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 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.
Claims 9,10,17, and 20 are 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.
Regarding claim 9 , line 1 , “the plane of the top cap” lacks antecedent basis.
Regarding claim 10 , line 2 , “the size of the cutout” lacks antecedent basis.
Regarding claim 17 , line 3 , “the central raised area of the accessory” lacks antecedent basis.
Regarding claim 20 , line 2-3 , “the size of the cutout” lacks antecedent basis.
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) 1,2,4,5,7,8,11,15-18 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robinson et al.( CA 2709770) hereinafter Robinson et al.
Robinson et al. teaches a reusable pain relieving treatment device, such as a belt, that comprises one or more conductive members that extend from an inner surface of the device and are capable of transferring heat, cold or vibrations from disposable or reusable packs.
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Regarding claims 1 , 16, and 17, Robinson et al. teaches a compression belt comprising a cutout, and having a top side, bottom side, left side, right side, back side, and front side; a rigid frame affixed to the compression belt and surrounding the cutout; a connector affixed to the right side of the belt; and
a connector affixed to the left side of the belt. Note annotated figure 1 above and figs. 2-9 and corresponding description in the specification pages 6-7. “Rotating thermally conductive members 16 that are held in position with a supporting element 18. The supporting element can be made of plastic, metal or rubber and generally consists of a concentric ring that is designed to hold a circular object (such as a metal ball), without allowing it to fall out of the support.”, and “ the protrusions move against the skin of the user creating a massaging sensation as the user moves. The pins or rivets may be in the form of a variety of shapes. They may be oval or round, conical, concave, convex, bumped or may comprise an array of
smaller shapes.”, and “the belt may be fastened through a snap, buckle, button or Velcro means.” Page 12, lines 1-5.
Regarding claim 2, Robinson et al. teaches wherein the compression belt is stretchable. Note annotated figure 1 above and corresponding description in the specification pages 6-7 and page 17, lines 7-13 teach the belt may be elastic.
Regarding claim 4, Robinson et al. teaches an accessory having a top side, a bottom side, and a top cap affixed to the top side; wherein the top side and bottom side of the accessory are larger than the cutout; wherein the top cap extends from the top side of the accessory; wherein the top cap is congruent to the cutout; and wherein, when the accessory is inserted in the compression belt, the top cap extends upwardly from the bottom side of the belt, through the cutout, out through the top side of the compression belt. Note annotated figure 1 above, note also fig. 5 and corresponding description in the specification pages 6-8.
Regarding claims 5 and 18, Robinson et al. teaches wherein the accessory is a heating pad. Note annotated figure 1 above, note also fig. 5 and corresponding description in the specification pages 6-8.
Regarding claim 7, Robinson et al. teaches wherein the bottom side of the heating pad comprises a pocket. Note annotated figure 1 above, note also fig. 5 and corresponding description in the specification pages 6-8. Figure 5 shows a thermal treatment belt 10 comprising multiple thermal packs 12 and thermally conductive members 16. Thermal packs 12 are held in pockets that define cavities 14.
Regarding claim 8, Robinson et al. teaches wherein the accessory is a cooling pad. Note annotated figure 1 above, note also fig. 5 and corresponding description in the specification pages 6-8. Figure 9 is a side view of a thermal treatment belt having multiple thermal packs and thermally conductive members, where the thermal packs alternate between cooling packs and heating packs.
Regarding claim 11, Robinson et al. teaches wherein the connector on the right side and the connector on the left side comprises a hook and loop fastener. “the belt may be fastened through a snap, buckle, button or Velcro means.” Page 12, lines 1-5.
Regarding claims 15 and 21, Robinson et al. teaches further comprising a massage ball. Page 5, Figures 1, 2, 3, and 4. Rotating members with round edges are able to move independently and provide enhanced massage while simultaneously transferring thermal energy to the individual's body.
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) 3,6,9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al.( CA 2709770) hereinafter Robinson et al.
Regarding claims 3 and 9, Robinson et al. teaches a cutout and a plastic frame support to hold a thermal transfer element in place but does not specifically teach where the wherein the cutout and rigid frame are in the shape of a rounded quadrilateral.
It is noted that applicant’s specification does not provide particular criticality to the specific shape of the cutout and frame and changes in shape are an obvious matter of design choice.
