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 1 objected to because of the following informalities: delete the extra space between "surround sidewall," and "wherein said upper body". Appropriate correction is required.
Claim 5 objected to because of the following informalities: delete the extra space between "corresponding to the profile" and "of the upper body". Appropriate correction is required.
Claim 5 objected to because of the following informalities: delete the extra comma in "closed configuration,, when the upper body". Appropriate correction is required.
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.
Claims 1-20 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.
Claim 1 recites the limitation "the back rest" in lines 45. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "said resting space" in the final paragraph. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the exterior" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim 3 recites the limitation "the underside of said upper body" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the material" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "said skirt free portion front edge" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the sealed interior space" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 11 recites the limitation "the respective armhole slits" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 recites the limitation "said skirt region" in line 2. There is insufficient antecedent basis for this limitation in the claim.
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, 3, & 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP 121663 hereinafter Hyman.
In regards to Claim 1: An aerosol containment apparatus comprising:
an upper body rest section for resting thereon the upper body of a person; wherein said upper body rest section comprises a head rest region and back rest region; wherein said upper body rest section is integrated with, or configurable on, the back rest of a chair (Hyman, Page 13 last paragraph; Figure 2A Item 10);
a barrier surround sidewall sealed with the upper body rest section; wherein said barrier surround sidewall extends on and around an outer part of said head rest region and has an open-end traversing said upper body rest section (Hyman, Figure 2a Item 8; Page 14 last paragraph – Page 15 first paragraph);
an upper body shield cover integrated with, attached or attachable to said barrier surround sidewall, wherein said upper body shield cover comprises a head region and an overhanging portion (Hyman, Figure 2A Item 4), wherein said overhanging portion comprises a skirt portion (Hyman, Figure 2A Item 32; Page 15 2nd paragraph); wherein said barrier surround sidewall and/or said upper body shield cover includes at least one arm port hole (Hyman, Figure 2A Item 20; Page 15 2nd paragraph);
wherein said apparatus is configurable between an open configuration and a closed configuration (Hyman, Figure 2A [open position]; Figure 3 [closed position]);
wherein in the open configuration the upper body shield cover is in an open position and uncovers said barrier surround sidewall (Hyman, Figure 2A [open position]); and wherein in the closed configuration:
said upper body shield cover head region is in a closed position covering at least the head rest region of the upper body rest section and cooperating with the barrier surround sidewall in sealed contact therewith (Hyman, Figure 3 Item 8B), wherein said overhanging portion overhangs said barrier surround sidewall open end (Hyman, Figure 3 Item 4), wherein said skirt portion is sealed to said barrier surround sidewall (Hyman, Figure 3 Item 32), wherein said upper body rest section, said barrier surround wall and said upper body shield cover define an interior resting space, and wherein said skirt portion has a shape such that, when the upper body of a person is resting on said upper body rest section in said resting space, said skirt portion is in sealed contact with an upper body part of the person to thereby seal off the interior resting space from the exterior of the apparatus (Hyman, Figure 4a-b).
In regards to Claim 3: The apparatus of claim 1, further comprising a utility tray fixed or integrated with the underside of said upper body shield cover; wherein in said closed configuration, said utility tray occupies said interior resting space and is accessible via said at least one arm port hole (Hyman, Page 17 first paragraph; Figure 4 Item 36).
In regards to Claim 18: The apparatus of claim 1, further comprising at least one air filtration port extending through said upper body shield cover between an interior side and exterior side of said upper body shield cover (Hyman, Page 26 Lines 13-15; Figure 14 Item 60).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 2015/0238264 hereinafter Kerns.
In regards to Claim 2: Hyman teaches all of claim 1, but does not teach wherein said chair is a recliner chair.
Kerns teaches wherein said chair is a recliner chair (Kerns, Figure 1A Item 102; Paragraph 37-38; Examiner interprets the chair shown in the figure to be a recliner).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the reclining chair taught in Kerns to the enclosure of Hyman, the motivation being to provide an adjustable apparatus to ensure the comfortability of the patient and surgeon.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 5,950,625 hereinafter Bongiovanni.
In regards to Claim 4: Hyman teaches all of claim 1, but does not teach wherein the upper body shield cover is attached to the barrier surround sidewall and moveable between the open and closed positions.
Bongiovanni teaches wherein the upper body shield cover is attached to the barrier surround sidewall and moveable between the open and closed positions (Bongiovanni, Figure 1 [opened] vs Figure 2 vs Figure 3 [closed]; upper body 14 is connected to the base 12 at 22).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the upper body being attached to the side wall as taught in Bongiovanni to the enclosure taught in Hyman, the motivation being to ensure all parts of the device are in the same location when stored for easier deployment.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of CA 2172929 hereinafter Kano.
In regards to Claim 5: Hyman teaches all of claims 1 & 3, but does not teach wherein said skirt portion has a free outer edge, wherein at least part of said free outer edge has or is configurable to have a profile corresponding to the profile of the upper body of the person and wherein in the closed configuration,, when the upper body of a person is resting on said upper body rest section in said interior resting space, the free outer edge is overlapping and in contact with the person and forms a seal therewith.
