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, 3-5,7-12,27-33,50-52,70,73-77 and 121-127 have been examined in this application. This communication is the first action on merits. The Information Disclosure Statement (IDS) filed on 03/28/2024 and 12/12/2025 has been acknowledged by the Office.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim(s) 11 and 28-29 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 11 recites the limitation "the controller further includes a non-transitory computer readable storage medium encoded with a computer program". There is insufficient antecedent basis for this limitation in the claim. Notably, Claim 1 was recently amended to include these exact structural features as primary elements. Consequently, Claim 11 is confusing because it introduces a second, distinct set of a "non-transitory computer readable storage medium encoded with a computer program" (which differs from the program recited in the independent claim) without clarifying how this additional medium and program relate to the controller.
Claim 28 recites the limitation "a non-transitory computer readable storage medium encoded with a computer program comprising instructions that". There is insufficient antecedent basis for this limitation in the claim. Notably, Claim 1 was recently amended to include these exact structural features as primary elements. Consequently, Claim 28 is confusing because it introduces a second, distinct set of a "non-transitory computer readable storage medium encoded enclosed with a computer program" (which differs from the program recited in the independent claim) without clarifying how this additional medium and program relate to the controller.
Claim 29 are also rejected under 35 U.S.C 112(b) or 35 U.S.C 112 (pre-AIA ), second paragraph, as being dependent upon a rejected base claim (claim 28).
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3-5, 7-12, 27-32, 50-52, 70 and 121-127 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Giacometti et al., hereinafter 'Giacometti' (WO-2022005897-A2).
In regards to Claim 1, Giacometti teaches: A mechanical chest compression system (810 - Fig. 8A) for performing cardiopulmonary resuscitation (Para 00224) comprising: a resuscitation device (812 - Fig. 8A) including: a base (816 - Fig. 8A, Para 00231); a contact portion (814 - Fig. 8A) configured to be in a superposed relation with an anterior surface of a patient (12 - Fig. 8A, noting contact chest region)) when the patient is disposed on the base (Fig. 8A, shows contact portion, i.e. belt 814, superposed in relation with an anterior surface (chest) of a patient when on the base 816), the contact portion being movable relative to the base to provide compression and decompression to the anterior surface of the patient (Para 00225-00226); and a force sensor (822 - Fig. 8A) configured to generate a force signal during compression and decompression of the anterior surface of the patient (Para 00227); and a controller operatively coupled to the resuscitation device (850 - Fig. 8C, Para 00231), the controller including: a non-transitory computer readable storage medium (854 - Fig. 8C) encoded with a computer program (Para 00261-00262); and a processor (852 - Fig. 8C, Para 00258-00260) configured to: receive the force signal generated by the force sensor (Para 00239); estimate chest compliance relationship using the force signal (Para 00256, Fig. 10); and generate instructions using the chest compliance relationship to drive the contact portion to provide compression and decompression to the anterior surface of the patient (Para 00256-00262, Fig. 10), wherein the computer program of the non-transitory computer readable storage medium comprises instructions (Para 00261-00262) that, when executed, cause the processor to perform operations comprising determining the chest compliance relationship based on force applied to the anterior surface of the patient by the contact portion detected by the force sensor (1004 - Fig. 10, Para 00256-00262), and displacement between an initial position and at least one preset position (1006/1008 - Fig. 10, Para 00256-00262).
In regards to Claim 3, Giacometti teaches: The mechanical chest compression system according to claim 1 wherein the processor is configured to determine a force to be applied to the anterior surface of the patient in order for the contact portion to reach a target position, based on the chest compliance relationship of the patient (Fig. 10, Para 00256: 'At step 1010, the determined compression depth is compared to a final target compression depth to determine whether the final target displacement depth has been achieved. As discussed previously, the final target compression depth can be a depth recommended for standard chest compressions, such as a depth of about 2.0 inches to 2.4 inches, pursuant to the 2015 AHA guidelines, or another suitable target compression depth according to a different standard. If the final target compression depth is achieved, then the processor 852 and memory 854 are configured to cause the chest compressor 812 to continue to perform chest compressions at the final target depth for a predetermined or indeterminate amount of time, at step 1012.').
