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 § 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.
Claim(s) 15-20 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15 recites the limitation "overhang" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 19, the term “overhang” in line 2 is previously introduced in claim 15. It is unclear whether or not these refer to the same limitation.
Claims 16-18, 20 are rejected as being dependent on a rejected base 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) 1-6, 8-13, 15-19 is/are rejected under 35 U.S.C. 102(a)(1) as being unpatentable over Matuszewski (US Pub. 6,139,486).
Regarding claim 1, Matuszewski discloses a therapeutic device for an animal comprising:
a flexible compress member (Fig. 1, sheath 4) having a plurality of wells (Fig. 3, pockets 16);
wherein each of the plurality of wells comprises a plurality of sidewalls and a bottom portion (See Fig. 3);
wherein each of the plurality of wells comprises a first internal volume and an open area provided at an upper end of each well (Fig. 3, pockets 16);
a plurality of modules, wherein each of the plurality of modules is operable to be provided within the first internal volume of a well (Fig. 3, magnetic gel packet 24);
wherein each of the modules comprises an upper end, a lower end, a plurality of sidewalls and a second internal volume, the second internal volume being less than the first internal volume (The packets fit within the sheaths and are therefore smaller);
wherein at least one of the plurality of modules comprises a magnet provided within the second internal volume (Col. 2, lines 36-37: “In one embodiment, each of the gel packets includes a ferrite based, rare earth material flexible magnet therein”);
and wherein the device is operable to act as a heating or cooling agent for an animal body part (Col. 6, line 64 – col. 7, line 3: “Alternatively, the entire device, or the gel packets alone, may be heated prior to use, when heat therapy is desired. Similarly, in an embodiment that provides for separate gel packets and magnets, individual components may be either heated or cooled prior to use, and may be used separately or in combination with each other”).
Regarding claim 2, Matuszewski discloses wherein the plurality of wells are arranged in a rectangular grid (See Fig. 1), and wherein the at least one module that comprises a magnet is positioned in a well along one or both short edges of the rectangular grid such that when the flexible compress is wrapped around the animal body part, the short edges overlap and attach using the magnet (Fig. 1, magnetic packets can be placed in any of the sheaths and depending on the size of the animal appendage can overlap. Col. 4, lines 17-22: “In a first embodiment, illustrated in FIGS. 1 and 2, a device, constructed in accordance with the present invention is designed specifically, but 20 not limited to use on the foot, ankle, shin, knee, thigh, leg, hand, wrist, forearm, elbow and arm, including but not limited to humans, dogs, cats and horses”).
Regarding claim 3, Matuszewski discloses wherein the plurality of sidewalls of each module tapers towards the upper end and/or the lower end of each module (Fig. 8, the width of packet 28 tapers downwards).
Regarding claim 4, Matuszewski discloses wherein edges along the upper end and/or the lower end of each module are beveled (Fig. 8, the bottom corners of the packet 28 appear to be beveled).
Regarding claim 5, Matuszewski discloses a strap to secure the flexible compress around the animal body part (Fig. 1, strap 56).
Regarding claim 6, Matuszewski discloses wherein the upper end of each well comprises an overhang extending at least partially around the open area and wherein the overhang provides a restriction at the upper end of each well (Fig. 2, the opening of the interior is capable of being shaped or folded to prevent the packet from falling out), and wherein the overhang comprises at least one of a flexible and an elastic component that is operable to selectively receive and at least partially secure a module by extending over a portion of the module (Abstract, line 1-4: “An apparatus for applying magnetic and cold therapy to an affected body part includes a stretch type flexible sheath capable of being secured about an injured portion of tissue, one or more packets provided in the interior of the sheath”).
Regarding claim 8, Matuszewski discloses a therapeutic device for an animal comprising:
a flexible compress member (Fig. 1, sheath 4) having a plurality of wells; wherein each of the plurality of wells comprises a plurality of sidewalls defining a first internal volume (Fig. 3, pockets 16);
a plurality of modules, wherein each of the plurality of modules is operable to be provided within the first internal volume of a well (Fig. 3, magnetic gel packet 24);
wherein each of the modules comprise a second internal volume, the second internal volume being less than the first internal volume (The packets fit within the pockets and are therefore smaller);
wherein one or more of the plurality of modules includes a magnet within the second internal volume (Col. 2, lines 36-37: “In one embodiment, each of the gel packets includes a ferrite based, rare earth material flexible magnet therein”);
and wherein the device is operable to act as a heating or cooling agent for an animal body part (Col. 6, line 64 – col. 7, line 3: “Alternatively, the entire device, or the gel packets alone, may be heated prior to use, when heat therapy is desired. Similarly, in an embodiment that provides for separate gel packets and magnets, individual components may be either heated or cooled prior to use, and may be used separately or in combination with each other”).
Regarding claim 9, Matuszewski discloses wherein the plurality of wells are arranged in a rectangular grid (See Fig. 1), and wherein modules that include the magnet are positioned in wells along one or both short edges of the rectangular grid such that when the flexible compress is wrapped around the animal body part, the short edges overlap and attach using the magnet (Fig. 1, magnetic packets can be placed in any of the sheaths and depending on the size of the animal appendage can overlap. Col. 4, lines 17-22: “In a first embodiment, illustrated in FIGS. 1 and 2, a device, constructed in accordance with the present invention is designed specifically, but 20 not limited to use on the foot, ankle, shin, knee, thigh, leg, hand, wrist, forearm, elbow and arm, including but not limited to humans, dogs, cats and horses”).
