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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the handle opening extends from the first sidewall surface to the bottom surface of claim 9 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “with the upper surface of the medical support device positioned between a thoracis spine region of the patient” which could potentially be construed as positively claiming the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --with the upper surface of the medical support device configured to be positioned between a thoracis spine region of the patient--.
Appropriate correction is required.
Claim 2 is objected to because of the following informalities:
Claim 2 recites, with the upper surface of the medical support device positioned between a thoracis spine region of the patient” which could potentially be construed as positively claiming the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --with the upper surface of the medical support device configured to be positioned between a thoracis spine region of the patient--.
Appropriate correction is required.
Claim 8 is objected to because of the following informalities: Claim 8 recites the limitation "the acute angle between the first inclined sidewall surface and the bottom surface" in lines 2-3. In claim 6 from which claim 8 depends, it is claimed “wherein each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle” but not that the acute angle is between the first inclined surface and the bottom surface. It is suggested that claim 8 is amended to recite something along the lines of –wherein the acute angle is between the first inclined sidewall surface and the bottom surface and is a second acute angle--.
Claim 8 recites the limitation "the acute angle between the second inclined sidewall surface and the bottom surface" in lines 3-4. In claim 6 from which claim 8 depends, it is claimed “wherein each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle” but not that the acute angle is between the second inclined surface and the bottom surface. It is suggested that claim 8 is amended to recite something along the lines of –wherein the acute angle is between the second inclined sidewall surface and the bottom surface and is a third acute angle--.
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.
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 11 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.
The term “substantially” in claim 11 is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination the limitation will be interpreted as –planar--.
The term “substantially” in claim 20, lines 2 and 14, is a relative term which renders the claim indefinite. The term “substantially” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purposes of examination the limitation will be interpreted as –planar--.
Claim Rejections - 35 USC § 102
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hinders (US 2006/0278237).
Regarding claim 1, Hinders discloses a medical support device (10) ([0007]; [0015]; [0016]) comprising: a bottom surface (annotated Fig. 2 below)
PNG
media_image1.png
655
876
media_image1.png
Greyscale
configured to support the device (capable of intended use); and a sidewall surface (12) (annotated Fig. 2) extending upwardly from the bottom surface to a truncated upper surface (annotated Fig. 2), the truncated upper surface establishing an upper patient-supporting surface (NOTE: see in annotated Fig. 2 patient is supported by an upper surface thus it is an upper patient-supporting surface), wherein the sidewall surface is configured to orient a chest airway region of a patient into an open position when the patient is oriented in a supine position (Fig. 2 shows patient in a supine position; capable of intended use) with the upper surface of the medical support device positioned beneath a thoracic spine region of the patient ([0005]; [0015]; See Fig. 2, capable of intended use).
Claim(s) 2-7, 11-12 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Edelson (US 4987625), as evidenced by Davlin (US 2020/0190831) with regard to claim 12.
Regarding claim 2, Edelson discloses a medical support device (20) (Fig. 1; Fig. 8; col. 2, line 32 to col. 3, line 14; NOTE: the support device may benefit those suffering from respiratory, cardiac or other medical conditions and is thus a medical support device) for airway management (capable of intended use; col. 2, line 32 to col. 3, line 14), the medical support device comprising: a sagittal axis located within a median sagittal plane (Fig. 1; Fig. 8; NOTE: a plane runs in a direction dividing support 20 into left and right sections within a section of the support and is thus a median sagittal plane is present, and the axis in annotated Fig. 1 below is located within that plane); a transverse axis located within a median transverse plane (annotated Fig. 1; NOTE: a plane divides a support into upper and lower portions is present, and a transverse axis located within that plane is in annotated Fig. 1); and a base portion, the base portion comprising: a bottom surface (annotated Fig. 1),
PNG
media_image2.png
707
1175
media_image2.png
Greyscale
the bottom surface having a bottom surface width (annotated Fig. 1) and a bottom surface length (annotated Fig. 1); an upper surface (annotated Fig. 1 above), the upper surface being opposite the bottom surface (annotated Fig. 1 above), the upper surface having an upper surface width and an upper surface length (annotated Fig. 1 above), the upper surface width being less than the bottom surface width (annotated Fig. 1 above), the upper surface width being less than the upper surface length (annotated Fig. 1 above); and first and second inclined sidewall surfaces (annotated Fig. 4 below),
PNG
media_image3.png
754
1182
media_image3.png
Greyscale
the first inclined sidewall surface adjoining the bottom surface at a first bottom edge (annotated Fig. 4) and adjoining the upper surface at a first upper edge (annotated Fig. 4; NOTE: it is a first upper edge in that it is an edge [of a hinge] connected to the upper surface), the second inclined sidewall surface adjoining the bottom surface at a second bottom edge (annotated Fig. 4; NOTE: it is a second bottom edge in that it is an additional edge connected to the bottom surface) and adjoining the upper surface at a second upper edge (annotated Fig. 4; NOTE: it is a second upper edge it that it is an additional edge [of a hinge] connected to the upper surface), the upper surface being located transversely between the first and second inclined sidewall surfaces (annotated Fig. 4); and wherein the first inclined sidewall surface, the upper surface, and the second inclined sidewall surface are collectively configured to orient a chest airway region of a patient into an open position when said patient is oriented in a supine position (capable of intended use; Fig. 8) with the upper surface of the medical device positioned beneath a thoracic spine region of said patient (Fig. 8; capable of intended use).
