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 .
Status of the Application
Claims 9-19 and 21-24 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 07/26/2023 has been acknowledged by the Office.
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.
Claim(s) 9-19 and 21-24 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim(s) 9, 12 and 18 recites the limitation "a hermetic seal" in each of these claims. There is insufficient antecedent basis for this limitation in the claim. Specifically, independent Claim 9 as well as dependent Claims 12 and 18 state ‘a hermetic seal’ without clearly indicating whether the recited seal is: the same hermetic seal or a different additional hermetic seal. The ambiguity results in insufficient antecedent basis rendering the scope indefinite. If Claims 12 and 18 are intended to refer to the same hermetic seal then secondary antecedent basis would be required. Conversely if Claims 12 and 18 are intended to recite different seals, then each seal must be distinctly identified such as ‘a first, a second and/or a third hermetic seal’ to clearly establish each are separate elements. For examination purposes, the examiner has interpreted that each hermetic seal is the same.
Claim(s) 10-19 and 21-24 are also rejected under 35 U.S.C 112(b) or 35 U.S.C 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 9).
Regarding claim 22, the limitations “between about 36 degrees Celsius and about 38 degrees Celsius.” are recited. There is a lack of clarity as to the scope and metes and bounds of the claim. Particularly because it is unclear what the scale a person of ordinary skill in the art would attribute to ‘about’ and particularly alongside a range. It’s unclear if ‘about’ should include values greater than 36/38 or lesser than 36/38 as applicant does not establish a scale for what the measure of ‘about’ should incorporate and such scale is left up to a broad and open-ended interpretation. For the purposes of examination, the limitations are construed as “between
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 9, 11-18 and 21-23 are rejected under 35 U.S.C. 103 as being unpatentable over Augustine et al., hereinafter 'Augustine' (US 20120279953 A1) in view of Seok (KR 20180134692 A).
In regards to Claim 9, Augustine teaches: A pad (2 - Fig. 9) for a patient operating table (Para 0040, Para 0059, Para 0013, and 0015), the pad comprising: an outer shell ([40, 42] - Fig. 6 , Para 0101) including a bottom shell surface (42 - Fig. 6, Para 0101) for connection to said patient operating table (Para 0107: "such as if the mattress overlay 2 or pad is anchored tightly to the operating room table along the lateral edges.") and a top shell surface (40 - Fig. 6) for supporting a patient (Para 0058-0059); a cell defined within the outer shell (see annotated Fig. 10.1 from Augustine); at least one cushion located in the cell (20 - Fig. 10, Para 0072-0073); at least one heating element located in the cell between the at least one cushion and the top shell surface (10 - Fig. 10, Para 0072-0073, noting that 10 is between the cushion 20 and the top shell surface 40); but Augustine does not explicitly teach, and at least one vent connected to the outer shell with a hermetic seal, wherein the at least one vent includes a filtering membrane that permits a passage of air and blocks a passage of at least one pathogen.
Seok teaches: and at least one vent ([210 and 220] - Fig. 1) connected to the outer shell with a hermetic seal (Para 0033: "As described in the background art, when the air blowing chamber C is structured to be hermetically sealed, water is generated and remains in the internal space of the blowing chamber C, and the internal space such as breeding of bacteria is contaminated. If the air blowing chamber C is dirty, the air blown out to the outside through the air blowing hole 210 becomes contaminated, which may adversely affect the health of the user."), wherein the at least one vent includes a filtering membrane that permits a passage of air (Para 0029-0030) and blocks a passage of at least one pathogen (Para 0035: "Therefore, since the ventilating mat for acupuncture according to an embodiment of the present invention can open the ventilating chamber C as needed to easily perform cleaning and cleaning, side effects such as bacterial propagation do not occur in the inner space, It is hygienic and safe to use.", i.e. can close or open as necessary, closing the passage would block the bacterial propagation, i.e. pathogen).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Augustine, directed to a pad for a patient operating table having an outer shell defining a cell containing at least one cushion and at least one heating element, by including at least one vent connected to the outer shell with a hermetic seal, wherein the vent includes a filtering membrane permitting passage of air and blocking passage of at least one pathogen, as taught in Seok, directed to a ventilating mat having hermetically sealed vents with filtering membranes, since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of allowing air exchange while maintaining hygiene and preventing pathogen contamination within the pad.
