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 without traverse of Invention 2, claims 1-5, in the reply filed on 4/22/2026 is acknowledged.
Priority
Acknowledgement is made to Applicant's claim to priority to U.S. Provisional App. No. 63/378,284 filed 10/04/2022.
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 4 is 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.
Regarding claim 4, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walden et al. (US 20170156977 A1), hereafter Walden.
Regarding claim 1, Walden discloses a mechanical CPR device for providing mechanical CPR to a patient's chest (CPR system; abstract), the CPR device comprising: a support assembly having a compression system mounted therein (securing mechanism 120 with compression device 110; Fig. 4, par. 0041), the support assembly defining a volume sufficient in size to accommodate a patient's torso (securing mechanism 120 accommodates patient P; Fig. 4, par. 0046); the compression system including a motor coupled to a drivetrain having a patient interface (motor drive mechanism of the compression device 110 which drives compression pad 102 in contact with patient; Fig. 4, par. 0046, 0049), and the compression system being positioned within the support assembly to permit reciprocation of the drivetrain to deliver a compressive stroke of CPR to the patient (compression system 110 delivers chest compressions to patient; par. 0046-0047); a control system that is coupled to the motor to reciprocate the drivetrain so that the patient interface interacts with the patient's torso to deliver the compressive stroke of CPR to a therapeutic depth (the control unit 112 includes a dynamic adjustment module 115 that makes adjustments to the chest compressor stroke distance so that the patient receives full chest compressions; par. 0047); the control system coupled to the motor by way of at least one first sensor to obtain rotational information (sensors 104 include gyroscopic sensors to provide feedback to dynamic adjustment module 115; par. 0049, 0052) and by way of at least one second sensor to obtain applied amperage and applied voltage (sensors 104 include a motor current sensor and power measurement sensor; par. 0049); the control system converting (i) the obtained rotational information into a displacement of the patient interface (signals from sensors 104 are used to determine deflections and chest compressor movement; par. 0043, 0046-0047, 0052), and (ii) the applied amperage and applied voltage obtained into a flex correction (motor current sensor and power measurement sensor are used to correlate measurements to a force value; par. 0049) the control system applying the flex correction to the therapeutic depth in a subsequent compressive stroke (dynamic response module 115 assesses force data from sensors 104 to make adjustments to ensure proper chest compressor stroke distance; par. 0047).
Regarding claim 2, Walden discloses the device of claim 1 (shown above), wherein the control system determines a therapeutic depth for reciprocating the patient interface (control unit determines a stroke distance for patient to receive full chest compression; par. 0047); delivers a compressive stroke based on the therapeutic depth (patient receives full chest compression; par. 0047); determines for the delivered compressive stroke the flex correction based on the applied amperage and applied voltage obtained (dynamic adjustment module 115 of control unit 112 receives feedback from sensors 104 which include motor current and power measurement sensors to correlate measurements to a force value to adjust stroke distance; par. 0047, 0049); and sets the depth of a subsequent compressive stroke to the therapeutic depth plus the determined flex correction (increase chest compressor stroke distance an appropriate amount to compensate for any system deflection or lift-off of the compression device to deliver the full chest compression intended to patient; par. 0047).
Regarding claim 3, Walden discloses the device of claim 1 (shown above), wherein the control system applies a continuous flex correction determined based on one or more prior strokes and where that flex correction is applied to a subsequent compressive stroke (sensors allow system to dynamically compensate for variable structural deflections and/or lift-off, par. 0040, 0043; a continuously variable compressor stroke offset in accordance with measured feedback from the sensors, par. 0047).
Regarding claim 4, Walden discloses the device of claim 1 (shown above), wherein the control system determines the flex correction based on the rail voltage and amperage applied to a motor during one or more prior compressive strokes, such as an immediately prior stroke or such as a penultimate stroke (a motor current sensor and/or a power measurement sensor employed to correlate measurements to a force value which is used to adjust the stroke distance; par. 0047, 0049).
Regarding claim 5, Walden discloses the device of claim 1 (shown above), in which the flex correction magnitude is determined using a filtering system to dampen a delta between flex corrections applied to subsequent compressions (the dynamic response module 115 uses a look up table of incremental sensor value ranges to determine an offset value from the sensor data, par. 0047; examiner notes: using ranges for the sensor data would serve to dampen a delta between flex correction/offset by filtering small changes into the same range).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Choi et al. (WO 2024019203 A1) discloses a method for correcting chest compression depth which uses a rotational information of the motor to determine a displacement of the patient interface.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY RHEE whose telephone number is (703)756-5954. The examiner can normally be reached Monday through Friday, 10:00 AM to 6:00 PM EST.
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/K.R./Examiner, Art Unit 3785 /BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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