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 .
Status of the Application
Claims 1—18 have been examined in this application. This communication a Final Rejection.
Claim Objections
The objection made in the Non-Final to Claim(s) 3 has been withdrawn in light of this
claim’s cancelation/amendment.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1—8, 12—18 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL Document Lunderg Alternating Air Pressure Pad (NPL Lunderg hereafter) in view of U.S Patent Application 2010/0139003 A1 to Moutafis (Moutafis hereafter) U.S Patent Application 2021/0068556 A1 to Langer (Langer hereafter).
As per claim 1, NPL Lunderg (as modified) teaches:
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An alternating pressure pad system for bedsore prevention (annotated Fig.1.1 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad patented Flock-Tech layer feels luxurious & soft, increasing the comfort of your loved one), the alternating pressure pad system comprising:
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an alternating pressure pad having a rectangular shape (Fig.1.2; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) with a length axis that is greater than a width axis, the alternating pressure pad (annotated Fig.1.1: generally shown length axis greater than width axis) comprising: a first layer defined by a planer sheet of flocked polyvinyl chloride (PVC) (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), a second layer defined by a planer sheet of non-flocked PVC (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), and consisting essentially of a PVC portion and a flocked portion coupled to a face of the PVC portion (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech Multi-Layer Pad) the second layer consisting essentially of only of PVC (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech Multi-Layer Pad) a first chamber and a second chamber that is separate from the first chamber (annotated Fig.1.3 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad independently inflatable chambers), the first and second chambers being physically separate such that the first and second chambers can be separately inflated and deflated (annotated Fig.1.3 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), the first and second chambers defining a plurality of first and second forks that are staggered with each other (annotated Fig.1.1), with each of the plurality of first and second forks having a central fork axis that is parallel to the width axis of the alternating pressure pad and perpendicular to the length axis of the alternating
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pressure pad (annotated Fig.1.1);
and a first charging port and a second charging port (annotated Fig.1.3), the first charging port defining a passage through which air can be introduced into the first chamber and the second charging port defining a passage through which air can be introduced into the second chamber (annotated Fig.1.3), the first charging port and the second charging port being separate such that the first and second chambers can be separately inflated and deflated via the first charging port and the second charging port (annotated Fig.1.3 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad); and a pump system (annotated Fig.1.3) comprising a first tube and a second tube that are respectively coupled with the first charging port and the second charging port (annotated Fig.1.3 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), the pump system configured to separately inflate and deflate the first and second chambers of the alternating pressure pad by introducing and removing air from the first and second chambers via the first and second tubes and first and second charging ports that communicate with the separate first and second chambers (annotated Fig.1.3 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
NPL Lunderg does not teach: the first layer having a thickness of between 0.50 mm - 0.70 mm, the PVC portion having a thickness of between 0.3 mm and 0.5 mm and the flocked portion having a thickness between 0.15 mm and 0.25 mm, the first layer having a puncture resistance of between 29 lbf and 32 lbf; the second layer having a thickness between 0.29 - 0.40 mm a puncture resistance of between 24 lbf and 26 lbf, and being directly physically coupled with the first layer via a plurality of weld couplings; the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers, , the pump system being an electronic device comprising a processor and a memory that stores instructions that when executed by the processor cause the pump system to perform an automated alternating pressure routine that includes alternatingly inflating and deflating the first and second chambers in a looping cycle.
Moutafis teaches: the first layer having a thickness of between 0.50 mm - 0.70 mm (46—Fig.8A; para [0069]: thickness may be .7mm), the PVC portion having a thickness of between 0.3 mm and 0.5 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches) and the flocked portion having a thickness between 0.15 mm and 0.25 mm (46—Fig.8A; para [0069]: bladder maybe made in part of flocked material with a thickness may be between .01-.05 inches), the second layer having a thickness between 0.29 - 0.40 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches) the pump system being an electronic device comprising a processor (para [0055]: pump control operating unit to operate in an alternating pressure mode) and a memory that stores instructions that when executed by the processor cause the pump system to perform an automated alternating pressure routine (para [0055]: alternating pressure) that includes alternatingly inflating and deflating the first and second chambers in a looping cycle (para [0055]).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber. One of ordinary skill in the art would have been motivated to make such a combination to provide air inflow/pressure changing according over time using the simple blower and the control unit for pressure relieving benefits as taught in Moutafis (para [0055]).
NPL Lunderg as modified does not teach: the first layer having a puncture resistance of between 29 lbf and 32 lbf; a puncture resistance of between 24 lbf and 26 lbf, and being directly physically coupled with the first layer via a plurality of weld couplings; the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers.
