Prosecution Insights
Last updated: May 29, 2026
Application No. 18/251,882

PORTABLE LIMB COMPRESSION SYSTEM

Non-Final OA §101§103§112
Filed
May 05, 2023
Priority
Nov 05, 2020 — SG 10202011034T +1 more
Examiner
MILLER, CHRISTOPHER E
Art Unit
3785
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Paxman Coolers Ltd.
OA Round
1 (Non-Final)
46%
Grant Probability
Moderate
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 46% of resolved cases
46%
Career Allowance Rate
230 granted / 497 resolved
-23.7% vs TC avg
Strong +54% interview lift
Without
With
+54.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 7m
Avg Prosecution
13 currently pending
Career history
518
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
82.1%
+42.1% vs TC avg
§102
3.0%
-37.0% vs TC avg
§112
6.4%
-33.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 497 resolved cases

Office Action

§101 §103 §112
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 . Status of Claims 2. Claims 1-22 are pending and currently under consideration for patentability under 37 CFR 1.104. Specification Applicant is reminded of the proper language and format for an abstract of the disclosure. The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details. The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. In the instant case, line 4 of the Abstract recites “comprising” which is form/legal phraseology often used in patent claims, and should be avoided. Claim Objections Claim Rejections - 35 USC § 112(b) 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. Claims 4 and 22 are 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 4, lines 1-2 recite “the operator-set treatment duration is between 2 and 5 hours” which is a method step, recited in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011). MPEP 2173.05(p)(II). Claim 22, line 1 recites “The compression apparatus for use of claim 22” and thus claim 22 depends upon itself, rendering the claim indefinite. Claim Rejections - 35 USC § 112(d) 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. Claim 22 is 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. Claim 22, line 1 recites “wherein said subject is a cancer patient” which does not further limit the subject matter of the claim upon which it depends because this is an apparatus claim. Selecting a type of patient does not further limit an apparatus 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 § 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 1-22 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, line 5 recites “secured around the subject” which is directed to or encompassing a human. Examiner suggests --configured to be secured around the subject--. Claim 21, line 5 recites “secured around the subject” which is directed to or encompassing a human. Examiner suggests --configured to be secured around the subject--. The remaining claims are rejected based on their dependence on a rejected base claim. Claim Rejections - 35 USC § 103 In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status. 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) 1-5, 7-8, 13-17, and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Schubert (10,813,825) in view of Roth et al. (2004/0054306). Regarding claim 1, Schubert discloses a compression apparatus (Fig. 1A) for applying pressure to a subject (the subject dons the compression apparatus), the compression apparatus comprising: a compression system (fluid source 60, connecting element 70, tubing 50, Fig. 1A); and one or more compression components (first segment 20, second segment 30, Fig. 1A, an inflatable bladder) connected to the compression system (connected by tubing 50 and connecting element 40, see Fig. 1A) and secured around the subject (one or more extensions 22 allow “for placement on a front of a knee” see col. 9, lines 35-39 and Figs. 5A-19), the one or more compression components (20, 30) comprising an air cavity (the first segment 20 includes an air bladder; “bladder is fitted in the interior of the first segment” see col. 13, lines 29-38, and see bladder chamber(s) 36, 37, 38, 39, Figs. 1C-1D); wherein the compression system introduces and releases air from the air cavity cyclically (“compression, is introduced cyclically … the treatment duration may include a plurality of cyclical inflation and deflation cycles over the treatment duration” see para. [0076] and see Mode C, providing 30 seconds of inflation and 30 seconds of deflation) within 1 minute (the inflation is released after 30 seconds for Mode C) based on a predetermined compression time (30 seconds ON, see Mode C of Table 1) and a predetermined decompression time (30 seconds OFF, see Mode C of Table 1) until a treatment duration is reached (15 minute duration, see Mode C of Table 1). Schubert does not specifically state that the treatment duration is an operator-set duration. Roth teaches a related inflatable compression garment (Fig. 2A) with a controller having a user interface (user input interface 330, user display 338, Fig. 3E) that allows a treatment duration to be set by the operator (“Via the time selector 366, a user may select a length of time for the massage session, and this selection is then provided to the microcontroller 328 … may provide a keypad for the user to input a specific