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 Status
A complete action on the merits of claims 1-7 follows below.
Information Disclosure Statement
The information disclosure (IDS) submitted on 12/18/2024 has been considered by the examiner.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-3, and 5-11 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dilligan (2020/0375793) in view of Pachys (5,603,728).
Regarding claim 1, Dilligan teaches a hairloss prevention device for anticancer treatment ([Abstract] cooling a head of a patient), comprising:
a helmet housing (114) having a hemisphere shape with an empty interior configured to be worn on a head of a patient on anticancer treatment;
an air pressure pad installed on an inner surface of the helmet housing (130 inflatable member);
a thermoelement pad (heat exchanger120 may generally comprise fluid channels through which fluid may circulate to remove heat from a patient’s scalp); and
a cooling heat conduction pad installed on an inner surface of the thermoelectric element pad (liner 112…[0002] devices…reducing a temperature of a scalp of a patient. It is the position of the Examiner that the device provides cooling to the scalp and liner 112 therefore has the appropriate thermal conductivity to provide cooling to the scalp through the heat exchanger),
wherein the thermo element pad, and the cooling heat conduction pad are configured to move toward the head by expansion of the air pressure pad to pressurize the head and transfer coldness generated by the thermo element to the head through the cooling heat conduction pad ([0049]).
Dilligan does not teach a heat dissipation pad installed on an inner surface of the air pressure pad. While Dilligan provides for a heat exchanger, it does not specifically teach a thermoelectric element pad installed on an inner surface of the heat dissipation pad and having a plurality of thermoelectric elements.
However, Pachys teaches a device within the same field of invention (scalp cooling/heating apparatus) comprising a heat dissipation pad (Col 4 lines 40-45 Elements 146, 148, 150 and 152 are preferably fabricated from thermal conductive material, for example, aluminum and the like, and are connected to source of fluid 122 for providing a flow of fluid for passage therethrough) and a plurality of thermoelectric elements (thermoelectric elements 132, 134, 136 and 138) installed on an inner surface of the heat dissipation pad.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the heat exchanger with thermoelectric modules to control the temperature of the therapy. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for a heat dissipation pad for the purposes of cooling the heating surface of the thermoelectric elements and providing cooling to the scalp.
Regarding claim 2, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan teaches wherein a check valve is connected to the air pressure pad so that the external air is injected at a constant pressure ([0087] one or more of the fluid conduits may comprise a valve that may be used to control or assist in controlling the inflation pressure).
Regarding claim 3, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan teaches a heat dissipation pipe configured to absorb heat generated from the thermoelectric element and heat-exchange the heat is installed on an inner surface of the heat dissipation pad, and wherein a diameter of an inlet and a diameter of an outlet of the heat dissipation pipe are formed to be the same or different (Col. 4 lines 63-67 inlet line 118 is connected to inlet port 146a and outlet line 120 is connected to outlet port 152b while a tube 154 connects outlet port 146b to inlet port 148a, a lead 156 connects outlet port 148b to inlet port 150a, and a lead 158 connects outlet port 150b to inlet port 152a…It is the position of the Examiner that the diameter of the tubes or lines are either similar or different).
Regarding claim 5, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan is silent about specifically teaching wherein the insulating members are provided between the thermoelectric elements. However, Pachys teaches the thermoelectric elements are spaced apart and the hat 102 further includes inner and outer insulating layers 160 and 162 (Col. 5 line 3, Figs. 2-3). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide for insulating members between the thermoelectric elements to provide for the appropriate thermal therapy to the user.
Regarding claim 6, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan teaches further comprising a temperature sensor configured to detect a temperature of the cooling heat conduction pad ([0011] the one or more sensors may comprise a temperature sensor and a pressure sensor).
