DETAILED ACTION
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/10/26 has been entered. Claims 78-97 are pending and under examination.
Applicant’s response filed 3/10/26 does not include any substantive arguments, and therefore this Office Action does not include a response to arguments. Additionally, the amendment filed 3/10/26 necessitates a new grounds of rejection, as set forth in this Office Action.
Claim Rejections - 35 USC § 103 (AIA )
Claims 78-83 and 91-97 are rejected under 35 U.S.C. 103 as being obvious over US 2009/0298034 A1 to PARRY in view of US 2017/0196277 A1 to HENRY.
Regarding claim 78, PARRY teaches A wearable injury simulant (par. 0014: wearable wound simulant capable of replicating the visual, tactile, and functional aspects of a wound and tissues and structures adjacent thereto so as to facilitate a realistic medical training tool; FIG. 1; 5B; 6B: skin replica 1), comprising:
a first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a top surface) configured to mimic one or more of a contusion wound, an abrasion wound, a burn wound, a gunshot wound, and a puncture wound, wherein the first surface comprises a three-dimensional wound structure configured to replicate an appearance and functionality of a penetrating or non-penetrating injury for medical training, the wound structure having a multi-layered construction comprising materials replicating at least one of skin, tissue, muscle, bone, or internal organs (e.g., FIG. 5B and 6B, wound 26; par. 0015: wearable wound simulant includes a skin replica having the appearance of a particular region of the human body, …and at least one wound disposed along the skin replica…skin replica further includes a plurality of bendable layers arranged to replicate visual and tactile properties of skin and at least one tear resistant layer comprised of a fabric material; par. 0016: skin replica could include pigments to replicate a bruise or burn; par. 0017: wound simulant could include an object having the visual and tactile properties of a bone; par. 0019: wearable wound simulant could also include a penetration cavity which extends beyond the skin replica…wearable wound simulant could also include an object representative of an internal organ that protrudes from a wound; par. 0049: multi-layered structure… and at least one wound…Wounds … are also understood to mean a structure representative of an injury caused by a penetration, impact, blast, fire, or other combat-related wound); and
a second surface spaced apart from the first surface and attached to a portion of the first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a bottom surface opposite the top surface, the top surface spaced apart from the top surface, and the top surface shown attached to the bottom surface via the intervening layers/material between the top and bottom surface).
Although PARRY does not expressly disclose:
an internal region between the first surface and the second surface comprising a one or more magnets such that the one or more magnets are embedded into the internal region; and
one or more magnets configured to attach to the one or more embedded magnets, wherein the one or more magnets are configured to move independently from the first surface and the second surface,
PARRY does disclose the wound simulant could include a fastener system to secure the wound simulant onto a user (par. 0018). HENRY further teaches a known fastener system to secure an object onto a user (Abstract: article of apparel comprising fastening system for attachment of attachment element) comprising a first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an outer surface facing away from the apparel to which it is secured); a second surface spaced apart from the first surface and attached to a portion of the first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an inner surface facing toward the apparel to which it is secured); an internal region between the first surface and the second surface [and] one or more magnets [] (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, may comprise a fastening system including a magnetic fastening system); and one or more magnets configured to attach to the one or more embedded magnets, wherein the one or more magnets are configured to move independently from the first surface and the second surface (par. 0064: when a magnetic fastening system is utilized, magnetic elements or buttons may be incorporated into the textile materials of apparel 100). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a known fastener system to attach an object onto a user, as taught by HENRY, into the invention of PARRY, in order to apply a known technique of fastening objects to a user to a known device that uses a fastener system ready for improvement to yield predictable results. To the extent HENRY does not expressly disclose an internal region between the first surface and the second surface comprising a one or more magnets such that the one or more magnets are embedded into the internal region, shifting the position of the element which does not modify the operation of the device does not patentably distinguish the claimed invention over the prior art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); See also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). HENRY expressly teaches embedding fastening elements between layers of the apparel (e.g., FIG. 27, ref. attachment element 411 secured between layers 407 and 408). Thus, although HENRY does not provide details of the magnet embedded between the first and second surface of the attachment elements, shifting the position of the magnet relative to the first and second surface to between the first and second surface, would not change this function of HENRY. The magnet of the attachment element would function to attach the attachment element to the apparel in the same manner, regardless of where it is positioned relative to the first and second surface (i.e., on a surface or embedded between surfaces). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to shift the position the magnet of the attachment element disclosed by HENRY, to an embedded position between the first and second surface, as a matter of design choice which does not impact the function of the device. Doing so would have been obvious to one of ordinary skill in the art because it would merely be applying a known technique taught by HENRY to another element taught by HENRY for the same purpose in the modified system of PARRY.
