DETAILED ACTION
This Office Action is in response to the Amendment filed March 4, 2026. Claims 1 and 10 have been amended. Claims 1-18 are pending.
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 .
Terminal Disclaimer
The terminal disclaimer filed on March 4, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 12,042,349 has been reviewed and is accepted. The terminal disclaimer has been recorded.
In light of the accepted terminal disclaimer, the double patenting rejections of claim 1-18 have been withdrawn.
Response to Arguments
Applicant's arguments filed March 4, 2025 have been fully considered but they are not persuasive. Applicant primarily argues the following:
“Independent Claims 1 and 10 stand rejected under 35 U.S.C. § 103(a) as allegedly
being unpatentable over Vinmont in view of Ouchene. Applicant respectfully traverses
the rejection and contends that the cited prior art references, singly or in combination,
fail to disclose, teach, or suggest each and every claim element of independent claim 1,
as amended. In particular, the cited prior art references, fail to disclose or suggest the
two elongated extension arms being configured to "wrap at least partially around" the
appendage in a manner that is radial and perpendicular to the long axis of the
appendage and in opposite directions, as required by the claims, as amended.
The cited art references do not show the Office's interpretation of elongated extension
arms as being configured to wrap at least partially around an appendage in the specific
manner required by the claims. The Office's interpretation of the elongated extension
arms all extend lengthwise along the long axis of the appendage, but do not wrap
around the appendage, radially and perpendicular to the long axis. Applicant respectfully
requests reconsideration and withdrawal of the §103 rejection of independent claims 1
and 10 as amended, and also all claims depending therefrom.”
The Office contends that as broadly as claimed, the cuff, i.e., bladder 22, 24, 25 or 26, in fact does wrap partially around, radially and perpendicular to the longitudinal axis of an appendage(emphasis added). Applicant should note that the bladder when inflated or deflated will partially contour the portion of the body upon which it contacts. Thus, a portion of bladder 22, 24, 25 or 26 will, partially wrap around, radially and perpendicular to the longitudinal axis of an appendage upon which it is placed.
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) 1-2, 5, 8-11, 14 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over U. S. Patent No. 3,908,642 (Vinmont) in view of U.S. Patent No. 7,27,0642 (Ouchene).
Regarding claim 1, Vinmont discloses an orthopedic cast ventilator apparatus (see Figs. 1-4) comprising: a housing 70 (see Fig. 1, case 70) comprising: an air intake aperture 38 (see Fig. 1 and col. 2, line 53) and a discharge port 60 (see Fig. 1 and col. 2 line 56, distributor means 60 discharges air from air intake); an air pump 81 electrically connected to a power supply (see Fig. 1 and col. 2 line 53, compressor 81 is an air pump; also see col. 3, lines 35-50, air pump 81 is electronic and implicitly connected to a power supply in order to function) controlled by a power switch 76 (see Fig. 1 and col. 3, lines 43-44, on-off switch 76 for air pump 81), the power switch 76 is configured to actuate between one or more powered position and an unpowered position (see col. 3, lines 43-44, on-off switch 76 for air pump 81, on-off implicitly provides there being a powered and unpowered position), the air pump 81 is in air-seal connection between the air intake aperture 38 and the discharge port 60 (see Fig. 1, entire system is contained in a sealed connections); and a primary air filter 78 disposed at the air intake aperture 38 such that air drawn in through the air intake aperture 38 by the air pump 81 is forced through the primary air filter 78 (see col. 3, lines 45-50, filter 78 filters the air that passes through the air intake 38); and an air delivery cuff 22, 24, 25, 26 in air-seal connection 36 with the discharge port 60 of the housing 70 (see Figs. 1-2 and col. 2 lines, 17-50, bladders 22, which may be termed cuffs as they surround the limb of the user, have vents 23 which delivers air into the cast, air is transferred from the port 60 to the cuff 22 via hoses 36, wherein hoses provide an air-seal connection), the air delivery cuff comprising: a clean air intake port disposed between a first end and a second end which are configured to wrap at least partially around, radially and perpendicular to the long axis an appendage and wedge between an orthopedic cast and skin of a wearer of the orthopedic cast (see Fig. 2, col. 2, lines 4-14 and annotated Fig. A; as broadly as claimed with the language of “at least partially”, cuffs 22, 24, 25 or 26 are configured to wrap at least partially around, radially and perpendicular to the long axis an appendage and wedge between an orthopedic cast and skin of a wearer of the orthopedic cast), wherein the clean air intake port is where the hose 36 connects to bladder 25, which is between the ends), the first end being disposed opposite to the second end (see annotated Fig. A), and each of the first and second ends having a distal end and one or more discharge port 23 (see annotated Fig. A, wherein these are distal ends and have a discharge port 23 for releasing air).
