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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/28/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 7 objected to because of the following informalities:
“A specimen support system” should read “The specimen support system”
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.
Regarding claim 13, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim 15 contains the trademark name “Kapton”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark name is used to identify an insulating material and, accordingly, the identification is indefinite.
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.
Claims 1-13 and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hadjioannou et al (US8342136B2) herein referred to as “Hadjioannou” in view of Axinte et al (US20060288949A1) herein referred to as “Axinte”
Regarding claim 1, Hadjioannou discloses: A specimen support system for supporting a small animal during pre-clinical imaging, ([col 1: paragraph 3] an all-encompassing apparatus for imaging small animals; [col 3: paragraph 3] the bed acts as the support) the specimen support system comprising an animal bed for supporting the small animal, ([Abstract] a bed sized to support the animal) and a heating system linked to the animal bed, ([col 3: paragraph 6] animal heated through heating element in the bed). However, Hadjioannou does not explicitly disclose: the heating system comprising a heat pad for influencing the temperature of the small animal when supported on the animal bed, the heat pad comprising a layer of graphite, and the heating system being adapted for controlling an energy supplied to the layer of graphite thus influencing the temperature of the small animal
Axinte discloses: the heating system comprising a heat pad for influencing the temperature of the small animal when supported on the animal bed, ([0006] heated bed to provide heat to animals) the heat pad comprising a layer of graphite, ([0007] the heating element is graphite) and the heating system being adapted for controlling an energy supplied to the layer of graphite thus influencing the temperature of the small animal ([0008] a temperature controller for controlling the energy supplied and thus the heating element)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heated bed as disclosed in Hadjioannou to incorporate the adjustable graphite heating pad as disclosed in Axinte. The motivation for this being using graphite materials prevents deactivation of the heating circuit if there is a break at one point in the material, hence allowing the heating pad to be much more durable. Additionally, using graphite material enables the product to heat much more quickly. (Axinte [0067] and [0068]).
Regarding claim 2, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 1, wherein the layer of graphite is a thin sheet layer having an average thickness (Axinte [0061] the average thickness can be less than or greater than the suggested 1/8 inch; When converted, this equates to 3175 µm ). However, Hadjioannou in view of Axinte does not explicitly disclose: wherein the layer of graphite is a thin sheet layer having an average thickness between 10µm and 1000µm.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to cause the device of Hadjioannou in view of Axinte to have a maximum an average thickness between 10µm and 1000µm since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, the device of Hadjioannou in view of Axinte would not operate differently with the claimed thickness, since the invention is not limited by the particular thickness of the graphite heating element (Axinte [0061]) the device would function appropriately having the claimed thickness. Further, there is no criticality on the range claimed, indicating simply that “the thickness of the heating system is small and the heating system is thus compact” (Applicant specification [0042]).
Regarding claim 3, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 1, wherein the heating system is adapted for supplying energy via one or more connections at a same side of the heat pad, the connections being outside the imaging part of the animal bed (See annotated FIG 1 of Hadjioannou below where the energy is supplied via one connection at one side of the heating bed and the imaging is outside of that, on the opposite end).
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Regarding claim 4 Hadjioannou in view of Axinte discloses: The specimen support system according to claim 3, wherein the one or more connections are all at a same side of the heat pad with respect to the length direction of the heat pad (See annotated FIG 1 of Hadjioannou above showing the one or more connections are at the same side of the heating bed taken as the length direction)
Regarding claim 5, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 3, wherein the heat pad extends along the length of the animal bed and makes at least one turn (See FIG 4 of Axinte below; the heating pad made from the graphite element makes at least one turn)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the graphite layer as disclosed in Hadjioannou in view of Axinte to incorporate at least one turn in the graphite element forming the heat pad. The motivation being it would be obvious to try different heating pad designs and try different amounts of loops to figure out which design produces the best reasonable success wherein success is providing the most efficient heating along the animal bed. (MPEP 2143).
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Regarding claim 6, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 3, wherein the heating system is configured for inducing electrical current in the layer of graphite for controlling the energy supplied to the layer of graphite (Axinte [0007] the heat pad which is made of graphite is induced by electrical current and is therefore responsible for supplying the heat energy)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heat pad as disclosed in Hadjioannou to incorporate the graphite layer and inducing and controlling the energy supplied. The motivation being using graphite materials prevents deactivation of the heating circuit if there is a break at one point in the material, hence allowing the heating pad to be much more durable. Additionally, using graphite material enables the product to heat much more quickly (Axinte [0067] and [0068]).
Regarding claim 7, Hadjioannou in view of Axinte discloses: A specimen support system according to claim 6, wherein the heating system comprises a power supply and wherein the heat pad is electrically connected to the power supply via at least two electrical connections (See annotated FIG 6 of Axinte below showing the heat pad electrically connected to the power supply via at least two electric connections)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical connection as disclosed in Hadjioannou in view of Axinte to incorporate at least two electrical connections. The motivation being to allow the connection to continue providing heating capability if there is a break in continuity (Axinte [0063]).
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Regarding claim 8, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 7, wherein the heat pad extends along the length of the animal bed and makes at least one turn (See FIG 2A of Axinte; element 100, inserts into element 200 lengthwise and wherein curve in element 100 is seen as a turn)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the placement of the heat pad Hadjioannou in view of Axinte to incorporate the heat pad extending along the length of the animal bed. The motivation being it would be obvious to try different heating pad designs and try different configurations to figure out which design produces the best reasonable success wherein success is providing the most efficient heating along the animal bed. (MPEP 2143).