In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant.). Furthermore, it is noted that there are a limited number of choices available to a person of ordinary skill in the art for establishing the shape of a cutout and frame to hold a thermal transfer device in place and against a user’s body. Therefore, it would have been obvious to one of ordinary skill in the art to try using in the belt the shape of a rounded quadrilateral for the cutout and frame to hold the thermal transfer element in place , with a reasonable expectation of successfully providing heating/cooling, and massage. See KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Regarding claims 6, Robinson et al. teaches on page 13 the thermal packs are electrically heated or electrically cooled packs, having a rechargeable battery and a thermal element, such as a resistive heater, or a thermoelectric based cooling and heating element such as Peltier element. Pages 15-16, the thermal packs or retainers are self-contained electrically cooled packs, including a power supply, such as primary battery or rechargeable battery, a control means, such as on/off switch, and a cooling element, such as Peltier cooling element. Page 14, teaches the temperature for the delivery of heat can range from 35C to 55C.
Robinson et al. does not specifically teach wherein the heating pad includes at least two electronically controlled heat settings.
It is noted that there are a limited number of choices available to a person of ordinary skill in the art for controlling the specific temperatures of heating or cooling of the heating and cooling mechanisms in the belt. Therefore, it would have been obvious to one of ordinary skill in the art to try using the control means to select at least two electronically controlled heat settings ( or cooling settings), with a reasonable expectation of successfully providing heating/cooling, and massage. See KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007).
Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al.( CA 2709770) hereinafter Robinson et al. in view of Yewer et al.( US 4782535) hereinafter Yewer et al.
Robinson et al. teaches the claimed invention as set forth above including a belt made of fabric.
Robinson et al. does not specifically teach where the compression belt comprises;
a foam core; a top fabric and a bottom fabric surrounding and affixed to the foam core; and
wherein the rigid frame is located and affixed between the top fabric and bottom fabric or wherein the foam core, the top fabric, the bottom fabric, rigid frame, the right side connector, and the left side connector are affixed with a heat-pressed boding adhesive.
Yewer et al. teaches a belt which may be used for support, comfort and/or decoration, and has particular application in weight lifting, kidney support or other protection and which is of a construction utilizing a plurality of layers, one of which is of an elastically yieldingly compressible and shape-restoring material. Paragraph (11) Still another object of the invention is the provision of a belt which may be prescribed by medical practitioners for support during convalescence or rehabilitation from surgery or injury. Paragraph (13), “a belt or binder is proposed which is characterized by a sandwich-type construction including three layers. An intermediate or central layer takes the form of a yieldably firm elastomer, such as a closed-cell foam, which functions to provide contracted-shape memory, allowing the belt to deform to accommodate various applications. Inner and outer layers take the form of durable, wear-resistance fabrics which are preferably stretchable to prevent creasing and also to conform to irregular surface patterns of the body-conforming, memory-forming intermediate layer.” and (14) The three layers are preferably surface-bonded or "Flame" combined to one another using any of a variety of conventional adhesives or by the use of heat.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Robinson et al. a belt constructed of a foam core; a top fabric and a bottom fabric surrounding and affixed to the foam core; and wherein the rigid frame is located and affixed between the top fabric and bottom fabric or wherein the foam core, the top fabric, the bottom fabric, rigid frame, the right side connector, and the left side connector are affixed with a heat-pressed boding adhesive as taught by Yewer et al. to provide support for medical purposes.
Claim(s) 14 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Robinson et al.( CA 2709770) hereinafter Robinson et al. in view of Reinke et al.( US D879309) hereinafter Reinke et al.
Robinson et al. Robinson et al. teaches the claimed invention as set forth above including an elastic belt but does not specifically teach the belt further comprising a belt extender.
Reinke et al. teaches in figures 1 -4 a maternity belt including a belt extender.
Therefore, It would have been obvious to one of ordinary skill in the art at the time of the invention to include in the device of Robinson et al. a belt extend as shown in Reinke et al. to allow for improved adjustments for different sized users.
Allowable Subject Matter
Claims 22-29 allowed.
Claims 10 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, 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 of reasons for allowance:
The closest prior art of record teaches a compression belt with cutouts for applying heating, cooling, vibration and/or massage therapy.
