DETAILED ACTION
The following Office Action is in response to the Request for Continued Examination filed on December 2, 2025. Claims 1, 3-8, and 10-18 are currently pending.
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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 2, 2025 has been entered.
Response to Amendment
Concerning the “Drawings Objections” on page 6 of the Applicant’s Response filed on December 2, 2025, the amendment to claim 7 to remove limitation not shown in the drawings has obviated the necessity of the objection to the Drawings. Therefore, the objection is withdrawn.
Concerning the “Rejections under 35 U.S.C. 112” section on page 6 of the Applicant’s Response filed on December 2, 2025, the amendments to claims 1, 5, 7, and 10 to remove the limitations lacking written description have obviated the necessity of the rejections of the claims under 35 U.S.C. §112(a), and the amendments to claims 9 and 18 to address the issues of indefiniteness have obviated the necessity of the rejections of the claims under 35 U.S.C. §112(b). Therefore, the rejections are withdrawn.
Response to Arguments
Concerning the “Rejections under 35 U.S.C. 103” section on pages 7-8 of the Applicant’s Response filed on December 2, 2025, the applicant’s arguments have been fully considered, but they are not persuasive. The applicant argues that the combination of the Herbst, Ganske, and Nardi references does not teach the limitation of a “cut off feature positioned on or adjacent to the adjustable clamp and configured to remove an excess portion of the universal cuff after locking, without requiring removal of the cuff from the patient”, arguing that the prior art references do not teach any cutting mechanism, blade, or structure that may be defined as a cut off feature and does not teach that the excess may be removed without removing the cuff. However, the examiner asserts that Herbst reference teaches an excess portion of the strap adjacent to the adjustable clamp, wherein said excess portion may be defined as a cut off feature given the portion may be trimmed to remove an excess portion of the universal cuff. This is the same structure identified in the Specification of the Instant Application as the cut off feature, and thus must be a reasonable interpretation for the structure. Furthermore, the cut off feature is capable of being cut off and removed, and thus capable of removing an excess portion of the universal cuff after locking by nature of being removed, and this removal may be accomplished without requiring removal of the cuff from the patient by simply cutting said portion off with a cutting implement. Therefore, the rejections of the claims under 35 U.S.C. §103 stand.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 16 and 18 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The claims recite the limitations of “a cut off feature” which is already claimed in independent claim 1, therein failing to further limit the claim. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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) 1, 3-6, 8, and 10-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbst et al. (US 2023/0270448, hereinafter Herbst) in view of Ganske et al. (US 2016/0022269, hereinafter Ganske) and Nardi et al. (US 2008/0071202, hereinafter).
Concerning claim 1, the Herbst et al. prior art reference teaches a battery powered cordless pneumatic torniquet (Figures 1-15; 10), comprising: a universal cuff (Figure 1; 12) extending from an adjustable clamp (Figure 1; 32), the universal cuff comprising a plurality of teeth extending along a length of the universal cuff (Figure 3; 34), the plurality of teeth constructed and arranged to engage with a plurality of complementary teeth provided on the adjustable clamp to permit adjustable locking of the universal cuff (Figure 3; 36); and a battery (Figure 10; 54) to provide power to a pump (Figure 10; 52), the pump configured to selectively, via a microprocessor (Figure 10; 58), expand and contract one or more inflatable components (Figure 1; 18) positioned on the cuff and apply sufficient pressure to occlude a portion of a patient’s arm ([¶ 0099], inflatable component may be inflated to a personalized limb occlusion pressure); and a cut off feature positioned on or adjacent to the adjustable clamp (Figure 2; excess portion of strap 28 may be interpreted as a cut off feature given the excess portion of the strap may be cut off) and configured to remove an excess portion of the universal cuff after locking (excess portion is removed by removing the cut off feature), without requiring removal of the cuff from the patient (the cut off portion may be removed while the cuff is placed on a patient), but it does not specifically teach the cuff being constructed of a resilient and flexible vinyl material capable of conforming to varying limb anatomies, the one or more inflatable components positioned within a housing, or the microprocessor controlling a feedback loop from integrated pressure sensors to maintain occlusion pressure within a predetermined therapeutic range.