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Annotated Fig. 10.1 from Augustine
In regards to Claim 11, Augustine in view of Seok teaches: The pad of claim 9, Seok further teaches, wherein the at least one vent includes a pair of vents (210 shows pair of vents on the top shell surface).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Augustine as modified by Seok, directed to a pad for a patient operating table having a hermetically sealed vent with a filtering membrane, by providing a pair of vents instead of a single vent, as taught in Seok, directed to a ventilating mat including multiple vents arranged on a shell surface, since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of improved ventilation and airflow distribution within the pad.
In regards to Claim 12, Augustine in view of Seok teaches: The pad of claim 9, Seok further teaches, wherein the top shell surface and the bottom shell surface are bonded at a seam (330 and 310 - Fig. 2) with a hermetic seal (300 - Fig. 1).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Augustine as modified by Seok, directed to a pad for a patient operating table having a top shell surface and a bottom shell surface, by bonding the top shell surface and the bottom shell surface at a seam with a hermetic seal, as taught in Seok, directed to a ventilating mat having shell surfaces bonded with a hermetic sealing structure, since all the claimed elements were known in the prior art and one skilled in the art could have combined or modified the elements as claimed by known methods with no change in their respective functions, with a reasonable expectation of success because the modification or addition would have yielded the predicted result of maintaining a sealed internal chamber while preventing moisture ingress and contamination.
In regards to Claim 13, Augustine in view of Seok teaches: The pad of claim 9, Augustine further teaches, wherein the bottom shell surface includes at least one connecting element (140 - Figs. 23-24) for connecting and releasing the bottom shell surface to said patient operating table (Para 0146).
In regards to Claim 14, Augustine in view of Seok teaches: The pad of claim 13, Augustine further teaches, wherein the at least one connecting element includes a series of hooks or loops (148 - Fig. 24, Para 0147) to connect to a corresponding element of said patient operating table (144 - Fig. 24, Para 0147).
In regards to Claim 15, Augustine in view of Seok teaches: The pad of claim 9, Augustine further teaches, wherein the heating element includes a radiant plate formed of a conductive material (Para 0069: "The heating element comprises a flexible flat sheet of the conductive material.", Para 0075).
In regards to Claim 16, Augustine in view of Seok teaches: The pad of claim 15, Augustine further teaches, wherein the conductive material is flexible (Para 0069: "The heating element comprises a flexible flat sheet of the conductive material.").
In regards to Claim 17, Augustine in view of Seok teaches: The pad of claim 16, Augustine further teaches, wherein a conduit (Para 0143: 'wire cable') extends from the radiant plate and through the outer shell (Para 0143: "The tubular channel may be sized to accommodate the wire cable that contains the power and sensor wires. The wire cable can pass through the tubular channel from outside to inside the heated underbody support and can be adhesive, solvent or heat bonded to the power entry module in this position, creating a water-tight seal. In another embodiment, the power entry module 130 may be shaped and sized to house a plug-in connector.").
In regards to Claim 18, Augustine in view of Seok teaches: The pad of claim 17, Augustine further teaches, wherein the outer shell is connected to a sealing ring with a hermetic seal and the conduit extends through the sealing ring (Para 0143: "In some embodiments, the power entry module 130 includes a tubular channel traversing from the outer side to the inner side of the shell. The tubular channel may be sized to accommodate the wire cable that contains the power and sensor wires. The wire cable can pass through the tubular channel from outside to inside the heated underbody support and can be adhesive, solvent or heat bonded to the power entry module in this position, creating a water-tight seal. In another embodiment, the power entry module 130 may be shaped and sized to house a plug-in connector.").
