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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/20/2024 is being considered by the examiner.
Claim Objections
Claim 1, 4, 11, and 14 are objected to because of the following informalities: In claims 1, 4, 11, and 14, “measureable” should be measurable. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
In claim 1, “data processing unit” is a generic placeholder for “means” followed by the function “receive user-specific data comprising at least temperature indications (t1) ….” In reviewing the specification, data processing unit 30 performs the claimed function and has “processing devices being realized as microprocessors, microcontrollers, digital signal processors, programmable logic chips etc.” Specification at par. [0095]. Accordingly, “data processing unit” will be interpreted as data processing unit 30 and equivalents thereof.
In claim 1, “cooling unit” is a generic placeholder for “means” followed by the function “a cooling fluid (201) is delivered into the cabin and distributed inside the cabin.” In reviewing the specification, cooling unit 20 performs the claimed function and “comprises a heat exchanger device 21 and at least one blower device 23.” Specification at par. [0069]. Accordingly, “cooling unit” will be interpreted as cooling unit 20 and equivalents thereof.
In claim 11, “data processing unit” is a generic placeholder for “means” followed by the function “receiving (501) … user-specific data comprising at least temperature indications (t1)….” In reviewing the specification, data processing unit 30 performs the claimed function and has “processing devices being realized as microprocessors, microcontrollers, digital signal processors, programmable logic chips etc.” Specification at par. [0095]. Accordingly, “data processing unit” will be interpreted as data processing unit 30 and equivalents thereof.
In claim 11, “cooling unit” is a generic placeholder for “means” followed by the function “cooling fluid is delivered into the cabin via the cooling unit (20) and recirculated inside said cabin by fluid circulation units (21).” In reviewing the specification, cooling unit 20 performs the claimed function and “comprises a heat exchanger device 21 and at least one blower device 23.” Specification at par. [0069]. Accordingly, “cooling unit” will be interpreted as cooling unit 20 and equivalents thereof.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f), they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 2, 6, 9, and 12 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.
In claims 2 and 12, the phrase “preferably” and the recitation of two temperature ranges in each of the claims render the claims indefinite because it is unclear which temperature range is actually being claimed.
In claim 6, the phrases "such as" and “preferably” render the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
In claim 9, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 15 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because claim 15 is directed to a “computer program product” without positively reciting any structural features. “Products that do not have a physical or tangible form, such as … a computer program per se (often referred to as "software per se") when claimed as a product without any structural recitations” are not directed to a statutory category. See MPEP § 2106.03.I (“a product claim to a software program that does not also contain at least one structural limitation … has no physical or tangible form, and [] does not fall within any statutory category.”). Here, claim 15 is directed to non-statutory subject matter. See MPEP § 2106.03.I. The claim should recite a structure such as a non-transitory storage device. See MPEP § 2106.03. It is unclear if the specification provides support for a non-transitory storage device. Accordingly, Applicant should identify the support in the specification for any amendments made to claim 15.
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.
Claims 1-3, 5-13, and 15 are rejected under 35 U.S.C. 102(a1) as being anticipated by International Publication No. WO2020260347 to Martins et al. (“Martins”). Martins was submitted by Applicant in the IDS of 08/20/2024.
Regarding claim 1:
An electrically operated cryocabin arrangement (100) (Martins discloses a cryocabin arrangement that is electrically operated. Martins at p.4, line 12, and Fig. 1A.) comprising
an open-top cabin (10) (Martins discloses that the cryocabin is an open-top cabin. Martins at p.4, line 12, and Fig. 2A.) with
a number of thermal sensor arrays (13) arranged at different heights along an internal perimeter of the cabin (Martins discloses a plurality of sensor devices 16 disposed at different heights along the internal perimeter of the cabin. Martins at p.10, lines 23-31, and Fig. 3A.),
a number of cooling units (20) (Martin discloses a cooling unit 20. Martins at p. 8, lines 25-31 and Fig. 2A.), and
a data processing unit (30) (Martins discloses a data processing unit 41. Martins at page 10, lines 15-31, and Fig. 1B.),
wherein the data processing unit is configured to receive user-specific data comprising at least temperature indications (t1) measureable at skin surface of a user by the thermal sensor arrays (13) throughout an operation cycle, during which cycle a cooling fluid (201) is delivered into the cabin and distributed inside the cabin via the cooling units (20) (Martins discloses that the data processing unit 41 is configured to receive user-specific data that includes at least temperature indications measurable at the skin. Martins at p. 13, lines 5-23.), and
based on said user-specific data, to selectively adjust variables related to distribution of the cooling fluid (201) inside the cabin to a predetermined level, said variables being at least a flow velocity (V) of a cooling fluid stream and/or a temperature (t2) of the cooling fluid (Martins discloses that at least the flow speed of cooling fluids 201 and 301 is adjusted based on the user-specific data. Martins at p. 13, lines 17-23.),
wherein the cooling fluid distribution variables are adjusted to reach the values, at which temperature indications (t1) measureable at the user skin surface are within a range of about 0 degree Celsius (° C.) to about 20° C. (Martins discloses adjusting cooling fluid distribution related variables such that the temperature at the skin surface is within a range of -1 °C to 0 °C. Martins at p. 13, line 30, to p. 14, line 5.) , and
wherein adjustment is performed in real time, continuously throughout the operation cycle (Martins discloses that the adjustments are made in real time and continuously. Martins at p. 4, lines 28-30, and p. 11, lines 21-26.).