However, the Ganske reference teaches a battery powered cordless pneumatic torniquet (Figure 1; 2) similar to that of the Herbst reference, wherein the reference teaches an inflatable component that is positioned within two layers (Figure 6; 16, 18), therein defining a housing.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the inflatable component of the Herbst reference be positioned within a housing as in the Ganske reference to allow the inflatable component to be covered in a soft and/or non-irritating material and to provide moisture absorption, wicking, and/or breathability to the cuff (Ganske; [¶ 0058]).
Furthermore, the Nardi reference teaches a battery powered cordless pneumatic torniquet (Figure 1) similar to that of the Herbst reference, wherein the Nardi reference teaches a universal cuff constructed of a material capable of conforming to varying limb anatomies, wherein the reference teaches that the cuff may be constructed of non-woven PVC (vinyl) material (Nardi; [¶ 0032]) which is a resilient and flexible polymeric material.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the universal cuff of the Herbst reference to be constructed of a non-woven PVC material as in the Nardi reference given the Nardi reference teaches such a material as an appropriate material for constructing a universal cuff that may accommodate limbs of differing sizes and shapes ([¶ 0032]).
The Nardi reference further teaches a pump configured to selectively, via a microprocessor, expand and contract one or more inflatable components, wherein the microprocessor controls a feedback loop from integrated sensors to maintain occlusion pressure within a predetermined therapeutic range (Nardi; [¶ 0069-0071]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the microprocessor of the Herbst reference control a feedback loop from integrated sensors to maintain occlusion pressure within a predetermined therapeutic range as in the Nardi reference to allow the system to automatically apply proper therapy to a patient’s limb (Nardi; [¶ 0069]).
Concerning claim 3, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, wherein the Herbst reference further teaches the universal cuff extending into a right side of the adjustable clamp (Figure 2; 28, 38).
Concerning claim 4, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, wherein the Herbst reference further teaches the universal cuff being engaged with a bottom portion of the adjustable clamp (Figure 3; 32).
Concerning claims 5 and 16, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, wherein the Herbst reference further teaches the universal clamp including a locking mechanism (Figure 2; 14) which is constructed and arranged to secure engagement of the universal cuff.
Concerning claim 6, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, wherein the Herbst reference further teaches the adjustable clamp including a latch to permit the selective opening and closing of the locking mechanism (Figure 3; 38).
Concerning claim 8, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, wherein the Herbst reference further teaches a housing containing the battery and the pump (Figure 10; 16) while the Ganske reference, which has been used to modify the Herbst reference teaches the housing containing the battery, pump, and the inflatable component (Herbst; Figure 6; 16, 18).
Concerning claim 10, the Herbst et al. prior art reference teaches a battery powered cordless pneumatic torniquet (Figures 1-15; 10), comprising: a universal cuff (Figure 1; 12) extending from an adjustable clamp (Figure 1; 32); and a battery (Figure 10; 54) to provide power to a pump (Figure 10; 52), the pump configured to selectively, via a microprocessor (Figure 10; 58), expand and contract one or more inflatable components (Figure 1; 18) positioned on the cuff and apply sufficient pressure to occlude a portion of a patient’s arm ([¶ 0099], inflatable component may be inflated to a personalized limb occlusion pressure), and a central control unit (Figure 1; 16) in communication with a sensor, wherein the sensor detects that the pulse of an artery is no longer detectable and instructs the pump that inflates the one or more inflatable components to stop increasing pressure and maintain a current pressure ([¶ 0037]), and a cut off feature positioned on or adjacent to the adjustable clamp (Figure 2; excess portion of strap 28 may be interpreted as a cut off feature given the excess portion of the strap may be cut off) and configured to remove an excess portion of the universal cuff after locking (excess portion is removed by removing the cut off feature), without requiring removal of the cuff from the patient (the cut off portion may be removed while the cuff is placed on a patient), but it does not specifically teach the cuff being constructed of a resilient and flexible vinyl material capable of conforming to varying limb anatomies, the one or more inflatable components positioned within a housing, or the microprocessor controlling a feedback loop from integrated pressure sensors to maintain occlusion pressure within a predetermined therapeutic range.
