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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 18/032081, filed on 14 April 2023.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 14 April 2023 has been received and considered by the Examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 6, “PCM” should read --Phase Change Member (PCM)--
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-9 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites the limitations “the apparatus (1) can be arranged on a body of a person (6), the apparatus (1) comprising: contact surfaces (3) with the body and the contact surfaces (3) are formed completely or partially by at least one contact element (2)”. This language suggests that the user is being claimed as a part of the invention and thus requires appropriate correction. The claim language should be modified to instead recite, for example, “the apparatus is configured to be arranged on a body of a person , the apparatus (1) comprising: contact surfaces configured to be in contact with the body and the contact surfaces are formed completely or partially by at least one contact element” so as to more clearly convey that the applicant is not intending to claim a human organism.
Claims 2-9 recite similar limitations directed towards “a body of a person (6)” and require appropriate correction as well. Please review the example modified claim language provided for Claim 1 as reference for how to better clarify the intended interpretation of the claim limitations.
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.
(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.
Claims 1-2, and 4-6 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Richards (US 20140047623 A1)
Regarding Claim 1, Richards discloses: An apparatus for supporting human movements or for protecting against falls (Abstract, An inflatable fall arrest and fall protection safety system generally having one or more inflatable apparatus attached to a belt or other suitable wearable support structure that can be worn by a user), wherein
the apparatus can be arranged on a body of a person (Paragraph 0070, FIG. 1 shows a wearer 100 wearing one embodiment of a personal protection apparatus 102), the apparatus comprising:
contact surfaces with the body and the contact surfaces are formed completely or partially by at least one contact element (Paragraph 0080, FIG. 6 shows a detailed view of the personal protection apparatus 102. The outer containment 112 is inflatable to a substantially fixed volume 134. The inner bladders 114 are inside of the outer containment 112),
the at least one contact element consists completely or partially of a PCM (Paragraph 0026-0029, In some embodiments, the inflator is one or more of the following: a compressed gas inflator; an inflator comprising a cartridge filled with a plurality of compounds, when mixed, said plurality of compounds generates gas; or a solid-propellant inflator)
and the extent to which the at least one contact element bears on the body can be adjusted (Paragraph 0078, when the personal protection apparatus 102 senses a vertically downward component of acceleration exceeding a predetermined threshold, the personal protection apparatus 102 inflates to an inflated condition),
and wherein the at least one contact element on the side facing the body of the person has a smaller bearing surface in the resting state (Paragraph 0056, FIG. 2 depicts a front view of one embodiment of the personal protection apparatus in the un-inflated condition) than in the movement state (Paragraph 0079, FIG. 5 shows a front view of wearer 100 wearing the personal protection apparatus 102 in an inflated condition).
Regarding Claim 2, Richards discloses all of the limitations of Claim 1. Richard further discloses: wherein the at least one contact element can be adjusted in the extent to which it bears on the body as a function of a resting and a movement state of the person or the apparatus for supporting human movement (Paragraph 0042, said activation mechanism system initiates an inflation sequence activating each said inflator to generate a volume of pressurized gas into each said inner bladder, said eight inner bladders collectively expanding to fill said substantially fixed volume of said toroid-shaped outer containment, thereby inflating said inflatable apparatus to an inflated and either unrolled or unfolded condition)
Regarding Claim 4, Richards discloses all of the limitations of Claim 1. Richard further discloses: wherein the extent to which the at least one contact element bears on the body is regulated by pressurizing (Paragraph 0026-0029, In some embodiments, the inflator is one or more of the following: a compressed gas inflator; an inflator comprising a cartridge filled with a plurality of compounds, when mixed, said plurality of compounds generates gas; or a solid-propellant inflator) the at least one contact element (Paragraph 0042, said activation mechanism system initiates an inflation sequence activating each said inflator to generate a volume of pressurized gas into each said inner bladder, said eight inner bladders collectively expanding to fill said substantially fixed volume of said toroid-shaped outer containment, thereby inflating said inflatable apparatus to an inflated and either unrolled or unfolded condition)
Regarding Claim 5, Richards discloses all of the limitations of Claim 1. Richard further discloses: wherein the extent to which the at least one contact element bears on the body is regulated pneumatically (Paragraph 0026-0029, In some embodiments, the inflator is one or more of the following: a compressed gas inflator; an inflator comprising a cartridge filled with a plurality of compounds, when mixed, said plurality of compounds generates gas; or a solid-propellant inflator), preferably by means of at least one volume-adjustable air chamber (Paragraph 0080, An inflator 116 is connected to the inner bladder 114 configured to inflate the inner bladder 114 with a volume of pressurized gas. An activation mechanism system 118 senses accelerations and in response to a vertically downward component of acceleration exceeding a predetermined threshold for a predetermined period of time, the activation mechanism system 118 via electrical connection 156 activates the inflator 116 to generate a volume of pressurized gas into the inner bladder 114, which expands to the substantially fixed volume 134 of the outer containment 112).
Regarding Claim 6, Richards discloses all of the limitations of Claim 5. Richard further discloses: wherein the at least one contact element is in active connection with the at least one air chamber (Paragraph 0080, activation mechanism system 118 via electrical connection 156 activates the inflator 116 to generate a volume of pressurized gas into the inner bladder 114, which expands to the substantially fixed volume 134 of the outer containment 112).