Regarding claim 79, PARRY teaches wherein the wearable injury simulant comprises a silicone material (par. 0050: layers…are each composed of one or more silicone-based polymers) .
Regarding claim 80, PARRY teaches wherein the wearable injury simulant comprises a cloth material (par. 0050: fabric layer 5 is a woven structure or the like, which is flexible, stretchable, and resilient, composed of natural or synthetic fibers, one example being polyester).
Regarding claim 81, PARRY teaches wherein the one or more of a contusion wound, an abrasion wound, a burn wound, a gunshot wound, and a puncture wound comprises a gunshot wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 82, PARRY teaches wherein the one or more of a contusion wound, an abrasion wound, a burn wound, a gunshot wound, and a puncture wound comprises a puncture wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 83, PARRY teaches wherein the wearable injury simulant is configured to be attached to at least a portion of a moulage training uniform (par. 0018: the wound simulant could include a fastener system to secure the wound simulant onto a user. Therefore, the wound simulant is inherently capable of attaching to a portion of a moulage training uniform worn by the user).
Regarding claim 91, PARRY teaches A wearable injury simulant (par. 0014: wearable wound simulant capable of replicating the visual, tactile, and functional aspects of a wound and tissues and structures adjacent thereto so as to facilitate a realistic medical training tool; FIG. 1; 5B; 6B: skin replica 1), comprising:
a first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a top surface) configured to mimic one or more of a contusion wound, an abrasion wound, a burn wound, a gunshot wound, and a puncture wound, wherein the first surface comprises a three-dimensional wound structure configured to replicate the appearance and functionality of a penetrating or non-penetrating injury for medical training, the wound structure having a multi-layered construction comprising materials including one more of a latex material, rubber material, or other durable material configured to replicate at least one of skin, tissue, muscle, bone, or internal organs (e.g., FIG. 5B and 6B, wound 26; par. 0015: wearable wound simulant includes a skin replica having the appearance of a particular region of the human body, …and at least one wound disposed along the skin replica…skin replica further includes a plurality of bendable layers arranged to replicate visual and tactile properties of skin and at least one tear resistant layer comprised of a fabric material; par. 0016: skin replica could include pigments to replicate a bruise or burn; par. 0017: wound simulant could include an object having the visual and tactile properties of a bone; par. 0019: wearable wound simulant could also include a penetration cavity which extends beyond the skin replica…wearable wound simulant could also include an object representative of an internal organ that protrudes from a wound; par. 0049: multi-layered structure… and at least one wound…Wounds … are also understood to mean a structure representative of an injury caused by a penetration, impact, blast, fire, or other combat-related wound); and
a second surface spaced apart from the first surface and portion of the second surface is attached to the first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a bottom surface opposite the top surface, the top surface spaced apart from the top surface, and the top surface shown attached to the bottom surface via the intervening layers/material between the top and bottom surface).
