DETAILED ACTION
Claims 1-20 are pending in this application.
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 Species A (Figures 3, 6, 13) and Species Z (Figures 21 and 24) in the reply filed on 01/02/26 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)).
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first portion”, the “second portion”, and the “third portion” of the “second tightening strip” and of the “third tightening strip” must be shown and referenced (by reference numerals or characters) or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 5 is objected to because of the following informalities: line 2 reads “wherein and concave directions” and should rather read as --wherein concave directions--. Appropriate correction is required.
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.
Claims 1-2, 4-5, 8, 14-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hsiao (U.S. Pub. No. 2022/0039805).
Regarding claim 1, Hsiao discloses a tourniquet with a multi-angle tightening device (Figures 1-8), comprising:
a tourniquet main body (including strap 6);
a first tightening device (including dial 4), rotatably disposed on the tourniquet main body ([0026]), and comprising at least three pillar-shaped structures (see protrusions on outer circumference of dial 4), wherein the at least three pillar-shaped structures respectively extends outward from a rotation center (pillar-shaped structures of dial 4 extend radially away or apart from a rotation center, or central axis [see annotated Figure 4 below showing rotation center]) of the first tightening device, and there is a first width between the at least three pillar-shaped structures (see annotated Figure 3 below showing a first width; it is noted that under broadest reasonable interpretation, “a first width between the at least three pillar-shaped structures” is interpreted as being a width extending in an inwardly radial direction between the at least three pillar-shaped structures, and not necessarily a width extending between the outer lateral surfaces of adjacent pillar-shaped structures in a circumferential direction); and
a fixing element (locking rod 5; [0027]), disposed adjacent to the first tightening device, and disposed on the tourniquet main body, wherein the first width is wider than a second width of the fixing element (see annotated Figure 3 below showing a second width/diameter of locking rod 5 which is less than the first width), a distance from the rotation center of the first tightening device to the fixing element 5 is less than an extension length of any one of the at least three pillar-shaped structures from the rotation center (see annotated Figure 4 below showing that a distance from rotation center [central axis] to the fixing element 5 is less than an extension length of a pillar-shaped structure of dial 4 from the rotation center).
FIG. 3 of HSIAO
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446
668
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FIG. 4 of HSIAO
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540
497
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Regarding claim 2, Hsiao discloses the tourniquet main body comprises a first tightening strip 6, a second tightening strip 63, and a cover layer 62 (Figure 7); a first portion and a second portion of the second tightening strip are connected to the first tightening strip ([0028]), a third portion of the second tightening strip is movably disposed on the first tightening strip (via movement of winding rod 2; Id.), and the cover layer covers the first tightening strip and the second tightening strip (62 covers first tightening strip 6 and also covers portion of second tightening strip 63 within the space between 62 and 6; Id.).
Regarding claim 4, Hsiao discloses the fixing element 5 comprises at least one limit unit (lower section 51), a first curved portion (one turn of coiled spring 52), and a second curved portion (another, separate turn of the coiled spring 52); the at least one limit unit is disposed between the first curved portion and the second curved portion (51 is surrounded by spring 52), the first curved portion forms a first groove (formed by curve of the coil), and the second curved portion forms a second groove (Id.).
Regarding claim 5, Hsiao discloses concave directions of the first groove and the second groove are opposite (the first groove of the coiled spring 52 is on a left lateral side of 51, and the second groove of the coiled spring 52 is on the opposite, right lateral side of 51).
Regarding claims 1 and 8, Hsiao discloses (in another interpretation of the fixing element), a tourniquet with a multi-angle tightening device (Figures 1-8), comprising:
a tourniquet main body (including strap 6);
a first tightening device (including dial 4), rotatably disposed on the tourniquet main body ([0026]), and comprising at least three pillar-shaped structures (see protrusions on outer circumference of dial 4), wherein the at least three pillar-shaped structures respectively extends outward from a rotation center (pillar-shaped structures of dial 4 extend radially away or apart from a rotation center, or central axis [see annotated Figure 4 above showing rotation center]) of the first tightening device, and there is a first width between the at least three pillar-shaped structures (see annotated Figure 3 above showing a first width; it is noted that under broadest reasonable interpretation, “a first width between the at least three pillar-shaped structures” is interpreted as being a width extending in an inwardly radial direction between the at least three pillar-shaped structures, and not necessarily a width extending between the outer lateral surfaces of adjacent pillar-shaped structures in a circumferential direction); and
a fixing element (winding rod 2; [0024]), disposed adjacent to the first tightening device, and disposed on the tourniquet main body, wherein the first width is wider than a second width of the fixing element (the first width, as seen in annotated Figure 3 above is wider than a width/diameter of fixing element 2), a distance from the rotation center of the first tightening device to the fixing element 2 is less than an extension length of any one of the at least three pillar-shaped structures from the rotation center (see annotated Figure 4 above showing that an extension length is greater than the short distance between fixing element 2 from the rotation center), and
a second tightening device (ratchet 32; Figures 1 and 4), wherein the second tightening device corresponds to the first tightening device (is connected with and rotates with dial 4; [0029]) and is disposed on the tourniquet main body (Figure 7), and the fixing element 2 is disposed between the first tightening device and the second tightening device (see Figure 4, fixing element 2 is between dial 4 and ratchet 32).
