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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “380” in Figure 1 appears to point to the connection axis (CA), but in the specification, ‘380’ is designated as the position indicating arrangement. Clarity is needed to differentiate the two parts. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 72-74, 81, 82, 85 and 86 are objected to because of the following informalities:
Claim 72: the recitation of “the connector being connectable to the connecting member to upon engagement form a fluid pathway through said connector”, should read --- the connector being connectable to the connecting member and upon engagement form a fluid pathway through said connector--- and the recitation of “and a sensing arrangement for detecting the position of the position indicating part relative said sensing arrangement during engagement between said connector and connecting member”, should read ---and a sensing arrangement for detecting the position of the position indicating part relative to said sensing arrangement during engagement between said connector and connecting member---.
Claim 73: the recitation of “whereby the position signal is based on the position of the position indicating part provided on the connector or the connecting member relative the other of the connector or the connecting member”, should read --- whereby the position signal is based on the position of the position indicating part provided on the connector or the connecting member relative to the other of the connector or the connecting member---.
Claim 74: the recitation of “based on a measured value obtained by the sensing arrangement said measured value”, should read --- based on a measured value obtained by the sensing arrangement, said measured value---.
Claim 81: the recitation of “wherein the characteristic response is detectable”, should read ---wherein a characteristic response is detectable--- to avoid any antecedent basis issues.
Claim 82: the recitation of “the connector being connectable to the connecting member to upon engagement forma fluid pathway”, should read --- the connector being connectable to the connecting member and upon engagement form a fluid pathway---.
Claim 85: the recitation of “wherein the position signal is based on a measured value”, should read ---wherein a position signal is based on a measured value---.
Claims 85 and 86: Claim 86 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 85. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
Claim Interpretation
In claim 85, said measured value being associated with a detected transient maximum, is being interpreted as said measured value being a transient maximum.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such limitation exists in claims 73, 79, 81, 84, 89, and 90.
Regarding claim 73 and 79, the recitation of “connecting member by means of insertion of a distal part”, is understood to be interpreted as the connecting member or threading/ engagement grooves on the connecting member is the means of insertion that helps to connect the distal part of the connector into the connecting member.
Regarding claim 79, the recitation of “the position of the position indicating part is detectable by means of a sensing arrangement during engagement between the connector and the connecting member”, is understood to be interpreted means of a sensing arrangement during engagement is just a sensor that can detect positioning, transponder, or a radio frequency identification device.
Regarding claim 81, the recitation of “the characteristic response is detectable by means of the sensing arrangement for identifying the inflatable/deflatable article or the pump”, is understood to be interpreted a sensor, transponder, or a radio frequency identification device is the means of the sensing arrangement and it can detect positioning of the connector in relation to the inflatable/ deflatable article or the pump.
Regarding claim 84, the recitation of “connecting member by means of insertion of a distal part of the connector into the connecting member”, is understood to be interpreted as the connecting member or threading/ engagement grooves on the connecting member is the means of insertion that helps to connect the distal part of the connector into the connecting member.
Regarding claim 89, the recitation of “component identifying means provided on the connector or the connecting member, said component identifying means serving to identify the inflatable/ deflatable article”, is understood to be interpreted that the component identifying means is a sensor that detect position, a transponder or a radio frequency identification device and thereby could identify the inflatable/ deflatable article.
Regarding claim 90, the recitation of “the characteristic response is detectable by means of the sensing arrangement or a separate component sensor operatively connected to the controller”, is understood to be interpreted that a sensor is the means of the sensing arrangement or a transponder or a radio frequency identification device and it can detect position of the inflatable / deflatable article, thereby detecting the characteristic response.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. — The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 77, 81 and 89-91 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.
Regarding claim 77, with the recitation of “wherein the sensor unit is an IR-sensor unit or a visible light sensing unit such as a LED-based sensor unit”, according to MPEP 2173.05(d), “such as” has been held to be indefinite because the intended scope of the claim was unclear, such is the case here. Under broadest reasonable interpretation, it is interpreted to be that the sensor unit can either be an IR-sensor unit, a type of visible light sensing unit, or a LED-based sensor unit.