Vinmont does not disclose the first and second ends being elongated extension arms. However, Ouchene discloses an analogous orthopedic bladder/cuff 22 (see col. 4, lines 17-38) having an analogous air intake in an analogous center of the cuff therein (see annotated Fig. B) and the cuff/bladder 22 is rectangular (see col. 4, lines 17-38) having analogous first and second ends wherein these ends are elongated from the center and thus are elongated extensions arms which are configured to wrap at least partially around an appendage (see annotated Fig. B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have changed the shape of the first and second ends of the bladder/cuff 22, 24,25, or 26 of Vinmont to be elongated extension arms as taught by Ouchene, in order to expand the area/length in which the bladder/cuff engages with the body of the user and as changes in shape have been held to be a matter of design choice absent persuasive evidence that the particular configuration of the claimed shape was significant. See MPEP 2144(IV)(B) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such a modification still allows the first and second ends of the bladder/cuff to wrap at least partially around an appendage and wedge between and orthopedic cast skin of a wearer of the orthopedic cast.
Regarding claim 2, Vinmont in view of Ouchene discloses the invention of claim 1 above. Vinmont further discloses said discharge port 60 of said housing 70 is air-seal connected to the clean air intake port of said air delivery cuff 22/25 (see annotated Fig. A) via a length of tubing 36 (see Figs. 1-2 and annotated Fig. A, tubing 36 connects and forms an air-seal connection between discharge port 60 and the indicated intake port).
Regarding claim 5, Vinmont in view of Ouchene discloses the invention of claim 1 above. Vinmont further discloses wherein the housing 70 further comprises a fan speed selector 79 switch in operable electrical connection with the air pump 81 and the power supply and configured to control the rate of air flow through the air pump 81 (see col. 3, lines 35-48, “electronic speed control knob 79” connected to the air pump 81 and thus implicitly connected to the power supply thereof controls the air flow output).
Regarding claim 8, Vinmont in view of Ouchene discloses the invention of claim 1 above. Vinmont and Ouchene further discloses wherein each of the first elongated extension arm and the second elongated extension arm of the air delivery cuff 22/25 (annotated Fig. A) are made of a flexible material (see col. 2, lines 17-24, the cuff 22/25 is a bladder that is able to deform, thus is flexible), and each of the first elongated extension arm and the second elongated extension arm of the air delivery cuff 22/25 (see annotated Fig. A) have an internal cavity configured to take a first shape and form when a portion of air is evacuated from the internal cavity, and configured to take a second shape and form when the internal cavity is filled with air (see col. 2, lines 17-34, this is a bladder that has an internal cavity that changes shape when filled and not filled with air).
Regarding claim 9, Vinmont in view of Ouchene discloses the invention of claim 1 above. Vinmont further discloses wherein each of the one or more discharge ports 23 of each of the first and second elongated extension arms (see annotated Fig. A) are positioned on a side of the air delivery cuff 22/25 near the clean air intake port (see annotated Fig. A, wherein the vents 23 are located generally on the opposite side of the cuff 22/25 from the indicated clean intake).
