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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on 03/09/2026. As directed by the amendment: claims 21, 33, and 39 have been amended, claims 1-20 and 29 have been cancelled. Thus, claims 21-28 and 30-41 are presently pending in this application.
Response to Arguments
Applicant’s arguments, see pages 8-11, filed 03/09/2026, with respect to the rejection(s) of claim(s) 21 under 35 U.S.C. 103 as being unpatentable over Yang in view of Kiemeneij and Belanger et al (WO 2015008240 A1), herein referenced to as “Belanger” have been fully considered and are persuasive.
The applicant has amended claim 21 to further recite “and wherein one of the one or more straps comprises two parallel strap portions and an opposing strap portion forming a two-pronged fork shape”.
The examiner agrees that this overcomes the combined references of Yang, Kiemeneij, and Belanger, as they do not that tone of the one or more straps comprise two parallel strap portions and an opposing strap portion forming a two-pronged fork shape.
Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yang in view of Kiemenij, Belanger, and Daneshvar (US 5514155 A), herein referenced to as “Daneshvar”.
Applicant’s arguments, see pages 11-12, filed 03/09/2026, with respect to the rejection(s) of claim(s) 33 under 35 U.S.C. 103 as being unpatentable over Yang et al (CN 207666641 U), herein referenced to as “Yang” (Machine translation attached with the Office Action mailed 06/16/2025) in view of Kiemeneij et al (US 20190133602 A1), herein referenced to as “Kiemeneij” have been fully considered and are persuasive.
The applicant has amended claim 33 to further recite “one or more straps fixedly coupled to an outer circumference of the collar”. The examiner agrees that combination of Yang and Kiemeneij does not teach the one or more straps fixedly coupled to an outer circumference of the collar.
Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Belanger in view of Kiemeneij.
Applicant’s arguments, see pages 12-14, filed 03/09/2026, with respect to the rejection(s) of claim(s) 39 under 35 U.S.C. 103 as being unpatentable over Yang in view of Kiemeneij and Popp (US 20190290288 A1), herein referenced to as “Popp” have been fully considered and are persuasive.
The applicant has amended claim 39 to further recite “comprising one or more straps coupled directly to an outer circumference of the collar”.
The examiner agrees that the combination Yang, Kiemeneij and Popp does not explicitly teach “comprising one or more straps coupled directly to an outer circumference of the collar”.
Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Belanger in view of Kiemeneij and Popp.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 33-36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belanger et al (WO 2015008240 A1), herein referenced to as “Belanger” (Original Document with paragraph numbers attached in Office Action mailed 12/10/2025) in view of Kiemeneij et al (US 20190133602 A1), herein referenced to as “Kiemeneij”.
Claim 33
Belanger discloses: A compression device 10 (see Figs. 1-6, [0055], hemostatic device), comprising: a compression member 16 + 22 + 24 (see Figs. 1-6, [0056]) configured to be coupled to a patient (see Figs. 1-6, [0056], in contact with skin of the patient) so as to apply compression to a compression site of the patient (see [0056], compression surface may be compressed directly against the skin of the patient, [0080], desired hemostatic effect); and a securement system 14 + 18 (see Figs. 1-6, comprising a collar 50 + 68 (see Figs. 1-6, [0058] and [0069], 50 + 68 is a collar as it is a circular portion that surrounds 16) coupled to the compression member 16 + 22 + 24 (see Figs. 1-6, [0058] and [0069]) and one or more straps 14 (see Fig. 1, [0055]) fixedly coupled to an outer circumference 44 (see Figs. 1-6, [0058], the broadest reasonable interpretation of circumference according to the online Merriam Webster dictionary is “the external boundary or surface of a figure or object”, which 44 is the external boundary of 50, which the straps 14 are attached to, this definition is consistent with the applicant’s use in their patent application publication “PGPUB” Fig. 9, [0088], which refers to “a collar 227 extending away from a circumference of the compression member 210” which 210 does not have a circular perimeter but rather a rounded rectangular perimeter, hence circumference here refers to a “the external boundary of an object”) of the collar 50, wherein an angle of a longitudinal first axis of the one or more straps 14 is adjustable about the compression member 16 + 22 + 24 by rotation of the collar 50 (see [0060], the straps 14 are attached to 50 via the outer circumference 44, and 44 is rotatable relative to 16, hence being able to change the angle of the longitudinal axis of the straps 14) about a central region the central region of 16 at 60 (see Figs. 1-3) of the compression member 16 + 22 + 24; and wherein the securement system 14 + 18 is configured to define a downward force of the compression member (see [0080], desired hemostatic effect, 0056], compression surface may be compressed directly against the skin of the patient).