In regards to Claim 4, Giacometti teaches: The mechanical chest compression system according to claim 3, wherein the processor is further configured to actuate the resuscitation device to apply the force to the anterior surface of the patient to move the contact portion to the target position (1012 - Fig. 10, Para 00256 and Para 00259).
In regards to Claim 5, Giacometti teaches: The mechanical chest compression system according to claim 4, wherein a distance between the initial position and the target position has a range between about 2.0 and 2.4 inches (Para 00256: 'As discussed previously, the final target compression depth can be a depth recommended for standard chest compressions, such as a depth of about 2.0 inches to 2.4 inches, pursuant to the 2015 AHA guidelines, or another suitable target compression depth according to a different standard. If the final target compression depth is achieved, then the processor 852 and memory 854 are configured to cause the chest compressor 812 to continue to perform chest compressions at the final target depth for a predetermined or indeterminate amount of time, at step 1012.').
In regards to Claim 7, Giacometti teaches: The mechanical chest compression system according to claim 1, wherein the resuscitation device includes at least one stop configured to inhibit axial travel of the contact portion, whereby the at least one stop is positioned to enable a preset amount of axial travel of the contact portion (1014/1016 - Fig. 10 and Para 00257).
In regards to Claim 8, Giacometti teaches: The mechanical chest compression system according to claim 7, wherein the contact portion of the resuscitation device is movable between an initial position and a preset position having a desired compression of the anterior surface of the patient (Para 00256: 'Similarly, at step 1006, displacement measurements (e.g., measurements for actual displacement of the patient’s chest) from the displacement or depth sensor 822 are obtained and processed. At step 1008, the processed displacement information is used to determine compression depth for chest compressions performed by the automated chest compressor 812. At step 1010, the determined compression depth is compared to a final target compression depth to determine whether the final target displacement depth has been achieved. As discussed previously, the final target compression depth can be a depth recommended for standard chest compressions, such as a depth of about 2.0 inches to 2.4 inches, pursuant to the 2015 AHA guidelines, or another suitable target compression depth according to a different standard. If the final target compression depth is achieved, then the processor 852 and memory 854 are configured to cause the chest compressor 812 to continue to perform chest compressions at the final target depth for a predetermined or indeterminate amount of time, at step 1012.').
In regards to Claim 9, Giacometti teaches: The mechanical chest compression system according to claim 8, wherein the processor is configured to actuate the resuscitation device to apply a force to the anterior surface of the patient to cause axial travel of the contact portion to the preset position (Para 00256-00257: 'As discussed previously, the final target compression depth can be a depth recommended for standard chest compressions, such as a depth of about 2.0 inches to 2.4 inches, pursuant to the 2015 AHA guidelines, or another suitable target compression depth according to a different standard. If the final target compression depth is achieved, then the processor 852 and memory 854 are configured to cause the chest compressor 812 to continue to perform chest compressions at the final target depth for a predetermined or indeterminate amount of time, at step 1012. Conversely, if the final target compression depth is not yet achieved, at step 1014, the processor 852 and memory 854 are configured to compare the measured force and/or a change in the measured force (e.g., the force gradient) for preceding chest compressions to a respective maximum threshold force and/or force gradient. The maximum threshold force and/or force gradient can be a maximum amount of force or maximum gradient that can be safely applied to the patient’s chest 14 without causing injury to the patient 12. If the measured force and/or force gradient exceeds the maximum threshold force, force gradient, or combination thereof, the processor 852 and memory 854 are configured to decrease the magnitude of scheduled compression depths to patient-specific depths for the remaining compressions of the initial compression protocol 902a, 902b, 902c, 902d. For example, the processor 852 and memory 854 may decrease a rate (e.g., slope of the line representing the initial compression protocol) at which the target depth gradually increases for remaining compressions of the initial compression protocol 902a, 902b, 902c, 902d, as shown at step 1016.').
In regards to Claim 10, Giacometti teaches: The mechanical chest compression system according to claim 1, wherein the resuscitation device includes a plurality of stops configured to inhibit axial travel of the contact portion (1014 and 1018 - Fig. 10), whereby each stop is positioned to enable a preset amount of axial travel of the contact portion, wherein the contact portion is movable between an initial position and a plurality of preset positions corresponding to a desired compression of the anterior surface of the patient (1016 relating to 1014, and 1020/1022 relating to 1018 - Fig. 10).
