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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 32 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 32 recites the limitation “the bistable stiffening structure includes a transition shape between the first stable shape and the second stable shape, when the bistable stiffening structure is disposed between the first stable shape and the transition shape, the bistable stiffening structure urges the bistable stiffening structure toward the first stable shape, and when the bistable stiffening structure is disposed between the second stable shape and the transition shape, the bistable stiffening structure urges the bistable stiffening structure toward the second stable shape.” It is unclear to the examiner how the bistable stiffening structure can be disposed between the first stable shape and transition shape. The first stable, second stable and transition shape are a configuration of the pad at different states. The structure of the bistable stiffening is what cause the shape changes. The two shapes cannot co-exist so the structure cannot be disposed between them. The examiner is interpreting it that the bistable stiffening structure exists in the first stable shape, transition shape and second stable shape.
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.
Claims 1, 3-6 and 32-35 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Cosse (US 2015/0119963).
Regarding claim 1, Cosse discloses a medical pad for exchanging thermal energy with a patient, the pad (fig.1-4; device 10) comprising: a length extending at least partially around the patient, the length extending between a first perimeter edge of the pad and an opposite second perimeter edge of the pad (fig.1-4); a fluid containing layer (fig.4; thermal element 30, see also [0044], “The fluid may include any suitable liquid, gas, and/or gel”) configured for circulation of a TTM fluid therein ([0044]-[0044]), the fluid containing layer disposed between a topside of the medical pad and a patient contact side of the medical pad (fig.2 and 4;see also [0044]-[0045]) andfirst perimeter edge across a midpoint of the pad toward the second perimeter edge (fig.2 and fig.4).
Regarding claim 3, Cosse discloses the medical pad according to claim 1, wherein the bistable stiffening structure is transitionable between a first stable shape and a second stable shape (fig.1 and fig.2, see also [0055]).
Regarding claim 4, Cosse discloses the medical pad according to claim 3, wherein
Regarding claim 5, Cosse discloses the medical pad according to claim 3, wherein the bistable stiffening structure causes the pad to extend at least partially around the patient when the bistable stiffening structure is transitioned away from the first stable shape (fig.1 and fig.2, see also [0055]).
Regarding claim 6, Cosse discloses the medical pad according to claim 3, wherein the bistable stiffening structure causes the pad to exert a compressive force on the patient when the bistable stiffening structure is transitioned away from the first stable shape [0030].
Regarding claim 32, Cosse discloses the medical pad according to claim 3, wherein: the bistable stiffening structure includes a transition shape between the first stable shape and the second stable shape, when the bistable stiffening structure is disposed between the first stable shape and the transition shape (the bistable element 20 is disposed in the device between any configuration including first stable shape and transition shape), the bistable stiffening structure urges the bistable stiffening structure toward the first stable shape, and when the bistable stiffening structure is disposed between the second stable shape and the transition shape (the bistable element 20 is disposed in the device between any configuration including second stable shape and transition shape), the bistable stiffening structure urges the bistable stiffening structure toward the second stable shape ([0029]-[0030]).
Regarding claim 33, Cosse discloses the medical pad according to claim 3, wherein the first stable shape is a planar shape (fig.1, see also [0029]-[0030]) and the second stable shape is a curved shape (fig.2, see also [0029]-[0030]).
Regarding claim 34, Cosse discloses the medical pad according to claim 4, wherein: the bistable stiffening structure maintains the bistable stiffening structure in the first stable shape prior to applying the pad to the patient, and the bistable stiffening structure urges the bistable stiffening structure toward the second stable shape after applying the pad to the patient (fig.1 and 5, see also see also [0029]-[0030]).
Regarding claim 35, Cosse discloses the medical pad according to claim 6, wherein the bistable stiffening structure causes the pad to exert a compressive force on the patient along an entire length of the pad [0029-[0030].
Response to Arguments
Applicant’s arguments with respect to claim 1have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794