desired number of minutes. Upon completion of the timed massage session, the inflation assembly 300 may automatically shut off” see all of para. [0061]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Schubert to include a user interface that allows the operator to set, and adjust the treatment duration as taught by Roth so the operator can easily select a desired treatment time and have the assembly automatically shut off afterwards. Regarding claim 2, the modified Schubert/Roth device discloses wherein the predetermined compression time is between 30 and 50 seconds (30 seconds ON, see Mode C in Table 1 of Schubert). Regarding claim 3, the modified Schubert/Roth device discloses wherein the predetermined decompression time is between 10 and 30 seconds (30 seconds OFF, see Mode C in Table 1 of Schubert). Regarding claim 4, the modified Schubert/Roth device discloses wherein the operator is able to use “a keypad to enter a specific desired number of minutes” and Schubert discloses the ability to provide durations of 120 minutes or several hours (see col. 22, lines 12-17). Thus, the operator would be able to set the treatment duration between 2 and 5 hours, as desired. Regarding claim 5, the modified Schubert/Roth device discloses wherein the compression system comprises an air circuit (air tubing 50, Fig. 1A of Schubert) connected to (via connection 40, Fig. 1A of Schubert) the air cavity (“bladder is fitted in the interior of the first segment” see col. 13, lines 29-38, and see bladder chamber(s) 36, 37, 38, 39, Figs. 1C-1D. The air circuit is pneumatically connected to the air cavity) of the one or more compression components (segment 20, Fig. 1A of Schubert), the air circuit comprising one or more air pumps (“The fluid is generally pressurized (e.g., by way of a pump that fluidically communicates with the device” see col. 7, lines 49-50; see also col. 8, lines 5-10 of Schubert), one or more solenoid valves (“source includes a controller operable with a pump, a valve mechanism (e.g., solenoid valve)” see col. 8, lines 5-6 of Schubert), and one or more pressure switches (“pressure gauge, muffler and exhaust or release mechanism (e.g., mechanical blow valve or other active or passive mechanism), each of which are operable with the inlet tubing communicating with the pump and bladder. In this embodiment, the pressure gauge is in operable communication with the solenoid valve (regarding opening and pressure release) and with the pump (regarding starting and stopping the pump) and the release mechanism is in operable communication with the bladder as a passive safety mechanism to release pressure should it become greater than a maximum pressure set for the device” see col. 8, lines 7-17 of Schubert). Regarding claim 7, the modified Schubert/Roth device discloses wherein the one or more pressure switches releases air from the air cavity when the pressure within the air cavity exceeds a set pressure (“release mechanism is in operable communication with the bladder as a passive safety mechanism to release pressure should it become greater than a maximum pressure set for the device” see col. 8, lines 7-17 of Schubert). Regarding claim 8, the modified Schubert/Roth device discloses wherein the one or more compression components (20, 30, Schubert) further comprises a liquid cavity (second segment 30 includes compartments 90, 94, Fig. 1B, these compartments of the second segment are for “encasing a temperature sensitive component or material … typically a fluid in liquid … form” see col. 17, lines 11-14; see col. 18, lines 40-43 of Schubert), the liquid cavity positioned between the air cavity and the subject when secured around the subject (“The fluid chamber may overlap substantially all of the temperature sensitive material to provide compression to substantially all of the temperature sensitive material” see col. 2, lines 40-42 of Schubert, emphasis added). Regarding claim 13, Schubert discloses a method of applying pressure to a subject (the subject dons the compression apparatus of Fig. 1A), the method comprising: providing a compression system (fluid source 60, connecting element 70, tubing 50, Fig. 1A); providing one or more compression components (first segment 20, second segment 30, Fig. 1A, an inflatable bladder) comprising an air cavity (the first segment 20 includes an air bladder; “bladder is fitted in the interior of the first segment” see col. 13, lines 29-38, and see bladder chamber(s) 36, 37, 38, 39, Figs. 1C-1D); securing the one or more compression components (20, 30) around the subject (one or more extensions 22 allow “for placement on a front of a knee” see col. 9, lines 35-39 and Figs. 5A-19) and connecting the one or more compression components to the compression system (segment 20 is connected by tubing 50 and connecting element 40, see Fig. 1A); and introducing and removing air from the air cavity cyclically (“compression, is introduced cyclically … the treatment duration may include a plurality of cyclical inflation and deflation cycles over the treatment duration” see para. [0076] and see Mode C, providing 30 seconds of inflation and 30 seconds of deflation) within 1 minute (the inflation is released after 30 seconds for Mode C) based on a predetermined compression time (30 seconds ON, see Mode C