In regards to Claim 11, Giacometti teaches: The mechanical chest compression system according to claim 10, wherein the controller further includes a non-transitory computer readable storage medium (854 - Fig. 8C) encoded with a computer program (Para 00261-00262) comprising instructions (Para 00261-00262) that, when executed, cause the processor to perform operations comprising: selecting a stop of the plurality of stops to effect a desired compression of the anterior surface of the patient (Para 00256-00258), the stop corresponding to one preset position of the plurality of preset positions of the contact portion (based on 'final target compression depth' - Para 00256-00258); and actuating the resuscitation device to apply a force to the anterior surface of the patient to cause axial travel of the contact portion to the one preset position (Para 00256-00258, force is applied to cause axial travel of the contact portion to the one preset position which can be more or less depth as needed).
In regards to Claim 12, Giacometti teaches: The mechanical chest compression system according to claim 1, wherein the resuscitation device further includes an actuation arm having the contact portion and the actuation arm is removably attached to the patient by a patient attachment interface (Para 00240: 'In some examples, the system 810 further comprises an adhesive pad 872 releasably adhered to the skin of the patient 12 for insulating the chest 14 from the compression forces of the piston 862 and, particularly, for distributing the forces over a greater area of the chest 14. The adhesive pad 872 can comprise a liner and an adhesive face. The liner can be configured to be removed or peeled away from the adhesive face by the acute care provider (not shown in FIGS. 8A and 8B) in order to attach the adhesive pad 872 to the chest 14 of the patient 12. [00241] During operation of the compressor 812, the compression pad 816 contacts the adhesive pad 872 during performance of the chest compressions. Following completion of the chest compression, the acute care provider 10 may remove the adhesive pad 872, for example, by applying a solvent to the adhesive pad 872 and/or peeling the adhesive pad 872 away from the patient’s chest 14.').
In regards to Claim 27, Giacometti teaches: The mechanical chest compression system according to claim 1, wherein the resuscitation device further includes a displacement sensor (820 - Fig. 8C, Para 00236).
In regards to Claim 28, Giacometti teaches: The mechanical chest compression system according to claim 27 wherein the controller further includes a non-transitory computer readable storage medium (854 - Fig. 8C) encoded with a computer program (Para 00261-00262) comprising instructions (Para 00261-00262) that, when executed, cause the processor to perform operations comprising determining the chest compliance relationship based on force applied to the anterior surface of the patient by the contact portion detected by the force sensor (Para 00243: 'As discussed previously, the force measurements are mathematically related (e.g., proportional) to the chest compliance of the patient 12'), and displacement measured by the displacement sensor (Para 00240-00243).
In regards to Claim 29, Giacometti teaches: The mechanical chest compression system according to claim 28, wherein the displacement sensor includes an accelerometer (Para 00226: 'In other examples, the displacement sensor 820 can be a motion sensor (e.g., a velocity sensor or accelerometer) positioned on the patient’s chest 14 for sensing movement of the chest 14 to estimate displacement of the chest during compressions.').