Regarding claims 81 and 89-91, with the recitation of “characteristic response” and “characteristic response with a set of stored characteristic responses”, it is unclear as to what the characteristic response is and what the set of stored characteristic responses are. Under broadest reasonable interpretation without sufficient detail of the description, the characteristic response is interpreted to mean that a sensor or a set of sensors can detect if the connectors and the position indicating part are coupled in relation to the inflatable / deflatable article or that a sensor can detect the position of the inflatable/ deflatable article.
Further regarding claim 91, with the recitation of “wherein the controller is configured to selectively deactivate the position indicating arrangement in response to the comparison with the set of stored characteristic responses”, it is unclear how the controller selectively deactivates and what selectively deactivating means in relation to the position indicating arrangement. Under broadest reasonable interpretation without sufficient description of selectively deactivating the position indicating arrangement, it is interpreted to be that selectively deactivating is just when the connector and the connecting member are in a non-coupled position.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 72, 73, 75, 78-84, 85, 87-89 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newton (WO 2015198064 A1).
Regarding claim 72, Newton discloses a coupling assembly for fluidically connecting an inflatable/deflatable article and a pump in a fluid pressure control system (Figure 2 below; where there is a coupling assembly for fluidically connecting with the connecting member and Figure 1 below; where the connecting member is provided with the pump ‘40’ and Newton Figure 11a/b; where there is an inflatable garment ‘10’ (inflatable/deflatable article) for connection with the connector and the connecting member – represented inside of the fluid tube ‘106’, this is all for a fluid pressure control system);
the coupling assembly comprising a connector and a connecting member (Figure 2 below; where the coupling assembly has a connector and a connecting member);
the connector being connectable to the connecting member to upon engagement form a fluid pathway through said connector and connecting member (Newton Figure 6; where there is a fluid pathway inside of the connector that goes through the connecting member of Figure 2 below, because they are all connected to each other and then to the pump);
the coupling assembly further comprising a position indicating arrangement (Figure 2 below; where there is a position indicating arrangement);
said position indicating arrangement comprising a position indicating part provided on the connector or the connecting member (Figure 2 below; where there is a position indicating part between the connector and the connecting member that goes within, thereby being on the connector or the connecting member);
and a sensing arrangement for detecting the position of the position indicating part relative said sensing arrangement during engagement between said connector and connecting member (Newton [0119]; where there is an RFID sensor ‘70’ located within the barrel part ‘18’ (distal part) of the connector (Figure 2 below) - sensing arrangement, and when in close proximity to the position indicating part ‘22’, the sensor ‘70’ sends a signal to identify the position of the position indicating part ‘22’ and [0024]; where the barrel ‘18’ (distal part) of the connector (Figure 2 below), is able to gain immediate feedback that the garment and the connector are not compatible – this helps improve the engagement of the connectors and allows for automatic garment detection and identification function (detecting the positions)).
PNG
media_image1.png
345
439
media_image1.png
Greyscale
Figure 1: Annotated Figure 8a of Newton.
PNG
media_image2.png
444
696
media_image2.png
Greyscale
Figure 2: Annotated Figure 10a of Newton.
PNG
media_image3.png
350
586
media_image3.png
Greyscale
Figure 3: Annotated Figure 13 of Newton.
Regarding claim 73, Newton discloses the coupling assembly according to claim 72, wherein the position indicating part is provided on the connector or the connecting member (Figure 2 above; where the position indicating part ‘22’ is either on the connector ‘16’ or the connecting member ‘50’ because it is disposed upon these portions in between);
and the sensing arrangement is at least partly provided on the other of the connector or the position indicating part (Figure 3 above; where the sensor is an RFID sensor ‘70’ provided in the barrel ‘18’ (distal part) of the connector of Figure 2 above);
wherein the connector is connectable to the connecting member to form a fluid pathway through said connector and connecting member by means of insertion of a distal part of the connector into the connecting member (Figure 2 above; where the distal part of the connector is inserted into the connecting member and there is threading (means of insertion) to help connect them);
said distal part being movable inside the connecting member along a connection axis (CA) extending distally from the connector between a coupled position and a non-coupled position (Figure 2 above; where the distal part is movable along the CA, extends distally from the connector, and can be coupled or non-coupled);
wherein the position indicating arrangement is configured to generate a position signal to a controller of the fluid pressure control system indicative of the position of the distal part relative to the connecting member, whereby the position signal is based on the position of the position indicating part provided on the connector or the connecting member relative the other of the connector or the connecting member (Newton [0035]; where the connector can accommodate the position indicating part ‘22’ and be measurable by the sensing circuitry – when the position indicating part ‘22’ is within the barrel ‘18’ (distal part) and gets close to the RFID sensor ‘70’, a “position signal” is sent to the processor ‘80’ and subsequently the software ‘82’ ([0089], [0119]), thereby providing a spatial awareness of the position indicating part ‘22’ w the pump ‘40’);
and wherein the position signal is associated with a corresponding degree of insertion of the distal part into connecting member (Newton [0032]; where there is a degree of insertion of the connector and the position indicating part ‘22’ that increases or decreases based on the fit of the connectors, to make an insertion easier – the distal part of the connector fits into the connecting member that then all connects together (Figure 2 above)).
