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 .
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.
Claims 47, 48, 50-54, 57-59, 61-69, and 70 are rejected under 35 U.S.C. 103 as being obvious over Ellen in view of Ono et al. (US 9144910 B2) (hereon referred as Ono).
Regarding claim 47, Ellen teaches a barrier for physical examinations, diagnostics, treatments and/or recreation (“isolation enclosure for patients”, Col. 1, lines 18-19), the barrier comprising one or more panels, wherein at least one of the panels includes at least three windows through which the at least one of a physical examinations, diagnostic procedure and treatment may be performed (canopy 402, frame 410; barrier comprising one or more panels including at least three windows, shown in annotated Fig. 10 below), wherein the at least three windows includes two windows on which gloves are mounted for receiving hands (“canopy 402 mounted on a frame 410…canopy defines a plurality of glove ports”, Col. 10, lines 35-36; glove ports 402a, shown in annotated Fig. 10 below) and one window on which a sleeve is mounted for receiving an instrument (the central glove may be interpreted as a sleeve since a sleeve is defined as a tubular piece with an opening of which the upstream portion of the glove reads on) to be operated with the hands (“canopy includes one or more ports…for the passage of…other matter therethrough”, Col. 10, lines 53-57; ports 402c, Fig. 10, shown in annotated Fig. 10 below) received in the other two windows. The gloves and sleeve can be mounted on one or more windows.
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Ellen does not teach the barrier further comprising a window cover fitted on one of the at least three windows or a further sleeve or further glove being mounted on the window cover, and wherein the window cover is configured to allow for the further mounted sleeve or glove to slide along the one of the at least three windows.
However, Ono teaches a barrier for operations with one or more panels, wherein the barrier further comprises a window cover (small windows 18a, shown in annotated Fig 3B and Fig. 4 below) fitted on one of the at least three windows (rectangular small-window frames 19, shown in annotated Fig. 3B and 4 below), wherein the window cover is configured to cover the one of the at least three windows and is removably attached to the one of the at least three windows (“the small transparent windows 18a to 18c provided in the front shutter 4 are horizontally movable in the front shutter 4”, lines 47-48, Col. 4), wherein a further sleeve or further glove is mounted on the window cover (“the small window 18a includes glove ports 17 to which gloves 16 are air-tightly attached”, lines 49-50) and wherein the window cover is configured to allow the further mounted sleeve or glove to slide along the one of the at least three windows (“the small windows 18b are disposed, each being like on of layered sliding doors made of glass”, lines 28-29, Col. 5).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the barrier of Ellen with the barrier of Ono and attach window covers where further gloves/sleeves will be mounted on in order to allow for the operator to slide their hands through each window panel of the barrier and easily access the interior while ensuring the enclosure remains sterile (“to allow the operator to reach either side of the workspace 3, the horizontally movable, transparent small window 18a provided in the front shutter 4 is moved to the right or to the left”, lines 10-13, Col. 5).
Regarding claim 48, Ellen in view of Ono teaches the one window on which the sleeve is mounted is positioned between the two windows on which the gloves are mounted (it is noted that the central 402A will be considered the sleeve and the outer ones may be construed as the gloves).
Regarding claim 50, Ellen in view of Ono teaches one of the at least three windows configured for receiving the instrument has a different size and/or shape than another of the at least three windows configured to receive the hands (glove ports 402a, ports 402c, Fig. 10). The port for instruments is a different shape in comparison the port for gloves as shown in Fig. 10. It can be made to different sizes and shaped configured to different hand sizes or different instruments.
Regarding claim 51, Ellen in view of Ono teaches the at least three windows additionally including a window configured to be fitted with an air filter (“an environmental control device is connectable in fluid communication with the isolation chamber…includes a filter adapted to at least one of filter air entering and filter air exiting the isolation chamber”, air filter device 409, Fig. 10).
