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 .
Claim Objections
Claim 15 objected to because of the following informalities:
“A method lifting an abdominal pannus of a subject” should be “A method for lifting an abdominal pannus of a subject”
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 15-27 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "the opposite side" in line 5. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the subject’s abdomen" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the second back region" in line 13. There is insufficient antecedent basis for this limitation in the claim.
Claim 23 recites the limitation "the shoulders" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 16-22 and 24-27 rejected as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-15 and 18-27 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Galbierz (US 20150335322 A1).
Regarding claim 1, Galbierz discloses an abdominal stabilizer (10) operational to wrap around an abdomen of a subject (Abstract and Figures 1-16 wherein an abdominal stabilizer 10 is wrapped around an abdomen of a subject), wherein the abdominal stabilizer 710a (Figure 25, see [0151-053], wherein embodiment 710a is an alternate shape of the basic retractor stabilizer 10, thus having all the disclosed basic functionality of the embodiment 10 herein) comprises:
a central region operational to be placed on the subject’s abdomen (See Annotated Figure 25, wherein the central region is able to be placed on an abdomen as shown in Figures 15-16);
a proximal end operational to be immobilized on a first back region of the subject (See Annotated Figure 25, wherein the proximal end corner 720 can be analogously seen in Figures 15-16 to be placed on a first back region of the subject, wherein “back” is interpreted herein to be a more posterior section than where the central region has been placed);
a distal end on the opposite side of the proximal end, wherein the distal end is operational to be immobilized on a second back region of the subject (See Annotated Figure 25, wherein the distal end corner 720 can be analogously seen in Figures 15-16 to be placed on a second back region of the subject, the distal end being on the opposite side of the proximal end, wherein “back” is interpreted herein to be a more posterior section than where the central region has been placed), and
wherein the first back region and the second back region are on the opposite sides of one another (See Annotated Figure 25, and Figures 15-16, wherein the distal and proximal ends and as such so are the regions of the first and second back regions are on the opposite sides of one another);
an outer surface operational to face away from the subject ([0008] and Figures 15-16, wherein the device has a top layer that has an outer surface facing away from the user); and
an inner surface operational to face towards the subject ([0008] and Figures 15-16, wherein the device has a top layer that has an inner surface with adhesive facing towards the user).
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Regarding claim 2, Galbierz discloses the invention of claim 1 above.
Galbierz further discloses wherein the width of the central region is higher than the width of each of the proximal end and distal end (See Annotated Figure 25 and [0151], wherein the embodiment 710a is provided with a described hour glass shape wherein the distal and proximal ends therein have a lower width than the central region).
Regarding claim 3, Galbierz discloses the invention of claim 1 above.
Galbierz further discloses wherein the inner surface comprises an adhesive operational to adhere to the skin of the subject ([0008] and Figures 15-16, wherein the device has a top layer that has an inner surface with adhesive facing towards the user).
Regarding claim 4, Galbierz discloses the invention of claim 3 above.
Galbierz further discloses wherein the adhesive comprises a peelable cover ([0008] backing layer is a peelable/removable cover for the adhesive).
Regarding claim 5, Galbierz discloses the invention of claim 3 above.
Galbierz further discloses the adhesive is at or near the proximal end of the inner surface ([0008] and Figures 15-16, entire inner surface of the top layer is coated with adhesive, thus so is the adhesive at the area of the proximal end as indicated in Annotated Figure 25).
Regarding claim 6, Galbierz discloses the invention of claim 3 above.
Galbierz further discloses the adhesive is at or near the distal end of the inner surface ([0008] and Figures 15-16, entire inner surface of the top layer is coated with adhesive, thus so is the adhesive at the area of the distal end as indicated in Annotated Figure 25).
Regarding claim 7, Galbierz discloses the invention of claim 3 above.
Galbierz further discloses the adhesive is at or near the central region of the inner surface ([0008] and Figures 15-16, entire inner surface of the top layer is coated with adhesive, thus so is the adhesive at the area of the central region as indicated in Annotated Figure 25).
Regarding claim 8, Galbierz discloses the invention of claim 3 above.
Galbierz further discloses wherein the adhesive spans the entire inner surface ([0008] and Figures 15-16, entire inner surface of the top layer is coated with adhesive).
Regarding claim 9, Galbierz discloses the invention of claim 1 above.
Galbierz further discloses wherein the abdominal stabilizer further comprises
a first strap and a second strap positioned above the central region (See Annotated Figure 25, wherein the first and second straps are above the central region, wherein those structures are interpreted as straps according to Collins Dictionary [https://www.collinsdictionary.com/us/dictionary/english/strap], wherein they are narrow portions of material compared to the rest of the device and are used to fasten the abdominal stabilizer to the sternum area of the user [0113]),
wherein the first strap and the second strap are operational to adhere to a chest region of the subject and thereby provide additional stability (See Annotated Figure 3 and [0113] wherein the upper portion of the abdominal stabilizer is adhered in the area of the sternum, thus providing stability).
Regarding claim 10, Galbierz discloses the invention of claim 9 above.