Regarding claim 75, Newton further discloses the coupling assembly according to claim 72, wherein the sensing arrangement comprises at least one sensor unit (Newton [0119]; where there is an RFID sensor ‘70’ (sensor unit) located within the barrel part ‘18’ (distal part) of the connector (Figure 2 above) - sensing arrangement).
Regarding claim 76, Newton further discloses the coupling assembly according to claim 72, wherein a central point of the position indicating part is arranged to be at a distance (dc) along the connection axis (CA) in a distal direction from a center point of a sensor unit of the sensing arrangement when the distal part is in the coupled position (Figure 2 above; where there is a central point defined by the CA and the distance disposed along the CA is shown as ‘dc’, this is in a distal direction from the sensor unit ‘70’ which is in the connecting member and is distal whether in a coupled or a non-coupled position).
Regarding claim 78, Newton further discloses the coupling assembly according to claim 72, wherein the position indicating part is provided in a proximal position of the connector or the connecting member such that said position indicating part moves along a connection axis (CA) when the distal part moves distally between non-coupled position and the coupled position (Figure 2 above; where there is a position indicating part that is in a proximal position of the connector or the connecting member, moves along the CA, and the distal part moves distally between a non-coupled to coupled position, this is possible because the position indicating part is provided within the connecting member and connector such that it moves about the connection axis).
Regarding claim 79, Newton further discloses a connector for a coupling assembly for fluidically connecting an inflatable/deflatable article and a pump in a fluid pressure control system (Figure 2 above; where there is a coupling assembly for fluidically connecting with the connecting member and Figure 1 above; where the connecting member is provided with the pump ‘40’ and Newton Figure 11a/b; where there is an inflatable garment ‘10’ (inflatable/deflatable article) for connection with the connector and the connecting member – represented inside of the fluid tube ‘106’, this is all for a fluid pressure control system);
wherein the connector is connectable to the connecting member to upon engagement form a fluid pathway through said connector and connecting member (Newton Figure 6; where there is a fluid pathway inside of the connector that goes through the connecting member of Figure 2 above, because they are all connected to each other and then to the pump);
by means of insertion of a distal part of the connector into the connecting member said distal part being movable inside the connecting member along a connection axis (CA) extending distally from the connector between a coupled position and a non-coupled position (Figure 2 above; where the distal part of the connector can be movable inside the connecting member along a connection axis, this is extending distally from the connector between a coupled and a non-coupled position depending on engagement needed and Newton [0110]; where the distal part (barrel ‘18’) has engagement grooves (means of insertion) to connect to the connecting member ‘50’ in Figure 2 above);
and wherein the connector is provided with a position indicating part (Figure 2 above; position indicating part ‘22’ is can be disposed within the connector or the connecting member);
whereby the position of the position indicating part is detectable by means of a sensing arrangement during engagement between the connector and the connecting member (Newton [0119]; where there is an RFID sensor ‘70’ located within the barrel part ‘18’ (distal part) of the connector (Figure 2 above) - sensing arrangement, and when in close proximity to the position indicating part ‘22’, the sensor ‘70’ sends a signal to identify the position of the position indicating part ‘22’ and [0024]; where the barrel ‘18’ (distal part) of the connector (Figure 2 above), is able to gain immediate feedback that the garment and the connector are not compatible – this helps improve the engagement of the connectors and allows for automatic garment detection and identification function (detecting the positions)).
