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 .
Response to Amendment
This office action is responsive to a preliminary amendment filed on 4/25/2023. As directed by the amendment, claim 1 was cancelled and new claims 2-22 were added. Thus, claims 2-22 are presently pending in this application.
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.
The abstract of the disclosure is objected to because it contains less than 50 words. Correction is required. See MPEP § 608.01(b).
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.
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 10 and 14-22 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 pre-AIA the applicant regards as the invention.
Regarding claim 10, the limitation “asymmetric first and second portions” (line 3) is unclear if the asymmetric first and second portions are referring to “the first and second portions” in claim 10, lines 1-2 or a different set of first and second portions.
Regarding claim 14, the limitation “the platform” (line 11) lacks proper antecedent basis.
Regarding claim 22, the limitation “and thereafter” (line 4) is unclear as to what the term “thereafter” is referring to, specifically, after what.
Regarding claim 22, the limitation “low threshold of tightness” (line 5) is unclear as to how to determine the metes and bounds of the limitation, specifically, what is “low threshold of tightness”, lower relative to what, it appears that the term “low threshold of tightness” is too relative.
Any remaining claims are rejected for their dependency 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 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.
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.
Claims 2, 4-5 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269).
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Regarding claim 2, Sherman discloses a method of performing chest compressions on a patient (abstract and full disclosure) comprising: placing a patient on a platform (6, fig. 6, paragraphs 0081-0082) of a chest compression device (device shown in figs. 1-3 and 5-6, see paragraphs 0075-0078) including a compression belt (3R and 3L, figs. 1-3 and 5-6, paragraph 0075) adapted to extend over an anterior surface of the patient (see fig. 6), a drive train (20, 21, 12L, 12R, 18L, 18R, fig. 5, paragraph 0078) operably connected to the compression belt, and a motor (14, 22, 15, fig. 5, paragraphs 0078-0080) operably connected to the compression belt (see figs. 1-3 and 5-6) through the drive train to repeatedly cause the compression belt to tighten and loosen about the anterior surface of the patient (paragraphs 0077-0079); the first and second portions of the compression belt is coupled to respective first and second drive spools (first drive spool is 12R and second drive spool is 12L, see fig. 5 above)(see the annotated-Sherman fig. 6 above with reference to figs. 1-3 and 5); and initiating operation of the chest compression device to cause repeated cycles of tightening and loosening of the compression belt about the anterior surface of the patient (see paragraphs 0077-0080 with reference to paragraph 0122 and figs. 31-31a), but fails to disclose that the coupling first and second portions of the compression belt to respective first and second drive spools of the drive train without accessing a posterior surface of the platform.
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However, Illindala teaches a compression belt (54 comprising 71A, 54R, 54L, 64, 65, 71C, figs. 7-9, paragraphs 0028-0030) comprising first and second portions, and a method of coupling the first and second portions (72A of respective end portions of compression belt, see the annotated-Illindala figs. 7-9 above and paragraph 0030) of the compression belt to respective first and second ends (ends of 71B connected to 55B that comprises complimentary fastener 72B) of the drive spool (55B and 71B and 72B, figs. 7-9) without accessing a posterior surface of the platform (52, see the annotated-Illindala figs. 7-9 above and paragraphs 0028-0030, as disclosed by Illindala, the removable fasteners (72B and 72B) enable replacement of upper belt section 71A for a different patient to accommodate different patient sizes as well as sterilization concerns, and as shown in fig. 9, both ends 72A are disconnected from 72B to replace the compression belt without having to access the posterior surface).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method and compression belt of Sherman to have the compression belt and the step of coupling first and second portions of the compression belt to respective first and second drive spools of Sherman without accessing a posterior surface of the platform as taught by Illindala for the purpose of providing safety and flexibility by allowing different compression belt size to accommodate different patient sizes and for the purpose of providing ease of sterilization (see paragraph 0030 of Illindala).