Although PARRY does not expressly disclose:
one or more first hook and loop attachment mechanisms affixed to the second surface; and
one or more second hook and loop attachment mechanisms configured to attach to the one or more first hook and loop attachment mechanisms affixed to the second surface, wherein the one or more second hook and loop attachment mechanisms are configured to move independently from the one or more first hook and loop attachment mechanisms affixed to the second surface,
PARRY further discloses the wound simulant could include a fastener system to secure the wound simulant onto a user, including using hook-and-loop (par. 0018). HENRY a first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an outer surface facing away from the apparel to which it is secured); a second surface spaced apart from the first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an inner surface facing toward the apparel to which it is secured); one or more first hook and loop attachment mechanisms affixed to the second surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, may comprise a fastening system including a hook and loop fastening system (e.g., VELCRO, which is manufactured by VELCRO USA, Inc. of Manchester, N.H., United States of America)); and one or more second hook and loop attachment mechanisms configured to attach to the one or more first hook and loop attachment mechanisms affixed to the second surface, wherein the one or more second hook and loop attachment mechanisms are configured to move independently from the one or more first hook and loop attachment mechanisms affixed to the second surface (par. 0064: elements of either a hook part or a loop part of a hook-and-loop fastening system may be secured to apparel 100 in order to form a portion of outer surface 107. Alternatively, the textile material forming apparel 100 may be manufactured to define the hook part or the loop part of the hook-and-loop fastening system. That is, the hook part or the loop part of the hook-and-loop fastening system may be knitted as an integral part of the textile material forming apparel 100). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a known fastener system to attach an object onto a user, as taught by HENRY, into the invention of PARRY, in order to apply a known technique of fastening objects to a user to a known device that uses a fastener system ready for improvement to yield predictable results.
Regarding claim 92, PARRY teaches wherein the wearable injury simulant comprises a silicone material (par. 0050: layers…are each composed of one or more silicone-based polymers) .
Regarding claim 93, PARRY teaches wherein the wearable injury simulant comprises a cloth material (par. 0050: fabric layer 5 is a woven structure or the like, which is flexible, stretchable, and resilient, composed of natural or synthetic fibers, one example being polyester).
Regarding claim 94, PARRY teaches wherein the wearable injury comprises a puncture wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 95, PARRY teaches wherein the injury comprises a burn wound (par. 0016: the skin replica could include pigments to replicate a … burn; par. 0063: replicate tissues compromise by a …burn).
Regarding claim 96, PARRY teaches wherein the wearable injury comprises a gunshot wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 97, PARRY teaches wherein the wearable injury simulant is configured to be attached to an access panel of a moulage training uniform (par. 0018: the wound simulant could include a fastener system to secure the wound simulant onto a user. Therefore, the wound simulant is inherently capable of attaching to a portion of a moulage training uniform worn by the user).
Claims 84-90 are rejected under 35 U.S.C. 103 as being obvious over PARRY in view of HENRY, and further in view of US 2009/0049719 A1 to COMPTON.
Regarding claim 84, PARRY teaches A kit, comprising: a wearable injury simulant (par. 0014: wearable wound simulant capable of replicating the visual, tactile, and functional aspects of a wound and tissues and structures adjacent thereto so as to facilitate a realistic medical training tool; FIG. 1; 5B; 6B: skin replica 1) comprising
a first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a top surface) configured to mimic an injury, wherein the first surface comprises a three-dimensional wound structure configured to replicate an appearance and functionality of a penetrating or non-penetrating injury for medical training, the wound structure having a multi-layered construction comprising materials replicating at least one of skin, tissue, muscle, bone, or internal organs (e.g., FIG. 5B and 6B, wound 26; par. 0015: wearable wound simulant includes a skin replica having the appearance of a particular region of the human body, …and at least one wound disposed along the skin replica…skin replica further includes a plurality of bendable layers arranged to replicate visual and tactile properties of skin and at least one tear resistant layer comprised of a fabric material; par. 0016: skin replica could include pigments to replicate a bruise or burn; par. 0017: wound simulant could include an object having the visual and tactile properties of a bone; par. 0019: wearable wound simulant could also include a penetration cavity which extends beyond the skin replica…wearable wound simulant could also include an object representative of an internal organ that protrudes from a wound; par. 0049: multi-layered structure… and at least one wound…Wounds … are also understood to mean a structure representative of an injury caused by a penetration, impact, blast, fire, or other combat-related wound); and
a second surface spaced apart from the first surface and attached to a portion of the first surface (FIG. 1; 5B; 6B: skin replica 1, as shown comprising a bottom surface opposite the top surface, the top surface spaced apart from the top surface, and the top surface shown attached to the bottom surface via the intervening layers/material between the top and bottom surface).