Regarding claim 52, Ellen in view of Ono teaches the barrier including at least one structural feature that is configured to reversibly collapse the barrier into a compact configuration while not in use or for transporting the barrier (“when not in use, the enclosure can be collapsed for easy storage and transport”, Col. 5, lines 21-22; partially collapsed state, Fig. 4, fully collapsed state, Fig. 5).
Regarding claim 53, Ellen in view of Ono teaches the at least one structural feature is selected from a group consisting of:
A fold line in the panel and wherein the panel of the one or more panels is configured to be folded along fold lines in the panel (“side wall portions may be pleated, define folds”, Col. 14, line 13).
A hinge connecting a pair of panels of the one or more panels and wherein the barrier is configured to fold along the hinge connection (“four vertical bars are brought together, each of the supports pivotally hinges at the respective corner bracket”, Col. 8, lines 15-17).
A locking mechanism and wherein the one or more panels are modular elements configured to lock onto one another with a removable locking connection (“quick-connect fasteners tethered to the frame and receivable within the aligned apertures to lock the frame”, Col. 4, lines 26-28).
Regarding claim 54, Ellen in view of Ono teaches the barrier comprising a seal configured to seal a gap in a connection between the one or more panels (“with the rest of the isolation chamber, are preferably hermetically sealed and airtight”, Col. 11, lines 46-47).
Regarding claim 57, Ellen in view of Ono teaches a furniture connecting element fixed onto one of the one or more panels, wherein the furniture connecting element is configured to lock onto a portion of a bed, chair or table with a removable locking connection (“four vertical bars could bolt onto a bed or an adapter plate could facilitate secure locking engagement to a bed”, Col. 7, lines 11-13).
Regarding claim 58, Ellen in view of Ono teaches a wall connecting element fixed onto one of the one or more panels, wherein the wall connecting element is configured to lock onto a mating connecting element on a wall, ceiling or floor of a room with a removable locking connection (“such non-collapsible frames may be mounted on the floor surrounding the bed”, Col. 9, lines 58-59).
Regarding claim 59, Ellen in view of Ono teaches the barrier including a wall and wherein at least one of the one or more panels forms the wall of the barrier, wherein the at least one of the one or more panels that form the wall of the barrier includes a seat defined along an upper edge, wherein the seat is configured to receive a ceiling panel and wherein thew all is configured to fold along its height (“at least one support portion for supporting the canopy on the upper laterally extending support”, claim 2, ceiling panel shown in Fig. 10).
Regarding claim 61, Ellen in view of Ono teaches the barrier including a ceiling and wherein at least one of the one or more panels forms the ceiling of the barrier (“frame includes an upper laterally extending support…”, claim 2, ceiling panel shown in Fig. 10).
Regarding claim 62, Ellen in view of Ono teaches the barrier including a floor and wherein at least one of the one or more panels is a floor of the barrier (“when assembled, the frame is rigid and supported on the floor”, Col. 5, line 63-64). The floor is a part of the barrier, as it is mounted on the floor to complete the enclosure.
Regarding claim 63, Ellen in view of Ono teaches a leg configured to stabilize one of the one or more panels that forms a wall of the barrier, wherein the leg is attached to the panel, wherein the leg is rotatable (“each of the supports can selectively rotate”, Col. 6, line 36) and is configured to be positioned in a first orientation in the compact configuration of the barrier and in a second orientation in an expanded configuration of the barrier (“each of the supports…has pivot devices couplings…for facilitating collapsing the frame”, Col. 6, lines 37-39).
Regarding claim 64, Ellen in view of Ono teaches a panel lock configured to lock the one or more panels in a collapsed state (“fasteners are receivable through the aligned apertures to lock the frame in the collapsed condition”, Col. 8, lines 47-49).
Regarding claim 65, Ellen in view of Ono teaches the one or more panels are made from a rigid material (“frame is rigid”, Col. 5, line 63, “frame can be fabricated from a variety of materials…such as steel, PVC pipe, aluminum, plastics, carbon fiber composite, other metals”, Col. 5, lines 44-47).