Regarding claim 4, the modified Sherman discloses placing the patient on the platform includes placing the patient on the platform of the chest compression device including the compression belt having a load distribution section and first and second pull straps extending from the load distribution section (see fig. 6, the load distribution section includes 4R and/or 4L modified to be load distribution 64/65 of Illindala, while the pull straps on the compression belt side include 3R and 3L of Sherman is modified to be 71C of Illindala, see paragraphs 0075-0077 of Sherman and paragraphs 0027-0030 of Illindala).
Regarding claim 5, the modified Sherman discloses coupling first and second portions of the compression belt to respective first and second drive spools includes coupling the first and second pull straps to the respective first and second drive spools of the drive train (the coupling of the first and second pull straps (3R and 3L of Sherman modified with Illindala to be 71C that is connected to 72A of Illindala) to the respective first and second drive spools (12R and 12L of Sherman modified to have corresponding 72B) are shown and disclosed, see the annotated-Sherman fig. 5 above, see the modification with Illindala and the annotated-Illindala figs. 7-9 above with reference to paragraph 0030 of Illindala, Illindala discloses pull straps 71C having first and second portions (right and left portions comprising 72A)).
Regarding claim 9, the modified Sherman discloses that the coupling the first and second pulls straps (3R and 3L of Sherman modified with Illindala to be 71C that is connected to 72A of Illindala) to the respective first and second drive spools (12R and 12L of Sherman modified to have corresponding 72B of Illindala, fig. 5 of Sherman) includes coupling the first and second pulls straps to the respective first and second drive spools disposed on respective lateral sides of the platform (see the annotated-Sherman fig. 5 above, relative to the axis, the drive spools are on the lateral sides, see fig. 1 of Sherman for reference).
Regarding claim 10, the modified Sherman discloses the coupling the first and second portions (see the annotated-Sherman fig. 5 above, ends of 3R/3L modified with Illindala to have the ends of 71C comprising 72A, paragraph 0030 of Illindala) of the compression belt to the respective first and second drive spools includes coupling asymmetric first and second portions to the respective first and second drive spools (see the annotated-Sherman fig. 6 above, the portion of 4R is asymmetric from 3L and after the modification with Illindala, would have a portion of the pull strap 71C of Illindala that is asymmetric to a portion of the load distribution sections 64/65 of Illindala, see the annotated-Illindala figs. 7-9 of Illindala).
Regarding claim 11, the modified Sherman discloses coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first portion having a first tensioning portion to the first drive spool and the second portion having a second tensioning portion and an intermediate strap to the second drive spool (see the annotated-Illindala figs. 7-9 above, the 71C on the side that is attached to the first drive spool of Sherman is the tensioning portion since 71C is responsible for tensioning or compressing the patient’s chest, furthermore, 71C on the side that is attached to the second drive spool of Sherman is the second tensioning portion and the intermediate strap is 71B having 72B that is directly attached to the second drive spool after the modification with Illindala, alternatively, the load distribution 64 or 65 can be considered as the second tensioning portion and the strap portion 71C on associated with the second drive spool can be considered as the intermediate strap).
Regarding claim 12, the modified Sherman discloses pre-tensioning the compression belt prior to performing the repeated cycles of tightening and loosening of the compression belt about the anterior surface of the patient (see paragraphs 0112-0113 and 0117 of Sherman, Sherman discloses the pre-tightening of the belt before the start of compression, and that the pre-tightening of the belt may be sensed with a number of methods, the encoder then provides information used by the system to determine the change in length of the belt from this pre-tightened position, the ability to monitor and control the change in length allows the controller to control the amount of pressure exerted on the patient and the change in volume of the patient by limiting the length of the belt take-up during a compression cycle, then further discloses that when the belt-take up reaches a threshold, the system controller ends the compression stroke and continues into the next period of release, in order for the belt to be tightened to the pre-tighten level, the belt must be loosen first, alternatively, pre-tensioning can be considered as the loosening and tensioning of the belt before the next compression cycle starts, for example as shown in figs. 28-36A, step 1-5 can be considered as pre-tensioning).