Galbierz further discloses wherein the inner surfaces of the first strap and the second strap comprise an adhesive (See Annotated Figure 25 and [0008] and Figures 15-16, entire inner surface of the top layer is coated with adhesive, thus so are the indicated first and second straps),
Regarding claim 11, Galbierz discloses the invention of claim 9 above.
Galbierz further discloses wherein the first strap and the second strap are operational to form an X-shaped structure on the chest region of the subject (See Annotated Figure 25, wherein the indicated first and second strap shapes form an X-shape with the abdominal stabilizer as a whole, wherein the first and second straps (as the upper portion of the stabilizer) are adhered onto the chest (sternum) region of the subject [0113]).
Regarding claim 12, Galbierz discloses the invention of claim 1 above.
Galbierz further discloses wherein the abdominal stabilizer is in the form of a curved structure (See Annotated Figure 25 wherein the abdominal stabilizer 710a is a curved shape), wherein the central region represents a base area of the curved structure (See Annotated Figure 25, wherein the indicated central region is at a base of the curved structure), and wherein the proximal end and distal end represent outer edges of the curved structure (See Annotated Figure 25 wherein the proximal and distal ends are outer edges).
Regarding claim 13, Galbierz discloses the invention of claim 12 above.
Galbierz further discloses wherein the curved structure is in the form of a U-shaped structure (See Annotated Figure 25, wherein the lower edge of the distal and proximal ends along with the central region forms a U-shape, thus the curved structure may be interpreted of being in the form a U-shaped structure).
Regarding claim 14, Galbierz discloses the invention of claim 1 above.
Galbierz further discloses wherein the abdominal stabilizer is operational to lift the abdominal pannus of the subject (see [0101] wherein the abdominal stabilizer may retract or keep the pannus stabilized thereby being operational to lift the pannus).
Regarding claim 15, Galbierz discloses a method for lifting an abdominal pannus of a subject through the utilization of an abdominal stabilizer (See [0110-0114] wherein a detailed method description is provided for the lifting of an abdominal pannus using an abdominal stabilizer 10),
wherein the abdominal stabilizer 10 comprises: a central region (34a), a proximal end (34b-p), a distal end (34b-d) on the opposite side of the proximal end (See Annotated Figure 1),
an outer surface subject ([0008] and Figures 15-16, wherein the device has a top layer that has an outer surface facing away from the user), and
an inner surface ([0008] and Figures 15-16, wherein the device has a top layer that has an inner surface with adhesive facing towards the user); and
wherein the method (See [0110-0114] )comprises:
placing the central region (34a) of the abdominal stabilizer (10) on the subject’s abdomen such that the outer surface faces away from the subject and the inner surface faces towards the subject (see [0110] and Figures 3-16, wherein the central portion 34a is placed on a subject’s abdomen with the outer surface facing away from the subject and an inner surface that will adhere to the subject) ;
immobilizing the proximal end (34b-p) of the abdominal stabilizer (10) on a first back region of the subject (see [0111] and Figures 9-10 and 15-16, wherein the proximal end 34b as indicated in Annotated Figure 1, is pulled down towards the hip and then adhered (thus immobilized) to the user on a first side, wherein this may be indicated to be a “first back region” as this is more posterior than where the central portion 34a has been adhered); and
immobilizing the distal end (34b-d) of the abdominal stabilizer (10) on the second back region of the subject (see [0111] and Figures 9-10 and 15-16, wherein the distal end 34b as indicated in Annotated Figure 1, is pulled down towards the hip and then adhered (thus immobilized) to the user on a second side, wherein this may be indicated to be a “second back region” as this is more posterior than where the central portion 34a has been adhered),
wherein the first back region and the second back region are on opposite sides of one another (See Annotated Figure 1 and Figure 15, wherein the first and second regions would be on opposite sides of one another), and
wherein the immobilizing of the proximal end and the distal end facilitates the lifting of the abdominal pannus (see [0111-0114] wherein this step is required in order to retract, thus lift, the pannus of the user).
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Regarding claim 18, Galbierz discloses the method of claim 15 above.
Galbierz further discloses wherein the inner surface comprises an adhesive operational to adhere to the skin of the subject ([0008] and Figures 15-16, wherein the top layer that has an inner surface with adhesive facing towards the user) (see [0110-0114] wherein the inner surface is adhered to the user).
Regarding claim 19, Galbierz discloses the method of claim 18 above.
Galbierz further discloses wherein the adhesive is at or near the proximal end of the inner surface ([0008] and Figures 15-16, wherein the entire inner surface is covered in adhesive then so is the proximal end of the inner surface, further see [0111] portions 34b have adhesive), and
wherein the immobilizing of the proximal end (34b-p) of the abdominal stabilizer (See Annotated Figure 1) on the first back region of the subject comprises using the adhesive to adhere the proximal end to the first back region (see [0111] wherein portions 34b are adhered towards a hip of the user, the proximal end being down toward a first back region of the subject).
Regarding claim 20, Galbierz discloses the method of claim 18 above.