Regarding claim 2: The cryocabin arrangement of claim 1,
wherein the temperature (t2) of the cooling fluid distributed inside the cabin (10) is adjusted to a temperature value equal to or above about −60° C., preferably, to the temperature value within a range of between about −60° C. to about −15° C. (Martins discloses that the temperature of the cooling fluid distributed inside the cabin is within -28 °C to -30 °C. Martins at p. 14, lines 25-27; see also claim 4.).
Regarding claim 3: The cryocabin arrangement of claim 1,
wherein the flow velocity (V) of the cooling fluid stream distributed inside the cabin is adjusted to a range of between about 1-15 m/s (Martins discloses that fluid stream 201 is about 2 m/s and that fluid stream 301 can be adjusted to within a range of 15-20 m/s. Martins at p. 10, lines 11-14, and p. 14, lines 25-31.).
Regarding claim 5: The cryocabin arrangement of claim 1,
wherein the data processing unit (30) is further configured to combine the user-specific temperature measurement data (t1) obtainable continuously throughout the operation cycle with a supplementary user-specific data selected from the group consisting of: height, weight, age, and gender, and inputted into the processing unit before the beginning of the operating cycle (Martins discloses other external input data such as height, weight, age, and gender can be combined with the measurement data. Martins at p. 11, lines 16-20.).
Regarding claim 6: The cryocabin arrangement of claim 1,
wherein the cooling unit (20) comprises a heat exchanger device (21), such as a heat exchanger evaporator device, and at least one blower device (23) configured to deliver, distribute, and preferably recirculate the cooling fluid inside the cabin (Martins discloses that cooling unit 20 includes at least one heat-exchange. Martins at p. 8, lines 25-31.).
Regarding claim 7: The cryocabin arrangement of claim 1,
in which recirculation of the cooling fluid is enabled between the cooling units (20) and the cabin (10) in a substantially closed-loop cycle (Martins discloses that each circulation unit 30 recirculates fluid streams 301 back to the cabin (“substantially closed-loop cycle”). Martins at p. 9, lines 26-32 and Figs. 3B and 4.).
Regarding claim 8: The cryocabin arrangement of claim 1,
wherein the cooling fluid is air (Martins at p. 4, line3.).
Regarding claim 9: The cryocabin arrangement of claim 1,
wherein the thermal sensor arrays (13) are infrared sensor arrays, such as thermopiles (Martins at p. 10, lines 32-33.).
Regarding claim 10: The cryocabin arrangement of claim 1,
wherein the cabin (10) further comprises a removable top cover (14) with a neck collar portion (Figs. 2B and 3A show that the ring-shaped support for spot-light devices 13 is disposed around the head of user (“neck collar portion”) and can be removed.)