Regarding claim 13, the modified Sherman discloses pre-tensioning the compression belt includes operating the motor to loosen the belt, and then operating the motor to tighten the belt until the compression belt is tightened to a slack take-up position (see paragraphs 0112-0113 and 0117 of Sherman, Sherman discloses the pre-tightening of the belt before the start of compression, and that the pre-tightening of the belt may be sensed with a number of methods, the encoder then provides information used by the system to determine the change in length of the belt from this pre-tightened position, the ability to monitor and control the change in length allows the controller to control the amount of pressure exerted on the patient and the change in volume of the patient by limiting the length of the belt take-up during a compression cycle, then further discloses that when the belt-take up reaches a threshold, the system controller ends the compression stroke and continues into the next period of release, in order for the belt to be tightened to the pre-tighten level, the belt must be loosen first, alternatively, pre-tensioning can be considered as the loosening and tensioning of the belt before the next compression cycle starts, for example as shown in figs. 28-36A, step 1-5 can be considered as pre-tensioning).
Claims 3 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269) as applied to claims 2 and 5, respectively, and further in view of Katz (2005/0080360) and alternatively in view of BlueJFilms (“A Quick Instruction of the AutoPulse”, https://www.youtube.com/watch?v=Kvs8LNXnNlg).
Regarding claim 3, the modified Sherman discloses coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the drive train and that the compression belt can be removed and interchange with a different size compression belt to suit a different size user (see figs. 7-9 and paragraph 0030 of Illindala), but fails to disclose the coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the drive train prior to placing the patient on the platform.
Katz teaches coupling a compression belt (3 comprising 3R and 3L, figs. 1-2) to the spool (see drive spool in paragraph 0018) prior to placing the patient on the platform (see fig. 2 with paragraph 0018-0029, Katz discloses that the compression belt fitted on the patient, and that in use, the patient is placed on the housing, furthermore, Katz discloses that in use, the patient is placed on the housing and the belt is placed under the patient’s, wrapped around the patient’s chest and secured, to perform such with the construction of the device of Katz, would require that the compression belt be secured to the spool prior to placing the patient on the platform 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by Katz for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Furthermore, if there is any doubt that the modified Sherman discloses coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the drive train prior to placing the patient on the platform.
BlueJFilms teaches a compression belt (right belt and left belt over the patient at time stamp 2:40 to 4:15) are connected to the driving mechanism prior to the patient is placed on the platform (blue platform of the AutoPulse device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by BlueJFilms for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Alternatively, regarding the modified Sherman (Sherman in view of Illindala), the feature of choosing to couple the first and second portions (end portions of 71C of Illindala to the drive spool of Sherman via 72B/71B) to the drive spools of the modified Sherman prior to placing the patient on the platform or after placing the patient on the platform or while the patient is on the platform is considered as an obvious treatment design choice, since it is based on what is comfortable to the rescuer and size of the patient, since Illindala discloses in paragraph 0030 that the 72A is removable from 72B so that the compression belt can be interchanged with a different size compression belt to accommodate a patient having a particular size, therefore, if the patient was placed on the platform after 72As were connected to 72Bs for a first set of compression belt, and depending on the size of the patient, it would be obvious for the rescuer to pick a second set of compression belt to take the place of the first set of compression belt, which would include the step of decoupling the first set of compression belt and coupling the second set of compression belt while the patient is on the platform or after placing the patient on the platform, which would have the steps of coupling the first and second portions to the drive spools prior, while supporting the patient on the platform or after placing the patient on the platform, relative to the first set of compression belt or second set of compression belt.