Regarding claim 66, Ellen in view of Ono teaches the one or more panels are made from transparent material surrounded by a frame (“isolation chamber also is provided with one or more transparent portions”, Col. 11, lines 41-42).
Regarding claim 67, Ellen in view of Ono teaches at least one panel of the one or more panels is formed from a different material, is a different size or a different shape than the other panels of the one or more panels (“a non-collapsible frame or a frame with telescoping supports for adjusting the size of the enclosure”, Col. 12, lines 24-27).
Regarding claim 68, Ellen in view of Ono teaches a roll of screen material that is fixed to a panel of the one or more panels wherein the screen material forms a screen over a portion of the barrier (“canopy is draped about the frame…can be secured in place on or over the frame”, Col. 5, lines 41-45, canopy 102/roll of screen material fixed to panel shown in Fig. 1), wherein the screen material is disposable (“canopy may be disposable”, Col. 14, line 41; canopy 102, Fig. 1) and wherein the roll includes enough screen material for a plurality of screens (Fig. 1, Fig. 10, Fig. 11).
Regarding claim 69, Ellen in view of Ono teaches the one or more panels defining an enclosure that at least partially encloses a bed, a chair, a table, or a head of a care receiver (Fig. 1, Fig. 10, Fig. 11). The enclosure encloses typically a bed to carry a patient, and can fit a chair or table within the enclosure.
Regarding claim 70, Ellen teaches a barrier for one or more of physical examinations, diagnostics, treatments and recreation (“isolation enclosure for patients”, Col. 1, lines 18-19), the barrier comprising a roll of screen material that is fixed to a panel of the one or more panels wherein the screen material forms a screen over a portion of the barrier ("canopy is draped about the frame...can be secured in place on or over the frame", Col. 5, lines 41-45, canopy 102/roll of screen material fixed to panel shown in Fig. 1 of Ellen, and also shown as canopy 402 along frames 410 in Fig. 10), wherein the screen material is disposable ("canopy may be disposable", Col. 14, line 41; canopy 102, Fig. 1 of Ellen) and wherein the roll includes enough screen material for a plurality of screens (Fig. 1, Fig. 10, Fig. 11 of Ellen), the screen including a screen window ("a plurality of transparent or otherwise see-through windows to allow visibility therethrough", Col. 10, lines 38-40; windows 406, Fig. 10 of Ellen) through which at least one of a physical examinations, diagnostic procedure and treatment may be performed, wherein the window on the one or panels and the screen window are aligned in an expanded state of the screen.
Ellen does not teach a separate window(s) on the panels with a glove or sleeve mounted on it where the roll of screen material goes over it.
However, Ono teaches a barrier for operations with one or more panels, wherein the barrier further comprises panels with at least three windows (small windows 18a, rectangular small-window frames 19 shown in annotated Fig 3B and Fig. 4) wherein the at least three windows include two windows on which gloves are mounted for receiving hands and one window on which a sleeve is mounted for receiving an instrument (“the small window 18a includes glove ports 17 to which gloves 16 are air-tightly attached”, lines 49-50, Col. 4; the gloves 16 may be interpreted as a sleeve since a sleeve is defined as a tubular piece with an opening of which the upstream portion of the gloves reads on) to be operated with the hands received in the other two windows.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the barrier with the roll of screen material of Ellen with the barrier of Ono and attach windows to the panels where further gloves/sleeves will be mounted on in order to allow for the operator to easily access the interior while ensuring the enclosure remains sterile (“to allow the operator to reach either side of the workspace 3, the horizontally movable, transparent small window 18a provided in the front shutter 4 is moved to the right or to the left”, lines 10-13, Col. 5).
Claim 49 is rejected under 35 U.S.C. 103 as being obvious over Ellen in view of Ono and further in view of Breegi et al. (US 20160074268 A1).