Galbierz further discloses wherein the adhesive is at or near the distal end of the inner surface ([0008] and Figures 15-16, wherein the entire inner surface is covered in adhesive then so is the proximal end of the inner surface, further see [0111] portions 34b have adhesive), and
wherein the immobilizing of the distal end (34b-d) of the abdominal stabilizer (See Annotated Figure 1) on the first back region of the subject comprises using the adhesive to adhere the proximal end to the first back region (see [0111] wherein portions 34b are adhered towards a hip of the user, the proximal end being down toward a first back region of the subject).
Regarding claim 21, Galbierz discloses the method of claim 18 above.
Galbierz further discloses wherein the adhesive is at or near the central region (34a) of the inner surface (see [0110] wherein 34a has adhesive at its inner surface), and
wherein placement of the central region (34a) of the abdominal stabilizer on the subject’s abdomen comprises using the adhesive to adhere the central region on the subject’s abdomen (see [0110] central region 34a is attached using adhesive to the abdomen/panniculus of the user).
Regarding claim 22, Galbierz discloses the method of claim 15 above.
Galbierz further discloses wherein the proximal end and the distal end do not contact one another when wrapped around the abdomen of the subject (See Annotated Figure 1 and then see Figures 15-16 wherein the proximal and distal ends do not contact each other).
Regarding claim 23, Galbierz discloses the method of claim 15 above.
Galbierz further discloses wherein the abdominal stabilizer does not extend beyond the shoulders of the subject when wrapped around the abdomen of the subject (Figures 1-16 and [0110-0114] provide that the abdominal stabilizer will not extend beyond the shoulders of the subject).
Regarding claim 24, Galbierz discloses the method of claim 15 above.
Galbierz further discloses the method is utilized to facilitate a medical procedure (see [0052]).
Regarding claim 25, Galbierz discloses the method of claim 24 above.
Galbierz further discloses wherein the medical procedure is selected from the group consisting of Cesarean section surgery, vaginal delivery, femoral artery surgeries, heart catheter placement, hip replacements, abdominal surgeries, bariatric surgeries, weight loss surgeries, gynecological surgeries, pap smears, spinal surgeries, arterial scope procedures, urological surgeries, vasectomy, cervical procedures, cosmetic surgeries, gallbladder removal, trauma operations, breast reduction, rotator cuff surgery, intravenous stent placement, heart surgery, ultrasounds, kidney stone removal, neck-related medical procedures, imaging, wound care, or combinations thereof (see [0052], wherein the medical procedure may be a C-section, and other procedures of:
“Such procedures include mapping, electrode placement, monitoring, fetal ultrasound or sonography, laparotomies (C-sections, total abdominal hysterectomies, hernias, bowel resections, etc.), incision/wound care, vascular access (e.g., to the femoral artery in the area of the groin), access for nerve block and similar techniques used during anesthesiology and/or for pain management, radiology/oncology, orthopedic and neurological procedures (e.g., spinal taps), plastic surgery (i.e., breast tissue management), ENT procedures, and trauma procedures”).
Regarding claim 26, Galbierz discloses the method of claim 24 above.
Galbierz further discloses the medical procedure comprises Cesarean section surgery (see [0052], wherein the medical procedure may be a C-section).
Regarding claim 27, Galbierz discloses the method of claim 24 above.
Galbierz further discloses a step of implementing the medical procedure (see [0127] that provides the step of completing a medical procedure in the methodology of the invention).
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) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Galbierz (US 20150335322 A1).
Regarding claim 16, Galbierz discloses the invention of claim 15 above.
The embodiment 10 of Galbierz does not explicitly disclose wherein the abdominal stabilizer further comprises a first strap and a second strap positioned above the central region, wherein the method further comprises a step of adhering the first strap and the second strap of the abdominal stabilizer to a chest region of the subject.
However, Galbierz does disclose a first strap 18 (tongue 18) positioned above the central region 34a (See Figure 1) (see [0113]),
wherein the method further comprises a step of adhering the first strap of the abdominal stabilizer to a chest region of the subject (see [0113] strap 18 adhered to the user’s sternum thus chest).
Furthermore, Galbierz teaches an analogous embodiment 710a shape (See Annotated Figure 25) with a substantially similar lower portion with a central region, proximal end, and distal end, wherein the analogous upper portion instead comprises first and second straps (See Annotated Figure 25) for the purposes of alternate shape (see [0151]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided a first and second strap to the embodiment 10 of Galbierz according to the teachings of Galbierz embodiment 710a as a matter of design choice in regards to the alternate shape 710a being a provided alternate structure and shape to the embodiment 10, wherein one of ordinary skill in the art would recognize the first and second straps of embodiment 710a would provide increased surface area for adhering and thus securing to a user (See Annotated Figure 25 and [0151-0153]).
Regarding claim 17, Galbierz discloses the invention of claim 16 above.
Galbierz further teaches the adhering comprises forming an X-shaped structure of the first strap and the second strap on the chest region of the subject (See Annotated Figure 25, wherein the first and second straps form an X-shape with the rest of the abdominal stabilizer shape, see [0113] wherein the top portion of the body of the abdominal stabilizer is adhered to a sternum thus chest of the user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 10292692 B1 (Fountain) – teaches substantially the exact same shape structure of Applicant’s invention
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786