Regarding claim 3, Edelson discloses the invention as described above with regard to claim 2.
Edelson further discloses wherein the upper surface length is less than the bottom surface length (annotated Fig. 1 above).
Regarding claim 4, Edelson discloses the invention as described above with regard to claim 3.
Edelson further discloses wherein the base portion is symmetrical about the median sagittal plane (annotated Fig. 1 above with regard to the claim 1 rejection; NOTE: the device is symmetrical and thus would be symmetrical about the median sagittal plane which divides it into left and right sections).
Regarding claim 5, Edelson discloses the invention as described above with regard to claim 4 above.
Edelson further discloses wherein each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle (see annotated Fig. 4 above with regard to the claim 2 rejection; NOTE: each of the inclined wall surfaces join a bottom surface edge at an acute angle which is connected to the bottom surface thus each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle).
Regarding claim 6, Edelson discloses the invention as described above with regard to claim 5.
Edelson further discloses wherein the base portion further comprises a front face (annotated Fig. 8 below; NOTE: the face is considered a front face as it is a front face of a side view),
PNG
media_image4.png
528
987
media_image4.png
Greyscale
the front face adjoining the bottom surface at a third bottom edge (annotated Fig. 8; NOTE: it is a third bottom edge in that it is an additional edge connected to the bottom surface) and adjoining the upper surface at a third upper edge (annotated Fig. 8).
Regarding claim 7, Edelson discloses the invention as described above with regard to claim 6.
Edelson further discloses wherein the front face adjoins the bottom surface at an acute angle (annotated Fig. 8 above with regard to the rejection to claim 6 shows an edge of the front face extended joins the bottom surface at an acute angle).
Regarding claim 11, Edelson discloses the invention as described above with regard to claim 2.
Edelson further discloses wherein each of the upper surface, the bottom surface, and the first and second inclined sidewall surfaces are substantially planar (see annotated Figs. 1 and 4 with regard to the claim 2 rejection showing these surfaces are planar).
Regarding claim 12, Edelson discloses the invention as described above with regard to claim 2.
Edelson further discloses wherein the base portion is comprised of a polymer foam (col. 4, lines 5-29; NOTE: urethane foam is a polymer foam as evidenced by Davlin, [0003]).
Regarding claim 20, Edelson discloses a method of managing an airway of a patient (col. 2, lines 32 to col. 3, line 4; NOTE: the method may benefit persons suffering from respiratory conditions and thus is a method of managing an airway of a patient as respiration relates to an airway and benefitting the patient/improving the condition is a method of managing/taking care of the condition), the method comprising: placing a medical support device (20) (Fig. 1; Fig. 8; col. 2, line 32 to col. 3, line 14; NOTE: the support device may benefit those suffering from respiratory, cardiac or other medical conditions and is thus a medical support device) on a substantially level surface (Fig. 8 shows the device is level and on a level surface), the medical support device comprising a base portion (Fig. 1), the base portion having a bottom surface (annotated Fig. 1 with regard to the rejection to claim 2), an upper surface (annotated Fig. 1 with regard to the rejection to claim 2) opposite the bottom surface (annotated Fig. 1 with regard to the rejection to claim 2), and first and second inclined sidewall surfaces (annotated Fig. 4 above with regard to the claim 2 rejection), the bottom surface having a bottom surface width (annotated Fig. 1 with regard to the claim 2 rejection) and the upper surface having an upper surface width (annotated Fig. 1 with regard to the claim 2 rejection), the upper surface width being less than the bottom surface width (annotated Fig. 1 with regard to the claim 2 rejection), the first inclined sidewall surface adjoining the bottom surface at a first bottom edge (annotated Fig. 4 with regard to the claim 2 rejection; NOTE: it is a first bottom edge in that it is an edge connected to the bottom surface) and adjoining the upper surface at a first upper edge (annotated Fig. 4 with regard to the claim 2 rejection; NOTE: it is a first upper edge it that it is an edge [of a hinge] connected to the upper surface), the second inclined sidewall surface adjoining the bottom surface at a second bottom surface edge (annotated Fig. 4 with regard to claim 2; NOTE: it is a second bottom edge in that it is an additional edge connected to the bottom surface) and adjoining the upper surface at a second upper surface edge (annotated Fig. 4 with regard to claim 2; NOTE: it is a second upper edge it that it is an additional edge [of a hinge] connected to the upper surface), each of the first and second inclined sidewall surfaces adjoining the bottom surface at an acute angle (see annotated Fig. 4 above with regard to the claim 2 rejection; NOTE: each of the inclined wall surfaces join a bottom surface edge at an acute angle which is connected to the bottom surface thus each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle); orienting the medical support device such that the bottom surface of said support device is in contact with the substantially level surface (Fig. 8; the device is oriented such that the bottom of the support device is in contact with the level surface as indicated by the bottom surface of the device being level); and positioning the patient onto the medical support device in a supine position (Fig. 8; NOTE: the patient/user is positioned onto the medical support device in a supine position), the patient being positioned such that a thoracic spine region of said patient rests on the upper surface of the medical support device (Fig. 8 shows the thoracic spine region of said patient rests on the upper surface of the medical support device).