The prior art of record does not specifically teach alone or in combination the device/kit of the independent claims where the compression belt includes a temporary tattoo injection shot target where the shot target is smaller than the size of the cutout or the method including the steps of applying a fertility treatment compression belt so a cutout of the belt is aligned with an injection site of a user, inserting a cooling pad into the cutout, to numb the site, removing the colling pad, injecting a medication through the cutout, and inserting a heating pad into the cutout to soothe the injection site.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Robinson et al.( US 20090222072) teaches a reusable pain relieving treatment device, such as a belt, and a disposable thermal device having one or more thermally conductive components that extend from a surface of the device and are capable of transferring heat, cold or vibrations from disposable or reusable devices to targeted sections of the user's body.
WANG(CN 110251780) teaches a diabetes therapeutic auxiliary device for endocrine, comprising one side of the cloth, the cloth is installed with massage ball, one side of the massage ball is provided with electric heating blanket, the outer surface of the cloth is provided with injection holes, the outer side of one end of the cloth is equipped with a controller, the outer side of the controller is provided with a charging hole, one end of the cloth is provided with a first connecting belt. Through the series of structure design enables the device adjusted to tightness of more suitable for patient so as to conveniently and quickly the patient device worn on the patient, and can be suitable for different body types, and the patient then injecting insulin after massage so that the patient can more effectively absorb insulin, it can effectively prevent the subcutaneous induration caused by subcutaneous injection for a long time under the effect of hot compress.
ZENG et al.( CN 222752429) teaches a shaping waistband, belonging to the technical field of waistband, comprising a controller and a waistband main body; the waist belt main body is provided with a fixing structure for fixing the waist of human body; the waistband main body comprises an outer contact piece, an electric probe, a waistband surface, an inner contact piece, an outer support piece, a circuit and lamp plate, an outer fixing piece, an inner support piece, an inner fixing piece, a heating coil, an electrode piece and a transparent cover plate; the waistband surface is provided with a groove; the inner supporting piece is provided with a through hole for the heating coil, the electrode sheet and the lamp bead unit to pass through; one side of the circuit and the lamp plate is connected with the inner contact sheet, and the other side is provided with a lamp bead unit; The utility model combines phototherapy, EMS micro-current stimulation and thermal therapy, the user can obtain three plastic effects only by buying one product. and the electrode sheet is used as the good conductor of heat and electricity, which can transmit the energy to the abdomen of human body well, the energy loss is smaller, and the plastic effect is better.
FU et al(CN 214387800) teaches an abdominal belt for recovery after caesarean operation of obstetrical nursing, comprising a main body; the left end of the main body fixedly connected with with a left bandage; the inner side fixedly connected with the left bandage is provided with a magic female patch; the middle part of the main body fixedly connected with medicine bag; the inner part of the medicine bag is provided with a medicine storage bag; the outer wall of the medicine bag is provided with a through hole; the inner part of the main body fixedly connected with a left side heating pad.
ZHU(CN 211985875) teaches The utility model through the belt surface is provided with multiple groups of silica gel ball to massage the waist part of the patient; it can effectively increase the comfort of the patient; the porous structure of the surface of the belt can ventilate; by setting the elastic rope and two groups of magic tapes to realize the connection of the strap and the bellyband, at the same time, because of the elastic action of the elastic rope and can randomly adjust the adhesive position of the connecting belt and the fixing belt, which is good for the comfortable use of the patient with different waistline. 2. The utility model through the abdominal belt surface of the containing bag can be placed warm baby and cool baby, realizing the heating and refrigerating effect of the device.
LIU(CN 110787043) teaches a wearable physiotherapy instrument, comprising a physiotherapy, the physiotherapeutic belt is provided with a sealing layer, an internal storage of the physiotherapy belt with a heating plate, the inner side of the physiotherapy belt is sewed with Chinese medicine belt, two ends of said physiotherapy belt outer side of the central position is fixed with a R140 vibration motor.
LEE et al.( CA 2804198) teaches apparatus to relieve menstrual cramping includes one or more tapered pads having an inner and outer side, each outer side being semi-rigid and each inner side being flexible. The outer side of each pad is connected to one or more straps having first and second ends. A fastener is attached to the first end of each strap and a corresponding second fastener attaches to the second end of each strap.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L CASLER whose telephone number is (571)272-4956. The examiner can normally be reached M-Th 6:30 to 4:30.
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, Charles Marmor can be reached at (571)272-4730. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN L CASLER/Primary Examiner, Art Unit 3791
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