Belanger does not explicitly disclose: an inflatable compression device; the compression member comprising an inflatable bladder, wherein a level of compression is at least partially defined by an inflation pressure within the bladder.
However, Kiemeneij in a similar field of invention teaches a compression device 200 (see Figs. 4A-10, [0040]) with a securement system 210, 220, 230 (see Fig. 8) and a compression member 240 (see Fig. 8). Kiemeneij further teaches: an inflatable compression device 200 (see Figs. 4A-10, [0040]); the compression member 240 comprising an inflatable bladder 245 (see Figs. 4A-10, [0043]), wherein a level of compression is at least partially defined by an inflation pressure within the bladder 245 (see [0042], inflation of the inflation member compresses onto the patient).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression device of Belanger to incorporate the teachings of Kiemeneij and teach a compression device that is an inflatable compression device with the compression member comprising an inflatable bladder, wherein a level of compression is at least partially defined by an inflation pressure within the bladder. Motivation for such can be found in Kiemeneij as this inflatable bladder is transparent so the puncture site can be seen to determine proper placement of the compression member during treatment (see [0044]).
Claim 34
The combination of Belanger and Kiemeneij teaches: the inflatable compression device of claim 33, see 103 rejection above. Belanger further discloses: wherein the one or more straps 14 comprises a first strap a first 14 attached to 44 (see Figs. 1-2) configured to extend around a torso of the patient and a second strap a second 14 attached to 46 (see Figs. 1-2) configured to extend over a shoulder of the patient.
The language, "configured to extend around the torso of the patient and configured to extend over a shoulder of the patient" constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Belanger meets the structural limitations of the claim, and the straps are capable of extending around the torso of a patient and around the shoulder of the patient and then secured with the securement system.
Claim 35
The combination of Belanger and Kiemeneij teaches: the inflatable compression device of claim 34, see 103 rejection above. Belanger further discloses: wherein the first strap a first 14 attached to 44 is attachable to the collar 50 at a plurality of locations (see [0056], strap 14 is adjustable in length via the amount folded/looped and fastened with the hook and loop fasteners) along the first strap a first 14 attached to 44 such that a length of the first strap a first 14 attached to 44 extending around the torso is adjustable; and wherein the second strap a second 14 attached to 46 is attachable to the collar 68 at a plurality of locations (see [0056], strap 14 is adjustable in length via the amount folded/looped and fastened with the hook and loop fasteners) along the second strap a second 14 attached to 46 such that a length of the second strap a second 14 attached to 46 extending over the shoulder is adjustable.
Claim 36
The combination of Belanger and Kiemeneij teaches: the inflatable compression device of claim 34, see 103 rejection above. Belanger further discloses: wherein the first strap a first 14 attached to 44 and the second strap a second 14 attached to 46 are attachable to the collar 50 + 68 at any of a plurality of locations (see Figs. 1-6, the straps can be fastened at any point on 44 and 46, hence a plurality of locations on the outer circumference) around the collar 50 + 68.
Claims 37-38 are rejected under 35 U.S.C. 103 as being unpatentable over Belanger and Kiemeneij as applied to claim 34 above, and further in view of Hopman et al (US 20150209052 A1), herein referenced to as “Hopman”.
Claim 37
The combination of Belanger and Kiemeneij teaches: the inflatable compression device of claim 34, see 103 rejection above. Belanger further discloses: wherein each of the first strap a first 14 attached to 44 and the second strap a second 14 attached to 46 comprises a loop component of the hook-and-loop fastening mechanism (see [0056], 14 have loop and hook fasteners, hence they have a loop component).
Belanger does not explicitly disclose: wherein the collar comprises a hook component of the hook-and-loop fastening mechanism.
However, Hopman in a similar field of invention teaches a compression device (see Fig. 43) with a first strap 374 (see Fig. 43) and a collar 340 (see Fig. 43) surrounding an inflatable bladder the bladder shown by the dotted line (see Fig. 43). Hopman further teaches: wherein the collar 340 comprises a hook component mating hook-bearing fastener material (see [0164]) of a hook-and-loop fastening mechanism fastener material (see [0082] and [0164]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Belanger to incorporate the teachings of Hopman and have the collar comprises a hook component of a hook-and-loop fastening mechanism. Motivation for such can be found in Hopman as this can be effective location to improve the point pressure of the device for use as a tourniquet (see [0164]).