of Table 1) and a predetermined decompression time (30 seconds OFF, see Mode C of Table 1) until a treatment duration is reached (15 minute duration, see Mode C of Table 1). Schubert does not specifically state that the treatment duration is an operator-set duration. Roth teaches a related inflatable compression garment (Fig. 2A) with a controller having a user interface (user input interface 330, user display 338, Fig. 3E) that allows a treatment duration to be set by the operator (“Via the time selector 366, a user may select a length of time for the massage session, and this selection is then provided to the microcontroller 328 … may provide a keypad for the user to input a specific desired number of minutes. Upon completion of the timed massage session, the inflation assembly 300 may automatically shut off” see all of para. [0061]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Schubert to include a user interface that allows the operator to set, and adjust the treatment duration as taught by Roth so the operator can easily select a desired treatment time and have the assembly automatically shut off afterwards. Regarding claim 14, the modified Schubert/Roth method discloses wherein the predetermined compression time is between 30 and 50 seconds (30 seconds ON, see Mode C in Table 1 of Schubert). Regarding claim 15, the modified Schubert/Roth method discloses wherein the predetermined decompression time is between 10 and 30 seconds (30 seconds OFF, see Mode C in Table 1 of Schubert). Regarding claim 16, the modified Schubert/Roth method discloses wherein the operator is able to use “a keypad to enter a specific desired number of minutes,” but does not specifically disclose a operator-set treatment duration is between 2 and 5 hours. However, Schubert additionally teaches “the total time of compression may be … about 120 minutes or several hours. Total time of compression may be shorter or longer depending on the tissue and/or anatomic location” (see col. 22, lines 12-17). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the operator-set treatment duration to be between 2 and 5 hours as taught by Schubert to have the duration tailored to the tissue being treated, and since it has been held that where the general conditions of a claim are disclosed in the prior art (providing a total time of compression of about 120 minutes or several hours), discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.a Regarding claim 17, the modified Schubert/Roth method discloses wherein the one or more compression components (20, 30, Schubert) further comprises a liquid cavity (second segment 30 includes compartments 90, 94, Fig. 1B, these compartments of the second segment are for “encasing a temperature sensitive component or material … typically a fluid in liquid … form” see col. 17, lines 11-14; see col. 18, lines 40-43 of Schubert). Regarding claim 21, Schubert discloses a compression apparatus (Fig. 1A) for use in preventing and/or treating chemotherapy-induced peripheral neuropathy (CIPN) in a subject (this is a recitation of intended use in a preamble, the body of the claim describes a complete invention. Thus, the intended use is not limiting, see MPEP 2111.02(II)), the compression apparatus comprising: a compression system (fluid source 60, connecting element 70, tubing 50, Fig. 1A); and one or more compression components (first segment 20, second segment 30, Fig. 1A, an inflatable bladder) connected to the compression system (connected by tubing 50 and connecting element 40, see Fig. 1A) and secured around the subject (one or more extensions 22 allow “for placement on a front of a knee” see col. 9, lines 35-39 and Figs. 5A-19), the one or more compression components (20, 30) comprising an air cavity (the first segment 20 includes an air bladder; “bladder is fitted in the interior of the first segment” see col. 13, lines 29-38, and see bladder chamber(s) 36, 37, 38, 39, Figs. 1C-1D); wherein the compression system introduces and releases air from the air cavity cyclically (“compression, is introduced cyclically … the treatment duration may include a plurality of cyclical inflation and deflation cycles over the treatment duration” see para. [0076] and see Mode C, providing 30 seconds of inflation and 30 seconds of deflation) within 1 minute (the inflation is released after 30 seconds for Mode C) based on a predetermined compression time (30 seconds ON, see Mode C of Table 1) and a predetermined decompression time (30 seconds OFF, see Mode C of Table 1) until a treatment duration is reached (15 minute duration, see Mode C of Table 1). Schubert does not specifically state that the treatment duration is an operator-set duration. Roth teaches a related inflatable compression garment (Fig. 2A) with a controller having a user interface (user input interface 330, user display 338, Fig. 3E) that allows a treatment duration to be set by the operator (“Via the time selector 366, a user may select a length of time for the massage session, and this selection is then provided to the microcontroller 328 … may provide a keypad for the user to input a specific desired number of minutes. Upon completion of the timed massage session, the inflation assembly 300 may automatically shut off” see all of para. [0061]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the controller of Schubert to include a user interface that allows the operator to set, and adjust the treatment duration as taught by Roth so the operator can easily select a desired treatment time and have the assembly automatically shut off afterwards. Regarding claim 22, the modified Schubert/Roth device is able to be used with any type of patient, and thus the apparatus is able to perform the intended use of the subject being a cancer patient. Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Schubert (10,818,825) in view of Roth et al. (2004/0054306) as applied to claim 5 above, and further in view of Perry et al. (2005/0187500) Regarding claim 6, the modified Schubert/Roth device discloses wherein the one or more air pumps introduces air into the air cavity (“a pump, … introducing fluid into the bladder” see col. 13, lines 21-26). The modified device does not specifically state the one or more solenoid valves releases air from the air cavity. Perry teaches a related inflatable compression garment (Fig. 6) with one or more pumps (air pump 50, Fig. 5) introducing air into at least one air cavity (bladder(s) 46a-c, 48a-c, Fig. 5), and one or more solenoid valves (solenoid valves 58a-c, 60a-c, Fig. 5) releases air from the air cavity (“after the predetermined period of hold time (e.g., 15 seconds) has ended, the solenoid valve 58 will be commanded to open and permit the air chamber 12, 22 to deflate” see para. [0055] The venting operation releases air from the air cavity, through vent ports 66a-c, 68a-c, Fig. 5). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the solenoid valve(s) of Schubert/Roth to have one or more solenoid valves release air from the air cavity as taught by Perry because this is a combination of prior art elements to provide an expected result that the solenoid valves allow precise control over inflation/deflation timing, under command of the controller. Claims 9-12 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Schubert (10,818,825) in view of Roth et al. (2004/0054306) as applied to claims 8 and 17 above, and further in view of Lowe et al. (2020/0000628). Regarding claim 9, the modified Schubert/Roth device is silent regarding wherein the compression system further comprises: a liquid circuit comprising a tank, the liquid circuit connected to the liquid cavity of the one or more compression components; wherein said tank contains coolant and comprises an overflow channel to allow continuous flow of coolant between a liquid pump and said tank; and a refrigeration circuit connected to the tank of the liquid circuit. Lowe teaches a related thermal compression garment (therapy wrap 20, Fig. 4A, which includes a “fluid bladder 25 for circulating heat transfer fluid and a gas pressure bladder 28 which overlays the fluid bladder” see Fig. 4B, see para. [0138]), the compression system comprising a liquid circuit (liquid line from tank 7004, to pump 8002, to connector(s), and patient wrap 1, 2, in Fig. 8cA) comprising a tank (cold tank 7004, Fig. 8A), the liquid circuit connected to a liquid cavity (the liquid circuit supplies liquid to fluid bladder 25, via “fluid supply port” in the patient wrap connector, Fig. 8A) of the one or more compression components (patient wrap(s) 1, 2, Fig. 8A); wherein said tank (7004) contains coolant (the bladder 25 receives “a fluid, such as a coolant” see the penultimate sentence of [0139]. The fluid is seen in the tank 7004 as seen in Fig. 8A) and comprises an overflow channel (overflow conduit 922, Fig. 9A) to allow continuous flow of coolant between a liquid pump (recirculation pump 8001, Fig. 8A) and the tank (“recirculation pump 8001 can be used to direct flow from the cold tank 7004 to the hot tank 8007, and recirculation pump 8003 can be used to direct flow from the hot tank 8007 to the cold tank 7004” see para. [0147]. The fluid can circulate throughout the system, including between the pump 8001 and the cold tank 7004); and a refrigeration circuit (lines between chiller 8005 and tank 7004, Fig. 8A) connected to the tank (7004) of the liquid circuit. Providing a liquid circuit and refrigeration circuit allows the temperature of the liquid bladder (25) to be closely controlled (via control interface in Fig. 11A) for prolonged periods of time (cold therapy may be applied for up to 60 minutes, see Fig. 10B). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the liquid cavity of Schubert/Roth to be coupled to a liquid circuit and refrigeration circuit as taught by Lowe to allow the operator to closely control, and adjust the therapeutic temperature for prolonged periods of time. Regarding claim 10, the modified Schubert/Roth/Lowe method discloses wherein the coolant within the tank (7004, Fig. 8A of Lowe) is cooled by the refrigeration circuit (chiller 8005, Fig. 8A of Lowe, feeds chilled liquid to the liquid tank). Regarding claim 11, the modified Schubert/Roth/Lowe method discloses wherein the coolant is cooled to a temperature predetermined by an operator (the operator selects the coolant temperature via up, down arrows as seen in Fig. 11A of Lowe). Regarding claim 12, the modified Schubert/Roth/Lowe method discloses wherein the coolant has a temperature of between 6 and 24 °C (minimum cold temperature of 3°C, maximum