Regarding claim 80, Newton further discloses the connector according to claim 79, wherein a central point of the position indicating part is arranged to be at a distance (dc) along the connection axis (CA) in a distal direction from a center point of the sensor unit of the sensing arrangement when the distal part is in the coupled position (Figure 2 above; wherein a central point of the position indicating part is arranged at the distance (dc) along the CA and it is in a distal direction toward the distal part from the center point of the sensor unit of the sensing arrangement – which is the sensor ‘70’ located in the barrel part ‘18’ (distal part), and maintains this orientation even with coupling or non-coupling).
Regarding claim 81, Newton further discloses, the connector according to claim 79, wherein the characteristic response is detectable by means of the sensing arrangement for identifying the inflatable/deflatable article or the pump (Figure 2 above; where the RFID sensor ‘70’ can detect positions of the connector and the connecting member as previously described (characteristic response detectable by sensing arrangement), and Newton [0119]; where the RFID sensor ‘70’ is connected to send a signal to the processor associated with the garment inflation pump, signal identifies the pump type based on the properties of the barrel ‘18’ (distal part) and the position indicating part ‘22’ of Figure 2 above).
Regarding claim 82, Newton further discloses, a compression therapy system comprising an inflatable/deflatable article (Newton Figures 11b/12b; ‘10’ is a garment for a compression therapy system that is an inflatable/ deflatable article);
a pump and a controller operatively connected to the pump (Figure 1 above; ‘40’ is a pump, and Newton [0107]; where the pump has software to make sure the inflatable/deflatable article can be made compatible with the pump, [0089]; where the software ‘82’ allows the identification of different inflatable garments and connection of connectors);
the compression therapy system further comprising a coupling assembly for fluidically connecting the inflatable/deflatable article and the pump (Figure 2 above; coupling assembly that fluidically connects the inflatable/ deflatable article (‘10’ of Newton Figures 11b/12b) with the pump ‘40’ of Figure 1 above);
the coupling assembly comprising a connector and a connecting member (Figure 2 above; where the coupling assembly has a connector and a connecting member);
the connector being connectable to the connecting member to upon engagement form a fluid pathway through said connector and connecting member (Newton Figure 6; where there is a fluid pathway inside of the connector that goes through the connecting member of Figure 2 above, because they are all connected to each other and then to the pump);
the coupling assembly further comprising a position indicating arrangement (Figure 2 above; where there is a position indicating arrangement);
said position indicating arrangement comprising a position indicating part provided on the connector or the connecting member (Figure 2 above; where there is a position indicating arrangement and where there is a position indicating part between the connector and the connecting member that goes within, thereby being on the connector or the connecting member);
and a sensing arrangement for detecting the position of the position indicating part relative said sensing arrangement during engagement between said connector and connecting member (Newton [0119]; where there is an RFID sensor ‘70’ located within the barrel part ‘18’ (distal part) of the connector (Figure 2 below) - sensing arrangement, and when in close proximity to the position indicating part ‘22’, the sensor ‘70’ sends a signal to identify the position of the position indicating part ‘22’ and [0024]; where the barrel ‘18’ (distal part) of the connector (Figure 2 below), is able to gain immediate feedback that the garment and the connector are not compatible – this helps improve the engagement of the connectors and allows for automatic garment detection and identification function (detecting the positions)).
Regarding claim 83, Newton further discloses the compression therapy system according to claim 82, wherein the position indicating part is provided on the connector or the connecting member and the sensing arrangement is at least partly provided on the other of the connector or the position indicating part (Figure 2 above; where there is a position indicating part ‘22’ that can go within the connector or the connecting member – thereby being on, and the sensing arrangement is the RFID sensor ‘70’ of Figure 3 above, where it is within the barrel ‘18’ part (distal part) of the connector).
Regarding claim 84, Newton further discloses the compression therapy system according to claim 82, wherein the connector is connectable to the connecting member to upon engagement form a fluid pathway through said connector and connecting member (Newton Figure 6; where there is a fluid pathway inside of the connector that goes through the connecting member of Figure 2 above, because they are all connected to each other and then to the pump);
by means of insertion of a distal part of the connector into the connecting member said distal part being movable inside the connecting member along a connection axis (CA) extending distally from the connector between a coupled position and a non-coupled position (Figure 2 above; where the distal part of the connector can be movable inside the connecting member along a connection axis, this is extending distally from the connector between a coupled and a non-coupled position depending on engagement needed and Newton [0110]; where the distal part (barrel ‘18’) has engagement grooves (means of insertion) to connect to the connecting member ‘50’ in Figure 2 above);
Regarding claim 87, Newton further discloses the compression therapy system according to claim 82, wherein the indicating device is provided on the pump (Newton [0170]; where there is an LCD display screen (indicating device) on the pump).