Regarding claim 6, the modified Sherman discloses coupling the first and second pull straps to the respective first and second drive spools includes coupling one of the first and second pull straps (3R and 3L of Sherman modified with Illindala to be 71C that is connected to 72A of Illindala, fig. 5 of Sherman) to the corresponding first or second drive spool (12R and 12L of Sherman modified to have 72B of Illindala, fig. 5 of Sherman) and that the compression belt can be removed and interchange with a different size compression belt to suit a different size user (see figs. 7-9 and paragraph 0030 of Illindala), but fails to disclose the coupling the first and second pull straps to the respective first and second drive spools includes coupling one of the first and second pull straps to the corresponding first or second drive spool prior to placing the patient on the platform.
Katz teaches coupling a compression belt (3 comprising 3R and 3L, figs. 1-2) to the spool (see drive spool in paragraph 0018) prior to placing the patient on the platform (see fig. 2 with paragraph 0018-0029, Katz discloses that the compression belt fitted on the patient, and that in use, the patient is placed on the housing, furthermore, Katz discloses that in use, the patient is placed on the housing and the belt is placed under the patient’s, wrapped around the patient’s chest and secured, to perform such with the construction of the device of Katz, would require that the compression belt be secured to the spool prior to placing the patient on the platform 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second straps of the compression belt to the respective first and second drive spools of the modified Sherman includes coupling the first and second straps of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by Katz for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Furthermore, if there is any doubt that the modified Sherman discloses coupling the first and second pull straps to the respective first and second drive spools includes coupling one of the first and second pull straps to the corresponding first or second drive spool prior to placing the patient on the platform.
BlueJFilms teaches a compression belt (right belt and left belt over the patient at time stamp 2:40 to 4:15) are connected to the driving mechanism prior to the patient is placed on the platform (blue platform of the AutoPulse device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second straps of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by BlueJFilms for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Alternatively, regarding the modified Sherman (Sherman in view of Illindala), the feature of choosing to couple the first and second pull straps (71C of Illindala to the drive spool of Sherman via 72B/71B) to the drive spools of the modified Sherman prior to placing the patient on the platform or after placing the patient on the platform or while the patient is on the platform is considered as an obvious treatment design choice, since it is based on what is comfortable to the rescuer and size of the patient, since Illindala discloses in paragraph 0030 that the 72A is removable from 72B so that the compression belt can be interchanged with a different size compression belt to accommodate a patient having a particular size, therefore, if the patient was placed on the platform after 72As were connected to 72Bs for a first set of compression belt, and depending on the size of the patient, it would be obvious for the rescuer to pick a second set of compression belt to take the place of the first set of compression belt, which would include the step of decoupling the first set of compression belt and coupling the second set of compression belt while the patient is on the platform or after placing the patient on the platform, which would have the steps of coupling the first and second portions to the drive spools prior, while supporting the patient on the platform or after placing the patient on the platform, relative to the first set of compression belt or second set of compression belt.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269).
Regarding claims 7-8, the modified Sherman discloses pull straps (71C of Illindala) and discloses in paragraph 0030 of Illindala that there are a plurality of compressions belts of different size, and that the compression belts are interchangeable via 72A/72B to accommodate patient of different size, but fails to specifically disclose coupling the first and second pull straps to the respective first and second drive spools include coupling first and second pull straps to the respective first and second drive spools of the drive train after placing the patient on the platform and while the patient is on the platform. However, the feature of choosing to couple the first and second pull straps (71C of Illindala to the drive spool of Sherman via 72B/71B) to the drive spools of the modified Sherman prior to placing the patient on the platform or after placing the patient on the platform or while the patient is on the platform is considered as an obvious treatment design choice, since it is based on what is comfortable to the rescuer and size of the patient, since Illindala discloses in paragraph 0030 that the 72A is removable from 72B so that the compression belt can be interchanged with a different size compression belt to accommodate a patient having a particular size, therefore, if the patient was placed on the platform after 72As were connected to 72Bs for a first set of compression belt, and depending on the size of the patient, it would be obvious for the rescuer to pick a second set of compression belt to take the place of the first set of compression belt, which would include the step of decoupling the first set of compression belt and coupling the second set of compression belt while the patient is on the platform or after placing the patient on the platform, which would have the steps of coupling the first and second portions to the drive spools prior, while supporting the patient on the platform or after placing the patient on the platform, relative to the first set of compression belt or second set of compression belt.