Claim 38
The combination of Belanger and Kiemeneij teaches: the inflatable compression device of claim 37, see 103 rejection above. Belanger further discloses: wherein the second strap a second 14 attached to 46 further comprises the hook component of the hook-and- loop fastening mechanism (see [0056], 14 have loop and hook fasteners, hence they have a hook component); and wherein the second strap is coupleable to the first strap.
The language, " wherein the second strap is coupleable to the first strap," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Belanger meets the structural limitations of the claim, and is capable of the hook fastener on one strap coupling to the loop fastener on the other strap.
Furthermore, wherein in product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See MPEP 2112.01 I.
Claim(s) 39-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Belanger in view of Kiemeneij and Popp (US 20190290288 A1), herein referenced to as “Popp”.
Claim 39
Belanger discloses: A method of applying compression (see [0056], compression surface may be compressed directly against the skin of the patient, [0080], desired hemostatic effect) to a compression site located on a patient (see Figs. 1-6, [0056], in contact with skin of the patient), comprising: providing a compression device 10 (see Figs. 1-6, [0055], hemostatic device) comprising: a compression member 16 + 22 + 24 (see Figs. 1-6, [0058] and [0069]) coupled to a collar 50 + 68 (see Figs. 1-6, [0058] and [0069], 50 + 68 is a collar as it is a circular portion that surrounds 16); and a securement system 14 + 18 (see Figs. 1-6, [0056]) comprising one or more straps 14 (see Fig. 1, [0055]-[0056]) coupled directly 14 is directly coupled to 44 + 46 (see Figs. 1-6, [0058]) to an outer circumference 44 + 46 (see Figs. 1-6, [0058], the broadest reasonable interpretation of circumference according to the online Merriam Webster dictionary is “the external boundary or surface of a figure or object”, which 44 is the external boundary of 50, which the straps 14 are attached to, this definition is consistent with the applicant’s use in their patent application publication “PGPUB” Fig. 9, [0088], which refers to “a collar 227 extending away from a circumference of the compression member 210” which 210 does not have a circular perimeter but rather a rounded rectangular perimeter, hence circumference here refers to a “the external boundary of an object”) of the collar 50 + 68 and configured to secure the compression member 16 + 22 + 24 to the patient (see Figs. 1-6, [0056], in contact with skin of the patient); placing the compression member 16 + 22 + 24 over the compression site (see [0056] and [0080]); securing the compression member 16 + 22 + 24 to the patient (see [0056] and [0080]), wherein securing the compression member 16 + 22 + 24 to the patient comprises extending a first strap a first 14 attached to 44 (see Figs. 1-6, [0056]-[0058]) of the securement system 14 + 18 around the patient (see Fig. 1, [0056] and [0080]); adjusting an angle (see [0060], the straps 14 are attached to 50 via the outer circumference 44, and 44 is rotatable relative to 16, hence being able to change the angle of the longitudinal axis of the straps 14) of a longitudinal first axis the longitudinal axis of 14 of the first strap about a second axis the axis that passes through 60 (see Figs. 1-6) which passes transversely through the compression member 16 + 22 + 24 via rotation of the collar 50 about a central region the central region of 16 at 60 (see Figs. 1-3) of the compression member 16 + 22 + 24, and coupling the first strap a first 14 attached to 44 (see [0056]-[0058], coupling the straps to 44) to the compression member 16 + 22 + 24.
Belanger does not explicitly disclose: a method of applying compression to a compression site located on a torso of a patient, an inflatable compression member; while visually observing the compression site through a window of the compression member; securing by extending a first strap of the securement system around the torso of the patient; and inflating the compression member so as to establish a desired compression on the compression site.
However, Kiemeneij in a similar field of invention teaches a method of applying compression with a compression device 200 (see Figs. 4A-10, [0040]) with a securement system 210, 220, 230 (see Fig. 8) and a compression member 240 (see Fig. 8) and a collar 241 + 242 + 243 + 244 (see Figs. 4A-4B). Kiemeneij further teaches: an inflatable compression member 240 (see Figs. 4A-10, [0043]) coupled to the collar 241 + 242 + 243 + 244; while visually observing the compression site through a window (see [0043], transparent or translucent) of the compression member (see [0044]); and inflating the compression member 240 so as to establish a desired compression on the compression site (see [0042], inflation of the inflation member compresses onto the patient).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of applying compression to a compression site of Belanger to incorporate the teachings of Kiemeneij and teach a method of applying compression with an inflatable compression member coupled to the collar; while visually observing the compression site through a window of the compression member; and inflating the compression member so as to establish a desired compression on the compression site. Motivation for such can be found in Kiemeneij as this inflatable bladder is transparent so the puncture site can be seen to determine proper placement of the compression member during treatment (see [0044]).