Regarding claim 11:
A computer-implemented method (500) for operating a cryocabin arrangement (100) comprising an open-top cabin (10) with a number of thermal sensor arrays (13) arranged at different heights along an internal perimeter of the cabin, a number of cooling units (20), and a data processing unit (30) (Martins discloses a method 500 for operating a cryocabin arrangement. Martins at p. 13 and Fig. 1B. Please see claim 1 for an analysis of the remining features.), the method comprises:
receiving (501), into the data processing unit (30), user-specific data comprising at least temperature indications (t1) non-invasively measured from skin surface of a user by the thermal sensor arrays (13) in a contactless manner (Martins discloses the data processing unit 41 is configured to receive user-specific data that includes at least temperature indications measurable at the skin. Martins at p. 13, lines 5-23. Martins discloses using infrared sensors (non-invasive and contactless). Martins at p. 10, lines 32-33.),
processing (502) the user-specific measurement data in the data processing unit (30), and based on processed user-specific measurement data, generating (503), in the data processing unit (30), an output signal or a series of output signals configured, when transmitted to the cooling units (20), to selectively adjust variables related to distribution of a cooling fluid (201) inside the cabin to a predetermined level, said variables being at least a flow velocity (V) of a cooling fluid stream and/or a temperature (t2) of the cooling fluid (Martins discloses processing the user-specific data in the processing unit 41 and selectively adjusting at least the flow speed of cooling fluids 201 and 301 based on the user-specific data. Martins at p. 13, lines 5-23.),
wherein the output signal(s) generated by the data processing unit (30) is/are configured to selectively adjust cooling fluid distribution variables to reach the values, at which temperature indications (t1) measureable at the user skin surface are within a range of about 0° C. to about 20° C. (Martins at p. 13, line 17, to p. 14, line 5.), and
wherein the method steps (501), (502) and (503) are performed in real time, continuously throughout an entire operation cycle, during which cycle the cooling fluid is delivered into the cabin via the cooling unit (20) and recirculated inside said cabin by fluid circulation units (21) (Martins discloses that the adjustments are made in real time and continuously. Martins at p. 4, lines 28-30, and p. 11, lines 21-26.).
Regarding claim 12: The method of claim 11,
in which the temperature (t2) of the cooling fluid distributed inside the cabin (10) is adjusted to a temperature value equal to or above about −60° C., preferably, to the temperature value within a range of between about −60° C. to about −15° C., and wherein the flow velocity (V) of the cooling fluid stream distributed inside the cabin is adjusted to a range of between about 1-15 m/s (Please see analysis in claims 2 and 3.).
Regarding claim 13: The method of claim 11,
further comprising inputting into the data processing unit (30) supplementary user-specific data selected from the group consisting of: height, weight, age, and gender, before the beginning of the operating cycle, and optionally combining said supplementary user specific data with the user-specific temperature measurement data (t1) obtainable during the operation cycle (Please see analysis in claim 5.).
Regarding claim 15:
A computer program product adapted to perform the method of claim 11 (Martins at p. 12, lines 6-20.).
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.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Martins in view of U.S. Patent Application Publication No. 2020/0375647 to Alphandery et al. (“Alphandery”).
Regarding claim 4: The cryocabin arrangement of claim 1,
wherein the processing unit (30) is configured to terminate the operating cycle automatically when a desired temperature value (t1) measureable at the user skin surface has been achieved (Martins discloses it is desirable to develop new concepts for controlling “temperature related parameters inside a cryocabin in a user-specific manner” in part because “some body regions are generally more cold-sensitive than the others (local sensitivity) [and] [d]uring a standard whole body cryotherapy session, such patient is subjected to the risk of cold injury.” Martins at p. 2, lines 26-37. However, Martins does not explicitly disclose automatically terminating operation when the desired temperature value has been achieved. In a same field of endeavor, cryotherapy (and thus analogous art), Alphandery discloses a cryo-system that can be configured such that the “temperature of the temperature adjuster stops varying or varies less when the desired or cooling temperature is reached.” Alphandery at par. [1328]. It would have been obvious and one skilled in the art would have been motivated to automatically stop varying the temperature once it reaches the desired temperature in order to mitigate the “risk of cold injury.” Because both Martins and Alphandery relate to controlling cryo-systems, there would have been a reasonable chance of success. See MPEP § 2143.I.G.).
Regarding claim 14: The method of claim 11,
wherein the processing unit (30) is configured to terminate the operating cycle automatically when a desired temperature value (t1) measureable at the user skin surface has been achieved (Please see analysis in claim 4.)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2022/0062031 to Geurtin et al. discloses a cryocabin for whole body cryotherapy.
U.S. Patent No. 10,765,551 to Geurtin et al. discloses a cryocabin for whole body cryotherapy.
International Publication No. WO2017/176621 to Trembley et al. discloses a cryocabin for whole body cryotherapy.
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/B.K./Examiner, Art Unit 2116
/KENNETH M LO/ Supervisory Patent Examiner, Art Unit 2116
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