Regarding claim 89, Newton further discloses the compression therapy system according to claim 82, wherein the coupling assembly further comprises component identifying means provided on the connector or the connecting member (Figure 3 above; where ‘70’ is an RFID sensor (component identifying means) that helps to identify the position of the connector and the connecting member for coupling or non-coupling and the sensor ‘70’ is in the barrel ‘18’ (distal part) of the connector portion);
said component identifying means serving to identify the inflatable/deflatable article (Newton [0119]; where there is an RFID sensor ‘70’, and when in close proximity to the position indicating part ‘22’, the sensor ‘70’ sends a signal to identify the position of the position indicating part ‘22’ and [0024]; where the barrel ‘18’ (distal part) of the connector (Figure 2 above), is able to gain immediate feedback that the garment and the connector are not compatible – this helps improve the engagement of the connectors and allows for automatic garment detection);
and wherein the position indicating part is in the form of an identification component (Newton [0109]; where the position indicating part of Figure 2 above is an identification component);
said identification component being adapted to generate a characteristic response associated with the inflatable/deflatable article (Newton [0106-0107]; where the identification component ‘22’ is included in the appropriate pump software ‘82’ to help make the inflatable/deflatable article compatible with the pump ‘40’ and Figure 2 above; where the RFID sensor ‘70’ can detect positions of the connector and the connecting member as previously described (characteristic response detectable by sensing arrangement), and Newton [0119]; where the RFID sensor ‘70’ is connected to send a signal to the processor associated with the garment inflation pump, signal identifies the pump type based on the properties of the barrel ‘18’ (distal part) and the position indicating part ‘22’ of Figure 2 above).
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.
Claims 77, 90 and 91 are rejected under 35 U.S.C. 103 as being obvious over Newton (WO 2015198064 A1) in view of McEwen (US 20030167070 A1).
Regarding claim 77, Newton discloses the coupling assembly according to claim 72, comprising a sensor unit (Newton [0119]; where there is an RFID sensor ‘70’ (sensor unit) located within the barrel part ‘18’ (distal part) of the connector (Figure 2 above) - sensing arrangement).
Newton fails to disclose that the sensor unit is either IR or an LED-based sensor unit.
McEwen discloses an adaptive tourniquet cuff system comprising:
an IR-sensor unit or a visible light sensing unit such as a LED-based sensor unit (McEwen [0036]; the light output from LED ‘22’ is optically connected to send fiber ‘24’ and transmitted to the connector ‘26’, lights pulse when the connector ‘20’ is engaged with the connector ‘26’ to ensure a tight passageway of the cuff ‘50’ and the instrument ‘12’).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the coupling assembly of Newton to include a LED-based sensor unit as taught by McEwen, since the LED-based sensor unit helps to establish a confirmation of a gas-tight passageway between two connecting pieces when they are engaged (McEwen [0036]).
Regarding claim 90, Newton discloses the compression therapy system according to claim 89, wherein the characteristic response is detectable by means of the sensing arrangement or a separate component sensor operatively connected to the controller (Figure 2 above; where the RFID sensor ‘70’ can detect positions of the connector and the connecting member as previously described (characteristic response detectable by sensing arrangement), and Newton [0119]; where the RFID sensor ‘70’ is connected to send a signal to the processor associated with the garment inflation pump, signal identifies the pump type based on the properties of the barrel ‘18’ (distal part) and the position indicating part ‘22’ of Figure 2 above).
Newton is silent to comparing the characteristic response with a set of stored characteristic responses associated with a corresponding set of inflatable/ deflatable articles to identify the inflatable/deflatable articles.