Langer teaches: the first layer having a puncture resistance of between 29 lbf and 32 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf); [second layer] a puncture resistance of between 24 lbf and 26 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf), and being directly physically coupled with the first layer via a plurality of weld couplings (104 & 106—Fig.2; para [0035]: layers coupled together via welding); the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers (104 & 106—Fig.2; para [0035]: layers coupled together via welding).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 2, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 1, wherein the alternating pressure pad comprises a first and second extension member (annotated Fig.1.2 above) that respectively extend from opposing side ends of the length of the alternating pressure pad (annotated Fig.1.2 above), the first and second extension members being solid components without an inflatable cavity and configured to facilitate fixation of the alternating pressure pad to a bed or mattress by tucking the first and second extension members under or into the bed or mattress (annotated Fig.1.2 above).
As per claim 3, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 1, wherein the planer sheet of flocked Polyvinyl Chloride (PVC) of the first layer is configured to make the alternating pressure pad more comfortable and softer for a patient resting on the alternating pressure pad (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad. patented Flock-Tech layer feels luxurious & soft, increasing the comfort), reduce slipping of the patient on the alternating pressure pad, and provide for heat and moisture control for the patient when resting on the alternating pressure pad (bullet 3: reduces excess moisture by managing the heat & humidity of the skin).
As per claim 4, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 1, wherein the alternating pressure pad is configured for use by bed-ridden patients resting on alternating pressure pad for long periods of time including for multiple days, weeks or months (annotated Fig.1.2; pg.1 bullet 4: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad for bed sores are ideal for long-term care of bedridden patients at home, hospital or the nursing home).
As per claim 5, NPL Lunderg teaches:
An alternating pressure pad system for bedsore prevention (annotated Fig.1.1 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad patented Flock-Tech layer feels luxurious & soft, increasing the comfort of your loved one), the alternating pressure pad system comprising: an alternating pressure pad having a rectangular shape (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) with a length axis that is greater than a width axis (annotated Fig.1.1 above: generally shown length axis greater than width axis), the alternating pressure pad comprising: a first layer defined by a planer sheet of flocked polyvinyl chloride (PVC) (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) and consisting essentially of a PVC portion and a flocked portion coupled to a face of the PVC portion (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) ; a second layer defined by a planer sheet of non-flocked PVC (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), the second layer consisting essentially of only of PVC (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) and a first chamber and a second chamber that is separate from the first chamber (annotated Fig.1.3 above pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad), the first and second chambers being physically separate such that the first and second chambers can be separately inflated and deflated (annotated Fig.1.3 above pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
NPL Lunderg does not teach, the first layer having a thickness of between 0.50 mm - 0.70 mm, the PVC portion having a thickness of between 0.3 mm and 0.5 mm and the flocked portion having a thickness between 0.15 mm and 0.25 mm, the first layer having a puncture resistance of between 29 lbf and 32 lbf, the second layer having a thickness between 0.29 - 0.40 mm a puncture resistance of between 24 lbf and 26 lbf and being directly physically coupled with the first layer via a plurality of weld couplings; the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers.
Moutafis teaches, the first layer having a thickness of between 0.50 mm - 0.70 mm (46—Fig.8A; para [0069]: thickness may be .7mm), the PVC portion having a thickness of between 0.3 mm and 0.5 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches) and the flocked portion having a thickness between 0.15 mm and 0.25 mm (46—Fig.8A; para [0069]: bladder maybe made in part of flocked material with a thickness may be between .01-.05 inches), the second layer having a thickness between 0.29 - 0.40 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber. One of ordinary skill in the art would have been motivated to make such a combination to provide air inflow/pressure changing according over time using the simple blower and the control unit for pressure relieving benefits as taught in Moutafis (para [0055]).
NPL Lunderg as modified does not teach: the first layer having a puncture resistance of between 29 lbf and 32 lbf a puncture resistance of between 24 lbf and 26 lbf and being directly physically coupled with the first layer via a plurality of weld couplings; the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers.
Langer teaches: the first layer having a puncture resistance of between 29 lbf and 32 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf) [a second layer] a puncture resistance of between 24 lbf and 26 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf) and being directly physically coupled with the first layer via a plurality of weld couplings (104 & 106—Fig.2; para [0035]: layers coupled together via welding); the first and second chambers being defined by the first and second layers and the plurality of weld couplings that physically couple the first and second layers (104 & 106—Fig.2; para [0035]: layers coupled together via welding).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 6, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 5, further comprising a pump system (annotated Fig.1.3 above) that includes a first tube and a second tube (annotated Fig.1.3 above) that are respectively coupled with a first charging port and a second charging port (annotated Fig.1.3 above), the pump system configured to separately inflate and deflate the first and second chambers of the alternating pressure pad by introducing and removing air from the first and second chambers via the first and second tubes and first and second charging ports that communicate with the separate first and second chambers (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
NPL Lunderg does not teach, the pump system being an electronic device comprising a processor and a memory that stores instructions that when executed by the processor cause the pump system to perform an automated alternating pressure routine that includes alternatingly inflating and deflating the first and second chambers in a looping cycle.
