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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 31, 2024, February 17, 2026, and June 17, 2026 have been fully considered by the examiner.
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
Claims 1-4, drawn to product, classified in A61G 10/026.
Claims 5-13, drawn to product, classified in A61G 10/026
The inventions are independent or distinct, each from the other because: Inventions I and II are directed to related assemblies for foldable inflatable hyperbaric chambers. The related inventions are distinct if: (1) the inventions as claimed are either not capable of use together or can have a materially different design, mode of operation, function, or effect; (2) the inventions do not overlap in scope, i.e., are mutually exclusive; and (3) the inventions as claimed are not obvious variants. See MPEP § 806.05(j).
Claim 1 of Invention I discloses an assembly for a foldable inflatable hyperbaric chamber comprising the following features which are not required in Claim 5 of Invention II:
a base; one or more arms coupled to the base and configured to be coupled to the chamber; wherein said arms are adjustable between various states which define the inclination of the chamber
Claim 5 of Invention II discloses an inclination assembly for a foldable inflatable hyperbaric chamber comprising the following features which are not required in Claim 1 of Invention I:
an elongated support arrangement configured to be coupled to the chamber; a rigid frame enclosure for supporting the chamber; an inclination mechanism for allowing controlling the inclination of the support arrangement along a range of inclination positions
In the instant case, the inventions as claimed have materially different designs with distinctive functions. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
The prior art applicable to one invention would not likely be applicable to another invention;
The inventions are likely to raise different non-prior art issues under 35 U.S.C. 101 and/ 35 U.S.C. 112(a).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Daniel Drexler on June 15, 2026, a provisional election was made without traverse to prosecute Invention II, Claims 5-13. Affirmation of this election must be made by applicant in replying to this Office action. Claims 1-4 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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 5-7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shin et al. (KR 20190098400 A, hereinafter "Shin") in view of Selby (WO 2014044750 A2).
Regarding Claim 5, Shin discloses: An inclination assembly for supporting a hyperbaric chamber (Paragraph 0002, The following embodiments relate to a hyperbaric oxygen therapy device, and more specifically, to a hyperbaric oxygen therapy device for rehabilitation having a tilting angle adjustment function and a method of operating the same), comprising:
an elongated support arrangement extending between first and second ends and configured for coupling with the hyperbaric chamber (Paragraph 0039, A hyperbaric oxygen therapy device (100) according to one embodiment may comprise an oxygen chamber, a seat portion (120), and an angle adjustment portion (130)), said support arrangement comprises a rigid frame defining a frame enclosure sized for supporting said hyperbaric chamber (Paragraph 0041, These oxygen capsules (110) are provided with a space inside, in which a user can sit or perform activities. For example, the oxygen capsule (110) can be formed to accommodate a seat portion (120) on which the user rests. As another example, the oxygen capsule (110) may be formed to cover the upper part of the seat portion (120) on which the user rests. That is, the oxygen capsule (110) is formed in the shape of a cover that covers the upper part of the sheet portion (120) and can form a sealed interior by being combined with the sheet portion (120));
an inclination mechanism for allowing controlling the inclination of the elongated support arrangement along a range of inclination positions (Paragraph 0046-0047, The angle adjustment unit (130) is configured at the bottom of the oxygen capsule (110) and the seat unit (120) to adjust the angle of at least one of the oxygen capsule (110) and the seat unit (120), and the standing angle can be freely adjusted as needed, such as for the user's treatment or the user's requirements. The angle adjustment unit (130) can adjust the angle of the seat unit (120) inside the oxygen capsule (110) according to the control of at least one of the user, an external person, and a control unit, or adjust the angle of the seat unit (120) according to the angle of the oxygen capsule (110)).
Shin does not explicitly disclose that the hyperbaric chamber is a foldable inflatable hyperbaric chamber, however, it is a commonly recognized structural feature in the art of oxygen therapy chambers. Selby explicitly discloses a foldable inflatable hyperbaric chamber (Page 1, lines 23-25, According to a second aspect of the invention, there is provided a hyperbaric chamber comprising a flexible tubular housing and at least one inflatable member, the at least one inflatable member, when inflated, configuring the housing into a chamber for the receipt of a person. The inflatable member may be one or more tubes around the exterior of the housing or may be an inflatable compartment within the housing).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Selby’s portable hyperbaric chamber so as to provide a convenient, art-recognized, alternative structure that can easily be collapsed and stored (Pages 8-9, lines 23-1, The inflatable structure 25 provides a rigid support for the housing 23 well able to withstand the interior pressure. The interior is uncluttered by supports. In addition, the chamber is quickly erected and re-packed and, since the inflatable structure 24 is flexible, it can be packed to a compact size), (Page 9, lines 3-5, As seen in Figure 9, the hyperbaric chamber may be mounted on a wheeled trolley 71 to allow the chamber to be transported. The trolley 71 has a rectangular frame 72 of L-section members forming a seat for the edges of the trays 10a, 10b)
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[Annotated Figure 2]
Regarding Claim 6, Shin in view of Selby discloses all of the limitations of Claim 5. Shin further discloses: wherein the elongated support arrangement comprises one or more supporting sheets fixed to the rigid frame to fit within at least a portion of the frame enclosure (Paragraph 0041, As another example, the oxygen capsule (110) may be formed to cover the upper part of the seat portion (120) on which the user rests. That is, the oxygen capsule (110) is formed in the shape of a cover that covers the upper part of the sheet portion (120) and can form a sealed interior by being combined with the sheet portion (120)), (Paragraph 0045, The seat portion (120) is configured inside or at the bottom of the oxygen capsule (110) to allow the user to be seated).
