DETAILED ACTION
This office action is in response to the claims filed 12/11/2023. Claims 1-10 are presenting pending in this application, with claims 1-9 presented on the merits.
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 I, claims 1-9, in the reply filed on 7/5/2026 is acknowledged. Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/5/2026.
Claim Objections
Claims 1, 3-4, and 6-9 are objected to because of the following informalities:
Claim 1 recites “the upper end surface” in line 5 and “the inner side surface of the protecting pad” in lines 8-9; it is suggested to amend the claim to recite -- an upper end surface-- and --an inner side surface of the protecting pad--, respectively, as it is the first time the limitations are being recited.
Claim 3 recites “the length direction” on line 3, “the surface of the protecting pad” in line 3, “the upper end surfaces of the sponge pads” in line 4, and “the lowest point of the inner peripheral surface of the neck pillow sliding sleeve” in lines 4-5; it is suggested to amend the claim to recite –a length direction--, --a surface of the protecting pad--, --an upper end surfaces of the sponge pads--, and --a lowest point of an inner peripheral surface of the neck pillow sliding sleeve--, as it is the first time the limitations are being recited.
Claim 4 recites “the shape of the panel in line 3, “the upper portion of the notch” in claims 3-4 and :the end surface of one side of the positioning block” in lines 4-5; it is suggested to amend the claim to recite --a shape of the panel--, -an upper portion of the notch--, and --an end surface of one side of the positioning block--, as it is the first time the limitations are being recited.
Claim 6 recites “the length of the protecting pad” in lines 3-4 and “the width size of the first-aid kit body” in line 4; it is suggested to amend the claim to recite --a length of the protecting pad—and --a width size of the first-aid kit body--, as it is the first time the limitations are being recited.
Claim 7 recites “the vertical end surface” in line 2; it is suggested to amend the claim to recite--a vertical end surface—as it is the first time the limitation is being recited.
Claim 8 recites “the length of the belt”; it is suggested to amend the claim to recite --a length of the belt-- as it is the first time the limitation is being recited.
Claim 9 recites “the head end and the tail end”; it is suggested to amend the claim to recite --a head end and a tail end—as it is the first time the limitations are being recited.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-9 is/are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
The following claim(s) appear to positively recite part of the human body in combination with the structure of the claimed invention:
Claim 1, lines 6-7, “a curved pillow opening on which the head of a patient is placed”.
Applicant needs to clearly state using inferential language (e.g. configured to, adapted to, etc.) so that the human anatomy is not claimed.
Claims 2-9 are rejected for being either directly or indirectly depending from a rejected claim base.
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 of this title, 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.
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 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.
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider, Sr (5,494,051) in view of Jayne et al (2004/0162510), Nakar et al (2021/0106496), Porter et al (2013/0269711), and Heath (2006/0069326).
Regarding claim 1, Schneider discloses a multifunctional patient-transport apparatus, comprising a first-aid kit body (28) (litter includes base (28) (col 3, ln 40-44) and at head end (80) includes a headrest (116) (col 6, ln 29-36) and side portion of base (28) at head end (80) includes display means (56) (col 3, ln 57-60), a ventilation device (84) (breathing assistance means), a monitoring device (36-42) (monitors for pulse rate (36), blood pressure (38) pO2 (40) and body temperature (42), a defibrillation device (86) (defibrillator means) (col 4, ln 56-65) and a control device (34) (CPU) which are installed on the first-aid kit body (116) (CPU can be located at any convenient location within litter) (col 3, ln 62-67) the upper end surface of the first-aid kit body (116) is concavely provided with a curved pillow opening (130, 132 (depressions) on which the head of a patient is placed (col 6, ln 48-54); a belt (14) (restraint means) (col 3, ln 27-40), the ventilation device (84) comprises a source of compressed air which can supplement air from tank (104) (col 5, ln 17-23), an oxygen mask (84) (breathing assistance apparatus) and a gas transmission pipe (60) which are integrated inside the first-aid kit body (28), and an output port of the source of compressed air penetrates through the first-aid kit body (28) and is connected with the oxygen mask (84) (as shown in fig 1, mask (84) is connected to a hose which extends from the first aid kit body (28)) (fig 1, col 5, ln 24-33); the control device (34) comprises a panel (56) (display means) installed on one side of the first-aid kit body ; the panel (61) displays physiological parameters of blood oxygen, pulse and body temperature in real time (col 6, ln 17-23); and a battery (106) for supplying power is integrated in the first-aid kit body (col 4, ln 66-col 5, ln 6).