Modified Vinmont fails to explicitly disclose each of the one or more discharge ports 23 of each of the first and second elongated extension arms are positioned on a side of the air delivery cuff 22/25 opposite the clean air intake port. However, as can be read from col. 3, lines 28-29, “[v]ents 23 are provided in the bladders to allow air to escape therefrom” and from col. 1, lines 55-56 “[a]ir venting from the bladders ventilate the skin beneath the cast”. Applicant must note that the specification does not state the criticality of the discharge ports being positioned on a side of the delivery cuff opposite the clean air intake, does not provide evidence of unexpected results, or provides evidence that the particular placement of the discharge ports solves a particular problem. Thus, absent persuasive evidence that the claimed placement of the discharge ports is significant, the Office concludes that the placement of the discharge ports being positioned on a side of the delivery cuff opposite the clean air intake is an obvious matter of design choice since switching the position of the discharge ports would not have modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Regarding claim 10, Vinmont discloses a method of manufacturing an orthopedic cast ventilator apparatus(see Figs. 1-4), the method comprising: providing a housing 70 (see Fig. 1, case 70): an air intake aperture 38 (see Fig. 1 and col. 2, line 53) and a discharge port 60 (see Fig. 1 and col. 2, line 56, distributor means 60 discharges air from air intake); an air pump 81 electrically connected to a power supply (see Fig. 1, col. 2 line 53, compressor 81 is an air pump; col. 3, lines 35-50, air pump 81 is electronic and implicitly connected to a power supply in order to function) controlled by a power switch 76 (see Fig. 1 and col. 3 lines 43-44, on-off switch 76 for air pump 81), the power switch 76 is configured to actuate between one or more powered position and an unpowered position (see col.3, lines 43-44, on-off switch 76 for air pump 81, on-off implicitly provides there being a powered and unpowered position), the air pump 81 is in air-seal connection between the air intake aperture 38 and the discharge port 60 (see Fig. 1, entire system is contained in a sealed connections); and a primary air filter 78 disposed at the air intake aperture 38 such that air drawn in through the air intake aperture 38 by the air pump 81 is forced through the primary air filter 78 (see col. 3, lines 45-50, filter 78 filters the air that passes through the air intake 38); and providing an air delivery cuff 22, 24, 25 or 26 in air-seal connection 36 with the discharge port 60 of the housing 70 (see Fig. 1-2 and col. 2, lines 17-50, bladders 22, 24,25, or 26 which may be termed cuffs as they surround a portion of the limb of the user, have vents 23 which delivers air into the cast, air is transferred from the port 60 to the cuff 22 , 24 25, or 26,via hoses 36, wherein hoses provide an air-seal connection), the air delivery cuff comprising: a clean air intake port disposed between a first end and a second end which are configured to wrap at least partially around, radially and perpendicular to the long axis of an appendage and wedge between and orthopedic cast skin of a wearer of the orthopedic cast (see Fig. 2, col. 2, lines 4-14 and annotated Fig. A; as broadly as claimed cuffs 22, 24, 25 or 26 are configured to wrap at least partially around, radially and perpendicular to the long axis of an appendage in a first direction and wedge between an orthopedic cast and skin of a wearer of the orthopedic cast; wherein the clean air intake port is where the hose 36 connects to bladder 22, 24, 25 or 26, which is between the indicated ends), the first end being disposed opposite to the second end (see annotated Fig. A), and each of the first and second ends having a distal end and one or more discharge port 23 (see annotated Fig. A, wherein the ends are distal ends and have a discharge port 23 for releasing air).
Vinmont does not disclose the first and second ends being elongated extension arms. However, Ouchene discloses an analogous orthopedic bladder/cuff 22, 24,25, or 26 (col. 4, lines 17-38) having an analogous air intake in an analogous center of the cuff therein (see annotated Fig. B) and the cuff/bladder 22 is rectangular (see col. 4 lines 17-38) having analogous first and second ends wherein these ends are elongated from the center and thus are elongated extensions arms (see annotated Fig. B).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have changed the shape of the first and second ends of the bladder/cuff 22/25 of Vinmont to be elongated extension arms as taught by Ouchene in order to expand the area/length in which the bladder/cuff engages with the body of the user and as changes in shape have been held to be a matter of design choice absent persuasive evidence that the particular configuration of the claimed shape was significant. See MPEP 2144(IV)(B) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). Such a modification still allows the first and second ends of the bladder/cuff to wrap at least partially around an appendage in opposite directions and wedge between and orthopedic cast skin of a wearer of the orthopedic cast.
Regarding claim 11, Vinmont in view of Ouchene discloses the invention of claim 10 above. Vinmont further discloses providing a length 36 of tubing in air-seal connection between the clean air intake port of said air delivery cuff 22/25 (see Annotated Fig. A) and said discharge port 60 of said housing 70 (see Fig. 1-2 and annotated Fig. A, tubing 36 connects and forms an air-seal connection between discharge port 60 and the indicated intake port)
Regarding claim 14, Vinmont in view of Ouchene discloses the invention of claim 10 above. Vinmont further discloses wherein the housing 70 further comprises a fan speed selector 79 switch in operable electrical connection with the air pump 81 and the power supply and configured to control the rate of air flow through the air pump 81 (see col. 3 lines 35-48, “electronic speed control knob 79” connected to the air pump 81 and thus implicitly connected to the power supply thereof controls the air flow output).
Regarding claim 17, Vinmont in view of Ouchene discloses the invention of claim 10 above. Vinmont and Ouchene further discloses wherein each of the first elongated extension arm and the second elongated extension arm of the air delivery cuff 22/25 (see annotated Fig. A) are made of a flexible material (see col. 2, lines 17-24, the cuff 22/25 is a bladder that is able to deform, thus is flexible), and each of the first elongated extension arm and the second elongated extension arm of the air delivery cuff 22/25 (see annotated Fig. A) have an internal cavity configured to take a first shape and form when a portion of air is evacuated from the internal cavity, and configured to take a second shape and form when the internal cavity is filled with air (see col. 2, lines 17-34, this is a bladder that has an internal cavity that changes shape when filled and not filled with air).