Regarding Claim 7, Shin in view of Shelby discloses all of the limitations of Claim 5. Shin further discloses: wherein the first end is pivotally coupled to a first anchoring structure, and the inclination mechanism is pivotally coupled to a coupling portion of the rigid frame other than the first end (Paragraph 0048, For example, as illustrated in FIG. 2, the angle adjustment unit (130) can move one side of the seat unit (120) upward and move the other side of the seat unit (120) downward by rotating the angle of the seat unit (120) or the angle of the oxygen capsule (110) by a predetermined angle, thereby moving the user's head unit upward. Additionally, as illustrated in FIG. 3, the angle adjustment unit (130) can move one side of the seat unit (120) downward and the other side of the seat unit (120) upward by rotating the angle of the seat unit (120) or the angle of the oxygen capsule (110) in the opposite direction of a predetermined angle, thereby moving the user's head unit downward).
Regarding Claim 13, Shin in view of Selby discloses all of the limitations of Claim 5. Shin further discloses: wherein the rigid frame is formed of a plurality of rigid frame members coupled to one another (Paragraph 0039, A hyperbaric oxygen therapy device (100) according to one embodiment may comprise an oxygen chamber, a seat portion (120), and an angle adjustment portion (130)).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shin (KR 20190098400 A) in view of Selby (WO 2014044750 A2), further in view of Bricio (US 20160143797 A1).
Regarding Claim 8, Shin in view of Selby discloses all of the limitations of Claim 7. Shin further discloses: wherein the coupling portion is defined between the first and second ends, more proximal to the second end (For example, as illustrated in FIG. 2, the angle adjustment unit (130) can move one side of the seat unit (120) upward and move the other side of the seat unit (120) downward by rotating the angle of the seat unit (120) or the angle of the oxygen capsule (110) by a predetermined angle, thereby moving the user's head unit upward. Additionally, as illustrated in FIG. 3, the angle adjustment unit (130) can move one side of the seat unit (120) downward and the other side of the seat unit (120) upward by rotating the angle of the seat unit (120) or the angle of the oxygen capsule (110) in the opposite direction of a predetermined angle, thereby moving the user's head unit downward).
Though Shin in view of Selby does not explicitly disclose the coupling portion being more proximal to the second end, the structure is capable of being arranged in accordance with the limitations, as “more proximal” can be interpreted broadly and would not drastically affect the functionality of the apparatus.
If the Applicant is not convinced, Bricio does disclose an inclination assembly for a hyperbaric chamber (Abstract, this invention makes reference to an autonomous, versatile and non-invasive hyperbaric capsule with a new functional and esthetic design for high pressured air or oxygen therapies for one or more people which can be installed vertically to a structure. It has an oscillating effect starting the vertical until the horizontal and features a new bolted gate with a twin closure mechanism of 2 movements and 3 positions), wherein the coupling portion is defined between the first and second ends, more proximal to the second end (Paragraph 0044, FIG. 4. In this view, wherein the capsule has been removed, the innovative oscillating mechanism of the capsule is shown, the oscillating arm mechanism Capsule #26 is driven in a movement up and down by cylinders force #27 which are hinged together at the junction of bearing #30, the other end of the cylinder is supported to the frame #25 through the bearing pin #31, the arm oscillating mechanism #26 is coupled to the base #10 capsule packed bolt #29. Two carts axial sliding bearing #8 are attached to the top plate of the capsule body through two links #9 # coupled supports 7′ of the upper plate shown in FIG. 2, being promoted arm #26 pushes the capsule in the same direction, axial displacement carriages bearing #8 mounted on the two vertical bars #28 accompany the capsule on its way from its vertical to its horizontal position, with two arms operating wheel #38 together with the slide arm #26 and let you position it at a convenient height above the floor)
Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shin (KR 20190098400 A) in view of Selby (WO 2014044750 A2), further in view of Filho (US 20210128396 A1).