Kano teaches wherein said skirt portion has a free outer edge, wherein at least part of said free outer edge has or is configurable to have a profile corresponding to the profile of the upper body of the person and wherein in the closed configuration, when the upper body of a person is resting on said upper body rest section in said interior resting space, the free outer edge is overlapping and in contact with the person and forms a seal therewith (Kano, Page 8 Line 14; Figures 3 & 4 Item 18).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the skirt’s free edge conforming to the upper body of the user as taught in Kano to the enclosure taught in Hyman, the motivation being to fully enclose the internal space while accommodating body movements (Kano, Page 10 Lines 1-9).
In regards to Claim 6: A modified Hyman teaches all of claims 1, 3, 5, and wherein said skirt portion comprises a flexible sheet material (Hyman, Page 15 Second Paragraph).
In regards to Claim 7: A modified Hyman teaches all of claims 1, 3, 5, 6, and wherein said free outer edge includes material that is thicker and/or heavier than the material of the rest of the flexible sheet (Hyman, Figure 2A Item 34).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 2004/0255937 hereinafter Hyman in view of CA 2172929 hereinafter Kano in view of US 2004/0255937 hereinafter Sun.
In regards to Claim 8: A modified Hyman teaches all of claims 1, 3, 5, 6, but does not teach wherein said skirt portion has opposing sides and a central region therebetween, wherein said skirt portion has a rear edge, wherein said rear edge comprises opposing side regions and a central region between said rear edge opposing side regions, and wherein each of said skirt portion rear edge opposing side regions is releasably attachable to respective opposing sides of said barrier surround sidewall open end.
Sun teaches wherein said skirt portion has opposing sides and a central region therebetween, wherein said skirt portion has a rear edge, wherein said rear edge comprises opposing side regions and a central region between said rear edge opposing side regions, and wherein each of said skirt portion rear edge opposing side regions is releasably attachable to respective opposing sides of said barrier surround sidewall open end (Sun, Paragraph 22; Examiner points out that the drape 4 is fastened to the hood 1 at 41 and interprets fastened to include a method of detachment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the detachable curtain taught in Sun to the device of a modified Hyman, the motivation being to provide a way to dispose and replace the part of the device coming int direct contact with the patient.
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 2004/0255937 hereinafter Sun in further view of US 4,378,108 hereinafter Bailey Jr.
In regards to Claim 9: A modified Hyman teaches all of claim 8, but does not teach wherein said overhanging portion includes a projection portion extending from said upper body shield cover head region; said projection portion projecting over said open end of said barrier surround sidewall; and wherein said skirt portion is sealed or sealable with said projection portion.
Bailey Jr. teaches wherein said overhanging portion includes a projection portion extending from said upper body shield cover head region; said projection portion projecting over said open end of said barrier surround sidewall; and wherein said skirt portion is sealed or sealable with said projection portion (Bailey Jr., Figure 3 Item 46, 47, & 66; Column 4 Line 14-36).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the projection portion taught in Bailey Jr. to the enclosure of a modified Hyman, the motivation being to provide an extended interior space.
In regards to Claim 10: A modified Hyman teaches all of claim 9, and wherein at least one of said skirt portion opposing sides includes a flexible armhole slit (Sun, Paragraph 22; Figure 3 Item 43; Examiner interprets air inlet openings to be large enough to fit an arm through).
In regards to Claim 11: A modified Hyman teaches all of claim 10, and wherein in the closed configuration, when the upper body of a person is resting on said upper body rest section, said skirt portion is sealed to said projection portion and said barrier surround sidewall open end, and wherein said skirt portion free front edge is in sealed contact with and overlaps the front of the torso of the person and wherein the skirt opposing sides are wrapped under and in sealed contact with respective sides of the torso allowing the arms of the person to extend out of the sealed interior space via the respective armhole slits whilst maintaining the interior resting space sealed (Sun, Paragraph 22; Figure 3 Item 43; Examiner interprets air inlet openings to be large enough to fit arms through).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 2004/0255937 hereinafter Sun in further view of US 4,378,108 hereinafter Bailey Jr in furthest view of US 3,552,391 hereinafter Deaton.
In regards to Claim 12: A modified Hyman teaches all of claim 11, but does not teach wherein a rivet system releasably attaches said skirt region rear edge central region to said projection portion and said skirt region rear edge opposing side regions to respective sides of said barrier surround sidewall open end.
Deaton teaches wherein a rivet system releasably attaches said skirt region rear edge central region to said projection portion and said skirt region rear edge opposing side regions to respective sides of said barrier surround sidewall open end (Deaton, Column 3 Lines 5-17, Figure 2 Item 28).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the rivet system of Deaton to the enclosure of a modified Hyman, the motivation being to facilitate ease of removal.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 2004/0255937 hereinafter Sun in further view of US 4,378,108 hereinafter Bailey Jr in further view of US 3,552,391 hereinafter Deaton in furthest view of US 2002/0045796 hereinafter O’Connor.
