DETAILED ACTIONNotice 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 .
Election/Restrictions
Applicant’s election without traverse of Species IV: Figs. 19-20 in the reply filed on 12/31/25 is acknowledged.
Claims 7 – 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/31/25.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show pad 408, sensor system 420, belt sensors 322 and belt pad 324, as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1 – 6, 14 – 17 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Drennan et al. (2017/0281073, hereinafter Drennan).
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).
Regarding claim 2, the body 10 further comprises an insulating material (See Pg. 3, Paras. 0045 – 0047 and Pg. 4, Paras. 0048 and 0051).
Regarding claim 3, 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, 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, the pad 14 comprises a foam that is compressible (See Pg. 3, Para. 0046). Regarding claim 6, 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, 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, the body 10 further comprises an insulating material (See Pg. 3, Paras. 0045 – 0047 and Pg. 4, Paras. 0048 and 0051).
Regarding claim 16, 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, the body 10 is round (See Fig. 2). Regarding claim 19, at least one of the sensors 22 is disposed at a center of the body (See Fig. 2).
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. 9. 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 18 is rejected under 35 U.S.C. 103 as being unpatentable over Drennan
(2017/0281073) in view of Everett et al. (9,778,131, hereinafter Everett).
Regarding claim 18, 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 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).11. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Drennan
in view of Al-Ali et al. (10,448,844, hereinafter Al-Ali).
Regarding claim 20, Drennan fails to disclose that at least one of the sensors comprises a wire configured to extend from the at least one sensor across the body. However, Al-Ali discloses a method and apparatus comprising a patient monitoring system 100 having a body 102 that is worn by the patient and that includes a sensor 220 having a flexible wire that extends from the sensor across the body (See Figs. 1A, 2B, 3A, Col. 8, lines 61 – 66 and Col. 21, lines 41 – 50).
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 Al-Ali for the purpose of, advantageously providing an implanted medical device having pressure sensors since these types of devices can monitor and provide therapy to a patient’s heart (See Al-Ali, Col. 8, lines 36 – 43).
Conclusion
12. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
13. Ponsi et al. (12,409,086) disclose a method and device for turning and positioning a patient using fillable chambers. Kane et al. (2018/0117341) disclose an implantable medical device with a pressure sensor. Parikh et al. (12,109,160) disclose an apparatus for turning and positioning a patient with sensor elements and methods of use thereof. Fowler et al. (11,213,447) disclose an apparatus and system for turning and positioning a patient. Kumar et al. (JP2018531642) disclose a wearable device. Lee et al. (2018/0103874) disclose systems and methods for patient fall detection. Mazar et al. (CN107530009) disclose a patient wearable sensor assembly. Ponsi et al. (9,414,977) disclose an apparatus and system for turning and positioning a patient. Poliakine-Baruchi et al. (2015/0045630) disclose a pressure monitoring system and method. Gusakov (5,184,112) discloses a bed patient position monitor.14. 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 2/20/26