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 .
Election/Restrictions
Applicant’s election without traverse of Species A (claims 1, 2, 6-10,12-14, 17 and 18) in the reply filed on 08/24/2026 is acknowledged.
Claim Rejections - 35 USC § 102
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, 6-7, 12-13 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by SIMMERER (US 20070251007).
Regarding claim 1, SIMMERER discloses a board for thermally regulating the temperature of a patient disposed on the board, the board comprising: a board body (fig.1; cloth 3) including at least two laminate layers (fig.3, see also [0075]), wherein the at least two layers include a first laminate layer and a second laminate layer [0075]; and a temperature regulating apparatus (fig.1; heating element 16) embedded between the first laminate layer and the second laminate layer [0075].
Regarding claim 6, SIMMERER discloses the board of claim 1, wherein the second laminate layer defines a recess (the space defined by the cloth 3 layer to receive heating element 16) dimensioned to receive the temperature regulating apparatus therein (fig.3).
Regarding claim 7, SIMMERER discloses the board of claim 2, wherein the heating element emits thermal radiation when supplied with an electric current [0046].
Regarding claim 12, SIMMERER discloses the board of claim 1, wherein the board body comprises a plurality of handholds peripherally defined in the board body (fig.1; recess 8, see also [0072]); and the plurality of handholds each traverse the board body (fig.1, see also [0072]).
Regarding claim 13, SIMMERER discloses the board of claim 2, wherein the temperature regulating apparatus comprises a substrate; and the heating element is positioned upon or within the substrate ([0036]-[0037]).
Claim Rejections - 35 USC § 103
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.
Claims 2, 8, 10, 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over SIMMERER (US 2007/0251007) in view of Khodak et al. (US 2012/0022620).
Regarding claim 2, 8, 10, 14 and 17, SIMMERER discloses a board for thermally regulating the temperature of a patient disposed on the board (fig.1; cloth 3) , the board comprising: a board body including at least two laminate layers (fig.1, see also [0075]), wherein the at least two layers include a first laminate layer and a second laminate layer [0075]; a temperature regulating apparatus (fig.1; heating element 16) embedded between the first laminate layer and the second laminate layer [0075], wherein the temperature regulating apparatus comprises a heating element [0075]. However, SIMMERER does not disclose heating element comprises a power coupling; and the board selectively and conductively couples to a power source via the power coupling, wherein the heating element comprises a resistive material, and wherein the heating element is configured for: selectively heating at least one of the first laminate layer and the second laminate layer and emitting thermal radiation when supplied with an electric current.
Khodak teaches an apparatus and method for performing warming therapy comprising a resistive material [0035], controller 300 that is configured to selectively activating the at least one heating element, so that the patient is heated to a predetermined level [0016]. Khodak further teaches a controller 300 regulates the electric power supplied to the heating element 260 via power bus bars 262, based on the temperature information provided by the thermocouples 287 and a predetermined mattress temperature [0050]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify the device as taught by SIMMERER with a system that is configured to configured to selectively activating the at least one heating element and regulates the electric power supply as taught by Khodak for the purpose of treating different areas with the desired temperature.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over SIMMERER (US 2007/0251007) in view of STOPPERAN (US 2017/0028196).
Regarding claim 9 and 18, SIMMERER does not teach wherein the resistive material comprises a resistive ink.
STOPPERAN teaches thin heater technologies that can also be utilized for the heating layer 160. An example of one such heater includes polymer resistive inks on plastic film. Resistive inks are printed on plastic films to provide the desired patterns or shapes intended to be applied to the body skin in a desired shape or configuration [0063]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the Application was effectively filed to modify the device as taught by SIMMERER with thin heater technologies that can also be utilized for the heating layer as taught by STOPPERAN to provide the desired patterns or shapes intended to be applied to the body skin in a desired shape or configuration.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/ Primary Examiner, Art Unit 3794
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