Claims 14, 19 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269) and von Schenck (2016/0242996).
Regarding claim 14, Sherman discloses a method of performing chest compressions on a patient (abstract and full disclosure) comprising: placing a patient on a platform (6, fig. 6, paragraphs 0081-0082) of a chest compression device (device shown in figs. 1-3 and 5-6, see paragraphs 0075-0078) on a supporting surface (see fig. 6, whichever surface 6 is on (directly or indirectly) can be interpreted as the supporting surface), the chest compression device including a compression belt (3R and 3L, figs. 1-3 and 5-6, paragraph 0075) adapted to extend over an anterior surface of the patient (see fig. 6), a drive train (20, 21, 12L, 12R, 18L, 18R, fig. 5, paragraph 0078) operably connected to the compression belt, and a motor (14, 22, 15, fig. 5, paragraphs 0078-0080) operably connected to the compression belt (see figs. 1-3 and 5-6) through the drive train to repeatedly cause the compression belt to tighten and loosen about the anterior surface of the patient (paragraphs 0077-0079); the first and second portions of the compression belt is coupled to respective first and second drive spools (first drive spool is 12R and second drive spool is 12L, see fig. 5 above)(see the annotated-Sherman fig. 6 above with reference to figs. 1-3 and 5), placing the patient on the platform (see fig. 6); and initiating operation of the chest compression device to cause repeated cycles of tightening and loosening of the compression belt about the anterior surface of the patient (see paragraphs 0077-0080 with reference to paragraph 0122 and figs. 31-31a), but fails to disclose while the posterior surface of the chest compression device is in contact with the supporting surface, coupling a first portion of the compression belt to a first drive spool of the drive train and coupling a second portion of the compression belt to a second drive spool of the drive train.
However, Illindala teaches a compression belt (54 comprising 71A, 54R, 54L, 64, 65, 71C, figs. 7-9, paragraphs 0028-0030) comprising first and second portions, and a method of coupling the first and second portions (72A of respective end portions of compression belt, see the annotated-Illindala figs. 7-9 above and paragraph 0030) of the compression belt to respective first and second ends (ends of 71B connected to 55B that comprises complimentary fastener 72B) of the drive spool (55B and 71B and 72B, figs. 7-9) without accessing a posterior surface of the platform (52 and gurney 42, see the annotated-Illindala figs. 7-9 above and paragraphs 0028-0030, as disclosed by Illindala, the removable fasteners (72B and 72B) enable replacement of upper belt section 71A for a different patients to accommodate different patient sizes as well as sterilization concerns, and as shown in fig. 9, both ends 72A are disconnected from 72B to replace the compression belt without having to access the posterior surface), while the posterior surface of the chest compression device is on a supporting surface, coupling the first portion of the compression belt and the second portion of the compression belt to the drive spool (see the annotated-Illindala figs. 7-9 above, Illindala discloses that the platform formed by the gurney 42 and 52, the gurney 42 and 52 would need to be on a supporting surface (directly or indirectly), and as shown, the first portion and the second portion of the compression belt is connected to the spool via 72A, therefore, there is a step of coupling).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method and compression belt of Sherman to have the compression belt and the step of coupling first and second portions of the compression belt to respective first and second drive spools of Sherman while the posterior surface of the platform is being supported by a supporting surface as taught by Illindala for the purpose of providing safety and flexibility by allowing different compression belt size to accommodate different patient sizes and for the purpose of providing ease of sterilization (see paragraph 0030 of Illindala).