Moutafis teaches: the pump system being an electronic device comprising a processor (para [0055]: pump control operating unit to operate in an alternating pressure mode) and a memory that stores instructions that when executed by the processor cause the pump system to perform an automated alternating pressure routine (para [0055]: alternating pressure) that includes alternatingly inflating and deflating the first and second chambers in a looping cycle (para [0055]: alternating pressure).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber. One of ordinary skill in the art would have been motivated to make such a combination to provide air inflow/pressure changing according over time using the simple blower and the control unit for pressure relieving benefits as taught in Moutafis (para [0055]).
As per claim 7, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 5, wherein the alternating pressure pad further comprises a first charging port and a second charging port (annotated Fig.1.3 above), the first charging port defining a passage through which air can be introduced into the first chamber and the second charging port defining a passage through which air can be introduced into the second chamber (annotated Fig.1.3 above), the first charging port and the second charging port being separate such that the first and second chambers can be separately inflated and deflated via the first charging port and the second charging port (annotated Fig.1.3 above; bullet 3: alternating inflatable pressure pad).
As per claim 8, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 5, wherein the first and second chambers define a plurality of first and second forks that are staggered with each other (annotated Fig.1.1 above), with each of the plurality of first and second forks having a central fork axis that is parallel to the width axis of the alternating pressure pad and perpendicular to the length axis of the alternating pressure pad (annotated Fig.1.1 above).
As per claim 12, NPL Lunderg (as modified) teaches: The alternating pressure pad system of claim 9.
NPL Lunderg (as modified) teaches does not explicitly teach, wherein the first layer has a puncture resistance of between 29 lbf and 32 lbf.
Langer teaches, wherein the first layer has a puncture resistance of between 29 lbf and 32 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 13, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 9, wherein the alternating pressure pad comprises a second layer defined by a planer sheet of non-flocked PVC (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
NPL Lunderg (as modified) teaches does not explicitly teach, the second layer having a thickness between 0.29 - 0.40 mm.
Moutafis teaches, the second layer having a thickness between 0.29 - 0.40 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber. One of ordinary skill in the art would have been motivated to make such a combination to provide air inflow/pressure changing according over time using the simple blower and the control unit for pressure relieving benefits as taught in Moutafis (para [0055]).
As per claim 14, NPL Lunderg (as modified) teaches: The alternating pressure pad system of claim 13.
NPL Lunderg (as modified) teaches does not explicitly teach, wherein the second layer has a puncture resistance of between 24 lbf and 26 lbf.
Langer teaches, wherein the second layer has a puncture resistance of between 24 lbf and 26 lbf (104 & 106—Fig.2; para [0048]: first and second IFDs between 5lbf to 35 lbf and 22 to 48lbf).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 15, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 13, wherein the second layer consists essentially of only of PVC (annotated Fig.1.2; pg.1 bullet 3: Flock-Tech and non-flocked PVC side Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
As per claim 16, NPL Lunderg (as modified) teaches: The alternating pressure pad system of claim 13.
NPL Lunderg (as modified) teaches does not explicitly teach, wherein the second layer is directly physically coupled with the first layer via one or more weld couplings.
Langer teaches, wherein the second layer is directly physically coupled with the first layer via one or more weld couplings (104 & 106—Fig.2; para [0035]: layers coupled together via welding).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 17, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 13, wherein the alternating pressure pad further comprises a first chamber and a second chamber that is separate from the first chamber (annotated Fig.1.3 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) the first and second chambers being defined by the first and second layers (annotated Fig.1.1 first and second chambers defined by first and second layers).
NPL Lunderg (as modified) teaches does not explicitly teach one or more weld couplings that physically couple the first and second layers.
Langer teaches: and one or more weld couplings that physically couple the first and second layers (104 & 106—Fig.2; para [0035]: layers coupled together via welding).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and Langer (directed to a first and second layer with a puncture resistance and directly coupled via chambers) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber a first and second layer with a puncture resistance and directly coupled via welding. One of ordinary skill in the art would have been motivated to make such a combination provide a support surface for the patient with a desired density as taught in Langer (para [0048]).
