DETAILED ACTIONAcknowledgment is made of applicant’s amendment filed 5/18/26.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 § 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.
Claims 1 – 6 and 14 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Drennan et al. (2017/0281073, hereinafter Drennan) in view of Everett et al. (9,778,131, hereinafter Everett). Regarding claim 1, Drennan discloses an apparatus comprising a body 10
having a first surface comprising a high-friction material, the first surface being
configured to adhere to a patient, and a second surface comprising a low-friction
material, a pad 14 housed in the body, the pad being configured to deform in
response to a pressure applied to the body, and a plurality of sensors 22 housed in the
body, the sensors being configured to sense the pressure applied to the body (See Fig.
2, See Pg. 3, Paras. 0045 - 0047 and Pg. 4, Paras. 0048 and 0051). Drennan fails to disclose a wire coupled to at least one sensor of the sensors, the wire extends from the at least one sensor to and past an outer perimeter of the sensor. However, Everett discloses an apparatus comprising a body 20 having surfaces, a pad 32 located in the body, and at least one sensor 40 located in the body, wherein a wire 36 (leads 362, 364 in Fig. 10, wire 436 in Fig. 11) is coupled to and extends from the at least one sensor to and past an outer perimeter of the sensor (See Figs. 1, 10 and 11, See Col. 6, lines 51 – 67, Col. 7, lines 50 – 61, Col. 13, lines 66 – 67 and Col. 14, lines 1 – 7). Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Drennan
according to the teachings of Everett for the purpose of, advantageously providing an
improved device since this type of device is used with accuracy on a variety of
surfaces on an individual's body and which can be used under a variety of conditions
(See Everett, Col. 1, lines 40 - 59).
Regarding claim 2, in Drennan, the body 10 further comprises an insulating material (See Pg. 3, Paras. 0045 - 0047 and Pg. 4, Paras. 0048 and 0051).
Regarding claim 3, in Drennan, the body 10 further comprises a base (62, 78, 118-skin or liner of patient), the second surface is coupled to the base, and the first surface is removably coupled to the base (See Figs. 7, 8 and 10).
Regarding claim 4, in Drennan, the first surface is configured to be adhered to the patient for a predetermined period of time (See Pg. 2, Para. 0045).
Regarding claim 5, in Drennan, the pad 14 comprises a foam that is compressible (See Pg. 3, Para. 0046).
Regarding claim 6, in Drennan, the sensors 22 comprise a patient sensor that detects the pressure applied to the pad and a change in rotational geometry of the pad (See Pg. 4, Paras. 0048, 0059 and 0060).
Regarding claim 14, in Drennan, the pad 14 comprises a foam that is compressible and the sensors 22 comprise a patient sensor that detects the pressure applied to the pad, and a change in rotational geometry of the pad (See Pg. 3, Para. 0046 and Pg. 4, Paras. 0048, 0059 and 0060). Regarding claim 15, in Drennan, the body 10 further comprises an insulating material (See Pg. 3, Paras. 0045 - 0047 and Pg. 4, Paras. 0048 and 0051).
Regarding claim 16, in Drennan, the body 10 further comprises a base (62, 78, 118-skin or liner of patient), the second surface is coupled to the base, and the first surface is removably coupled to the base (See Figs. 7, 8 and 10).
Regarding claim 17, in Drennan, the body 10 is round (See Fig. 2). Regarding claim 18, Drennan fails to disclose that the body is heart shaped.
However, Everett discloses an apparatus comprising a bandage and pressure
data acquisition assembly 211 (See Fig. 8) comprising a bandage (body) 220 having a
heart shape, the bandage including an adhesive portion 226 for adhering to a target
surface of an individual and a pressure sensor 240 (See Col. 6, lines 16 - 39, Col. 7,
lines 12 - 21, Col. 11, lines 20 - 37, Col. 13, lines 15 - 18 and Col. 16, lines 46 - 58).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Drennan
according to the teachings of Everett for the purpose of, advantageously providing an
improved device since this type of device is used with accuracy on a variety of
surfaces on an individual's body and which can be used under a variety of conditions
(See Everett, Col. 1, lines 40 - 59).
Regarding claim 19, in Drenna, the at least one sensor 22 is disposed at a center of the body (See Fig. 2). Regarding claim 20, Drennan fails to disclose that the wire is configured to communicate output data of the at least one sensor. However, in Everett, the wire 36 is configured to communicate output data of the at least one sensor (See Fig. 1, See Col. 6, lines 59 – 65).
Therefore, it would have been obvious to one of ordinary skill in the art before
the effective filing date of the claimed invention was made to modify Drennan
according to the teachings of Everett for the purpose of, advantageously providing an
improved device since this type of device is used with accuracy on a variety of
surfaces on an individual's body and which can be used under a variety of conditions
(See Everett, Col. 1, lines 40 - 59).
Response to Arguments
Applicant’s arguments, on Pg. 11, Paras. 1 and Pg. 12, Paras. 1 and 2, with respect to these claims have been considered but are moot in view of the new grounds of rejection. In response to applicant’s arguments that the references do not disclose a wire that extends from the at least one sensor to and past an outer perimeter of the body, after further consideration, it is the examiner’s position that in Everett, a body 20 comprises surfaces, a pad 32 is located in the body, and at least one sensor 40 is located in the body, wherein a wire 36 (leads 362, 364 in Fig. 10, wire 436 in Fig. 11) is coupled to and extends from the at least one sensor to and past an outer perimeter of the sensor (See Figs. 1, 10 and 11, See Col. 6, lines 51 – 67, Col. 7, lines 50 – 61, Col. 13, lines 66 – 67 and Col. 14, lines 1 – 7), thus the reference still stands.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Brownhill et al. (2020/0214637) disclose positioning of sensors for sensor enabled wound monitoring or therapy. Gowans et al. (CN111093726) disclose a sensor locating wound monitoring or treatment of the implementation of a sensor. Brownhill et al. (2019/0290496) disclose a sensor enabled wound monitoring and therapy apparatus. Zang et al. (CN108403352) disclose an intelligent anti-pressure sore nursing mat. Silver et al. (CN108136192) disclose a dual sensor electrode for providing resuscitation feedback enhanced. Drennan et al. (8,535,246) disclose a system and method of reducing risk and/or severity of pressure ulcers.7. 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 OCTAVIA HOLLINGTON whose telephone number is (571)272-2176. The examiner can normally be reached Monday-Friday 9am-5pm.
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/OCTAVIA HOLLINGTON/Primary Examiner, Art Unit 2855 8/28/26
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