The combination of Belanger and Kiemeneij does not explicitly disclose: a method of applying compression to a compression site located on a torso of a patient; securing by extending a first strap of the securement system around the torso of the patient.
However, Popp in a similar field of invention teaches a method of applying compression to a compression site located on a torso of a patient (see Figs. 1-5, especially 2A-2C, pressure being applied to the torso of a patient) with a compression member 106 + 112 (see Figs. 2A-2C) and a securement system 114 and 116 and a compression member 112. Popp further teaches: a method of applying compression to a compression site located on a torso of a patient (see Figs. 1-5, especially 2A-2C, pressure being applied to the torso of a patient, see [0017]-[0018], patient’s torso), the compression site patient’s torso on the torso of the patient (see Figs. 2A-2C) and securing by wrapping a first strap a first strap 116 (see Figs. 1-5, especially Fig. 2B) of the securement system 114 and 116 around the torso of the patient (see Fig. 2B, the straps are wrapped around the torso of the patient’s body, see [0046]-[0047]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the combination of Belanger and Kiemeneij to incorporate the teachings of Popp and have a method of applying compression to a compression located on the torso of a patient, the compression site on the torso of the patient, and securing by wrapping a first strap of the securement system around the torso of the patient. Motivation for such can be found in Popp as this would allow the device to reduce blood flow to a wound on the torso and occlude the patient’s subclavian artery (see [0045]).
Claim 40
The combination of Belanger, Kiemeneij, and Popp teaches: the method of claim 39, see 103 rejection above. Popp further teaches: wherein securing the compression member to the patient further comprises extending a second strap a second strap 116 (see Fig. 2B) of the securement system 114 + 116 over a shoulder of the patient (see Fig. 2B, a strap 116 goes over the shoulder of the patient) and coupling the second strap a second strap 116 to the compression member 106 + 112 and to the first strap a first strap 116 (by coupling to the compression member it also couples to the other straps, including the first strap.
Claim(s) 21-28, 30-32, and 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (CN 207666641 U), herein referenced to as “Yang” (Machine translation attached with the Office Action mailed 06/16/2025) in view of Kiemeneij, Belanger, and Daneshvar (US 5514155 A), herein referenced to as “Daneshvar”.
Claim 21
Yang discloses: An compression device (see Figs. 1-3, [0006], compression tourniquet), comprising: a compression member 30 (see Figs. 1-3, [0029], compression body) configured to be coupled to a patient (see [0029] and [0030], compression on the puncture point of the patient) so as to apply compression to a compression site of the patient (see [0029]-[0030]); and a securement system 1 + 2 + 3 (see Figs. 1-3, [0022]-[0024] and [0027]) comprising: a collar rotating part/component + 31 (see Figs. 1-3, [0027]) coupled to the compression member 30 (see Fig. 3, [0029]); and one or more straps 1 + 2 (see Figs. 1-3, [0027], 1 and 2 are arranged in the rotating part and can rotate with the rotating part) coupleable to the collar rotating part/component + 31 (see [0027]); wherein an angle of a longitudinal first axis the angle of 1 + 2 defined by the length of the straps is adjustable about the axis that runs through the rotating part/component + 31, which surrounds the central region of 30, the compression member (see Fig. 3, [0027]-[0029]) of the one or more straps 1 + 2 is adjustable about a second axis axis that runs through the rotating part/component + 31 that is transverse to the lengths of the straps 1 + 2 (see Figs. 1-3) which passes transversely through a central region central region of 30 (see Fig. 3) of the compression member 30; and wherein the securement system 1 + 2 + 3 is configured to define a downward force ([0030], the force is directed downwards through 30) of the compression member 30.
Yang does not explicitly disclose: an inflatable compression device; the compression member comprising an inflatable bladder, wherein a level of compression is at least partially defined by an inflation pressure within the bladder; the one or more straps coupled to a circumference of the collar; and wherein one of the one or more straps comprises two parallel strap portions and an opposing strap portion forming a two-pronged fork shape.