As per claim 18, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 17, wherein the first and second chambers are physically separate such that the first and second chambers can be separately inflated and deflated (annotated Fig.1.3 pg.1 bullet 3: Flock-Tech Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
Claim(s) 9—11 is/are rejected under 35 U.S.C. 103 as being unpatentable over NPL Document Lunderg Alternating Air Pressure Pad (NPL Lunderg hereafter) in view of U.S Patent Application 2010/0139003 A1 to Moutafis (Moutafis hereafter) U.S Patent Application 2021/0068556 A1 to Langer (Langer hereafter).
As per claim 9, NPL Lunderg teaches:
An alternating pressure pad system, the alternating pressure pad system comprising: an alternating pressure pad that includes: a first layer defined by a planer sheet of flocked polyvinyl chloride (PVC) (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad) and comprising a PVC portion and a flocked portion coupled to a face of the PVC portion (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
NPL Lunderg does not teach: the first layer having a thickness of between 0.50 mm - 0.70 mm the PVC portion having a thickness of between 0.3 mm and 0.5 mm and the flocked portion having a thickness between 0.15 mm and 0.25 mm.
Moutafis teaches the first layer having a thickness of between 0.50 mm - 0.70 mm (46—Fig.8A; para [0069]: thickness may be .7mm), the PVC portion having a thickness of between 0.3 mm and 0.5 mm (46—Fig.8A; para [0069]: bladder maybe made of PVC thickness may be between .01-.05 inches) and the flocked portion having a thickness between 0.15 mm and 0.25 mm (46—Fig.8A; para [0069]: bladder maybe made in part of flocked material with a thickness may be between .01-.05 inches).
Accordingly, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg (directed to an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber) and Moutafis (directed to an inflatable system provided with a pump provided with a processor including an alternating routine for inflating/deflating a chamber) and arrived at an alternating pressure pad provided with a flocked sheet joined with a PVC sheet with a first and second chamber configured to alternatingly inflate each chamber with a processor including an alternating routine for inflating/deflating a chamber. One of ordinary skill in the art would have been motivated to make such a combination to provide air inflow/pressure changing according over time using the simple blower and the control unit for pressure relieving benefits as taught in Moutafis (para [0055]).
As per claim 10, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 9, wherein the alternating pressure pad has a rectangular shape with a length that is greater than a width (annotated Fig.1.1 above: generally shown length axis greater than width axis).
As per claim 11, NPL Lunderg (as modified) teaches:
The alternating pressure pad system of claim 9, wherein the first layer consists essentially of a PVC portion and a flocked portion coupled to a face of the PVC portion (annotated Fig.1.2 above; pg.1 bullet 3: Flock-Tech and non-flocked Multi-Layer Pad - Lunderg a multi-layer alternating pressure pad).
Response to Arguments
Applicant's arguments filed 02/23/2026 have been fully considered but they are not persuasive.
Applicant’s Arguments:
Regarding the Non-Final Rejection filed on 02/23/2026, the Applicant argues,
The rejection relies on an Amazon product page that currently displays photographs and other material asserted to depict the claimed design. The page contains a "Date First Available" entry (e.g., "Date First Available: April 28, 2023"), and the Office appears to treat that entry as the publication date of the content now of record. That is insufficient. The "Date First Available" field reflects when a product listing was created on Amazon, not when any particular images or content were uploaded or made public. Amazon listings are dynamic and routinely updated without changing the "Date First Available" field. Thus, even if the listing existed prior to the effective filing date, that fact does not demonstrate that the particular images and content now relied upon were publicly accessible before Applicant's filing date.
Examiner's Response to Arguments:
The examiner respectfully disagrees to the Applicant’s Arguments for the following reasons
1) The examiner highlights that 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 examiner maintains that because the NPL document was available before the effective filing date of the claimed invention to a person having ordinary skill in the art, it would have been obvious to one of ordinary skill in the art before the invention was effectively filed to have combined NPL Lunderg with the modifying references above to produce the claimed invention.
2)
3
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S Patent Application 2008/0178392 A1 to Chu (Chu hereafter) discloses an air cushion having a first and second set of flexible air chambers providing alternative up and down motion when inflated and deflated, wherein each set of air chambers includes a primary channel branching into a plurality of secondary channels.
U.S Patent Application 2003/0163874 A1 to Boso (Boso hereafter) discloses an inflatable mattress topper including an inflatable chamber which may be formed out of polyvinyl chloride with or without lamination or flocking. The inflatable chamber is designed to rest upon a support system, namely a bed without additional securing devices or may be integrated within a conventional mattress.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Deborah T Gedeon whose telephone number is (571)272-8863. The examiner can normally be reached Mon - Fri 8:30am to 4:30pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/D.T.G./Examiner, Art Unit 3673 05/31/2026
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673
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