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 .
Election/Restrictions
Applicant’s election of Invention I (claims 1-18) and Species I (Fig. 1-6 and 16-17) in the reply filed on 10/22/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 10/22/25.
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 7-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites “a biological tissue” in line 9, it is unclear to the examiner if the “biological surface” is the same or different than the one described in claim 1. For purposes of this action, it will be interpreted as the same.
Claim 7 recites “a thickness direction” in line 10, it is unclear to the examiner if the “thickness direction” is the same or different than the one described in claim 1. For purposes of this action, it will be interpreted as the same.
Claim 8 recites the limitation "the inflatable body” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The inflatable body is introduced in claim 7 and not in claim 1.
Claim 8 recites the limitation "the first inflatable portion" and “the second inflatable portion” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
The first and second inflatable portions are introduced in claim 7 and not in claim 1.
Claim 8 recites the limitation "the support body” in line 4. There is insufficient antecedent basis for this limitation in the claim.
The support body is introduced in claim 7 and not in claim 1.
Claim 18 recites the limitation "the inflatable body” in line 2. There is insufficient antecedent basis for this limitation in the claim.
The inflatable body is introduced in claim 17 and not in claim 9.
Claim 18 recites the limitation "the first inflatable portion" and “the second inflatable portion” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim.
The first and second inflatable portions are introduced in claim 17 and not in claim 9.
Claim 18 recites the limitation "the support body” in line 4. There is insufficient antecedent basis for this limitation in the claim.
The support body is introduced in claim 17 and not in claim 9.
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 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.
Claim(s) 1-5 and 10-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lilligren et al. (3,454,010).
Lilligren discloses the following claimed limitations:
Claim 1: A compression device, comprising: an adhesion surface (23) (Fig. 4 and Col. 2 Line 70) configured to be adhered to a biological surface (30) (Fig. 4); an inflatable portion (17, 14) (Fig. 2-8 and Col. 3 Lines 43-50) configured to compress the biological surface (Fig. 1); the inflatable portion defining an accommodation space (see figure below) configured to accommodate a fluid (air or gas disclosed in Col. 3 Lines 43-45), the inflatable portion being configured to be inflated in a thickness direction from a flat deflated form (Fig. 5 and Col. 2 Line 46) and to be changed to an inflated form (Fig. 3, 4, and 6-8 and Col. 3 Lines 43-50) by supplying the fluid to the accommodation space (Fig. 3, 4, and 6-8 and Col. 3 Lines 43-50); and wherein the inflatable portion is provided with an inflation restricting portion (13) (Fig. 3-8 and Col. 2 Line 55), the inflation restricting portion being provided at a position sandwiched or surrounded by inflation regions (see figure below) configured to be inflatable in the thickness direction in a plan view viewed along the thickness direction (see figure below), and in which inflation in the thickness direction is restricted by the inflation regions (see figure below).
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Claim 2: wherein the inflation restricting portion is provided at a position including a center position of the accommodation space in the plan view viewed along the thickness direction (see figure below).
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Claim 3: further comprising: a plurality of the inflation restricting portions (Fig. 2-8) are provided at positions separated from each other in the plan view viewed along the thickness direction (Fig. 2-8).
Claim 4: wherein the inflation restricting portion includes a straight line portion (Fig. 7-8 where the restricting segment is a straight line seam as seen in Fig. 5) extending in a straight line shape in the plan view viewed along the thickness direction (Fig. 5, 7, and 8).
Claim 5: wherein the inflatable portion defines the accommodation space between two members (film of material on each side of the accommodation space as seen in Fig. 5, 7, and 8 and Col. 2 Lines 43-59) facing each other in the thickness direction (Fig. 5, 7, and 8 and Col. 2 Lines 43-59); and the inflation restricting portion is formed by joining the two members in the thickness direction (Fig. 5, 7, and 8 and Col. 2 Lines 43-59).
Claim 9: A compression device, comprising: an adhesion surface (23) (Fig. 4 and Col. 2 Line 70) configured to be adhered to a biological surface (30) (Fig. 4); an inflatable portion (17, 14) (Fig. 2-8 and Col. 3 Lines 43-50) configured to compress the biological surface (Fig. 1); the inflatable portion defining an accommodation space (see figure above in page 5) configured to accommodate a fluid (air or gas disclosed in Col. 3 Lines 43-45), the inflatable portion being configured to be inflated from a flat deflated form (Fig. 5 and Col. 2 Line 46) and to be changed to an inflated form (Fig. 3, 4, and 6-8 and Col. 3 Lines 43-50) by supplying the fluid to the accommodation space (Fig. 3, 4, and 6-8 and Col. 3 Lines 43-50); and wherein the inflatable portion is provided with an inflation restricting portion (13) (Fig. 3-8 and Col. 2 Line 55), the inflation restricting portion configured to restrict inflation of the inflatable portion (Fig. 3-8 and Col. 2 Line 55).
Claim 10: wherein the inflation restricting portion is between inflation regions of the inflatable portion (see figure above in page 5).
Claim 11: wherein the inflation restricting portion surrounds inflation regions of the inflatable portion (see figure above in page 5).
Claim 12: wherein the inflation restricting portion is provided at a center position of the accommodation space (see figure above in page 6)
Claim 13: wherein the inflation restricting portion comprises a plurality of inflation restricting portions (Fig. 2-8) provided at positions separated from each other (Fig. 2-8).
Claim 14: wherein the inflation restricting portion includes a straight line portion (Fig. 7-8 where the restricting segment is a straight line seam as seen in Fig. 5) extending in a straight line shape (Fig. 5, 7, and 8).
Claim 15: wherein the inflatable portion defines the accommodation space between two members (film of material on each side of the accommodation space as seen in Fig. 5, 7, and 8 and Col. 2 Lines 43-59) facing each other (Fig. 5, 7, and 8 and Col. 2 Lines 43-59); and the inflation restricting portion is formed by joining the two members (Fig. 5, 7, and 8 and Col. 2 Lines 43-59).
Allowable Subject Matter
Claims 6, 16, and 17 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.
Claims 7, 8, and 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art appears to teach certain claimed limitations when considered alone or in combination.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANNE DORNBUSCH whose telephone number is (571)270-3515. The examiner can normally be reached Monday-Wednesday 9 am-3 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Elizabeth Houston can be reached at (571) 272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIANNE DORNBUSCH/Primary Examiner, Art Unit 3771