Regarding claim 49, Ellen in view of Ono teaches all the limitations of claim 47, but does not teach the sleeve with an open end that can be selectively closed.
However, Breegi et al. teaches the sleeve (“instruments or objects are delivered through the side sealable sleeves”, paragraph [0048]; sleeves 45, Fig. 4) including an open end distal from the panel, wherein the open end is configured to be selectively closed, or includes an opening along a length of the sleeve, wherein the opening is configured to be selectively closed (“sleeves are tubular and openly connected outwardly to the surface of the canopy with an elastic edged-curtain to form a tight closure around the upper part of the operator arms or any other object”, paragraph [0040], “sleeves are used to have controlled access to the inside and the outside of the apparatus”, paragraph [0041]; sleeves 45, Fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the barrier of Ellen in view of Ono with the sleeve of Breegi et al. in order to safely allow for the use of any instruments within the enclosure to access the patient.
Claim 55 is rejected under 35 U.S.C. 103 as being obvious over Ellen in view of Ono and further in view of Marangoni et al. (US 6446396 B1).
Regarding claim 55, Ellen in view of Ono teaches all the limitations of claim 47, but does not teach a handle attached to one or more panels.
However, Marangoni et al. teaches a handle fixedly attached to at least one of the one or more panels based on which the barrier may be manually handled (handle on panel shown in Fig. 23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the barrier of Ellen in view of Ono with the handle of Marangoni et al. in help the user manually lift and move the barrier with ease.
Claims 56, 60, and 71 are rejected under 35 U.S.C. 103 as being obvious over Ellen in view Ono and further in view of Ballantyne et al. (US 20150218833 A1).
Regarding claim 56, Ellen in view of Ono teaches all the limitations of claim 47, but does not teach a hook or a shelf attached to one or more of the panels.
However, Ballantyne et al. teaches at least one of a hook and a shelf (shelf 153, Fig. 2D) fixedly attached to at least one of the one or more panels (panels are arranged on either side…providing users easy access to stored items”, paragraph [0172], Fig. 2D), wherein at least one of the shelf and the hook is configured to fold in a collapsed configuration of the barrier (“storage configuration rests on top of the collapsed frame”, paragraph [0171]). A hook can be placed on the storage configuration panel for further storage of other items.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the barrier of Ellen in view of Ono with the hook and shelf of Ballantyne et al. in order to hold medical instruments and devices, providing convenience for the operator.
Regarding claim 60, Ellen in view of Ono teaches all the limitations of claim 59, but does not teach the lever rotatably connected to a panel.
However, Ballantyne et al. teaches a lever rotatably connected to a panel of the one or more panels (roof support 703.6, Fig. 7C), wherein the lever is configured to support the height of the wall in an expanded state while the lever is positioned in a first orientation (“when the frame is in an erected configuration…the body applies force to the roof supports, so that the roof supports pivot into the raised position”, paragraph [0230]; roof support 703.6, Fig. 7C) and to allow collapsing of the wall while the lever is positioned in a second orientation (“if the body is installed when the frame is in a collapsed configuration, the roof supports would be pivotally biased towards a retracted position”, paragraph [0230]; roof support 703.6, Fig. 7C).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the barrier of Ellen in view of Ono with the lever of Ballantyne et al. in order to allow for the height of the walls of the barrier to be supported when switching between an expanded state to hover over a patient on a bed or chair, and a collapsed state when put away for storage.