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, 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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 4987625).
Regarding claim 8, Edelson discloses the invention as described above with regard to claim 7.
Edelson further discloses wherein the acute angle between the front face and the bottom surface is a first acute angle (see annotated Fig. 8 with regard to the claim 7 rejection), the acute angle between the first inclined sidewall surface and the bottom surface is a second acute angle (annotated Fig. 4 with regard to the claim 2 rejection shows a location of an acute angle that is between a portion of the first inclined sidewall surface and the bottom surface), and the acute angle between the second inclined surface and the bottom surface is a third acute angle (annotated Fig. 4 with regard to the claim 2 rejection shows a location of an additional acute angle that is between a portion of the second inclined sidewall surface and the bottom surface).
Edelson does not disclose the first acute angle being less than the second and third acute angles.
However, it would have been an obvious matter of design choice to provide that the first acute angle is being less than the second and third acute angles as Applicant has not placed any criticality or provided evidence of unexpected results on the claimed shape (Applicant’s specification recites at [0048] that the three angles are all acute angles and the second and third angle may fall within a range of 20 degrees to 80 degrees but the specification is silent with regard to the criticality or unexpected result of the first acute angle being less than the second and third acute angles). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Claim(s) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 4987625) as applied to claim 2 above, in further view of Rogers (US 5179746) .
Regarding claim 9, Edelson discloses the invention as described above with regard to claim 2.
Edelson does not disclose wherein the base portion further comprises a handle opening, the handle opening being located within the first inclined sidewall surface.
Rogers teaches an analogous support device (11) (Fig. 1; col. 4, lines 28-57) having an analogous first sidewall surface (22) (Fig. 2; Fig. 3) and an analogous bottom surface (annotated Fig. 3 below), and a handle opening (annotated Fig. 3 below) (col. 5, lines 4-24),
PNG
media_image5.png
611
864
media_image5.png
Greyscale
the handle opening being located within the first analogous sidewall surface (Fig. 2; annotated Fig. 3).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the medical support device of Edelson further comprises a handle opening, the handle opening being located within the first inclined sidewall surface, as taught by Rogers , in order to provide an improved medical support device that facilitates transportation of patients whose body extends beyond and below the upper surface and minimizes weight and eliminates unnecessary parts (Rogers, col. 5, lines 4-24 ).
Regarding claim 10, Edelson in view of Rogers discloses the invention as described above with regard to claim 9.
The combination further discloses wherein the handle opening extends from the first sidewall to the bottom surface (NOTE: In the combination a handle opening as taught by Rogers is provided to the sidewall as disclosed by Edelson. As seen in annotated Fig. 3 of Rogers with regard to the rejection of claim 9, the opening for the handle [handle opening] extends from the sidewall to the bottom surface and in the combination the opening would extend from the first sidewall to the bottom surface of Edelson).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 4987625) as evidenced by Davlin (US 20200190831) as applied to claim 12 above, and further in view of Zurek (US 2020/0337479).
Regarding claim 13, Edelson substantially discloses the invention as described above with regard to claim 12.
Edelson does not disclose wherein the polymer foam is a closed cell polymer foam.
Zurek teaches an analogous support device (100) having an analogous base portion ([0031]; NOTE: bottom surface of panel 210 for example, is a base portion) comprised of a polymer foam ([0031]) wherein the polymer foam is a closed cell polymer foam ([0031]).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the polymer foam of the medical support device of Edelson, is a closed cell polymer foam, as taught by Zurek, in order to provide an improved medical support device that supports at least some of the weight of the user and provides other application-specific characteristics (Zurek, [0031]).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 4987625) as evidenced by Davlin (US 20200190831) as applied to claim 12 above, and further in view of Hinders (US 2006/0278237) as evidenced by Schillizzi (US 2019/0226685).