However, the Ganske reference teaches a battery powered cordless pneumatic torniquet (Figure 1; 2) similar to that of the Herbst reference, wherein the reference teaches an inflatable component that is positioned within two layers (Figure 6; 16, 18), therein defining a housing.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the inflatable component of the Herbst reference be positioned within a housing as in the Ganske reference to allow the inflatable component to be covered in a soft and/or non-irritating material and to provide moisture absorption, wicking, and/or breathability to the cuff (Ganske; [¶ 0058]).
Furthermore, the Nardi reference teaches a battery powered cordless pneumatic torniquet (Figure 1) similar to that of the Herbst reference, wherein the Nardi reference teaches a universal cuff constructed of a material capable of conforming to varying limb anatomies, wherein the reference teaches that the cuff may be constructed of non-woven PVC material (Nardi; [¶ 0032]) which is a resilient and flexible polymeric material.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the universal cuff of the Herbst reference be constructed of a non-woven PVC material as in the Nardi reference given the Nardi reference teaches such a material as an appropriate material for constructing a universal cuff that may accommodate limbs of differing sizes and shapes ([¶ 0032]).
The Nardi reference further teaches a pump configured to selectively, via a microprocessor, expand and contract one or more inflatable components, wherein the microprocessor controls a feedback loop from integrated sensors to maintain occlusion pressure within a predetermined therapeutic range (Nardi; [¶ 0069-0071]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the microprocessor of the Herbst reference control a feedback loop from integrated sensors to maintain occlusion pressure within a predetermined therapeutic range as in the Nardi reference to allow the system to automatically apply proper therapy to a patient’s limb (Nardi; [¶ 0069]).
Concerning claim 11, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 10, wherein the Herbst reference further teaches the universal cuff comprising a plurality of teeth extending along a length of the universal cuff (Figure 3; 34), the plurality of teeth permitting adjustable locking with a plurality of complimentary teeth provided on the adjustable clamp (Figure 3; 36), wherein the universal cuff includes a top surface whereon the plurality of teeth are provided (Figure 2; 30).
Concerning claim 12, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 11, wherein the Herbst reference further teaches the universal cuff extending into a right side of the adjustable clamp (Figure 2; 28, 38).
Concerning claim 13, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 12, wherein the Herbst reference further teaches the universal cuff being engaged with a bottom portion of the adjustable clamp (Figure 3; 32).
Concerning claim 14, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 13, wherein the Herbst reference further teaches the universal clamp including a locking mechanism (Figure 2; 14).
Concerning claim 15, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 14, wherein the Herbst reference further teaches the adjustable clamp including a latch to permit the selective opening and closing of the locking mechanism (Figure 3; 38).
Concerning claims 17 and 18, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 16, wherein the Herbst reference further teaches a housing containing the battery and the pump (Figure 10; 16) while the Ganske reference, which has been used to modify the Herbst reference teaches the housing containing the battery, pump, and the inflatable component (Herbst; Figure 6; 16, 18).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Herbst et al. (US 2023/0270448, hereinafter Herbst) in view of Ganske et al. (US 2016/0022269, hereinafter Ganske) and Nardi et al. (US 2008/0071202, hereinafter) as applied to claims 1, 3-6, 8, and 10-18 above, and further in view of Carson et al. (US 2019/0274693, hereinafter Carson).
Concerning claim 7, the combination of the Herbst, Ganske, and Nardi references as discussed above teaches the battery powered cordless pneumatic tourniquet of claim 1, but does not specifically teach the cut off feature comprising a utility scissor configured to safely sever an excess portion of the cuff beyond the clamp without compromising patient safety or sterility.
However, the Carson reference teaches a tourniquet having a cut off feature, therein being in the same field of endeavor, wherein the reference teaches that the cut off feature may include a section of the strap that may be trimmed wherein said trimming may be performed with a hand tool such as scissors ([¶ 0036]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have the cut off feature of the Herbst, Ganske, and Nardi combination include a utility scissor configured to safely sever an excess portion of the cuff beyond the clamp without compromising patient safety or sterility as in the Carson reference to provide a tool to facilitate easy cutting and trimming of the cut off feature / excess strap portion (Carson; [¶ 0036]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARTIN TRUYEN TON whose telephone number is (571)270-5122. The examiner can normally be reached Monday - Friday; EST 10:00 AM - 6:30 PM.
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/MARTIN T TON/Examiner, Art Unit 3771 1/9/2026