Regarding Claim 8, Richards discloses all of the limitations of Claim 5. Richard further discloses: wherein a pressurization of the at least one air chamber is performed by at least one further air chamber (Paragraph 0035, an inflator connected to each said inner bladder configured to inflate each said inner bladder with a volume of pressurized gas in under 250 milliseconds),
which is connected to the at least one air chamber (Paragraph 0036, said activation mechanism system initiates an inflation sequence activating each said inflator to generate a volume of pressurized gas into said eight inner bladders, said eight inner bladders expanding to said substantially fixed volume of said toroid-shaped outer containment),
wherein the at least one further air chamber is reduced in volume by a movement of the person when using the apparatus and thus the at least one air chamber is pressurized (Paragraph 0041, In some embodiments, the predetermined threshold is a vertically downward component of acceleration of at least 30 ft/sec.sup.2 for a predetermined period of time of at least 200 milliseconds and said initiated inflation sequence beginning at said threshold with inflation in the area centered about the midpoint, and progressing in pairs of two, symmetrically to the right and left about the midpoint, followed in less than 100 millisecond successions by the next pairs of two inner bladders progressing toward said ends, wherein said inflation sequence is designed to move the wearer's limbs ergonomically forward as the toroid-shaped outer containment progresses to full inflation).
Regarding Claim 9, Richards discloses all of the limitations of Claim 1. Richard further discloses: wherein the at least one contact element is part of a support and/or application device of the apparatus for body parts of the person (Paragraph 0047, The disclosed subject matter relates to an inflatable fall arrest and fall protection safety apparatus that uses an instantly inflated inflatable apparatus, to prevent the worker's upper body and head from passing between pipes or structural elements, thereby preventing injuries in a wide variety of circumstances and settings. How the device is worn, the trigger mechanism, how it deploys and the size and shape of the instant inflatable apparatus vary in different embodiments).
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 3. is rejected under 35 U.S.C. 103 as being unpatentable over Richards in view of Buckman (US 20050067816 A1)
Regarding Claim 3, Richards discloses all of the limitations of Claim 1. Richard demonstrates the different arrangement of contact elements in resting (Paragraph 0056, FIG. 2 depicts a front view of one embodiment of the personal protection apparatus in the un-inflated condition) and movement states (Paragraph 0079, FIG. 5 shows a front view of wearer 100 wearing the personal protection apparatus 102 in an inflated condition). It would be obvious that Richards teaches the contact element having varying elevation and depressions on the side facing the patient based on the state of the apparatus.
However, if the Applicant is not convinced, Buckman more explicitly disclose
the at least one contact element has elevations and depressions on the side facing the body of the person in the resting state (Paragraphs 0053-0054, FIG. 1A illustrates a pair of deflated APG shorts; FIG. 1B illustrates a cross-sectional view of one of the deflated chambers of the APG shorts)
and has no or fewer elevations and depressions on the side facing the body of the person in the movement state (Paragraph 0055-0056, FIG. 2A illustrates a pair of APG shorts following activation; FIG. 2B illustrates a cross-sectional view of a chamber of the APG shorts following activation).
Both Richards and Buckman disclose body impact protection apparatuses that incorporate inflatable pockets for selectively pressurized gas. It would have been obvious to one skilled in the art before the effective filing date to incorporate the different arrangements of elevation and/or depressions of the contact elements as demonstrated by Buckman with the existing system disclosed by Richards. It provides varying levels of pressure and bearing on a patient along different parts of their body, as needed for adequate protection and/or treatment.
Regarding Claim 7, Richards discloses all of the limitations of Claim 5. Richards discloses an apparatus utilizing pressurized air chambers. However, Richards does not explicitly disclose regulation of the air chamber through means of a pump and/or valve control.
Radspieler does disclose: wherein the volume of the at least one air chamber is regulated by means of a pump and a valve control (Paragraph 0062, The arrows 9 indicate the path of the gaseous coolant through the annular gap 3 around the PCM modules 4. The valve 7 is connected, for example, to a pump, to a ventilator and/or to an external cooling unit (not shown) by which the air or the coolant is conveyed, suctioned, pumped and/or cooled through the annular gap 3, and as a result of which the PCM modules emit heat, or as a result of which moisture is taken up from the orthosis).
Both Richards and Radspieler disclose body-worn apparatuses that utilizes PCM elements to apply provide a degree of stabilization to a wearer (Paragraph 0042, Phase change material includes all types of commercially available PCMs that are capable of storing latent heat). It would have been obvious to one skilled in the art before the effective filing date to incorporate the art-recognized teachings of valve control mechanisms for the pneumatic system disclosed by Richards.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Davenport et al. (US 10897938 B2) discloses a wearable device for fall injury mitigation, incorporating multiple inflatable portions
Buckley (US 5722482 A) discloses phase change thermal control materials and methods
Jan et al. (US 20110047684 A1) discloses a wearable airbag jacket incorporating multiple inflatable cells
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL ZAHRA HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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/MISHAL ZAHRA HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785