Regarding claim 14, Hsiao discloses a first attachment structure and a second attachment structure (see portions of strap 6 around buckle 61 in Figure 7, including attaching structures with fastener patch 62; [0028]-[0029]) are respectively disposed on a bottom surface and a top surface of the tourniquet main body; after the tourniquet main body is wound around (a patient’s limb), the first attachment structure and the second attachment structure are attached to each other (Id.).
Regarding claim 15, Hsiao discloses a tourniquet with a multi-angle tightening device, comprising:
a tourniquet main body (including strap 6);
a first tightening device (including dial 4), rotatably disposed on the tourniquet main body ([0026]);
a second tightening device (ratchet 32 or lower section 51), corresponding to the first tightening device (32 is connected with and rotates with dial 4, and 51 helps to lock against dial 4; [0029], [0027]) and disposed on the tourniquet main body (Figure 7); and
a fixing element (winding rod 2; [0024]), disposed between the first tightening device and the second tightening device (see Figure 4, fixing element 2 is between dial 4 and ratchet 32/lower section 51) and disposed on the tourniquet main body (Figure 7).
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 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hsiao (U.S. Pub. No. 2022/0039805) in view of Donald (U.S. Pub. No. 2012/0150215).
Regarding claim 16, Hsiao discloses the claimed invention, as discussed above, including the second tightening device is a rod member (lower section 51 has a rod-shape; Figure 4), except for the first tightening device is a rod member.
In Figure 5A-5B, [0048], Donald teaches a rotatably disposed first tightening device (crank 136 having rod members) disposed on a tourniquet main body.
It would have been obvious to one of ordinary skill before the effective filing date to modify the first tightening device of Hsiao to be a rod member, as taught by Donald, since having the dial with rod-shaped members would provide further mechanical advantage for a user in rotating the first tightening device, and therefore facilitate tightening the tourniquet against a user’s body limb.
Regarding claim 17, Hsiao as modified teaches the fixing element (winding rod 2; Hsiao, [0024]), comprises at least one limit unit (within slit 24; Figure 4, [0024], 0028]), a first curved portion (see Figure 4; one curved groove on outer surface of rod 2), and a second curved portion (the opposite curved groove of slit 24 on the opposite side of the rod 2; the tightening band 63 is threaded through slit 24, and therefore enters the first curved portion and then exits the second curved portion); the at least one limit unit is disposed between the first curved portion and the second curved portion (within rod 2), the first curved portion forms a first groove, and the second curved portion forms a second groove (Id.).
Regarding claim 18, Hsiao as modified teaches concave directions of the first groove and the second groove (on opposite sides of slit 24) are opposite (a left lateral curved side of the first groove where tightening band 63 enters is an opposite concave direction to a right lateral curved side of the second groove where tightening band 63 exits).
Allowable Subject Matter
Claims 3, 6-7, 9-13, 19-20 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:
None of the prior art of record, alone or in combination, teaches or renders obvious a tourniquet with a multi-angle tightening device including, inter alia, a first tightening device rotatably disposed on a tourniquet main body, the tourniquet main body comprising a first tightening strip, a second tightening strip, and a cover layer, a first portion and a second portion of the tightening strip are connected to the first tightening strip, a third portion of the second tightening strip is movably disposed on the first tightening strip, the cover layer covers the first tightening strip and the second tightening strip, and the first tightening device is connected to the third portion of the second tightening strip through an opening of the cover layer, as in claims 3 and 9.
None of the prior art of record, alone or in combination, teaches or renders obvious a tourniquet with a multi-angle tightening device including, inter alia, a first tightening device rotatably disposed on a tourniquet main body, a fixing element comprising at least one limit unit disposed between a first curved portion and a second curved portion having opposite concave directions, wherein the first tightening device is positioned against one of the first curved portion or the second curved portion, as in claims 6 and 19.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Moore et al. (U.S. Patent No. 3,050,064) teaches first and second tightening devices 46, 48 (Figure 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE D YABUT whose telephone number is (571)272-6831. The examiner can normally be reached M-F 9am-5pm.
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/DIANE D YABUT/Primary Examiner, Art Unit 3771