Regarding claim 7, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan teaches wherein the helmet housing further comprises a controller and a battery mounting part ([00114] the cooling unit (150) may be compact such that the cooling unit (150) may be portable and enable freedom of movement for the patient. Additionally, in some variations, the cooling unit (150) may comprise a portable power source (e.g., a battery), which may allow a patient to use the cooling system without access to an electrical outlet),
wherein the helmet housing further comprises a power terminal for external power use ([0119) the controller may be separate from the cooling unit (150), for example, in variations in which the controller is a computing device (e.g., a smartphone, tablet, or the like)), an operation part equipped with a power button, a temperature control button , and a timer setting button ([0119] the controller may display a graphical user interface to enable user adjustment of the flow rate and/or temperature of the circulating fluid. In some variations, the controller may provide a user with instructions, via the graphical user interface, to add or remove ice from the reservoir and/or to modify the cooling fluid (e.g., modify the ratio of water to alcohol) to alter the temperature of the cooling fluid. In some variations, the controller may adjust the power to the compressor (152) and/or pump (158) in response to user input received via, e.g., the graphical user interface), and a lighting part configured to display colors according to a temperature of the cooling heat conduction pad , and wherein the lighting part provides a lantern function ([0142] an output device may comprise a display device comprising at least one of a light emitting diode (LED), liquid crystal display (LCD), electroluminescent display (ELD), plasma display panel (PDP), thin film transistor (TFT), organic light emitting diodes (OLED), electronic paper/e-ink display, laser display, and/or holographic display).
While Dilligan is silent about specifically teaching the battering mounting part mounted on an inner surface of the helmet, and the lighting part exposed to an outside surface of the helmet, it would have been obvious to one having ordinary skill in the art at the time the invention was made to provide for a mounting battery part inside the helmet since it provides for a compact configuration and it would be obvious to include the lighting part on the outside of the helmet so that the light is visible to the user and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70
(MPEP 2144.04 (VI-C)).
Regarding claim 8, Dilligan in view of Pachys teaches the limitations of claim 7 as previously rejected above. Dilligan teaches further comprising a remote controller connected to the controller by wire or wirelessly ([0052] In some variations, the cooling cap assemblies may comprise and one or more sensors, which may be communicatively coupled (e.g., wired or wirelessly) to a controller).
Regarding claim 9, Dilligan in view of Pachys teaches the limitations of claim 7 as previously rejected above. Dilligan teaches wherein the controller is configured to control a temperature of the cooling heat conduction pad of 15° C to about 20° C ([0112] the target temperature range for the temperature of a patient's scalp may be from about 3° C. to about 5° C. or from about 16° C. to about 18° C).
Regarding claim 10, Dilligan in view of Pachys teaches the limitations of claim 7 as previously rejected above. Dilligan teaches wherein the controller increases a coldness generation capacity of the thermoelectric elements when the temperature of the cooling heat conduction pad exceeds 20° C and decreases the coldness generation capacity of the thermoelectric element when the temperature of the cooling heat conduction pad is less than 15°C (Col. 5 lines 29-33 When thermometer 126 registers that the temperature of the scalp of the wearer has been cooled through natural convection to approximately 10.degree. C., thermostat control apparatus 128 is operated to maintain this temperature).
Regarding claim 11, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan teaches wherein the hair loss prevention device reduces blood circulation in the head by pressurizing the head by air pressure and by coldness transported to the head before, during, and after anticancer treatment ([0006][0019]).
Claims 4 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dilligan (2020/0375793) in view of Pachys (5,603,728), and further view of Lee (11,382,789).
Regarding claim 4, Dilligan in view of Pachys teaches the limitations of claim 1 as previously rejected above. Dilligan in view of Pachys is silent about specifically teaching wherein a fan is installed at the inlet of the heat dissipation pipe. However, Lee teaches a device within the same field of invention (device for compression and cooling of the skin [Abstract]) comprising a fan (Col. 6 lines 1-4 The heat exchanger unit 230 also includes one or more fans to evacuate heat from the heat exchanger and from the power supply module). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heat dissipation pipe in Dilligan in view of Pachys to include a fan for the purposes of assisting in removing residual heat from the hot side of the thermoelectric modules.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YASAMIN EKRAMI whose telephone number is (571)272-9803. The examiner can normally be reached 9:00-5:00.
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/Y.E/Examiner, Art Unit 3794
/KAITLYN E SMITH/Primary Examiner, Art Unit 3794
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