In regards to Claim 30, Giacometti teaches: A system (810 - Fig. 8B) for performing cardiopulmonary resuscitation (Para 00224) comprising: a resuscitation device (812 - Fig. 8B) comprising: a base (860 - Fig. 8B, Para 00236-00237); a frame (866 - Fig. 8B) including arms that are supported by the base (868- Fig. 8B); an actuator coupled to the frame (818- Fig. 8B, Para 00225); an actuation arm supported by the arms of the frame (862 - Fig. 8B, Para 00225) such that the actuation arm is in a superposed relation with an anterior surface of a patient (12 - Fig. 8B) when the patient is disposed on the base of the frame (Fig. 8B, shows the actuator arm in a superposed relation, vertically placed, with an anterior surface (chest) of a patient when on the base 860), the actuation arm configured to provide compression and decompression to the anterior surface of the patient (Para 00225), the actuation arm including a first portion configured to be affixed to the anterior surface of the patient (872 - Fig. 8B) and a second portion operatively coupled to the actuator to impart axial travel to the first portion of the actuation arm (864 - Fig. 8B, Para 00238), wherein the actuation arm is movable between an initial position (starting position of piston - Para 00238-00239), a preset position, or a target position (downstroke, driving piston to chest - Para 00238-00239) having a desired axial travel of the first portion of the actuation arm (Fig. 10 - 1008); and a force sensor coupled to the actuation arm (8222 - Fig. 8B/8C, Para 00227); and a controller operatively coupled to the resuscitation device (850 - Fig. 8C, Para 00231), the controller including a processor(852 - Fig. 8C, Para 00258-00260) and a non-transitory computer readable storage medium encoded (854 - Fig. 8C) with a computer program (Para 00261-00262) comprising instructions that, when executed, cause the processor to perform operations comprising: determining a chest compliance relationship based on force applied to the anterior surface of the patient by the first portion of the actuation arm measured by the force sensor (1004 - Fig. 10, Para 00256-00262), and displacement between the initial position and the preset position (1006/1008 - Fig. 10, Para 00256-00262); based on the chest compliance relationship of the patient, determining a force to be applied to the anterior surface of the patient in order for the actuation arm to reach the target position (Fig. 10, Para 00256: 'At step 1010, the determined compression depth is compared to a final target compression depth to determine whether the final target displacement depth has been achieved. As discussed previously, the final target compression depth can be a depth recommended for standard chest compressions, such as a depth of about 2.0 inches to 2.4 inches, pursuant to the 2015 AHA guidelines, or another suitable target compression depth according to a different standard. If the final target compression depth is achieved, then the processor 852 and memory 854 are configured to cause the chest compressor 812 to continue to perform chest compressions at the final target depth for a predetermined or indeterminate amount of time, at step 1012.'); and actuating the resuscitation device to apply the force to the anterior surface of the patient to move the actuation arm to the target position (1012 - Fig. 10, Para 00256 and Para 00259).
In regards to Claim 31, Giacometti teaches: The system according to claim 30, wherein the force sensor is disposed in the first portion of the actuation arm (Fig. 8B and Para 00227).
In regards to Claim 32, Giacometti teaches: The system according to claim 30, wherein the force sensor is disposed adjacent the second portion of the actuation arm (Fig. 8B and Para 00227).
In regards to Claim 50, Giacometti teaches: A system (810 – Fig. 8B) for performing cardiopulmonary resuscitation (Para 00224) comprising: a resuscitation device (812 – Fig. 8B) including: an actuation arm (862 – Fig. 8B, Para 00225) having a first portion configured to be affixed to an anterior surface of a patient (adhesive pad 872 – Fig. 8B, Para 00240) and movable to apply compression and decompression to the patient (Para 00225), wherein the first portion is movable during compression and decompression between an initial position (starting position of piston – Para 00238-00239), a preset position (1006/1008 – Fig. 10, Para 00256), or a target position (1010/1012 – Fig. 10, Para 00256); at least one stop configured to inhibit axial travel of the actuation arm (1014/1016 – Fig. 10, Para 00257), whereby the at least one stop is positioned to enable a preset amount of axial travel of the actuation arm between the initial position and the preset position (Para 00257); sensor coupled to the actuation arm (822 – Fig. 8B/8C, Para 00227); and a controller operatively coupled to the resuscitation device (850 – Fig. 8C, Para 00231), the controller including a processor (852 – Fig. 8C, Para 00258-00260) and a non-transitory computer readable storage medium (854 – Fig. 8C) encoded with a computer program (Para 00261-00262) comprising instructions that, when executed, cause the processor to perform operations comprising: determining a chest compliance relationship involving force applied to the anterior surface of the patient by the first portion of the actuation arm (1004 – Fig. 10, Para 00256-00262), and displacement between the initial position and the preset position (1006/1008 – Fig. 10, Para 00256-00262); based on the chest compliance relationship, determining a force to be applied to the anterior surface of the patient in order for the first portion of the actuation arm to reach the target position (1010 – Fig. 10, Para 00256); and actuating the resuscitation device to apply the force to the anterior surface of the patient to move the first portion of the actuation arm to the target position (1012 – Fig. 10, Para 00256 and Para 00259).
In regards to Claim 51, Giacometti teaches: The system according to claim 50, wherein the force sensor is disposed adjacent the first or second portion of the actuation arm (Fig. 8B and Para 00227).