The modified Sherman fails to disclose that the coupling of the first portion of the compression belt to a first drive spool of the drive train and coupling the second portion of the compression belt to a second drive spool of the drive train is done while the posterior surface is in contact with the supporting surface.
However, von Schenck teaches assembling associated structures while a posterior surface of a platform (130, figs. 1-2, the posterior surface is the surface that is in contact with the floor) is in contact with the floor (figs. 1-2, the floor is 109, paragraph 0060).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method and the coupling of the first and second portions of the modified Sherman to be done while the posterior surface of the platform of the modified Sherman is in contact with the ground as taught by von Schenck for the purpose of assembling the compression belt when the compression device is on a stable ground.
Regarding claim 19, the modified Sherman discloses placing the posterior surface of the chest compression device on the supporting surface includes placing the posterior surface of the chest compression device on a flat supporting surface (see the flat surface 109 of von Schenck, paragraph 0060 of von Schenck).
Regarding claim 22, the modified Sherman discloses manually tightening the compression belt about the anterior surface of the patient to an initial tightness prior to initiating operation of the chest compression device (see fig. 6 of Sherman and figs. 7-9 of Illindala, in order to provide compression or initiate compression, the rescuer would have to manually place the patient onto the platform and then tighten the compression belt about the anterior surface of the patient, it is noted that the term “tighten” is relative, therefore, when the right and left sides of the compression belt are secured together, the belt would be in a tighter position than when the right and left sides are decoupled), and operating the chest compression device to loosen the compression belt to ensure that the compression belt is slack, and thereafter tightening the compression belt to a first, low threshold of tightness and associating the position of the compression belt with a slack-take up position (see paragraphs 0112-0113 and 0117 of Sherman, Sherman discloses the pre-tightening of the belt before the start of compression, and that the pre-tightening of the belt may be sensed with a number of methods, the encoder then provides information used by the system to determine the change in length of the belt from this pre-tightened position, the ability to monitor and control the change in length allows the controller to control the amount of pressure exerted on the patient and the change in volume of the patient by limiting the length of the belt take-up during a compression cycle, then further discloses that when the belt-take up reaches a threshold, the system controller ends the compression stroke and continues into the next period of release, in order for the belt to be tightened to the pre-tighten level, the belt must be loosen first (loosen the compression to ensure that the compression belt is slack), alternatively, the loosening and the tightening to a low threshold of tightness can be considered as the loosening and tensioning of the belt before the next compression cycle starts, for example as shown in figs. 28-36A, step 1-5 can be considered loosening and tightening to a slack-take up position).
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269) and von Schenck (2016/0242996) as applied to claim 14 above, and further in view of BlueJFilms (“A Quick Instruction of the AutoPulse”, https://www.youtube.com/watch?v=Kvs8LNXnNlg).
Regarding claims 15 and 16, the modified Sherman fails to specifically disclose the method of decoupling the first and second portions from each other prior to placing the patient on the platform and coupling the first and second portions together after placing the patient on the platform.
However, BlueJFilms discloses the decoupling of the first and second portions of a compression belt and coupling the first and second portions together after placing the patient on the platform (see belt ends having 1 and 2 in the video being decoupled before the patient (represented by the mannequin) being fitted on the platform and then coupling the portions together after placing the patient on the platform).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of decoupling the first and second portions from each other prior to placing the patient on the platform and coupling the first and second portions together after placing the patient on the platform as taught by BlueJFilms for the purpose of preparing the compression belt to be in a readiness state to be fitted with a patient and fitting the compression belt on the patient once the patient is placed on the platform in order to provide compression therapy to the patient (see the entire video of BlueJFilms).
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269) and von Schenck (2016/0242996) as applied to claim 14 above, and further in view of Katz (2005/0080360) and alternatively in view of BlueJFilms (“A Quick Instruction of the AutoPulse”, https://www.youtube.com/watch?v=Kvs8LNXnNlg).
