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 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 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.
Claims 1-2, 6-7 and 12-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyndman (EP 0 537 383 A1).
Regarding claim 1, Hyndman discloses (Figure 2) a compression device (1) used on the finger (Abstract) (Figure 2) that is fully capable in freeing a ring trapped on a digit, the compression device comprising: an outer body (2) extending from a body proximal portion having a body proximal end to a body distal portion having a body distal end (Figure 2), the outer body comprising: a digit cavity (space inside outer body 2 where finger 4 is inserted as shown in Figure 2) extending from a cavity proximal opening at the body proximal end (Figure 2), and a fluid inlet (7); and a bladder (3) including a bladder intermediate portion joining a bladder proximal portion to a bladder distal portion (Figure 2), the bladder intermediate portion located inside the digit cavity (Figure 2), and a user feedback device (5, 6, 10 and monitor to visualize the light detector signal or plethysmogram of the finger cuff as shown in Figure 3 that is connected to the infrared light source 5 and the infrared light detector 6 via electrical cable 10) connected to the outer body (Figure 2) (Col. 2, lines 1-23 and Col. 4, lines 1-53), the user feedback device providing a visual indicia of progress in a digit compression procedure (Figure 3) (Col. 2, lines 1-23 and Col. 4, lines 1-53). [Since Hyndman discloses all of the structural elements in the same arrangement as claimed including a compression device used on the finger, then Hyndman would be fully capable in freeing a ring trapped on a digit]
Regarding claim 2, wherein the bladder proximal portion overlies the body proximal end, and the bladder distal portion overlies the body distal end (clearly shown in Figure 2) (Col. 3, lines 34-57).
Regarding claim 6, further comprising a proximal bladder engagement member (proximal O-ring 13 as shown in Figure 2) and a distal bladder engagement member (distal O-ring 13 as shown in Figure 2), each of the proximal and distal bladder engagement members engageable with the outer body (clearly shown in Figure 2) (Col. 3, lines 34-57), each bladder engagement member, when engaged, compressing a respective one of the bladder proximal portion and the bladder distal portion against the outer body to provide a fluid tight seal between the bladder and the outer body (clearly shown in Figure 2) (Col. 3, lines 34-57).
Regarding claim 7, wherein: each of the bladder proximal portion and the bladder distal portion is folded over an exterior surface of the outer body (clearly shown in Figure 2) (Col. 3, lines 34-57).
Regarding claim 12, Hyndman discloses (Figure 2) a compression device (1) used on the finger (Abstract) (Figure 2) that is fully capable in freeing a ring trapped on a digit, the compression device comprising: an outer body (2) extending from a body proximal portion having a body proximal end to a body distal portion having a body distal end (Figure 2), the outer body comprising: a digit cavity (space inside outer body 2 where finger 4 is inserted as shown in Figure 2) extending from a cavity proximal opening at the body proximal end (Figure 2), and a fluid inlet (7); one or more bladder engagement members (13) connectable to the outer body and a user feedback device (5, 6, 10 and monitor to visualize the light detector signal or plethysmogram of the finger cuff as shown in Figure 3 that is connected to the infrared light source 5 and the infrared light detector 6 via electrical cable 10) connected to the outer body (Figure 2) (Col. 2, lines 1-23 and Col. 4, lines 1-53), the user feedback device providing a visual indicia of progress in a digit compression procedure (Figure 3) (Col. 2, lines 1-23 and Col. 4, lines 1-53). [Since Hyndman discloses all of the structural elements in the same arrangement as claimed including a compression device used on the finger, then Hyndman would be fully capable in freeing a ring trapped on a digit]
Regarding claim 13, wherein: each bladder engagement member, when engaged, overlies a respective portion of the outer body (clearly shown in Figure 2).
Regarding claim 14, wherein: each bladder engagement member comprises a gasket that is compressed when the bladder engagement member is engaged with the outer body (clearly shown in Figure 2).
Regarding claim 15, wherein: each bladder engagement member (13) comprises a removable end cap (clearly shown in Figure 2) [Since the compression device 1 including the bladder engagement members 13 are removed from the finger after use, then this will result in the bladder engagement members to be considered a removable end cap].
Regarding claim 16, Hyndman discloses (Figure 2) a compression device (1) used on the finger (Abstract) (Figure 2) that is fully capable in freeing a ring trapped on a digit, the compression device comprising: an outer body (2) extending from a body proximal portion having a body proximal end to a body distal portion having a body distal end (Figure 2), the outer body comprising: a digit cavity (space inside outer body 2 where finger 4 is inserted as shown in Figure 2) extending from a cavity proximal opening at the body proximal end (Figure 2), and a fluid inlet (7); one or more disengageable bladder connectors (13) [Since the compression device 1 including the bladder connectors 13 disengage from the finger after use, then this will result in the bladder connectors 13 to be considered disengageable bladder connectors] and a user feedback device (5, 6, 10 and monitor to visualize the light detector signal or plethysmogram of the finger cuff as shown in Figure 3 that is connected to the infrared light source 5 and the infrared light detector 6 via electrical cable 10) connected to the outer body (Figure 2) (Col. 2, lines 1-23 and Col. 4, lines 1-53), the user feedback device providing a visual indicia of progress in a digit compression procedure (Figure 3) (Col. 2, lines 1-23 and Col. 4, lines 1-53). [Since Hyndman discloses all of the structural elements in the same arrangement as claimed including a compression device used on the finger, then Hyndman would be fully capable in freeing a ring trapped on a digit]
Regarding claim 17, wherein: each disengageable bladder connector, when engaged, overlies a respective portion of the outer body (clearly shown in Figure 2).