Regarding claim 9, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 7, wherein the electrical power supply, the at least two electrical connections and the heat pad form a closed electrical circuit ([See FIG 6 of Axinte above where a closed electrical circuit is shown with at least 2 power supplies forming the at least 2 electrical connections, and the heat pad])
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the graphite layer as disclosed in Hadjioannou in view of Axinte to form a closed circuit. The motivation being it is known in the art to form a closed electrical circuit which allows a constant flow of electricity. (MPEP 2143).
Regarding claim 10, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 7, wherein the heat pad at the position of the at least two electrical connections is wider than the average width of the heat pad along the length of the heat pad (See annotated FIG 1 of Hadjioannou above)
Regarding claim 11, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 1, wherein the pre-clinical imaging modality is at least one of CT, SPECT, PET, ultrasound, magnetic resonance or optical imaging (Hadjioannou [col 5: lines 24-25] the imaging modality can be PET or CT).
Regarding claim 12, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 1, wherein the animal bed is adapted for supporting rodents (Hadjioannou [col 6: line 66] the apparatus is well suited for mice and rats which falls within the classification of rodents).
Regarding claim 13, Hadjioannou in view of Axinte discloses: The specimen support system -according to claim 1, wherein the heat pad is covered on at least one side, preferably on both sides, with a shell material (Axinte [0054] a pad cover made from a material such as vinyl or another suitable material, acts as a shell on one or both sides of the heating pad)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the heating bed as disclosed in Hadjioannou to incorporate a shell material or cover as disclosed in Axinte. The motivation to do so being that it can adequately protect the elements (Axinte [0054])
Regarding claim 16, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 3, wherein the heating system furthermore comprises a thermal power source in thermal connection with the heat pad for controlling the energy supplied to the layer of graphite by controlling the temperature of the thermal power source (Axinte See FIG 6 above where the connections between the power source and the heating pad make a thermal connection)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power source as disclosed in Hadjioannou to incorporate a thermal power source as disclosed in Axinte. The motivation for this being it is obvious to form a thermal connection to the heating element to activate the heating element and allow it to provide heat, by providing it with power (Axinte [0046]).
Regarding claim 17, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 16, wherein the one or more connections are at a same side of the heat pad with respect to the length direction of the heat pad ([See annotated FIG 1 above of Hadjioannou])
Regarding claim 18, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 16, wherein the thermal power source is a power resistor (See Axinte FIG 7)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the power source as disclosed in Hadjioannou to incorporate a power resistor as disclosed in Axinte. The motivation for this being that the power resistor allows for a duty cycle to be generated and allows the power to be adjusted based on the pet’s movement, which can in turn improve the pet’s comfort or to more quickly or efficiently provide heat for the pet (Axinte [0075] and [0076]).
Regarding claim 19, Hadjioannou in view of Axinte discloses: An imaging system for pre-clinical imaging of small animals, (Hadjioannou [col 4: line 31] apparatus for imaging of an animal) the imaging system comprising a specimen support system according to claim 1, (Hadjioannou [col 4: lines 31-32] the specimen support system includes the chamber and bed) and an imager for pre-clinical imaging of a small animal positioned on the specimen support system (Hadjioannou [col 6: line 54] the imaging device is piece (50)).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hadjioannou in view of Axinte in further view of Anderson et al (US20150265458A1) herein referred to as “Anderson”
Regarding claim 14, Hadjioannou in view of Axinte discloses: The specimen support system -according to claim 1, wherein the layer of graphite is covered with a layer comprising electrically insulating material (Axinte [0062] the heating element, which is the graphite layer, may include insulation material). However, Hadjioannou in view of Axinte does not explicitly disclose: where the heating element is covered on one or both sides with an electrically insulating material
Anderson discloses: where the heating element is covered on one or both sides with an electrically insulating material ([0054] the heating element may be at least partially encapsulated by insulation. This suggest that it can be covered at the very least partly, but also on both sides)
It would have been an obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the graphite layer which is the heating element as disclosed in Hadjioannou to include an insulation material. The motivation being that this is known in the art to prevent heat loss.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the coverage of the electrically insulating material as disclosed in Hadjioannu in view of Axinte to include being covered on one or both sides as disclosed in Anderson. The motivation for this being encapsulating the heating element can isolate and shield the element and also allow it to function more efficiently by reflecting heat (Anderson [0054]).
Regarding claim 15, Hadjioannou in view of Axinte discloses: The specimen support system according to claim 14, however, Hadjioannou in view of Axinte does not explicitly disclose: wherein the electrically insulating material comprises Kapton.
Anderson explicitly discloses: wherein the electrically insulating material comprises Kapton ([0073] electrically insulating material like polyimide, which is the material for the Trademarked Kapton)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical insulating material of Hadjioannou in view of Axinte to include Kapton (polyimide), as disclosed in Anderson. The motivation being that using polyimide allows for flexibility of the circuit (Anderson [0073]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINA M GANAN-SINGH whose telephone number is (571)272-3194. The examiner can normally be reached Monday to Friday 7:30am to 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne M Rodden can be reached at 3032974276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.G.S/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794