Schneider does not disclose a pressing device, a belt is counter-pulled between the edges of both sides of an inner side surface; and the pressing device and the defibrillation device are integrated and sleeved on the belt.
However, Jayne in fig 3 teaches an external chest compression and defibrillation device including a belt (153) and a pressing device (152) (piston) integrated and sleeved on the belt (153) wherein the belt (153) would counter-pulled between the edges of both sides of an inner side surface of the back frame (para [0049]), and in fig 8 teaches the belt may include the electrodes (306) of the defibrillator integrated and sleeved on the belt.
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of Schneider by providing a belt including a pressing and sleeved on the belt so that belt is counter-pulled between the edges of both sides of an inner side surface of a back frame of the device as taught by Jayne in order to allow the device to perform external chest compression (ECC) and defibrillation on a person (Jayne, abstract), and to configure the defibrillator to be integrated and sleeved on the belt, as the feature of providing the defibrillator on an ECC belt is known in the art, and it appears that the device of modified Schneider would perform equally well to provide defibrillation to a patient if it were integrated and sleeved on the belt. See MPEP 2144.04(VI)(C).
The limitation “the first-aid kit body is formed by integrated injection molding;” is considered to be a product claim. Product-by-process claims are not limited by the manipulations of the recited steps, only the structure implied by the steps. See MPEP 2113(I). In this case, although the process steps by which the first-aid kit body is not disclosed, it is considered that the first-aid kit body disclosed in Schneider would have a structure that is the same or obvious as a first-aid kit body that is formed by integrated injection molding.
The now-modified Schneider’s device does not disclose the first-aid kit body is formed by integrated injection molding.
However, Nakar teaches a device for providing CPR feedback including a kit body (100, 103) (solid upper, lower lid), wherein the kit body (100, 103) is formed by injection molding (paras [0095], [0098]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schneider so that the first-aid kit body is formed by integrated injection molding, as the feature of forming a kit body from injection molding is known in the art, and it appears that the first-aid kit body of modified Schneider would perform equally well to house components of the device if to were formed by integrated injection molding. See MPEP 2143(I).
The now-modified Schneider’s device does not disclose the kit body is covered with a protecting pad.
However, Porter teaches a patient support system including a body (13) (panel), wherein the body (13) is covered by a protecting pad (13a) (padding) (para [0022]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schneider by providing a protecting pad to cover the body as taught by Porter in order to provide a soft surface for a user.
The now-modified Schneider’s device does not disclose the ventilation device comprises an oxygen generation pump
However, Heath teaches a device for resuscitation and life support including a ventilation device (105) (ventilator) (para [0045]), wherein the ventilator device (105) includes an oxygen generation pump (may use electrically controlled micropumps in on/off modes to control ventilation pressure and flow without a regulator) (para [0242]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schneider by providing the ventilation device with an oxygen generation pump as taught by Heath in order to control ventilation pressure and flow without a regulator (Heath, para [0242]) and to allow oxygen tanks to be recharged by the oxygen generating pump while batteries are charged (Heath, para [0243]).
The now-modified Schneider’s device does not disclose the monitoring device comprises two groups of patch electrical signal sensors and connected signal lines; each group of the sensors and the first-aid kit body are electrically connected through the signal lines, and wherein the panel is configured to display physiological parameters of ECG.
However, Jayne in fig 10 teaches an external chest compression and defibrillation device including a belt (320, 322) (belt first and second portions), wherein the belt (320, 322) includes two groups of patch electrical signal sensors (as shown in fig 10, first belt portion (320) includes a first group of ECG electrodes (326, 327) and second belt portion (322) includes a second group of ECG electrodes (328-330) and connected signal lines (332) (wires) (para [0064]); each group of the sensors (326-330) and a first-aid kit body are electrically connected through the signal lines (332) (as shown in figs 1-3, human interface device (54) includes output portion (58) comprising a visual display (para [0046]), and monitor may display lead ECG (para [0057]), and therefore the display (58) in the first aid kit body is electrically connected through the signal lines (332) to the ECG electrodes (326-330)), and wherein the panel (58) is configured to display physiological parameters of ECG (para [0057]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schneider by providing the monitoring device with two groups of patch electrical signal sensors and connected signal lines; each group of the sensors and the first-aid kit body are electrically connected through the signal lines, and wherein the panel is configured to display physiological parameters of ECG as taught by Jayne in order to provide ECG signals which are can be used for detecting Acute Myocardial Infarction (AMI) and cardiac arrest (Jayne, para [0096]) and analyzed for a shockable rhythm for defibrillation (Jayne, para [0098]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider, Sr, Jayne et al, Nakar et al, Porter et al, and Heath as applied to claim 1 above, and further in view of Hewson (3,351,052).