In regards to Claim 52, Giacometti teaches: The system according to claim 50, wherein the preset position is interposed between the initial position and the target position (1006/1008 and 1010 – Fig. 10, Para 00256, showing the preset compression depth determined prior to reaching the final target compression depth).
In regards to Claim 70, Giacometti teaches: A system (810 – Fig. 8B) for performing cardiopulmonary resuscitation (Para 00224) comprising: a resuscitation device (812 – Fig. 8B) comprising: an actuator (818 – Fig. 8B, Para 00225); an actuation arm (862 – Fig. 8B, Para 00225) positionable in a superposed relation with an anterior surface of a patient (12 – Fig. 8B), the actuation arm configured to provide compression and decompression to the anterior surface of the patient (Para 00225), the actuation arm including a first portion configured to be affixed to the anterior surface of the patient (872 – Fig. 8B, Para 00240) and a second portion operatively coupled to the actuator to impart axial travel to the first portion of the actuation arm (864 – Fig. 8B, Para 00238); and at least one stop configured to inhibit axial travel of the actuation arm (1014/1016 – Fig. 10, Para 00257), whereby the at least one stop is positioned to enable a preset amount of axial travel of the actuation arm, wherein the actuation arm is movable between an initial position (starting position of piston – Para 00238-00239) and a preset position having a desired compression of the anterior surface of the patient (1006/1008 – Fig. 10, Para 00256); and a controller operatively coupled to the resuscitation device (850 – Fig. 8C, Para 00231), the controller including a processor (852 – Fig. 8C, Para 00258-00260) and a non-transitory computer readable storage medium (854 – Fig. 8C) encoded with a computer program (Para 00261-00262) comprising instructions that, when executed, cause the processor to actuate the resuscitation device to apply a force to the anterior surface of the patient to cause axial travel of the actuation arm to the preset position (1012 – Fig. 10, Para 00256-00259).
In regards to Claim 121, Giacometti teaches: A system (810 – Fig. 8B) for performing cardiopulmonary resuscitation (Para 00224) comprising: a resuscitation device (812 – Fig. 8B) including: an actuation arm (862 – Fig. 8B, Para 00225) having a first portion configured to be affixed to an anterior surface of a patient (872 – Fig. 8B, Para 00240) and movable to apply compression and decompression to the patient (Para 00225), wherein the first portion is movable during compression from an initial position (starting position – Para 00238-00239) to a first target position (1012 – Fig. 10, Para 00256) and decompression from the first target position to a second target position (return stroke of the piston during decompression – Para 00225, Para 00238-00239); at least one stop configured to inhibit axial travel of the actuation arm (1014/1016 – Fig. 10, Para 00257), whereby the at least one stop is positioned to enable a preset amount of axial travel of the first portion of the actuation arm between the initial position and a preset position (1006/1008 – Fig. 10); and a force sensor operatively coupled to the actuation arm (822 – Fig. 8B/8C, Para 00227); and a controller operatively coupled to the resuscitation device (850 – Fig. 8C, Para 00231), the controller including a processor (852 – Fig. 8C) and a non-transitory computer readable storage medium (854 – Fig. 8C) encoded with a computer program (Para 00261-00262) comprising instructions that, when executed, cause the processor to perform operations comprising: determining a chest compliance relationship involving force applied to the anterior surface of the patient by the first portion of the actuation arm, and displacement between the initial position and the preset position (1004-1008 – Fig. 10, Para 00256-00262); based on the chest compliance relationship, determining a compression force to be applied to the anterior surface of the patient in order for the first portion of the actuation arm to reach the first target position (1010-1012 – Fig. 10, Para 00256); based on the chest compliance relationship, determining a decompression force to be applied to the anterior surface of the patient in order for the first portion of the actuation arm to retract to the second target position (Para 00225, Para 00256-00259, controlling both compression and decompression based on the determined patient-specific compliance relationship); actuating the resuscitation device to apply the compression force to the anterior surface of the patient to cause axial displacement of the first portion of the actuation arm to the first target position to perform compression (1012 – Fig. 10); and actuating the resuscitation device to apply the decompression force to the anterior surface of the patient to cause axial displacement of the first portion of the actuation arm to the second target position to perform decompression (Para 00225 and Para 00259).
