DETAILED ACTION
Remarks
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 5/19/26 is acknowledged. Claims 1-10 are under examination, and claims 11-12 are withdrawn from examination.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement (e.g., US patents or publications listed in paragraph 0004, 0005, and 0007). 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Claim Rejections – 35 USC 102 (AIA )
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.
Claim(s) 1, 6, and 10 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2013/0183648 A1 to IANKE.
Regarding claim 1, IANKE teaches A manikin for practicing resuscitation (Abstract: Chest compression training arrangement; par. 0001: The present invention relates to a chest compression training arrangement, particularly suited for use with a manikin adapted for training of resuscitation involving chest compression), comprising a main body(par. 0032-0033, 0035; FIG. 1, ref. 1-3); a compression plate that extends across the chest aperture (par. 0032-0033, 0035; FIG. 1-3, ref. 7); a hinged support that supports the compression plate at one side of the chest aperture (par. 0032-0033, 0035; FIG. 1-3, ref. 9) and a sliding support that supports the compression plate at an opposite side of the chest aperture (par. 0032-0033, 0035; FIG. 1-3, ref. 11); a chest plate above and attached to the compression plate (par. 0032-0033, 0035; FIG. 1-3, ref. 15, 17), wherein the chest plate comprises a curved lower plate face that faces the compression plate (par. 0032-0033, 0035; FIG. 2, ref. 15).
Regarding claim 6, IANKE further teaches wherein the chest plate has a width that is larger than the width of the compression plate and that fits within the chest aperture (par. 0036; FIG. 3, ref. 15).
Regarding claim 10, IANKE further teaches wherein the main body comprises a receiving recess at the location of the sliding support, wherein one end of the compression plate is received in the receiving recess (par. 0036; FIG. 2, ref. 13: void).
Claim Rejections - 35 USC § 103 (AIA )
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2, 8, and 9 is/are rejected under 35 U.S.C. 103 as being obvious over IANKE, as applied to claim 1, in view of US 6,500,009 B1 to BRAULT.
Regarding claim 2, to the extent IANKE does not teach wherein the main body comprises a lower rim defining a lower aperture; an upper main body surface; side walls extending upwards from the lower rim towards the upper main body surface of the main body; wherein the upper main body surface comprises the chest aperture, BRAULT teaches a related device, including an apparatus for practicing cardiopulmonary resuscitation (CPR) wherein the main body comprises a lower rim defining a lower aperture; an upper main body surface; side walls extending upwards from the lower rim towards the upper main body surface of the main body; wherein the upper main body surface comprises the chest aperture (FIG. 1-3, ref. 12). BRAULT discloses the purpose of the open underside is to allow for efficient stacking to facilitate storage and transportation (col. 3, lines 50-53). BRAULT further teaches slots, e.g., 25 and 26, which provide ribs 29 and 30, respectively, therebetween and these slots and ribs allow the material, e.g. the above-noted polypropylene, comprising the chest portion 12, to flex much like a human rib cage does during chest compressions (col. 4, lines 5-9). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the main body features of BRAULT, including an open underside, sidewalls connecting the lower edge of the underside to an upper surface, and slots in the upper surface, into the invention of IANKE, in order to allow for stacking for storage and transportation, as well as to simulate ribs, thereby allowing the material to flex much like a human rib cage does during chest compressions.
Regarding claim 8, to the extent IANKE does not teach wherein the manikin further comprises a rear head part and a detachable front head part, and when the front head part is in a detached state, the lower aperture is configured to receive the upper main body surface and a part of the side walls of another main body; and the rear head part is configured to be received partially inside a rear head part, BRAULT further teaches wherein the manikin further comprises a rear head part (FIG. 7, ref. 71) and a detachable front head part (FIG. 7, ref. 72), and when the front head part is in a detached state, the lower aperture is configured to receive the upper main body surface and a part of the side walls of another main body; and the rear head part is configured to be received partially inside a rear head part attached to said other main body (FIG. 3, ref. 12, 14). Further, BRAULT teaches the rear head parts are stackable in a vertical stack to facilitate storage and transportation (col. 3, lines 19-21; FIG. 10). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate these structural features of BRAULT, into the invention of IANKE, in order to allow for stacking the manikin parts for storage and transportation. Further, to the extent IANKE and BRAULT do not teach the rear head part is configured to be received partially inside a rear head part attached to said other main body, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the stackable rear head parts and main bodies of BRAULT stackable when the rear head parts are attached to the torsos, in the modified system of IANKE, in order to combine two stackable parts into a single stackable part, thereby reducing assembly.
Regarding claim 9, to the extent IANKE does not teach wherein the main body further comprises a neck portion; the manikin further comprises a hinge connection connecting the neck portion and the rear head part in a pivoting manner about a pivot axis; and the rear head part comprises a rear recess configured to receive a hinge connection, BRAULT further teaches wherein the main body further comprises a neck portion (FIG. 3, ref. 14); the manikin further comprises a hinge connection connecting the neck portion and the rear head part in a pivoting manner about a pivot axis (FIG. 2, ref. 126, 127); and the rear head part comprises a rear recess configured to receive a hinge connectionBRAULT, to allow the head to be tilted during CPR practice and allow for stacking for storage and transportation.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being obvious over IANKE, as applied to claim 1, in view of WO 2022/032033 A1 to CHARLTON.