Regarding claims 17 and 18, the modified Sherman discloses coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the drive train and that the compression belt can be removed and interchange with a different size compression belt to suit a different size user (see figs. 7-9 and paragraph 0030 of Illindala), but fails to disclose coupling the first portion of the compression belt to the first drive spool includes coupling the first portion of the compression belt to the first drive spool before placing the patient on the platform and coupling the second portion to the second drive spool includes coupling the second portion of the compression belt to the second drive spool before placing the patient on the platform.
Katz teaches coupling a compression belt (3 comprising 3R and 3L, figs. 1-2) to the spool (see drive spool in paragraph 0018) prior to placing the patient on the platform (see fig. 2 with paragraph 0018-0029, Katz discloses that the compression belt fitted on the patient, and that in use, the patient is placed on the housing, furthermore, Katz discloses that in use, the patient is placed on the housing and the belt is placed under the patient’s, wrapped around the patient’s chest and secured, to perform such with the construction of the device of Katz, would require that the compression belt be secured to the spool prior to placing the patient on the platform 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by Katz for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Furthermore, if there is any doubt that the modified Sherman discloses coupling the first and second portions of the compression belt to the respective first and second drive spools includes coupling the first and second portions of the compression belt to the respective first and second drive spools of the drive train prior to placing the patient on the platform.
BlueJFilms teaches a compression belt (right belt and left belt over the patient at time stamp 2:40 to 4:15) are connected to the driving mechanism prior to the patient is placed on the platform (blue platform of the AutoPulse device).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of coupling the first and second portions of the compression belt to the respective first and second drive spools of the modified Sherman prior to placing the patient on the platform as taught by BlueJFilms for the purpose of providing a starting state for the compression device, and for the purpose of accommodating a starting state that is preferred by a particular rescuer.
Alternatively, regarding the modified Sherman (Sherman in view of Illindala), the feature of choosing to couple the first and second portions (end portions of 71C of Illindala to the drive spool of Sherman via 72B/71B) to the drive spools of the modified Sherman prior to placing the patient on the platform or after placing the patient on the platform or while the patient is on the platform is considered as an obvious treatment design choice, since it is based on what is comfortable to the rescuer and size of the patient, since Illindala discloses in paragraph 0030 that the 72A is removable from 72B so that the compression belt can be interchanged with a different size compression belt to accommodate a patient having a particular size, therefore, if the patient was placed on the platform after 72As were connected to 72Bs for a first set of compression belt, and depending on the size of the patient, it would be obvious for the rescuer to pick a second set of compression belt to take the place of the first set of compression belt, which would include the step of decoupling the first set of compression belt and coupling the second set of compression belt while the patient is on the platform or after placing the patient on the platform, which would have the steps of coupling the first and second portions to the drive spools prior, while supporting the patient on the platform or after placing the patient on the platform, relative to the first set of compression belt or second set of compression belt.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Sherman (2004/0030271) in view of Illindala (2014/0276269) and von Schenck (2016/0242996) as applied to claim 14 above, and alternatively in view of BlueJFilms (“A Quick Instruction of the AutoPulse”, https://www.youtube.com/watch?v=Kvs8LNXnNlg).
Regarding claim 20, the modified Sherman discloses replacing the compression belt while the patient is placed on the platform (see fig. 9 and paragraph 0030 of Illindala, Illindala discloses that the belt can be replaced and fig. 9 shows that the belt is in transit while the patient is placed on the platform). However, if there is any doubt that the modified Sherman discloses replacing the compression belt while the patient is placed on the platform, since Illindala discloses that the belt can be interchanged to accommodate different patient sizes, the feature of choosing to have the replacing step be done while the patient is placed on the platform is considered as an obvious treatment design choice, since it is up to the rescuer on when to replace the belt, which can take place while the patient is on the platform or before the patient is placed on the platform, or after the initiation operation of the chest compression device. However, if there is any doubt that the modified Sherman discloses replacing the compression belt while the patient is placed on the platform.