However, Kiemeneij in a similar field of invention teaches a compression device 200 (see Figs. 4A-10, [0040]) with a securement system 210, 220, 230 (see Fig. 8) and a compression member 240 (see Fig. 8). Kiemeneij further teaches: an inflatable compression device 200 (see Figs. 4A-10, [0040]); the compression member 240 comprising an inflatable bladder 245 (see Figs. 4A-10, [0043]), wherein a level of compression is at least partially defined by an inflation pressure within the bladder 245 (see [0042], inflation of the inflation member compresses onto the patient).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression device of Yang to incorporate the teachings of Kiemeneij and teach a compression device that is an inflatable compression device with the compression member comprising an inflatable bladder, wherein a level of compression is at least partially defined by an inflation pressure within the bladder. Motivation for such can be found in Kiemeneij as this inflatable bladder is transparent so the puncture site can be seen to determine proper placement of the compression member during treatment (see [0044]).
The combination of Yang and Kiemeneij does not explicitly disclose: and wherein one of the one or more straps comprises two parallel strap portions and an opposing strap portion forming a two-pronged fork shape.
However, Belanger in a similar field of invention teaches an compression device 10 (see Figs. 1-16) with one or more straps 14 (see Figs. 1-16, [0055], pair of straps), a compression member 16 (see Figs. 1-16), and a collar 18 + 44 + 46 (see Figs. 1-16, [0057]-[0058]) with the angle of a longitudinal first axis of the one or more straps 14 is adjustable about a second axis which passes transversely through a central region of the compression member (see [0059]-[0060], the straps 14 are attached to the collar 44 + 46, and 44/46 are rotatable relative to the device body 16). Belanger further teaches: the one or more straps 14 coupled to a circumference 70 + 72 (see Figs. 1-3, [0059], the elements 70 + 72 are attachments on the circumference of 44 + 46, hence 14 is coupled to the circumference of 44 + 46) of the collar 44 + 46.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang and Kiemeneij to incorporate the teachings of Belanger and teach a compression device with the one or more straps coupled to a circumference of the collar. Motivation for such can be found in Belanger as this allows the straps to be rotatable independently from each other (see [0061]) and have separate predetermined angle ranges for rotation for different applications (see [0061]).
The combination of Yang, Kiemeneij, and Belanger does not explicitly teach: and wherein one of the one or more straps comprises two parallel strap portions and an opposing strap portion forming a two-pronged fork shape.
However, Daneshvar in a similar field of invention teaches an inflatable compression device (see Fig. 13) with one or more straps 639, 641, 643, and 647 (see Fig. 13, 647 is connected to 639 which is connected to 641 and 643, and hence it is one strap to fasten around a body part). Daneshvar further teaches: wherein one of the one or more straps 639, 641, 643 and 647 (see Fig. 13) comprises two substantially parallel strap portions 641 and 643 and an opposing strap portion 647 forming a two-pronged fork shape (641 and 643 make two prongs of the fork shape, while 647 makes the “handle” of the fork shape).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang to incorporate the teachings of Daneshvar and have a first strap with two substantially parallel strap portions and an opposing strap portion forming a two-pronged fork shape. Motivation or such can be found in Daneshvar as this allows the strap to go around different parts of the anatomy to allow the inflatable compression device to fit more securely around a joint area (see col. 6, ll 31-50).
Claim 22
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above.
The language, "the compression device is configured to apply compression to a compression site located on a torso of the patient," constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the combination device of Yang and Kiemeneij meets the structural limitations of the claim, and is capable of applying compression to the torso of a patient, by being placed around the torso of a patient, for example, the chest area, then secured with the securement system and then inflated to apply compression.
Claim 23
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Kiemeneij further teaches: wherein the compression member 240 comprises an elongate shape (see Figs. 4A-10, 240 is an elongate shape in which one of its dimensions is longer than its other dimension) so as to apply compression to an elongate compression site (the elongate compression member defines whatever it is over to be an elongate compression site).
Claim 24
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Kiemeneij further teaches: wherein the compression member 240 defines a window (see [0043], transparent or translucent) to facilitate visual observance of the compression site (see [0043], transparent to see the puncture site/compression site).
Claim 25
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Kiemeneij further teaches: wherein the bladder 245 is transparent (see [0043], transparent or translucent).