Regarding claim 18, wherein: each disengageable bladder connector comprises a gasket that is compressed when the bladder engagement member is engaged with the outer body (clearly shown in Figure 2).
Regarding claim 19, wherein: each bladder engagement member (7,11) comprises a removable end cap (7) [Since the compression device 1 including the end cap 7 are removed from the finger after use, then this will result in the end cap 7 to be considered a removable end cap].
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 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 of this title, 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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hyndman (EP 0 537 383 A1) as applied to claim 1 above, and further in view of Lampropoulos (US Pub No. 2018/0014832).
Regarding claims 8-10, Hyndman discloses the invention of claim 1 above except for a valve located upstream of the inflation chamber, the valve being openable to admit pressurized fluid into the inflation chamber, and sealable to seal pressurized fluid in the inflation chamber; wherein: the valve is part of a fluid conduit connector that provides connectivity for an upstream pressurized fluid supply conduit, and the valve is sealable when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit and wherein: the valve automatically seals when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit.
Lampropoulos, in the analogous art of compression devices, teaches (Figures 1-2) a radial artery compression device (100) that includes a valve (140) located upstream of the inflation chamber (126) (Paragraphs 0027 and 0043), the valve being openable to admit pressurized fluid into the inflation chamber (Paragraphs 0027 and 0043), and sealable to seal pressurized fluid in the inflation chamber (Paragraphs 0027 and 0043); wherein: the valve is part of a fluid conduit connector (135) (Figures 1-2) that provides connectivity for an upstream pressurized fluid supply conduit (Paragraphs 0027 and 0043), and the valve is sealable when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit (Paragraphs 0027 and 0043) and wherein: the valve automatically seals when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit (Paragraphs 0027 and 0043). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Hyndman to have a valve located upstream of the inflation chamber, the valve being openable to admit pressurized fluid into the inflation chamber, and sealable to seal pressurized fluid in the inflation chamber; wherein: the valve is part of a fluid conduit connector that provides connectivity for an upstream pressurized fluid supply conduit, and the valve is sealable when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit and wherein: the valve automatically seals when the fluid conduit connector is disconnected from the upstream pressurized fluid supply conduit as taught by Lampropoulos, in order to allow fluid to flow through the valve when the valve is coupled to an inflation device, and prevent fluid flow through the valve when the valve is not coupled to the inflation device (Lampropoulos, Paragraphs 0027 and 0043).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Hyndman (EP 0 537 383 A1) as applied to claim 1 above, and further in view of Spickermann (US Pub No. 2018/0250018).
Regarding claim 11, Hyndman discloses the invention of claim 1 above except for a controller having one or more processors, and memory storing computer readable instructions that when executed by the one or more processors configure the one or more processors to collectively: direct a fluid source to supply fluid through the fluid inlet into the inflation chamber, while directing the fluid source to supply fluid, receive signals indicative of a fluid pressure in the inflation chamber, and direct the fluid source to slow or stop supplying fluid into the inflation chamber in response to determining that the fluid pressure in the inflation chamber has reached a predetermined target pressure.
Spickermann, in the analogous art of compression devices, teaches (Figures 1-8) a compression device (100) that includes a controller (104) (Figure 1a) having one or more processors (700) (Figure 7) (Paragraph 0094), and memory storing computer readable instructions (106) (Figure 7) (Paragraph 0094) that when executed by the one or more processors configure the one or more processors to collectively: direct a fluid source to supply fluid through the fluid inlet into the inflation chamber (Paragraphs 0085-0087 and 0094), while directing the fluid source to supply fluid, receive signals indicative of a fluid pressure in the inflation chamber (Paragraphs 0050, 0051, 0085-0087 and 0094), and direct the fluid source to slow or stop supplying fluid into the inflation chamber in response to determining that the fluid pressure in the inflation chamber has reached a predetermined target pressure (Paragraphs 0050, 0051, 0085-0087 and 0094). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Hyndman to have a controller having one or more processors, and memory storing computer readable instructions that when executed by the one or more processors configure the one or more processors to collectively: direct a fluid source to supply fluid through the fluid inlet into the inflation chamber, while directing the fluid source to supply fluid, receive signals indicative of a fluid pressure in the inflation chamber, and direct the fluid source to slow or stop supplying fluid into the inflation chamber in response to determining that the fluid pressure in the inflation chamber has reached a predetermined target pressure as taught by Spickermann, in order to safely regulate the fluid entering and exiting the inflation chamber (Spickermann, Paragraphs 0050, 0051, 0085-0087 and 0094).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 10,702,282. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are fully contained within the claim of the patent application.
Claims
18/795,535
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
Claims
Patent 10,702,282
1, 12
2
3
4
5
6,7
8
9
10
11
13
1, 3, 12
2
6, 7
4
1, 3, 12
2
6, 7
4
Allowable Subject Matter
Claims 3-5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and also, if they overcome the double patenting rejection set forth in this Office Action.
The following is an examiner’s statement of reasons for indicating allowable subject matter in the dependent claims:
The prior art of record fails to disclose or render obvious the combination of features as claimed. In particular, the prior art of record fails to disclose at least one bladder engagement member that is releasably engageable with the outer body, each bladder engagement member, when engaged, compressing at least one of the bladder proximal portion and the bladder distal portion against the outer body to provide a fluid tight seal between the bladder and the outer body (claim 3).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAJID JAMIALAHMADI whose telephone number is (571) 270-0172. The examiner can normally be reached on Monday-Friday 7am-5pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Darwin Erezo can be reached on (571) 272-4695. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAJID JAMIALAHMADI/Primary Examiner, Art Unit 3771