses the method of claim 17 and Colosi further discloses wherein the coupling of the band coupling interface to the controller coupling interface forms a part of the airflow pathway extending between the pump and the bladder (hose 270).
In regards to claim 22, Colosi discloses the method of claim 11 and Colosi further discloses further comprising calibrating a limb occlusion pressure of the user to determine the programmed pressure range (paragraph 72, Fig 9).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 4 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colosi (US 2020/0237606) in view of Moaddeb (US 2021/0330547).
In regards to claim 4, Colosi discloses the device of claim 2.
Colosi does not disclose wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface.
However, Moaddeb teaches a limb therapy device wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface (paragraph 71).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface as taught by Moaddeb as this would help the user to easily and correctly attach the band with the controller.
In regards to claim 19, Colosi discloses the method of claim 17.
Colosi does not disclose wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface.
However, Moaddeb teaches wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface (paragraph 71).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the band coupling interface includes a magnet and the controller includes a hall effect sensor for detecting when the band coupling interface is adjacent the controller coupling interface as taught by Moaddeb as this would help the user to easily and correctly attach the band with the controller.
Claim(s) 5, 10, 14 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colosi (US 2020/0237606).
In regards to claim 5, Colosi discloses the device of claim 1.
While Colosi does not explicitly disclose wherein the programmed pressure range is approximately 40% to approximately 80% of a limb occlusion pressure associated with the user, it does teach wherein the programed pressure ranged is 20% to 80% of a limb occlusion pressure associated with the user (paragraph 40, Fig 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the programmed pressure range is approximately 40% to approximately 80% of a limb occlusion pressure associated with the user as it has been held that wherein the clamed ranges overlap or lie inside ranges disclosed by the prior art then a prima facie case of obviousness exists (MPEP 2144.05 I).
In regards to claim 10, Colosi discloses the device of claim 1.
While Colosi discloses wherein the controller further includes lights providing an indication of one or more conditions of the wearable compression system and/or the user (housing may have lights and indicators to indicate mode and/or operation and/or status of the portable electric pump system, paragraph 62 line 15-17), it does not explicitly disclose wherein the lights are arranged in a strip extending alone at least one side of the housing. However, given the arrangement of the displays and buttons or other user interface features as sharing space on the front side of the controller (Fig 1) and it has been held that prior art drawings may be relied upon for what they may reasonably teach a person of ordinary skill in the art (MPEP 2125), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the light indicators in a strip along or aside the display or button panel for ease of use or a design choice of communicating the mode/status.
In regards to claim 14, Colosi discloses the method of claim 11.
While Colosi does not explicitly disclose wherein the programmed pressure range is approximately 40% to approximately 80% of a limb occlusion pressure associated with the user, it does teach wherein the programed pressure ranged is 20% to 80% of a limb occlusion pressure associated with the user (paragraph 40, Fig 9).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the programmed pressure range is approximately 40% to approximately 80% of a limb occlusion pressure associated with the user as it has been held that wherein the clamed ranges overlap or lie inside ranges disclosed by the prior art then a prima facie case of obviousness exists (MPEP 2144.05 I).
In regards to claim 21, Colosi discloses the method of claim 11.
While Colosi discloses wherein the controller further includes lights providing an indication of one or more conditions of the wearable compression system and/or the user (housing may have lights and indicators to indicate mode and/or operation and/or status of the portable electric pump system, paragraph 62 line 15-17), it does not explicitly disclose wherein the lights are arranged in a strip extending alone at least one side of the housing. However, given the arrangement of the displays and buttons or other user interface features as sharing space on the front side of the controller (Fig 1) and it has been held that prior art drawings may be relied upon for what they may reasonably teach a person of ordinary skill in the art (MPEP 2125), it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the light indicators in a strip along or aside the display or button panel for ease of use or a design choice of communicating the mode/status.
Claim(s) 9, 20 and 23-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colosi (US 2020/0237606) in view of Whalen (US 2019/0133215).
In regards to claim 9, Colosi discloses the device of claim 1.
Colosi does not disclose wherein the controller further comprises an accelerometer configured to measure acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the accelerometer being configured to releasable couple to the inflatable band with the controller, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters.
However, Whalen teaches wherein the controller further includes an accelerometer that measures acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters (paragraph 152 and 159).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the controller further includes an accelerometer that measures acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters as taught by Whalen as this would allow the device to monitor the exercise of the user to ensure best results.
While Whalen does not teach the accelerometer being configured to releasable couple to the inflatable band with the controller, Colosi teaches the controller being removable from the band (paragraph 63) and the accelerometer of Whalen is in the controller (see above). Therefore, the accelerometer of the combined device would be removable with the controller.
In regards to claim 20, Colosi discloses the method of claim 11.
Colosi does not disclose wherein the controller further includes an accelerometer configured to measure acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the accelerometer being configured to releasable couple to the inflatable band with the controller, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters.
However, Whalen teaches wherein the controller further includes an accelerometer th configured to measure acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters (paragraph 152 and 159).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi wherein the controller further includes an accelerometer configured to measure acceleration of the wearable compression system during the user performing the exercise or the user undergoing the therapy, the processor configured to analyze the measured acceleration for determining whether the exercise was performed in accordance with one or more parameters as taught by Whalen as this would allow the device to monitor the exercise of the user to ensure best results.
While Whalen does not teach the accelerometer being configured to releasable couple to the inflatable band with the controller, Colosi teaches the controller being removable from the band (paragraph 63) and the accelerometer of Whalen is in the controller (see above). Therefore, the accelerometer of the combined device would be removable with the controller.
In regards to claim 23, Colosi discloses the method of claim 11.
Colosi does not disclose further comprising sensing a movement of the user and tracking a number of movements performed by the user.
However, Whalen teaches further comprising sensing a movement of the user and tracking a number of movements performed by the user (paragraph 217 and 249).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Colosi further comprising sensing a movement of the user and tracking a number of movements performed by the user as taught by Whalen as this would allow the device to track the exercise of the user to ensure best results.
In regards to claim 24, Colosi in view of Whalen teaches the method of claim 23 and Whalen further teaches further comprising maintaining the applied pressure within the programmed pressure range during performance of the movements by the user (paragraph 217).
Response to Arguments
In regards to the request for an Interview, Examiner is not granting an interview at this time as it is their opinion that an interview will not further prosecution at this time.
In regards to the arguments concerning the independent claims, these arguments are in regards to the amendments made to that claims and are primarily addressed in the modified rejections entered above. Applicant argues that the control device of Colosi is detached from the cuff and therefore cannot regulate the pressure during exercise. Examiner disagrees. While disconnection of the controller during use is discussed, cited embodiments describe maintaining connection and regulation of the pressure in the cuff during use to maintain a desired pressure level or range for the exercise.
Arguments concerning the dependent claims are in regards to their dependency on above argued independent claims and are addressed in the rejections and arguments concerning those claims.
Arguments concerning further references are not persuasive as these references are not being called upon for the argued limitations of the independent claims.
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 Arielle Wolff whose telephone number is (571)272-8727. The examiner can normally be reached Mon-Fri 8:00-4:00.
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, Kendra Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ARIELLE WOLFF/ Examiner, Art Unit 3785
/KENDRA D CARTER/ Supervisory Patent Examiner, Art Unit 3785