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 .
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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2019/0099288 A1 to Vergara et al. (Vergara).
Regarding claim 1, Vergara teaches a device for cold compress and hot compress (title “Head Exchange Module, System and Method”), comprising a compress bag (heat exchange module 1100), a control device ([0074 and 0117]), and a heat dissipation device ([0074]), wherein, the compress bag comprises a semiconductor chilling pate (TECs 1510) and a working surface (biocompatibility layer 1770) for being attached to a human body ([0206] which states in part “A biocompatibility layer 1770 can be secured to the outward face of the cover plate 1620. This provides for a smoother, more comfortable and more sanitary contact of the HEM to the body part.”), and the semiconductor chilling plate is disposed on the working surface (Fig. 32), the heat dissipation device comprises a cooling medium circulation device (console 114), the cooling medium circulation device comprises a circulation passage (channel 1410) and a cooling medium ([0012]) in the circulation passage (channel 1410), and the circulation passing is formed in the compress bag (Fig. 32 and [0016] which states in part “This assembly of components…can then be mechanically fastened with methods including sewing or riveting to make the heat exchange stack.”), and is adjacent to one side, away from the working surface, of the semiconductor chilling plate (Fig. 32), and the control device is electrically connected to the semiconductor chilling plate and the heat dissipation device ([0074 and 0117]).
Regarding claim 2, Vergara teaches the device of claim 1 as well as wherein the compress bag further comprises a circuit substrate (filler layer 1780) disposed corresponding to the semiconductor chilling plate (Fig. 32), the semiconductor chilling plate is disposed on the circuit substrate (Fig. 32), and the circuit substrate is electrically connected to the control device (see Fig. 32 where the TEC wires 1120 go across 1780 to connect the TECs to the console).
Regarding claim 3, Vergara teaches the device of claim 1 as well as wherein the cooling medium circulation device further comprise a storage tank (reservoir 250), a pumping device (pump 180), and an external connecting pipe (fluid hoses 1110), and the external connecting pipe is connected to the circulation passage in the compress bag (Fig. 32) and the storage tank ([0117] which states in part “The pump is drawing fluid from the reservoir and sending it through the umbilical into the HEM where it collects heat and returns via the umbilical.”), and the pumping device is disposed on one side of the storage tank (Fig. 29) and electrically connected to the control device ([0116]).
Regarding claim 4, Vergara teaches the device of claim 1 as well as wherein the heat dissipation device further comprise a secondary heat dissipation device (radiator 150 and fans 140), and the cooling medium flows through the secondary heat dissipation device ([0117] which states in part “The pump is drawing fluid from the reservoir and sending it through the umbilical into the HEM…It [is] the passed through the radiator and returns to the reservoir. When passing through the radiator, the collected heat is dissipated from the air forced through the radiator by the fans.”), and the secondary heat dissipation device is electrically connected to the control device ([0117]).
Regarding claim 5, Vergara teaches the device of claim 1 as well as wherein the secondary heat dissipation device comprises a radiator (radiator 150) and a heat dissipation fan (fans 140), the cooling medium flows through the radiator ([0117] which states in part “The pump is drawing fluid from the reservoir and sending it through the umbilical into the HEM…It [is] the passed through the radiator and returns to the reservoir.”), and the radiator is disposed on an air outlet path of the heat dissipation fan ([0109] which states in part “The fan(s) are mounted to the radiator, and the radiator fan system is mounted such that the fans directly come into contact with a vent.” And [0117] which states in part “When passing through the radiator, the collected heat is dissipated from the air forced through the radiator by the fans.”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vergara in view of US 2019/0262169 A1 to Vergara et al. (169 Vergara).
Regarding claim 6, Vergara teaches the device of claim 1, but not a strap, wherein the strap is removably connected to the compress bag. 169 Vergara teaches an analogous device (title “Heat Exchange Module, System and Method” to that of Vergara wherein the heat exchange module can be packaged for use inside a soft good (192, Figs. 61-66) that provides a biocompatible material comfort layer, hook-and-loop straps, and/or elements necessary for affixing the device to the user’s body ([0146]). 169 Vergara goes on to disclose that the heat exchange module with be removable from the soft good to allow for replacement or modification of a hat exchange module to conform for its intended purpose and allow the soft good to be cleaned ([0284-0285]). It is asserted that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Vergara with the removable strap assembly of 169 Vergara to allow for conformability to the area of application as well as to allow for the replacement of the heat exchange module and cleaning of the soft good as taught by 169 Vergara ([0284-0285]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E SMITH whose telephone number is (571)270-5845. The examiner can normally be reached Monday-Friday 9am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Linda Dvorak can be reached at (571)272-4764. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794