Regarding claim 10, Matuszewski discloses wherein sidewalls of each module tapers towards an upper end and/or a lower end of each module (Fig. 8, the width of packet 28 tapers downwards).
Regarding claim 11, Matuszewski discloses wherein edges along the upper end and/or the lower end of each module are beveled (Fig. 8, the bottom corners of the packet 28 appear to be beveled).
Regarding claim 12, Matuszewski discloses a strap to secure the flexible compress around the animal body part (Fig. 1, strap 56).
Regarding claim 13, Matuszewski discloses wherein an upper end of each well comprises an overhang, the overhang extending substantially perpendicular to the plurality of sidewalls (Fig. 2, the opening of the interior is capable of being shaped or folded to prevent the packet from falling out), and wherein the overhang comprises at least one of a flexible and an elastic component that is operable to selectively receive and at least partially secure a module by extending over a portion of the module (Abstract, line 1-4: “An apparatus for applying magnetic and cold therapy to an affected body part includes a stretch type flexible sheath capable of being secured about an injured portion of tissue, one or more packets provided in the interior of the sheath”).
Regarding claim 15, Matuszewski discloses a therapeutic device for an animal comprising:
a flexible member (Fig. 1, sheath 4) having a plurality of wells (Fig. 3, pockets 16) arranged in a rectangular grid (See Fig. 1);
wherein each of the plurality of wells comprises a plurality of sidewalls, an upper end, and a bottom portion (Fig. 3, pockets 16 have an interior portion with three-dimensional geometry), wherein the overhang provides a restriction at the upper end of each well (Fig. 2, the opening of the interior is capable of being shaped or folded to prevent the packet from falling out);
wherein each of the plurality of wells comprises a first internal volume (Fig. 3, pockets 16 has an interior portion with three-dimensional geometry);
a plurality of modules each operable to be provided within a well (Fig. 3, magnetic gel packet 24);
wherein each of the modules has an upper end, a lower end, a plurality of sidewalls and a second internal volume, the second internal volume being less than the first internal volume (The packets fit within the sheaths and are therefore smaller);
wherein one or more modules of the plurality of modules includes a magnet within the second internal volume (Col. 2, lines 36-37: “In one embodiment, each of the gel packets includes a ferrite based, rare earth material flexible magnet therein”);
and wherein the device is operable to act as a heating or cooling agent for an animal body part (Col. 6, line 64 – col. 7, line 3: “Alternatively, the entire device, or the gel packets alone, may be heated prior to use, when heat therapy is desired. Similarly, in an embodiment that provides for separate gel packets and magnets, individual components may be either heated or cooled prior to use, and may be used separately or in combination with each other”).
Regarding claim 16, Matuszewski discloses wherein the plurality of sidewalls of each module taper towards the upper end and/or the lower end (Fig. 8, the width of packet 28 tapers downwards).
Regarding claim 17, Matuszewski discloses wherein edges along the upper end and/or the lower end of each module are beveled (Fig. 8, the bottom corners of the packet 28 appear to be beveled).
Regarding claim 18, Matuszewski discloses a strap to secure the flexible compress around the animal body part (Fig. 1, strap 56).
Regarding claim 19, Matuszewski discloses an overhang provided proximal to the upper end of each well (Fig. 2, the opening of the interior is capable of being shaped or folded to prevent the packet from falling out), wherein the overhang comprises at least one of a flexible and an elastic component that is operable to selectively receive and at least partially secure a module by extending over a portion of the module (Abstract, line 1-4: “An apparatus for applying magnetic and cold therapy to an affected body part includes a stretch type flexible sheath capable of being secured about an injured portion of tissue, one or more packets provided in the interior of the sheath”).
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.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matuszewski (US Pub. 6,139,486) in view of Mahler (US Pub. 2016/0008167 A1).
Regarding claim 7, Matuszewski discloses the claimed invention except for as taught by Mahler, similarly drawn to a cryotherapy device, wherein at least one of the plurality of modules comprises silicone rubber or polyethylene (Pg. 3, [0067]: “The insert 9 is a flexible pouch which is delimited by a leaktight peripheral wall 9a made of silicone and defining a chamber 9b filled with a gel of thermal material 9c that is able to maintain a temperature”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the therapeutic device for an animal of Matuzweski to include the silicone insert of Mahler to maintain flexibility at low temperatures.
Claim(s) 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matuszewski (US Pub. 6,139,486).
Regarding claim 14, Matuszewski discloses the claimed invention except for wherein the plurality of modules comprises silicone rubber cubes or polyethylene cubes. It would have been an obvious matter of design choice to make modules out of a plurality of rubber cubes to increase the modularity of the modules. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 20, Matuszewski discloses the claimed invention except for wherein each module comprises a silicone rubber cube or a polyethylene cube. It would have been an obvious matter of design choice to make modules out of a plurality of rubber cubes to increase the modularity of the modules. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631