McEwen discloses an adaptive tourniquet cuff system whereby:
the controller is configured to compare the characteristic response with a set of stored characteristic responses associated with a corresponding set of inflatable/deflatable articles to identify the inflatable/deflatable article (McEwen [0038]; where the LED-sensing unit ‘22’ is used to identify the cuff (inflatable/ deflatable article) through a cuff identification module ‘32’ (acts as a controller in the system) and [0047]; where detected colors of the LED-sensing unit can be compared to enable various automatic system optimization and self-calibrations).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the compression therapy system of Newton to include comparing a characteristic response to identify an inflatable/ deflatable article as taught by McEwen, since, comparing a characteristic response (identification of a position of the inflatable/ deflatable member) helps to enable automatic system optimization and self-calibration functions (McEwen [0047]).
Regarding claim 91, Newton discloses the compression therapy system according to claim 90, wherein the controller is configured to selectively deactivate the position indicating arrangement (Figure 3 above; where the processor ‘80’ works like a controller and Figure 2 above; where the position indicating arrangement contains the connector, position indicating part, and the connecting member that are in an uncoupled position to each other – thereby being selectively deactivated);
and the position indicating arrangement (Figure 2 above; position indicating arrangement).
Newton is silent to a response to the comparison with the set of stored characteristic responses.
McEwen discloses an adaptive tourniquet cuff system whereby:
response to the comparison with the set of stored characteristic responses (McEwen [0038]; where the LED-sensing unit ‘22’ is used to identify the cuff (inflatable/ deflatable article) through a cuff identification module ‘32’ (acts as a controller in the system) – stored characteristic responses and [0047]; where detected colors of the LED-sensing unit can be compared to then have a response that is enabling various automatic system optimization and self-calibrations – response to the comparison).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the compression therapy system of Newton to include a response to the comparison with the set of stored characteristics responses as taught by McEwen, since, the response helps to enable automatic system optimization and self- calibrations (McEwen [0047]).
Claims 74, 85, 86, and 88 are rejected under 35 U.S.C. 103 as being obvious over Newton (WO 2015198064 A1).
Regarding claim 74, Newton further discloses the coupling assembly according to claim 72, wherein the position signal is based on a measured value obtained by the sensing arrangement (Newton [0035]; where the connector can accommodate the position indicating part ‘22’ and is measurable by the sensing circuitry (RFID sensor ‘70’ within the barrel ‘18’ – distal part) – sensing arrangement and (Newton [0119]; RFID sensor ‘70’ sends a signal associated with identification));
said measured value being a detected transient maximum when the distal part is between the non-coupled position, the coupled position (Figure 2 above; where the barrel ‘18’ (distal part) is between a non- coupled position on the distal end and a coupled position on the proximal end to the connector);
and a detected lower steady state when the distal part is in the coupled position (Figure 2 above; where the distal part ‘18’ (barrel) is not in a coupled position, but does eventually get connected to the connecting member (Newton [0110]; where the cavity ‘52’ is provided within the connecting member of Figure 2 above)).
Although Newton does not explicitly disclose a detected transient maximum and a detected lower steady state, Newton does disclose where there is a measured value [0035] and where the distal part (Figure 2 above) is between a non-coupled and coupled position, and where the distal part is in a coupled position. It would have been readily understood by one of ordinary skill in the art, that with the ability to measure values from the sensing arrangement, that if the distal part is between the non-coupled and coupled position that would indicate a transient maximum and then if the distal part is in the coupled position, that would then indicate a detected lower steady state of the measured value because the measured value is based on the position of the distal part.
Regarding claim 85, Newton discloses the compression therapy system according to claim 82, wherein the position signal is based on a measured value obtained by the sensing arrangement (Newton [0035]; where the connector can accommodate the position indicating part ‘22’ and is measurable by the sensing circuitry (RFID sensor ‘70’ within the barrel ‘18’ – distal part) – sensing arrangement and (Newton [0119]; RFID sensor ‘70’ sends a signal associated with identification));
said measured value being associated with a detected transient maximum when the distal part is between the non-coupled position and the coupled position (Figure 2 above; where the barrel ‘18’ (distal part) is between a non- coupled position on the distal end and a coupled position on the proximal end to the connector);
and a detected lower steady state when the distal part is in the coupled position (Figure 2 above; where the distal part ‘18’ (barrel) is not in a coupled position, but does eventually get connected to the connecting member (Newton [0110]; where the cavity ‘52’ is provided within the connecting member of Figure 2 above)).