Regarding claim 18, Vinmont in view of Ouchene discloses the invention of claim 10 above. Vinmont and Ouchene further discloses wherein each of the one or more discharge ports 23 of each of the first and second elongated extension arms (see annotated Fig. A) are positioned on a side of the air delivery cuff 22/25 near the clean air intake port (see annotated Fig. A, wherein the vents 23 are located generally on the opposite side of the cuff 22/25 from the indicated clean intake).
Modified Vinmont fails to explicitly disclose each of the one or more discharge ports 23 of each of the first and second elongated extension arms are positioned on a side of the air delivery cuff 22/25 opposite the clean air intake port. However, as can be read from col. 3, lines 28-29, “[v]ents 23 are provided in the bladders to allow air to escape therefrom” and from col. 1, lines 55-56 “[a]ir venting from the bladders ventilate the skin beneath the cast”. Applicant must note that the specification does not state the criticality of the discharge ports being positioned on a side of the delivery cuff opposite the clean air intake, does not provide evidence of unexpected results, or provides evidence that the particular placement of the discharge ports solves a particular problem. Thus, absent persuasive evidence that the claimed placement of the discharge ports is significant, the Office concludes that the placement of the discharge ports being positioned on a side of the delivery cuff opposite the clean air intake is an obvious matter of design choice since switching the position of the discharge ports would not have modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Claim(s) 3-4 and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinmont in view of Ouchene in view of U.S. Patent Application Publication No. 20040162511 (“Barberio”).
Regarding claim 3, Vinmont in view of Ouchene discloses claim 1 above. Vinmont does not disclose a secondary air filter disposed between the discharge port of the housing and the clean air intake port of the air delivery cuff. However, Barberio teaches an analogous cast venting device (title), wherein there may be further provided a filter 342 at the end of analogous tubing 340 that enters a cast (see [0145]), wherein this filter 342 is disposed between the analogous discharge port of the pump 9 (see Fig. 6 and para. [0101]) and the exit of the air delivery (see Fig. 41A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a secondary air filter disposed between the discharge port of the housing and the clean air intake port of the air delivery cuff in the tubing 36 of Vinmont as taught by Barberio in order to further to help keep dust out of the tubing (Barberio see para. [0145]).
Regarding claim 4, Vinmont in view of Ouchene discloses claim 2 above. Vinmont does not disclose a secondary air filter disposed inline along the length of tubing, between the discharge port of the housing and the clean air intake port of the air delivery cuff.
However, Barberio teaches an analogous cast venting device (title), wherein there may be further provided a filter 342 at the end of analogous tubing 340 that enters a cast (see para. [0145]), wherein this filter 342 is disposed between the analogous discharge port of the pump 9 (see Fig. 6 and para. [0101]) and the exit of the air delivery (see Fig. 41A) and is inline along the length of tubing 340 (see para. [0145] and Fig. 41A).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a secondary air filter disposed inline along the length of tubing, between the discharge port of the housing and the clean air intake port of the air delivery cuff in the tubing 36 of Vinmont as taught by Barberio in order to further to help keep dust out of the tubing (Barberio see para. [0145]).
Regarding claim 12, Vinmont in view of Ouchene discloses claim 10 above. Vinmont does not disclose providing a secondary air filter disposed between the discharge port of the housing and the clean air intake port of the air delivery cuff.
However, Barberio teaches an analogous cast venting device (title), wherein there may be further provided a filter 342 at the end of analogous tubing 340 that enters a cast (see para. [0145]), wherein this filter 342 is disposed between the analogous discharge port of the pump 9 (see Fig. 6 and para. [0101]) and the exit of the air delivery (see Fig. 41A).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a secondary air filter disposed between the discharge port of the housing and the clean air intake port of the air delivery cuff in the tubing 36 of Vinmont as taught by Barberio in order to further to help keep dust out of the tubing (Barberio see para. [0145]).