Regarding claim 7, modified Schneider discloses a belt.
Modified Schneider does not disclose the vertical end surface of one side of the first-aid kit body is connected with two groups of shoulder straps (81) buckled with the belt respectively.
However, Hewson in figs 1-2 teaches an external chest compression device including a pressing device (12) (cardiac compressor unit) and straps (16) (col 2, ln 29-40), and as shown in fig 2, the straps (16) include a belt configured to extend across a chest of a user and a two groups of shoulder straps buckled with the belt respectively and provided at a surface of a kit body (10) (shoulder lift) (see fig 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schneider by providing a vertical end surface of one side of the first-aid kit body is connected with two groups of shoulder straps buckled with the belt respectively as taught by Hewson, as the feature of providing a pair of shoulder straps to provide support to a pressing device of an external chest compression device is known in the art, and it appears that the device of modified Schneider would perform equally well to support a pressing device on a chest of a patient if a pair of shoulder straps is provided. See MPEP 2143(I)(A).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schneider, Sr, Jayne et al, Nakar et al, Porter et al, Heath, and Hewson as applied to claim 7 above, and further in view of Ehrstedt (2016/0095765).
Regarding claim 8, modified Schneider discloses a belt.
Modified Schneider does not disclose the belt is elastic.
However, Ehrstedt teaches an external chest compression device including a pressing device (100) (mechanical CPR device) and a belt comprising straps (320, 321), wherein the straps (320, 321) comprising the belt are made of a flexible and elastic material (para [0037]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the invention to modify the device of modified Schnider by configuring the belt to be made of an elastic material as taught by Ehrstedt, as the feature of providing an elastic belt to support a pressing device for CPR is known in the art, and it appears that the device of modified Schneider would perform equally well to support a pressing device on a patient’s chest if the belt were made of an elastic material. See MPEP 2143(I)(A). The now-modified Schneider’s device is considered that the length of the belt is not greater than the sum of twice the length and the width of the first-aid kit body because, as shown in figs 1-2 of Jayne and 3b of Ehrstedt, the belt is configured to extend along a width of the first aid kit body, and as shown in fig 1 of Schneider, the first aid kit body (10) is configured to extend along a length of a patient, and therefore the length of the belt would be less than the sum of twice the length and the width of the first-aid kit body.
Allowable Subject Matter
Claim 2-6 and 9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 101, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is an examiner’s statement for reasons for allowance: The closest prior art of the record, Schneider, Sr (5,494,051), Jayne et al (2004/0162510), Nakar et al (2021/0106496), Porter et al (2013/0269711), and Heath (2006/0069326) disclose the limitations of claim 1. However, neither Schneider, Sr, Jayne et al, Nakar et al, Porter et al, Heath, or the other prior art of record, disclose a neck pillow sliding sleeve (12) with a bearing bush structure is rotatably installed inside the curved pillow opening (11); an arc surface of one side of the neck pillow sliding sleeve (12) away from the first-aid kit body (1) is integrally formed with non-slip grains (121); an end surface of one side of the first-aid kit body (1) away from the protecting pad (7) is holed and fixed with a spring bolt (13); and an annular surface of one side of the neck pillow sliding sleeve (12) close to the spring bolt (13) is holed and in inserting fit with the spring bolt (13) as recited in claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Darrah et al (10,361,001), Barnett et al (2009/0124868) and Kneale et al (8,033,281) disclose patient supports including a pressing device, ventilation device, monitoring device, and/or a protecting pad; Ferraro Lindlau (2022/0362101) discloses a patient support including a neck pillow sliding sleeve; Soderberg et al (2011/0030141) discloses a medical device including a notch corresponding to a shape of a panel; and King et al (2010/0063425) discloses a medical device including a support frame formed as a sealed back structure that can be folded or rolled up.
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/DOUGLAS Y SUL/Examiner, Art Unit 3785
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