Although Newton does not explicitly disclose a detected transient maximum and a detected lower steady state, Newton does disclose where there is a measured value [0035] and where the distal part (Figure 2 above) is between a non-coupled and coupled position, and where the distal part is in a coupled position. It would have been readily understood by one of ordinary skill in the art, that with the ability to measure values from the sensing arrangement, that if the distal part is between the non-coupled and coupled position that would indicate a transient maximum and then if the distal part is in the coupled position, that would then indicate a detected lower steady state of the measured value because the measured value is based on the position of the distal part.
Regarding claim 86, Newton further discloses the compression therapy system according to claim 82, wherein the position signal is based on a measured value obtained by the sensing arrangement (Newton [0035]; where the connector can accommodate the position indicating part ‘22’ and is measurable by the sensing circuitry (RFID sensor ‘70’ within the barrel ‘18’ – distal part) – sensing arrangement and (Newton [0119]; RFID sensor ‘70’ sends a signal associated with identification));
said measured value being a detected transient maximum when the distal part is between the non-coupled position and the coupled position (Figure 2 above; where the barrel ‘18’ (distal part) is between a non- coupled position on the distal end and a coupled position on the proximal end to the connector);
and a detected lower steady state when the distal part is in the coupled position (Figure 2 above; where the distal part ‘18’ (barrel) is not in a coupled position, but does eventually get connected to the connecting member (Newton [0110]; where the cavity ‘52’ is provided within the connecting member of Figure 2 above)).
Although Newton does not explicitly disclose a detected transient maximum and a detected lower steady state, Newton does disclose where there is a measured value [0035] and where the distal part (Figure 2 above) is between a non-coupled and coupled position, and where the distal part is in a coupled position. It would have been readily understood by one of ordinary skill in the art, that with the ability to measure values from the sensing arrangement, that if the distal part is between the non-coupled and coupled position that would indicate a transient maximum and then if the distal part is in the coupled position, that would then indicate a detected lower steady state of the measured value because the measured value is based on the position of the distal part.
Regarding claim 88, Newton discloses, the compression therapy system according to claim 82, wherein the indicating device is configured to provide an indication to a user in response to the distal part being in the coupled position and/or the non-coupled position (Newton [0170]; where the indicating device (LCD display) is useful to allow the user to confirm the validity of the system connection – this is the indication to a user in response to the distal part being coupled or non-coupled).
the indicating device is configured to provide an indication to a user in response to distal part being in an intermediate position along the connection axis (CA) between the coupled position and the non-coupled position (Figure 2 above; where there is a distal part ‘18’ in an intermediate position along the connection axis between the coupled and non-coupled position and Newton [0170]; where the indicating device (LCD display) is useful to allow the user to confirm the validity of the system connection – this is the indication to a user in response to the distal part being coupled or non-coupled).
Although Newton does not explicitly disclose wherein the indicating device is configured to provide an indication to a user in response to distal part being in an intermediate position along the connection axis (CA) between the coupled position and the non-coupled position, Newton does disclose an indicating device and indication to a user [0170], distal part (Figure 2 above; barrel ‘18’ of connector), an intermediate position along the connection axis (Figure 2 above), and a coupled and non-coupled position (Figure 2 above; parts can be coupled or non-coupled). It would have been readily understood by one of ordinary skill in the art, that having an indicating device with indication to the user of coupling, would also include capability to be configured to provide an indication to a user in response to the distal part being in an intermediate portion along the connection axis, because the indicating device allows the user to confirm the validity of the systems connection, or to understand/ differentiate the errors that are specific to the inflatable/ deflatable garment (Newton [0170]).
Conclusion
The following prior art were considered but not used on a 35 U.S.C. § 102 or 103 rejection:
Perry (US 8734369 B2): Garment detection method and system for delivering compression treatment.
Newton (US 6884255 B1): Identification and communication system for inflatable devices.
Newton (US 11559461 B2): Inflation pressure garments and connectors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AISLINN MOIRA JONES whose telephone number is 571-272-3835. The examiner can normally be reached Monday-Friday 8am-5pm, EO Friday 8am-4pm EST.
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, Brandy Lee can be reached at 571-270-7410. 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.
/AISLINN M JONES/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785