Regarding claim 71, Ellen teaches a barrier for one or more of physical examinations, diagnostics, treatments and recreation (“isolation enclosure for patients”, Col. 1, lines 18-19), the barrier comprising one or more panels, wherein at least one of the panels includes at least three windows through which the at least one of a physical examinations, diagnostic procedure and treatment may be performed (canopy 402, frames 410; barrier comprising one or more panels including at least three windows, shown in Fig. 10), wherein the at least three windows includes two windows on which gloves are mounted for receiving hands (“canopy 402 mounted on a frame 410…canopy defines a plurality of glove ports”, Col. 10, lines 35-36; glove ports 402a, shown in Fig. 10) and one window on which a sleeve is mounted for receiving an instrument (the central glove may be interpreted as a sleeve since a sleeve is defined as a tubular piece with an opening of which the upstream portion of the glove reads on) to be operated with the hands (“canopy includes one or more ports…for the passage of…other matter therethrough”, Col. 10, lines 53-57; ports 402c, Fig. 10, shown in Fig. 10) received in the other two windows, and wherein the one or more panels include a screen panel formed from flexible material (“canopy is fabricated from a combination of vinyl or nylon portions and netting”, Col. 5, lines 53-54; canopy 103, Fig. 1 and canopy 402, Fig. 10).
Ellen does not teach the barrier further comprising a window cover fitted on one of the at least three windows or a further sleeve or further glove being mounted on the window cover, and wherein the window cover is configured to allow for the further mounted sleeve or glove to slide along the one of the at least three windows.
However, Ono teaches a barrier for operations with one or more panels, wherein the barrier further comprises a window cover (small windows 18a, shown in Fig 3B and Fig. 4) fitted on one of the at least three windows (rectangular small-window frames 19, shown in Fig. 3B and 4), wherein the window cover is configured to cover the one of the at least three windows and is removably attached to the one of the at least three windows (“holding groove being for removably holding…one of the plurality of small windows”, lines 20-22, Col. 2), wherein a further sleeve or further glove is mounted on the window cover (“plurality of transparent small windows is attached with the pair of gloves”, claim 2) and wherein the window cover is configured to allow the further mounted sleeve or glove to slide along the one of the at least three windows (“plurality of small windows which are laterally movable and which are overlapped like layered sliding doors…with a pair of glove ports to which a pair of gloves for use in operation in the workspace can be air-tightly attached”, lines 7-12, Col. 2).
Ellen in view of Ono does not teach the panels being rolled on a roller in a collapsed or expanded state, wherein the roller is configured to be attached to a ceiling or wall in a room, and wherein the roller is supported on legs and further comprises at least one rod to support the screen panel.
However, Ballantyne et al. teaches the one or more panels able to be rolled on a roller in a collapsed state and extends out from the roller in an expanded state (“the frame is then wheeled back over the bed…extending the walls of the body around the bed”, paragraph [0208], “wheels are selectively lockable to assist with movement of the frame between the collapsed and erected positions”, claim 79; wheels at bottom of frame in expanded state in Fig. 1A, collapsed state in Fig. 1C, fully collapsed state in Fig. 2B-2D), wherein the roller is configured to be attached to a ceiling or a wall in a room (“adhesive material provided on a lower edge of the walls”, paragraph [0071], expanding the frame to attach to the wall shown in Figs. 5A-5J), and wherein the roller is supported on legs (“number of upright legs”, paragraph [0178]) and further comprises at least one rod configured to support the screen panel (“connecting members”, paragraph [0179]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the barrier of Ellen with the barrier of Ono and incorporate the slidable window covers for the operator to slide their hands through each window panel of the barrier to easily access the interior at all sides of the barrier and further combine it with the wheeled enclosure of Ballantyne et al. to make the barrier a lot more portable and accessible, allowing for it to be moved and expanded over any bed, chair, or table. This would allow for easier transportation of the barrier.
Response to Arguments
Applicant’s arguments, see pages 7-10, filed 02/19/2026, with respect to the rejections of claims 47-71 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered and are persuasive. The rejections have been withdrawn. However, upon further consideration, a new ground(s) of rejection is made by Ellen in view of Ono et al. (US 9144910 B2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARA LINH TRAN whose telephone number is (571)272-3598. The examiner can normally be reached 7:30am-5:00pm M-F.
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/L.L.T./Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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