In regards to Claim 21, Augustine in view of Seok teaches: The pad of claim 9, Augustine further teaches, further comprising: a first temperature sensor (115 - Fig. 17, Para 0115-0116) for monitoring a temperature of the at least one heating element; and a second temperature sensor for monitoring a temperature of the patient (110- Fig. 17, Para 0094: "During use, in the central zone 10 where the temperature sensor assembly 110 is attached to the heating element 10, the top surface of the heated underbody support is in contact with the patient for effective conductive heat transfer. For safety reasons, the temperature of the heating element 10 in the conductive zone or contact portion may be controlled to temperatures no greater than between about 38 and about 41.degree. C., for example. In the areas of contact between the patient and the mattress or mattress overlay, the patient's body can act as a heat sink and draw heat from the heating element 10. If the temperature sensor assembly 110 in that region senses the temperature of the support decreasing, it provides an input to the controller, and the controller responds by increasing the electrical power to the entire heating element 10.").
In regards to Claim 22, Augustine in view of Seok teaches: The pad of claim 21, Augustine further teaches, further including a control system (Fig. 19) configured to receive temperature readings from the first and second temperature sensors (Para 0123) and maintain the temperature of the patient between about 36 degrees Celsius and about 38 degrees Celsius (Para 0121).
In regards to Claim 23, Augustine in view of Seok teaches: The pad of claim 9, Augustine further teaches, wherein the heating element is formed of a compressive material (Para 0112).
Allowable Subject Matter
Claim(s) 10, 19 and 24 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 10, which depends from claim 9 and recites that the at least one vent is located on the bottom shell surface. Neither Augustine nor Seok, alone or in combination, teaches or suggests placing a vent on the bottom shell surface of the pad. Both references disclose vents or airflow features only on exposed or upper surfaces of the pad. There is no disclosure or suggestion of a vent positioned on the bottom shell surface. Furthermore, placing a vent on the bottom shell surface, where the pad contacts a patient support surface or operating table, would interfere with proper airflow and operation. Such placement would be counterintuitive and contrary to the teachings of the cited references. Therefore, Claim 10 is allowable because the cited references fail to disclose or suggest the claimed vent location.
In regards to Claim 19, specifically Claim 19 recites that the heating element includes a diffusive plate located between the top shell surface and the radiant plate, and that the at least one cushion is formed of a first foam material and the diffusive plate is formed of a second foam material that is more dense than the first foam material. Although Augustine, in view of Seok, discloses a diffusive plate located between the top shell surface and the radiant plate, the references do not teach or suggest that the diffusive plate is formed of a foam material that is more dense than the cushion foam. To the contrary, Para 0139 of Augustine teaches that the diffusive layer is thin, easily compressible, and selected to improve heat transfer. This description implies a lower-density and more compliant material, which is inconsistent with the claimed higher-density foam. Seok does not remedy this deficiency.
In regards to Claim 24, which recites that the heating element includes a diffusive plate formed of a thermally diffusive material that is sandwiched between the at least one cushion and a radiant plate formed of a conductive material, and that the at least one cushion has less thermal diffusivity than the diffusive plate. Neither Augustine nor Seok teaches or suggests this sandwich relationship. In the cited references, the diffusive plate is not positioned between the cushion and the radiant plate as claimed. Instead, the diffusive plate is located above or otherwise offset from these components. The cited art therefore does not disclose or suggest the claimed arrangement or the resulting thermal diffusivity relationship.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Copetti (WO 2019223896 A1) to provide an anti-decubitus device comprising an anti- decubitus mattress and a bed provided with said anti-decubitus device with improved efficiency that enable an effective action on the user's body also in the configurations in which one or more portions of the support plane of the mattress are partially lifted or bent with respect to a condition in which the support plane of the mattress is horizontal.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON MATTHEWS whose telephone number is (571)272-8473. The examiner can normally be reached M-F 7:30-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571)-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MADISON EMANSKI/Primary Examiner, Art Unit 3673