Regarding claim 13, Vinmont in view of Ouchene discloses claim 11 above. Vinmont does not disclose providing a secondary air filter disposed inline along the length of tubing, between the discharge port of the housing and the clean air intake port of the air delivery cuff. However, Barberio teaches an analogous cast venting device (title), wherein there may be further provided a filter 342 at the end of analogous tubing 340 that enters a cast (see para. [0145]), wherein this filter 342 is disposed between the analogous discharge port of the pump 9 (see Fig. 6 and para. [0101]) and the exit of the air delivery (see Fig. 41A) and is inline along the length of tubing 340 (see para. [0145] and Fig. 41A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a secondary air filter disposed inline along the length of tubing, between the discharge port of the housing and the clean air intake port of the air delivery cuff in the tubing 36 of Vinmont as taught by Barberio in order to further to help keep dust out of the tubing (Barberio see para. [0145]).
Claim(s) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinmont in view of Ouchene in view of U.S. Patent Application Publication No. 20130072837 (“Rousso”).
Regarding claim 6, Vinmont in view of Ouchene discloses claim 1 above. Vinmont does not disclose wherein the housing further comprises an AC/DC transformer in operable electrical connection with the air pump and the power supply and configured to convert AC power to DC power. However, Rousso discloses a medical device which is connected to a power supply, wherein it comprises an AC/DC transformer configured to convert AC power to DC power (see para. [0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing of Vinmont to include an AC/DC transformer connected to the power supply (and thus implicitly electrically connected to the air pump) as taught by Rousso in order to enable the device to be powered by external AC power.
Regarding claim 15, Vinmont in view of Ouchene discloses claim 10 above. Vinmont does not disclose wherein the housing further comprises an AC/DC transformer in operable electrical connection with the air pump and the power supply and configured to convert AC power to DC power. However, Rousso discloses a medical device which is connected to a power supply, wherein it comprises an AC/DC transformer configured to convert AC power to DC power (see para. [0062]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing of Vinmont to include an AC/DC transformer connected to the power supply (and thus implicitly electrically connected to the air pump) as taught by Rousso in order to enable the device to be powered by external AC power.
Claim(s) 7 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vinmont in view of Ouchene in view of US Patent Application Publication No. 2021/0001019 (“Elder”).
Regarding claim 7, Vinmont in view of Ouchene discloses claim 1 above. Vinmont discloses the housing 70 comprises a controller in operable electrical connection with the air pump, the power supply, and the power switch (see col.3, lines 35-50, knobs and switches are there to control the air pump, power supply, and power switch). Vinmont does not disclose wherein the housing further comprises a PCB controller in operable electrical connection with the air pump, the power supply, and the power switch, the PCB controller is configured to automatically electrically disengage the air pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions. However, Elder discloses an analogous medical appliance including an analogous pump 230 (see [0048]) and controller 490 (see para. [0071]), wherein the controller is a PCB controller ([0071] electronic circuitry 490 implicitly requires PCB in order to be physically formed), PCB controller 490 is configured to automatically electrically disengage the pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions (see para. [0071], wherein after the invention is in the actuated powered configuration, the controller 490 can turn off the pressure from the pump after a set period of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vinmont such that the housing further comprises a PCB controller in operable electrical connection with the air pump, the power supply, and the power switch, the PCB controller is configured to automatically electrically disengage the air pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions as taught by Elder in order to provide an indicator for when to change or clean the device that lays against the user (see Elder para. [0071]).
Regarding claim 16, Vinmont in view of Ouchene discloses claim 10 above. Vinmont discloses the housing 70 comprises a controller in operable electrical connection with the air pump, the power supply, and the power switch (see col. 3, lines 35-50, knobs and switches are there to control the air pump, power supply, and power switch). Vinmont does not disclose wherein the housing further comprises a PCB controller in operable electrical connection with the air pump, the power supply, and the power switch, the PCB controller is configured to automatically electrically disengage the air pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions. However, Elder discloses an analogous medical appliance including an analogous pump 230 (see para. [0048]) and controller 490 (see para. [0071]), wherein the controller is a PCB controller (see para. [0071] electronic circuitry 490 implicitly requires PCB in order to be physically formed), PCB controller 490 is configured to automatically electrically disengage the pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions (see para. [0071], wherein after the invention is in the actuated powered configuration, the controller 490 can turn off the pressure from the pump after a set period of time).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Vinmont such that the housing further comprises a PCB controller in operable electrical connection with the air pump, the power supply, and the power switch, the PCB controller is configured to automatically electrically disengage the air pump from the power supply after a predetermined period of time after the power switch has been actuated to one of the one or more powered positions as taught by Elder in order to provide an indicator for when to change or clean the device that lays against the user (see Elder para. [0071]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIM M LEWIS whose telephone number is (571)272-4796. The examiner can normally be reached Monday -Friday 5:30 am -11:30 am.
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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.
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/KIM M LEWIS/Primary Examiner, Art Unit 3786
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