Regarding claim 3, to the extent IANKE does not teach wherein the chest plate comprises an upper plate that has a convex, upward curvature, and a chest plate chamber comprising electric circuitry, CHARLTON also teaches a CPR training manikin (Abstract) comprising wherein the chest plate comprises an upper plate that has a convex, upward curvature, and a chest plate chamber comprising electric circuitry (par. 0061-0064; FIG. 4: showing a chest plate 116 comprising an upper plate that has a convex, upward curvature under which comprises internal components of the manikin in enclosed cavity, including electrical circuit for measuring, such as chest compression). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the internal cavity under a convex, upward curvature defined by a chest plate, under which electrical circuit provides for measurement capability, such as chest compressions, as taught by CHARLTON, into the invention of IANKE, in order to apply a known technique used in CPR training device to similar devices, thereby achieving a predictable result.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being obvious over IANKE in view of CHARLTON, as applied to claim 3, in view of WO 2015/091788 A1 to MABROUK.
Regarding claim 4, IANKE further teaches wherein the compression plate is attached to an end body at the hinged support, wherein the end body comprises a curved support face (FIG. 1, ref. 9; FIG. 8, ref. 27). To the extent IANKE does not disclose wherein the hinged support comprises a sensor for measuring the angle of the compression plate at the position of the hinged support, MABROUK teaches a device for chest compressions wherein an angle sensor is used to measure an angle of an actuating arm relative to a stationary part, the actuating arm being a structure upon which CPR compressions are performed (FIG. 1B), in order to determine pressure depth from the position and/or movement signals of the actuating arm provided by the angle sensor (MABROUK translation, pg. 3, par. 2 and 7). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the angle sensor configuration, as taught by MABROUK, into the modified invention of IANKE, in order to apply a known technique for measuring and analyzing compression depth during CPR compressions to a similar device, thereby achieving predictable results.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being obvious over IANKE in view of CHARLTON, as applied to claim 4, in view of CA 2 789 594 to STEELE.
Regarding claim 5, to the extent IANKE does not teach wherein the sensor is an inductive sensor and that the hinged support further comprises a metal element, STEELE teaches a known type of rotation sensor is an inductive sensor that functions by detecting, as the rotatable member is rotated, a metal material relative to the sensor in order to determine angle (par. 0081). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the inductive sensor configuration, as taught by STEELE, into the modified invention of IANKE, in order to apply a known technique for measuring angle of a rotatable member, thereby achieving predictable results.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being obvious over IANKE, as applied to claim 1, in view of US 3,916,535 to HEWSON.
Regarding claim 7, to the extent IANKE does not teach wherein the main body comprises a neck portion and that a flexible air transmission joint is attached to the neck portion, wherein the flexible air transmission joint comprises a first joint part with an inner flow channel and an outer sliding surface; a second joint part with a joint aperture and an inner sliding surface; wherein the outer sliding surface and the inner sliding surface have coaxial or concentric curved shape, enabling mutual pivoting movement about a pivot axis, HEWSON teaches a related mannequin aid for teaching mouth to mouth resuscitation (col. 1, lines 4-6), including wherein the main body comprises a neck portion and that a flexible air transmission joint is attached to the neck portion, wherein the flexible air transmission joint comprises a first joint part with an inner flow channel and an outer sliding surface; a second joint part with a joint aperture and an inner sliding surface; wherein the outer sliding surface and the inner sliding surface have coaxial or concentric curved shape, enabling mutual pivoting movement about a pivot axis (FIG. 1 and 2: neck portion 22; col. 2, lines 47-56: Support 50 carries a rigid extension 56 in the form of a post which in turn carries a ball 58 at its upper end. The ball 58 is sized to snap into socket 42 with the ball surface 60 in contact with surface 40 of the socket; col. 2, line 64-68: passage 64 extends through the connecting member 14 from the lower surface of support 50 through extension 56 and ball 58 to opening 66 in the ball surface 60; col. 2, lines 13-34: mouth 24 of head 12 communicates directly with a passage 26 that extends inwardly from the mannequin's lips 28, and nose 30 includes a pair of passages 32 and 34 that extend inwardly and connect to the inner end 36 of passage 26. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the respiratory structure of HEWSON into the invention of IANKE, in order to apply a known structure for simulating human anatomy used in CPR training device to similar devices, thereby achieving a predictable result.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James Hull whose telephone number is 571-272-0996. The examiner can normally be reached on Monday-Friday from 8:00am to 5:00pm MST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Xuan Thai, can be reached at telephone number 571-272-7147. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES B HULL/Primary Examiner, Art Unit 3715
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