In regards to Claim 13: A modified Hyman teaches all of claim 12 and a rigid structure (Figure 1B; Examiner interprets the structure shown to be rigid), but does not teach wherein said head region together with said projection portion comprises at least partially dome shape structure.
O’Connor teaches wherein said head region together with said projection portion comprises at least partially dome shape structure (O’Connor, Figure 1; Examiner interprets the enclosure shown to be substantially dome shaped).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the dome shaped structure taught in O’Connor to the enclosure of a modified Hyman, the motivation being to provide viewing angles from all sides.
In regards to Claim 14: A modified Hyman teaches all of claim 13, and wherein said upper body shield cover head region together with said projection portion is substantially transparent (Hyman, Page 16 Line 17-19).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman.
In regards to Claim 15: Hyman teaches wherein the barrier surround sidewall comprises an open-ended rigid frame and the flexible sheet material releaseably attached thereto by a rivet system (Hyman, Figure 2A Item 8; Examiner interprets the base frame 8 to be made of flexible material).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the base frame being flexible to the base frame of Hyman, the motivation being to have enough flexibility to ensure the proper seal between each component (Hyman, Page 15 2nd Paragraph).
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 2015/0238264 hereinafter Kerns in further view of US 3,552,391 hereinafter Deaton.
In regards to Claim 16: Hyman teaches all of claim 15, but does not teach wherein the barrier surround sidewall comprises an open-ended rigid frame and the flexible sheet material releaseably attached thereto by a rivet system.
Kerns teaches wherein the barrier surround sidewall comprises an open-ended rigid frame (Kerns, Paragraph 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the open-ended rigid frame taught by Ferns to the enclosure of Hyman, the motivation being to define the interior surgical chamber.
Deaton teaches the flexible sheet material releaseably attached thereto by a rivet system (Deaton, Figure 2 Item 28; Column 3 Line 5-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the rivet system of Deaton to the enclosure of a modified Hyman, the motivation being to facilitate ease of removal.
In regards to Claim 17: A modified Hyman teaches all of claim 17, and wherein at least one flexible arm port is incorporated in said flexible sheet material of said barrier surround sidewall (Kerns, Paragraph 50; Figure 1b. Item 118).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the flexible arm port taught in Kerns to the enclosure of a modified Hyman, the motivation being to provide a way for the surgeon to interact with the patient inside the surgical field.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 5,950,625 hereinafter Bongiovanni.
In regards to Claim 19: A modified Hyman teaches all of claim 1, but does not teach comprising an air filtration system incorporated in any one or combination of said upper body shield cover, said barrier surround sidewall and said upper rest section, said air filtration system comprising an air inlet port with an air inlet filter and an air outlet port with an outlet filter; wherein each of said air inlet port and air outlet port communicate between the interior resting space and the exterior; and wherein said inlet filter is configured to pull/push air from the exterior through said air inlet port into said interior resting space and/or wherein said outlet filter is configured to pull/push air out through said air outlet port from the interior resting space to the exterior.
Bongiovanni teaches comprising an air filtration system incorporated in any one or combination of said upper body shield cover, said barrier surround sidewall and said upper rest section, said air filtration system comprising an air inlet port with an air inlet filter (Bongiovanni, Column 6 Lines 32-55; Figure 3 Items 24 & 26) and an air outlet port with an outlet filter (Bongiovanni, Column 6 Lines 66~ Column 7 Lines 1-16; Figure 3 Items 40 & 42); wherein each of said air inlet port and air outlet port communicate between the interior resting space and the exterior; and wherein said inlet filter is configured to pull/push air from the exterior through said air inlet port into said interior resting space and/or wherein said outlet filter is configured to pull/push air out through said air outlet port from the interior resting space to the exterior.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the inlet and outlet tubes of Bongiovanni to the enclosure of Hyman, the motivation being to provide a steady stream of clean air into the enclosure.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP 121663 hereinafter Hyman in view of US 5,950,625 hereinafter Bongiovanni in further view of US 6,321,764 hereinafter Gauger.
In regards to Claim 20: A modified Hyman teaches all of claim 19, but does not teach, an adjustable strap system integrated with or attachable to the bottom of said upper body rest section, wherein said adjustable strap system is adjustable to strap and secure said upper body rest section to a back rest of said chair.
Gauger teaches an adjustable strap system integrated with or attachable to the bottom of said upper body rest section, wherein said adjustable strap system is adjustable to strap and secure said upper body rest section to a back rest of said chair (Gauger, Column 3 Lines 25-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to add the adjustable strap of Gauger to the enclosure of a modified Hyman , the motivation being to provide a help to maintain the base of the apparatus in contact with the patient so that the upper clear walls of the apparatus are spaced away from the patient and not in contact with him or her.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NOE R DIETZ whose telephone number is (571)272-1135. The examiner can normally be reached Mon-Fri 8am - 5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alexander Valvis can be reached at (571)-272-4233. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.R.D./ Patent Examiner, Art Unit 3791 /ALEX M VALVIS/Supervisory Patent Examiner, Art Unit 3791
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