Regarding Claim 9, Shin in view of Selby discloses all of the limitations of Claim 7. Shin further discloses: wherein the inclination mechanism is formed of two segments coupled to one another at a segment coupling portion, the first segment is coupled to the coupling portion other than the segment coupling portion, and the second segment is coupled to a second anchoring structure other than the segment coupling portion (Figure 3, Paragraph 0046-0047, The angle adjustment unit (130) is configured at the bottom of the oxygen capsule (110) and the seat unit (120) to adjust the angle of at least one of the oxygen capsule (110) and the seat unit (120), and the standing angle can be freely adjusted as needed, such as for the user's treatment or the user's requirements. The angle adjustment unit (130) can adjust the angle of the seat unit (120) inside the oxygen capsule (110) according to the control of at least one of the user, an external person, and a control unit, or adjust the angle of the seat unit (120) according to the angle of the oxygen capsule (110)).
Shin in view of Shelby does not explicitly disclose the segments being pivotally coupled to one another, but would be capable of having a pivoting structure to provide additional mobility and adjustments for the apparatus. If the Applicant is not convinced, Filho explicitly discloses wherein the inclination mechanism is formed of two segments pivotally coupled to one another at a segment coupling portion (Paragraphs 0168-0169, These bases of the actuators (4), (4′), (4″) are pivotally fixed to the tank floor, allowing the actuators (4), (4′), (4″) to be tilted in relation to the tank floor to position the bed (3) in its desired configuration. In their preferred configuration, the actuator bases also include a seal to prevent the water in the tank from damaging this pivotable fixation. The end of the actuators (4), (4′), (4″) opposite to their bases are fixed to the bottom face of the bed (3) also by means of a pivotable fixation, allowing an inclination of the actuators (4), (4′), (4″) in relation to the bed (3) to adjust it to necessary positions according to the actuators (4), (4′), (4″) movement).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the teachings of Filho’s multiple actuators and pivoting connections so as to more easily adjust the apparatus to different positions in accordance with a user’s needs (Paragraph 0174, As disclosed above the actuators (4), (4′), (4″) promote bed (3) upward movement, downward movement, tilting movement and lateral movement, which include all intensive care unit bed (3) movements, even cardiopulmonary resuscitation movements), (Paragraph 0166, Each of the actuators (4), (4′), (4″) comprises a linear electric motor, allowing to move and change the position of each of the actuators (4), (4′), (4″) individually and, thus, generate the desired bed (3) position).
Regarding Claim 10, Shin in view of Selby and Filho discloses all of the limitations of Claim 9. Shin further discloses: wherein the inclination mechanism is switchable between two inclination positions (Paragraph 0026, The step of changing the user's posture by adjusting the above angle may adjust the angle of the seat portion within the oxygen capsule by adjusting the angle of the oxygen capsule according to the control of the control unit, or adjust the angle of the seat portion by adjusting the angle of the oxygen capsule), a first inclination position forms a selected angle between a frame plane defined by the rigid frame and a horizontal plane, a second inclination position in which the frame plane is co-planar with the horizontal plane (Paragraph 0035, FIG. 1 is a diagram schematically showing the horizontal state of a hyperbaric oxygen therapy device according to one embodiment. And FIG. 2 is a schematic diagram showing one side of a hyperbaric oxygen therapy device according to one embodiment in a tilted state, and FIG. 3 is a schematic diagram showing the other side of a hyperbaric oxygen therapy device according to one embodiment in a tilted state).
Regarding Claim 11, Shin in view of Selby and Filho discloses all of the limitations of Claim 10. Filho further discloses: wherein segment coupling portion is configured to engage the ground in the second inclination position to provide additional support (Paragraph 0168, These bases of the actuators (4), (4′), (4″) are pivotally fixed to the tank floor, allowing the actuators (4), (4′), (4″) to be tilted in relation to the tank floor to position the bed (3) in its desired configuration).
Regarding Claim 12, Shin in view of Selby and Filho discloses all of the limitations of Claim 9. Filho further discloses: comprising a container sized for containing said inclination assembly, said container comprises said first and second anchoring structures (Paragraph 0161, As best seen in FIG. 3, the walls of the tank are divided into front wall (9′); rear wall (9″); right side wall (9″′); left side wall (9″″). The rear wall (9″) can be temporarily opened to allow maintenance and cleaning of the interior of the tank (2)), (Paragraph 0168, These bases of the actuators (4), (4′), (4″) are pivotally fixed to the tank floor, allowing the actuators (4), (4′), (4″) to be tilted in relation to the tank floor to position the bed (3) in its desired configuration. In their preferred configuration, the actuator bases also include a seal to prevent the water in the tank from damaging this pivotable fixation)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure
Meyer et al. (US 20060169284 A1) discloses a hyperbaric therapy capsule with a pivoting mechanism
McKeeman (US 20140366881 A1) discloses an inflatable, portable hyperbaric chamber
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL Z HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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 S. 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.
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/MISHAL HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
Prosecution Insights