Although PARRY does not expressly disclose:
an internal region between the first surface and the second surface comprising a one or more magnets such that the one or more magnets are embedded into the internal region; and
one or more magnets configured to attach to the one or more embedded magnets, wherein the one or more magnets are configured to move independently from the first surface and the second surface; and
instructions for use,
PARRY does disclose the wound simulant could include a fastener system to secure the wound simulant onto a user (par. 0018). HENRY teaches a known fastener system to secure an object onto a user (Abstract: article of apparel comprising fastening system for attachment of attachment element) comprising a first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an outer surface facing away from the apparel to which it is secured); a second surface spaced apart from the first surface and attached to a portion of the first surface (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, comprises an inner surface facing toward the apparel to which it is secured); an internal region between the first surface and the second surface [and] one or more magnets [] (par. 0060-62: each attachment element 111-115, as depicted in FIG. 2A, may comprise a fastening system including a magnetic fastening system); and one or more magnets configured to attach to the one or more embedded magnets, wherein the one or more magnets are configured to move independently from the first surface and the second surface (par. 0064: when a magnetic fastening system is utilized, magnetic elements or buttons may be incorporated into the textile materials of apparel 100). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a known fastener system to attach an object onto a user, as taught by HENRY, into the invention of PARRY, in order to apply a known technique of fastening objects to a user to a known device that uses a fastener system ready for improvement to yield predictable results. To the extent HENRY does not expressly disclose an internal region between the first surface and the second surface comprising a one or more magnets such that the one or more magnets are embedded into the internal region, shifting the position of the element which does not modify the operation of the device does not patentably distinguish the claimed invention over the prior art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); See also In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice). HENRY expressly teaches embedding fastening elements between layers of the apparel (e.g., FIG. 27, ref. attachment element 411 secured between layers 407 and 408). Thus, although HENRY does not provide details of the magnet embedded between the first and second surface of the attachment elements, shifting the position of the magnet relative to the first and second surface to between the first and second surface, would not change this function of HENRY. The magnet of the attachment element would function to attach the attachment element to the apparel in the same manner, regardless of where it is positioned relative to the first and second surface (i.e., on a surface or embedded between surfaces). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date to shift the position the magnet of the attachment element disclosed by HENRY, to an embedded position between the first and second surface, as a matter of design choice which does not impact the function of the device. Doing so would have been obvious to one of ordinary skill in the art because it would merely be applying a known technique taught by HENRY to another element taught by HENRY for the same purpose in the modified system of PARRY.
Regarding instructions for use, COMPTON teaches a related product comprising an accessory that attaches to a garment (Abstract: attachable and detachable cover for a pocket; FIG. 4A-4B, for example, showing cover 140 attaching to the garment via magnets). COMPTON teaches the disclosed invention may be a kit and include instructions (par. 0049: kit, including instructions to enable the creation of decorative pocket covers as described.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to incorporate instructions for use, as taught by COMPTON, into the modified device of PARRY, in order to provide the end user with guidance on how to use the provided contents of the kit.
Regarding claim 85, PARRY teaches wherein the wearable injury simulant comprises a silicone material (par. 0050: layers…are each composed of one or more silicone-based polymers) .
Regarding claim 86, PARRY teaches wherein the injury simulant comprises a cloth material (par. 0050: fabric layer 5 is a woven structure or the like, which is flexible, stretchable, and resilient, composed of natural or synthetic fibers, one example being polyester).
Regarding claim 87, PARRY teaches wherein the wearable injury comprises a puncture wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 88, PARRY teaches wherein the injury comprises a burn wound (par. 0016: the skin replica could include pigments to replicate a … burn; par. 0063: replicate tissues compromise by a …burn).
Regarding claim 89, PARRY teaches wherein the wearable injury comprises a gunshot wound (par. 0063: a hole or cavity into one or more layers of the skin replica 1 to replicate tissues compromised by a projectile; par. 0077: two wound cavities 36 could be arranged to replicate the entry and exit points produced by a projectile…wound cavity 36 has the tactile properties associated with a gunshot wound).
Regarding claim 90, PARRY teaches wherein the injury simulant is configured to be attached to one or more access panels of a moulage training uniform (par. 0018: the wound simulant could include a fastener system to secure the wound simulant onto a user. Therefore, the wound simulant is inherently capable of attaching to a portion of a moulage training uniform worn by the user).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES B HULL/Primary Examiner, Art Unit 3715