cold setting of 13°C, see Fig. 10B of Lowe, this overlaps with the claimed range). Regarding claim 18, the modified Schubert/Roth device is silent regarding further comprising circulating coolant through the liquid cavity of the one or more compression components. Lowe teaches a related thermal compression garment (therapy wrap 20, Fig. 4A, which includes a “fluid bladder 25 for circulating heat transfer fluid and a gas pressure bladder 28 which overlays the fluid bladder” see Fig. 4B, see para. [0138]), the compression system comprising a liquid circuit (liquid line from tank 7004, to pump 8002, to connector(s), and patient wrap 1, 2, in Fig. 8cA) comprising a tank (cold tank 7004, Fig. 8A), the liquid circuit connected to a liquid cavity (the liquid circuit supplies liquid to fluid bladder 25, via “fluid supply port” in the patient wrap connector, Fig. 8A) of the one or more compression components (patient wrap(s) 1, 2, Fig. 8A), to circulate coolant (the bladder 25 receives “a fluid, such as a coolant” see the penultimate sentence of [0139]. The fluid is seen in the tank 7004 as seen in Fig. 8A) through the liquid cavity (25). Providing a cold liquid circuit allows the temperature of the liquid bladder (25) to be closely controlled (via control interface in Fig. 11A) for prolonged periods of time (cold therapy may be applied for up to 60 minutes, see Fig. 10B). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the liquid cavity of Schubert/Roth to be coupled to a liquid circuit to circulate coolant through as taught by Lowe to allow the operator to closely control, and adjust the therapeutic temperature for prolonged periods of time. Regarding claim 19, the modified Schubert/Roth/Lowe method discloses wherein the coolant has a temperature of between 6 and 24 °C (minimum cold temperature of 3°C, maximum cold setting of 13°C, see Fig. 10B of Lowe, this overlaps with the claimed range). Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Schubert (10,818,825) in view of Roth et al. (2004/0054306) and Lowe et al. (2020/0000628) as applied to claim 18 above, and further in view of Paxman et al. (2013/0138185). Regarding claim 20, the modified Schubert/Roth/Lowe method is silent regarding wherein the coolant is circulated into the one or more components at a flow rate of between 25 and 45 mL/sec. Paxman teaches a related body part temperature regulating apparatus (Fig. 1) that provides coolant circulated into a compression component (cap 210, Fig. 1) at a flow rate of between 25 and 45 mL/sec (“coolant (OrbisC™) … at a flow rate of approximately 27 mL/s” see para. [0228]). This provided an effective removal of heat from the patient tissue, in a comfortable manner (see the last sentence of [0251]). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coolant circulation of Schubert/Roth/Lowe to use a coolant such as OrbisC™ circulated at a flow rate of 27 mL/sec as taught by Paxman because this provides effective removal of heat from the patient tissue, in a comfortable manner. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Johnson et al. (2005/0070954) discloses a related cyclic compression device with a cycle time of approximately 60 seconds. Varga et al. (2014/0277301) discloses a related thermal compression garment. Balachandran et al. (2010/0210982) discloses a related thermal compression garment with an inflatable bladder overlapping a thermal liquid bladder. Pick et al. (2007/0161932) discloses a related thermal compression garment. Nabilsi (2004/0249427) discloses a related thermal compression garment. Schubert (2012/0323152) discloses a related thermal compression garment. Freidenrich et al. (2021/0378909) discloses a related inflatable compression garment with a 60 second cycle having 15 seconds of inflation and 45 seconds of decompression. Bell et al. (5,411,541) discloses thermal compression garment with an inflatable bladder overlapping the thermal liquid bladder. Goldsmith (5,407,421) discloses a related thermal compression garment with an inflatable bladder overlapping the thermal liquid bladder. Montagnino et al. (6,416,534) discloses a related thermal compression garment with an inflatable bladder overlapping a thermal liquid bladder. Heeman et al. (5,014,681) discloses a related compression garment with 30 seconds of inflation and 36 seconds of deflation. Gibbs et al. (5,871,526) discloses a related thermal compression garment with a timer to set the number of cycles, and which may have operator-set parameters. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER E MILLER whose telephone number is (571)270-1473. The examiner can normally be reached Mon-Fri 9:00-5:30 (Eastern). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Stanis can be reached at 571-272-5139. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CHRISTOPHER E MILLER/ Examiner, Art Unit 3785
Read full office action

Prosecution Timeline

May 05, 2023
Application Filed
Apr 14, 2026
Non-Final Rejection mailed — §101, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
46%
Grant Probability
99%
With Interview (+54.4%)
3y 7m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 497 resolved cases by this examiner. Grant probability derived from career allowance rate.

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