Claim 26
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Kiemeneij further teaches: wherein the compression member 240 further comprises a top plate 244 (see Figs. 4A-10, [0043]) and an inflation port 251 (see Figs. 4A-10, [0047]), wherein the inflation port 251 is coupled to a top surface top surface of 244 (see [0046]) of the top plate 244 and the bladder 245 is coupled to a bottom surface the bottom surface of 244 of the top plate 244, and wherein the inflation port 251 is in fluid communication with the bladder 245 (see [0047]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang to incorporate the teachings of Kiemeneij and teach an compression device with the compression member further comprises a top plate and an inflation port, wherein the inflation port is coupled to a top surface of the top plate and the bladder is coupled to a bottom surface of the top plate, and wherein the inflation port is in fluid communication with the bladder. Motivation for such can be found in Kiemeneij as the port can be releasably coupled to a syringe to allow inflation and deflation of the compression member to modulate the amount of compression at the compression site (see [0047]).
Claim 27
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 26, see 103 rejection above. Kiemeneij further teaches: wherein the top plate 244 and the bladder 245 define a window (see [0043], transparent or translucent) to facilitate visual observance of the compression site (see [0043], transparent to see the puncture site/compression site).
Claim 28
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 26, see 103 rejection above. Kiemeneij further teaches: wherein the inflation port 251 is coupled to the top plate 244 via a tube 247 (see Figs. 4A-6, [0047]), and wherein the inflation port 251 and the tube 247 are disposed substantially parallel to the top plate 244 (see Fig. 4A, these elements are substantially parallel along an axial axis of the device).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang to incorporate the teachings of Kiemeneij and teach a compression device with the inflation port that is coupled to the top plate via a tube, and wherein the inflation port and the tube are disposed substantially parallel to the top plate. Motivation for such can be found in Kiemeneij as this reduces a risk of inadvertent injection of air into an IV line by eliminating a long extension tube between the compression member and the inflation port/valve (see [0045]).
Claim 30
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Yang further discloses: wherein the collar rotating part/component + 31 (see Figs. 1-3, [0027]) is coupled to a circumference the circumference of 30 at 33 (see Fig. 3) of the compression member 30 and extends radially away from the compression member 31 extends radially away from 30 (see Fig. 3).
Claim 31
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. Yang further discloses: wherein the one or more straps 1 + 2 comprises a first strap 1 (see Figs. 1-3) configured to extend around a torso of the patient and a second strap 2 (see Figs. 1-3) configured to extend over a shoulder of the patient.
The language, " configured to extend around the torso of the patient and configured to extend over a shoulder of the patient " constitutes functional claim language, indicating that the claimed device need only be capable of being used in such a manner. The claim, however, is an apparatus claim, and is to be limited by structural limitations. The Office submits that the device of Yang meets the structural limitations of the claim, and the straps are capable of extending around the torso of a patient and around the shoulder of the patient and then secured with the securement system.
Claim 32
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 31, see 103 rejection above. Yang further discloses: wherein the first strap 1 is attachable to the collar rotating part + 31 at a plurality of locations (see [0028], two ends of 1 can be fixedly connected, and the connection position is adjustable) along the first strap 1 such that a length the length of 1 (see Figs. 1-3) of the first strap extending around the torso is adjustable (see [0028]), and wherein the second strap 2 is attachable to the collar rotating part + 31 at a plurality of locations (see Figs. 1-2, [0028] and [0031], 2 uses Velcro and the shaded portions include the plurality of locations along the second strap where the second strap can be fixed, along the length of the second strap to be adjusted) along the second strap 2 such that a length the length of 2 of the second strap extending over the shoulder is adjustable (see [0028] and [0031]).
Claim 41
The combination of Yang, Kiemeneij, Belanger, and Daneshvar teaches: the compression device of claim 21, see 103 rejection above. The combination of Yang and Kiemeneij further teaches: wherein the second axis (see Fig. 3 of Yang, the second axis passes through 30, which is transverse to the longitudinal axis of 1 + 2) passes transversely through the inflatable bladder of the compression member (Yang as modified by Kiemeneij is 30 is replaced with the inflatable compression member which includes the inflatable bladder, hence the second axis passes through the inflatable bladder, which takes the position of 30 as seen in Fig. 3 of Yang).
Conclusion
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RAIHAN R. KHANDKER
Examiner
Art Unit 3771
/RAIHAN R KHANDKER/ Examiner, Art Unit 3771
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