BlueJFilms teaches that while the patient is on the platform, replacing the compression belt (as shown in the video, if the compression belt does not line up with the yellow line, the compression belt can be replaced, here the term “replace” or “replacing” is interpreted as repositioning the compression belt relative to the user, see timestamp 2:40 to 4:15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of replacing the compression belt includes replacing the compression belt after initiating operation of the chest compression device as taught by BlueJFilms for the purpose of providing safety to the patient by providing proper positioning of the compression belt on the patient (see entire video of BlueJFilms).
Regarding claim 21, the modified Sherman discloses replacing the compression belt while the patient is placed on the platform (see fig. 9 and paragraph 0030 of Illindala, Illindala discloses that the belt can be replaced and fig. 9 shows that the belt is in transit while the patient is placed on the platform) and that the belt can be changed to a different compression belt to accommodate a different patient size (see paragraph 0030 of Illindala), but fails to disclose replacing the compression belt includes replacing the compression belt after initiating operation of the chest compression device, the feature of choosing to have the replacing step be done after initiating operation of the chest compression device is considered as an obvious treatment design choice, since it is up to the rescuer on when to replace the belt, which can take place while the patient is on the platform or before the patient is placed on the platform, or after the initiation operation of the chest compression device. However, if there is any doubt as to the obviousness of the treatment design choice, BlueJFilms teaches that after the initiation of the compression device, the belt can be replace (as shown in the video, if the compression belt does not line up with the yellow line, the compression belt can be replaced, here the term “replace” or “replacing” is interpreted as repositioning the compression belt relative to the user, see timestamp 2:40 to 4:15).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of the modified Sherman to have the step of replacing the compression belt includes replacing the compression belt after initiating operation of the chest compression device as taught by BlueJFilms for the purpose of providing safety to the patient by providing proper positioning of the compression belt on the patient (see entire video of BlueJFilms).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jensen (2005/0080364) is cited to show a belt chest compression device.
Itnati (2010/0198118) is cited to show a compression device comprising a compression belt.
Palazzolo (2005/0096570) is cited to show a method of treating cardiac arrest comprising a device having a compression belt.
Hampton (2004/0162587) is cited to show a chest compression device comprising a compression belt.
Bystrom (6,398,744)(6,090,056) is cited to show a CPR device comprising a compression belt.
Mollenauer (7,442,173)(6,142,962) is cited to show a CPR device comprising a compression belt.
Sherman (2002/0177793) (7,131,953) (7,008,388) (6,939,315) (7,056,296) (6,616,620) (6,447,465) (2013/0123673) is cited to show a CPR device comprising a compression belt.
Kelly (5,738,637) is cited to show a chest compression apparatus comprising a compression strap.
Herken (2013/0324894) is cited to show a chest compression belt with belt position monitoring system.
Jensen (7,347,832)(2005/0080363)(7,270,639)(2010/0174216) is cited to show a chest compression device comprising a compression belt.
Hwang (2009/0187123) is cited to show a compression belt.
Illindala (2013/0072830) is cited to show a chest compression device comprising a compression belt.
Capjon (5,287,846) is cited to show a resuscitation device comprising a compression belt.
Lach (4,770,164) is cited to show a resuscitation device having a compression belt.
Hall (2003/0004445)(6,939,314) is cited to show a compression device having a compression belt.
Quintana (8,114,035) is cited to show a compression device comprising a compression belt.
Escudero (7,410,470) is cited to show a compression belt system for use with chest compression.
Cantrell (6,676,613) is cited to show a CPR compression device comprising a compression belt.
Barkalow (3,461,861) is cited to show a chest compression device comprising a ratchet and pawl type of brake.
Miller (1,854,713) is cited to show a belt chest compression device.
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/TU A VO/Primary Examiner, Art Unit 3785
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