Regarding claim 14, Edelson substantially discloses the invention as described above with regard to claim 12.
Edelson does not disclose wherein the medical support device further comprises a covering encompassing the base portion, the covering being made of a non-porous material.
Hinders teaches an analogous medical support device (10) ([0007]; [0015]; [0016]) wherein the medical support device further comprises a covering ([0019]) encompassing the base portion, the covering being made of a non-porous material [0019]; NOTE: the, the covering being made of a non-porous material ([0019]; NOTE: vinyl is a non-porous material as evidenced by Schillizzi, [0014]).
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Edelson (US 4987625) as applied to claim 2 above, in view of Perry (US 2003/0145862).
Regarding claim 15, Edelson disclose the invention as described above with regard to claim 2.
Edelson does not disclose a shoulder portion, the shoulder portion comprising: a bottom surface, the bottom surface having a bottom surface width and a bottom surface length; and an upper surface, the upper surface being opposite the bottom surface, the upper surface having an upper surface width and an upper surface length, the upper surface width being greater than the upper surface length; wherein the upper surface of the base portion and the upper surface of the shoulder portion collectively form a T-shaped support surface.
Perry teaches an analogous medical support device ([0014]; [0015]; Figs. 1-3; capable of intended use) having an analogous base portion (50) (Figs. 1-3; [0015]) having an analogous upper surface (64) ([0019]) and further comprising a shoulder portion (70) ([0016]), the shoulder portion comprising: a bottom surface (annotated Fig. 2 below),
PNG
media_image6.png
693
876
media_image6.png
Greyscale
the bottom surface having a bottom surface width (annotated Fig. 1 above) and a bottom surface length (annotated Fig. 1 above); and an upper surface (annotated Fig. 2), the upper surface being opposite the bottom surface (annotated Fig. 2), the upper surface having an upper surface width (annotated Fig. 1) and an upper surface length (annotated Fig. 1), the upper surface width being greater than the upper surface length (annotated Fig. 1); wherein the upper surface of the analogous base portion (annotated Fig. 1) and the upper surface of the shoulder portion (annotated Fig. 1) collectively form a T-shaped support surface (annotated Fig. 1 shows elements 50 and 70 forming a T-shaped support surface).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the medical support device of Edelson is further comprising a shoulder portion, the shoulder portion comprising: a bottom surface, the bottom surface having a bottom surface width and a bottom surface length; and an upper surface, the upper surface being opposite the bottom surface, the upper surface having an upper surface width and an upper surface length, the upper surface width being greater than the upper surface length; wherein the upper surface of the base portion and the upper surface of the shoulder portion collectively form a T-shaped support surface, as taught by Edelson, in order to provide an improved medical support device that are used to support the arm and/or that prevent arm malpositioning (Edelson, [0016]).
Regarding claim 16, Edelson in view of Perry discloses the invention as described above with regard to claim 15.
The combination further discloses wherein the base portion and the shoulder portion are symmetrical about the median sagittal plane (as described above with regard to the rejection to claim 4, the base portion is symmetrical about the median sagittal plane and in the combination the shoulder portion is disposed symmetrically about the base portion and thus the shoulder portion also is symmetrical about the median sagittal plane which divides the medical support device into left and right sections).
Regarding claim 17, Edelson in view of Perry discloses the invention as described above with regard to claim 16 above.
Edelson further discloses wherein each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle (see annotated Fig. 4 above with regard to the claim 2 rejection; NOTE: each of the inclined wall surfaces join a bottom surface edge at an acute angle which is connected to the bottom surface thus each of the first and second inclined sidewall surfaces adjoin the bottom surface at an acute angle).
Regarding claim 18, Edelson in view of Perry discloses the invention as described above with regard to claim 17 above.
Edelson further discloses Edelson further discloses wherein the base portion further comprises a front face (annotated Fig. 8 above with regard to the claim 6 rejection; NOTE: the face is considered a front face as it is a front face of a side view), the front face adjoining the bottom surface at a third bottom edge (annotated Fig. 8 above with regard to the claim 6 rejection; NOTE: it is a third bottom edge in that it is an additional edge connected to the bottom surface) and adjoining the upper surface at a third upper edge (annotated Fig. 8 above with regard to the claim 6 rejection).
Regarding claim 19, Edelson in view of Perry discloses the invention as described above with regard to claim 18 above.
Edelson further discloses wherein the front face adjoins the bottom surface at an acute angle (annotated Fig. 8 above with regard to the rejection to claim 6 shows an edge of the front face extended joins the bottom surface at an acute angle).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
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, Alireza Nia can be reached at 571-270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G.M./ Examiner, Art Unit 3786
/MICHELLE J LEE/ Primary Examiner, Art Unit 3786