In regards to Claim 122, Giacometti teaches: The system according to claim 121, wherein the decompression force is a negative force (Para 00225 and Para 00259, wherein the actuator actively retracts the actuation arm to perform decompression by applying force in the opposite direction relative to compression).
In regards to Claim 123, Giacometti teaches: The system according to claim 121, wherein the second target position is different from the initial position (Para 00225 and Fig. 10, wherein decompression returns the actuation arm to a controlled position determined by the controller, distinct from the initial compression position).
In regards to Claim 124, Giacometti teaches: The system according to claim 121, wherein the second target position is distal of the initial position (Para 00225 and Para 00238-00239, wherein the actuation arm is actively retracted away from the patient’s chest during decompression).
In regards to Claim 125, Giacometti teaches: The system according to claim 121, wherein the operations of the processor further comprise determining a second chest compliance relationship involving a negative force applied to the anterior surface of the patient by the first portion of the actuation arm, and displacement between the initial position and a second preset position (Para 00256-00259, wherein force and displacement measurements are continuously monitored during the compression cycle, including the decompression portion of the cycle, to characterize patient-specific chest compliance).
In regards to Claim 126, Giacometti teaches: The system according to claim 125, wherein the second preset position is distal of the initial position (Para 00225 and Para 00238-00239, showing the decompression movement of the actuation arm away from the chest beyond the initial position as controlled by the actuator).
In regards to Claim 127, Giacometti teaches: The system according to claim 126, wherein the second preset position is proximal of the second target position (Para 00256-00259, wherein the controller controls intermediate displacement positions during decompression prior to reaching the final decompression target position).
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 33 and 73 are rejected under 35 U.S.C. 103 as being unpatentable over 'Giacometti' (WO-2022005897-A2) in view of Joshi et al., hereinafter 'Joshi' (US 20190008720 A1).
In regards to Claim 33, Giacometti teaches: The system according to claim 30, but Giacometti does not explicitly teach, wherein the resuscitation device further includes an outer sleeve configured to slidably receive the actuation arm therein.
Joshi teaches: wherein the resuscitation device further includes an outer sleeve configured to slidably receive the actuation arm therein (640d - Fig. 6, 'bellows' sleeving the actuation arm).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the resuscitation device of Giacometti to incorporate Joshi’s outer sleeve (bellows) configured to slidably receive the actuation arm. Joshi expressly teaches providing a bellows surrounding the moving actuation arm to accommodate reciprocal movement while shielding the actuator from contaminants and preventing exposure of the moving components. One of ordinary skill in the art would have recognized that incorporating such a protective outer sleeve into Giacometti’s linear actuator-based chest compression device would have predictably protected the actuation mechanism from dirt, fluids, and debris encountered during repeated CPR use while maintaining unrestricted linear movement of the actuation arm. The modification merely applies a known protective covering to a known reciprocating actuator to improve durability and reliability without altering the intended operation of Giacometti’s compression system.
In regards to Claim 73, Giacometti teaches: The system according to claim 70, but Giacometti does not explicitly teach, wherein the resuscitation device further includes an outer sleeve configured to slidably receive the actuation arm therein.
Joshi teaches: wherein the resuscitation device further includes an outer sleeve configured to slidably receive the actuation arm therein (640d - Fig. 6, 'bellows' sleeving the actuation arm).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the resuscitation device of Giacometti to incorporate Joshi’s outer sleeve (bellows) configured to slidably receive the actuation arm. Joshi expressly teaches providing a bellows surrounding the moving actuation arm to accommodate reciprocal movement while shielding the actuator from contaminants and preventing exposure of the moving components. One of ordinary skill in the art would have recognized that incorporating such a protective outer sleeve into Giacometti’s linear actuator-based chest compression device would have predictably protected the actuation mechanism from dirt, fluids, and debris encountered during repeated CPR use while maintaining unrestricted linear movement of the actuation arm. The modification merely applies a known protective covering to a known reciprocating actuator to improve durability and reliability without altering the intended operation of Giacometti’s compression system.
