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 .
Claim Objections
Claim 28 is objected to because of the following informalities:
Claim 28 currently depends from claim 26, but it appears that the intention was for claim 28 to depend on claim 27. Claim 28 recites an “outer enclosure” which only exists in the device of claim 26.
Appropriate correction is required.
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 2-26, drawn to a compression exertion device, classified in A61B17/12.
II. Claims 27-35, drawn to an article on manufacture, classified in A61H9/00.
The inventions are independent or distinct, each from the other because:
Inventions I and II are directed to related products. 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 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). In the instant case, the inventions as claimed have materially different designs. Furthermore, the inventions as claimed do not encompass overlapping subject matter and there is nothing of record to show them to be obvious variants.
During a telephone conversation with David Simmons on 23MAY2025 a provisional election was made without traverse to prosecute the invention of Group II, claims 27-35. Affirmation of this election must be made by applicant in replying to this Office action. Claims 2-26 withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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) 27-35 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4343302 A (Dillon).
Regarding claim 27, Dillon teaches an article of manufacture operably used with a peripheral neuropathy mitigation apparatus during chemotherapy treatment to reduce adverse chemotherapy treatment outcomes associated with nerve endings within a skin layer of a body part arising from at least one of exposure of the nerve endings to the chemotherapy agent and compressive pressure induced deprivation of oxygen within the skin layer, the article comprising:
an outer enclosure (16) (Fig. 1) having a body part receiving space adapted for having a body part of a patient engaged therein (as seen where leg 14 is located), wherein the outer enclosure includes an opening (12) through which the body part is placed into the body part receiving space;
at least one flow passage body (18) engaged with the outer enclosure (Col. 5: ll. 6-10), wherein the at least one flow passage body includes a flow passage that is exposed to the body part receiving space (as seen in Fig. 1) to enable pressurized delivery of a compression inducing medium (namely air, Col. 5: ll. 1-5) into the body part receiving space; and
a tissue-treating medium (namely oxygen, Col. 5: ll. 1-5) within the body part receiving space.
Regarding claim 28, Dillon further teaches a body part engaging seal (15) component extending at least partially around the opening and attached to the outer enclosure (16) (Fig. 1).
Regarding claim 29, Dillon further teaches the tissue-treating medium one of consists of oxygen (Col. 5: ll. 1-5).
Regarding claim 30, Dillon further teaches an outer body (10) at an exterior surface of the outer enclosure (16), wherein the outer body constrains expansion of the outer enclosure during said pressurized delivery of the compression inducing medium (the outer body forming an enclosure with rigid walls which would prevent expansion).
Regarding claim 31, Dillon further teaches a body part engaging seal (15) component extending around the opening (12) and attached to the outer body (10) (Fig. 1).
Regarding claim 32, Dillon further teaches the at least one tissue-treating medium is applied onto an interior surface of the outer enclosure (16), the flow body passage (18) providing gas flow into the outer enclosure (Col. 5: ll. 1-5, Col. 4: ll. 59-68).
Regarding claim 33, Dillon further teaches the tissue-treating medium one of consists of oxygen (Col. 5: ll. 1-5).
Regarding claim 34, Dillon further teaches a substrate (Dillon Annotated Fig. 1) covering the tissue-treating medium (oxygen applied via 18), wherein substrate one of comprises and consists of a material that is impermeable to an active constituent component of the tissue-treating medium (the plastic being intended to prevent the release of air, Col. 2: ll. 16-24).
PNG
media_image1.png
598
849
media_image1.png
Greyscale
Dillon Annotated Fig. 1
Regarding claim 35, Dillon further teaches the tissue-treating medium one of consists of oxygen (Col. 5: ll. 1-5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HANS KALIHER whose telephone number is (303)297-4453. The examiner can normally be reached Monday-Friday 08:00-05:00 MT.
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, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HANS KALIHER/Examiner, Art Unit 3781
/SARAH AL HASHIMI/Supervisory Patent Examiner, Art Unit 3781