Allowable Subject Matter
Claims 34-38 and 74-77 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
In regards to Claim 34, the prior art of Giacometti in view of Joshi teaches a resuscitation device including an outer sleeve configured to slidably receive an actuation arm. However, neither Giacometti nor Joshi teaches or suggests that the outer sleeve includes a stop configured to inhibit axial displacement of the actuation arm therein. While Joshi discloses a bellows surrounding the actuation arm to protect the moving components, the bellows merely expands and contracts during operation and does not include a structural stop that limits axial travel of the actuation arm relative to the sleeve. The cited references therefore fail to teach or suggest the claimed stop feature, or provide any motivation to modify the disclosed sleeve to include such a travel-limiting structure. Accordingly, Claim 34 is considered allowable.
In regards to Claim 74, the prior art of Giacometti fails to teach or suggest an outer sleeve including at least one stop configured to inhibit axial displacement of the actuation arm therein. Although Giacometti discloses a linear actuator for driving chest compressions, it does not disclose an outer sleeve having an integrated stop that limits axial movement of the actuation arm. Furthermore, the prior art of record does not teach or suggest providing such a stop within the sleeve, as known bellows or protective sleeves merely enclose the actuator while permitting unrestricted reciprocating movement. The Examiner has not identified, and is unaware of, any teaching or suggestion in the prior art that would have rendered this particular travel-limiting sleeve configuration obvious. Accordingly, Claim 74 is considered allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Freeman (US-20180110667-A1) teaches: A patient support structure for assisting cardiopulmonary resuscitation (CPR) treatment of a patient is described. The patient support structure includes a base frame, one or more patient support sections supported by the base frame, at least one tilt adjuster coupled to at least one of the patient support sections and configured to tilt the at least one of the patient support sections, around a transverse axis of the patient support structure, to a tilt angle, and a chest compression (CC) device mount disposed on at least one of the patient support sections and configured to adjustably secure a CC device to the patient support structure. The tilt angle may be a target tilt angle and the patient support structure may further include a processor configured to determine the target tilt angle based on at least one of sensor input and user input.
Tan (US-20180256446-A1) teaches: A system for assisting a rescuer in providing resuscitative treatment to a victim is described. An example of the system includes a processor configured to detect compression waveform features characteristic of manual chest compressions, automated chest compressions, and mechanically assisted active compression-decompression (ACD) chest compressions, an output device communicatively coupled to the processor, and a motion sensor, communicatively coupled to the processor and configured to generate signals indicative of motion of the victim's chest during chest compressions. The processor is further configured to receive the signals indicative of the motion of the chest, generate a compression waveform based on these signals, identify the compression waveform as one of a manual, an automated, and a mechanically assisted ACD chest compression waveform based on compression waveform features in the compression waveform, and control the output device to selectively provide chest compression feedback to the rescuer based on the identified compression waveform.
Tan (US-20180261128-A1) teaches: A system for assisting a rescuer in providing resuscitative treatment to a victim is described. The system includes a motion sensor configured to generate motion sensor signals that are indicative of motion of the chest of the victim during chest compressions, an input device configured to receive user input indicative of a type of chest compressions, an output device, and a processor, a memory, and associated circuitry, the processor communicatively coupled to the motion sensor, the input device, and the output device and is configured to receive the motion sensor signals and the user input indicative of the type of chest compressions, determine chest compression feedback for the rescuer based on the motion sensor signals, and control the output device to selectively provide the chest compression feedback for the rescuer based at least in part on the type of chest compressions indicated by the user input.
Freeman (US-11052019-B2) teaches: Systems and methods related to the field of cardiac resuscitation, and in particular to devices for assisting rescuers in performing cardio-pulmonary resuscitation (CPR) are described herein. The system includes an applicator device configured to provide ACD CPR treatment to a patient's chest according to a plurality of phases at least one sensor configured to be coupled to the patient's chest and to measure at least one parameter related to the ACD CPR treatment and information for determining whether at least one transition point of the ACD CPR treatment has been reached; and one or more processors configured to provide a feedback signal based on a parameter for administering ACD CPR treatment to the patient's chest according to a desired treatment protocol.
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MADISON MATTHEWS
Primary Examiner
Art Unit 3673
/MADISON MATTHEWS/Primary Examiner, Art Unit 3673
06/26/2026
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