Prosecution Insights
Last updated: July 17, 2026
Application No. 18/866,907

Expandable Thermal Contact Pad

Non-Final OA §102§103§112
Filed
Nov 18, 2024
Priority
May 27, 2022 — nonprovisional of PCTUS2022031428
Examiner
STUMPFOLL, DANA LYNN
Art Unit
Tech Center
Assignee
C.R. Bard Inc.
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
2y 0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
29 granted / 54 resolved
-6.3% vs TC avg
Strong +47% interview lift
Without
With
+47.4%
Interview Lift
resolved cases with interview
Typical timeline
3y 9m
Avg Prosecution
33 currently pending
Career history
95
Total Applications
across all art units

Statute-Specific Performance

§101
1.1%
-38.9% vs TC avg
§103
93.6%
+53.6% vs TC avg
§102
1.1%
-38.9% vs TC avg
§112
4.1%
-35.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 54 resolved cases

Office Action

§102 §103 §112
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 . Information Disclosure Statement The information disclosure statements (IDS) submitted on 04/14/2025, 08/01/2025, 12/12/2025, and 03/13/2026 are being considered by the examiner. 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. Claim 3, 4, and 10-14 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. Claim 3 recites “wherein the fluid compartment is configured to expand along a length dimension”. It is unclear as to what “along a length dimension” is referring to. A length dimension of the fluid compartment? A length dimension of the medical pad? Further clarification is needed within the claim to determine what this is referring to, therefore making the claim indefinite. For purposes of examination, the examiner interprets this to be referring to a length dimension of the fluid compartment. Claim 4 recites “wherein the fluid compartment is configured to expand along a width”. It is unclear as to what “along a width” is referring to. A width of the fluid compartment? A width of the medical pad? Further clarification is needed within the claim to determine what this is referring to, therefore making the claim indefinite. For purposes of examination, the examiner interprets this to be referring to a width of the fluid compartment. Claim 10 recites “wherein the air compartment is constructed to prevent expansion of the pad in a thickness direction”. It is unclear as to what “in a thickness direction” is referring to. A thickness of the medical pad? A thickness of the air compartment? A thickness of the fluid compartment? It is also unclear if a “thickness” can define a direction. Further clarification is needed within the claim to determine what this is referring to, therefore making the claim indefinite. For purposes of examination, the examiner interprets this to be referring to the thickness of the overall pad. Claims 11-14 are rejected by virtue of dependency on claim 10. 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. (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) 1-7, 9, and 19-22 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Parish et al. (US 20140228717 A1) herein referred to as “Parish”. Regarding claim 1, Parish discloses a medical pad for exchanging thermal energy between a targeted temperature management (TTM) fluid and a patient, the pad comprising: a fluid compartment configured for circulation of the TTM fluid therein (Fluid compartment 514, Figure 5D, Paragraph [0048]), the fluid compartment defining a patient contact area of the pad (to press the fluid bladder 514 against a portion of the patient, Paragraph [0046]); and an air compartment coupled with the fluid compartment (the fluid bladder 514 (disposed against the patient) and air bladder 516 are joined together at seal 512, Paragraph [0046], Figure 5D), the air compartment configured to define a lateral expansion of the fluid compartment based on an air pressure within the air compartment (The air bladder 516 is oriented over the fluid bladder 514 to press the fluid bladder 514 against a portion of the patient (not shown in this view), causes a lateral expansion, Paragraph [0046], Figure 5D). Regarding claim 2, Parish discloses the pad of claim 1, wherein the fluid compartment is configured to expand in accordance with an increase of the air pressure (The air bladder 516 is oriented over the fluid bladder 514 to press the fluid bladder 514 against a portion of the patient (not shown in this view), causes an expansion of the fluid bladder, Paragraph [0046], Figure 5D). Regarding claim 3, Parish discloses the pad of claim 1, wherein the fluid compartment is configured to expand along a length dimension in accordance with the increase of the air pressure (The air bladder 516 is oriented over the fluid bladder 514 to press the fluid bladder 514 against a portion of the patient (not shown in this view), causes an expansion of the fluid bladder lengthwise, Paragraph [0046], Figure 5D). Regarding claim 4, Parish discloses the pad of claim 1, wherein the fluid compartment is configured to expand along a width in accordance with the increase of the air pressure (The air bladder 516 is oriented over the fluid bladder 514 to press the fluid bladder 514 against a portion of the patient (not shown in this view), both bladders are configured to expand in the length and width direction as they are filled, Paragraph [0046], Figure 5D). Regarding claim 5, Parish discloses the pad of claim 1, wherein the fluid compartment is configured to contract in accordance with a decrease of the air pressure (as the pressure is removed off of the fluid bladder 514 when the air pressure decreases in the air bladder 516, the fluid bladder 514 would contract as there is no pressure applied on the outside of the fluid bladder, Paragraph [0046]). Regarding claim 6, Parish discloses the pad of claim 1, wherein the air compartment is coupled with the fluid compartment along one or more perimeter edges of the fluid compartment (As described above, the fluid bladder 514 (disposed against the patient) and air bladder 516 are joined together at seal 512, Paragraph [0045], Figure 5D). Regarding claim 7, Parish discloses the pad of claim 6, wherein the air compartment is coupled with the fluid compartment along a first permitter edge and along a second perimeter edge, the second perimeter edge disposed opposite the first perimeter edge (As described above, the fluid bladder 514 (disposed against the patient) and air bladder 516 are joined together at seal 512, Paragraph [0045], see perimeter edges see Figure 5D). Regarding claim 9, Parish discloses the pad of claim 1, wherein the fluid compartment is configured for circulation of the TTM fluid therein when the TTM fluid defines a negative pressure within the fluid compartment (The heat transfer fluid flows into the blanket 8 through an inlet port, and exits through an outlet port to the control unit 4 via the connector 10 and connector tubes 6, Paragraph [0032]). Regarding claim 19, Parish discloses a system for providing a targeted temperature management (TTM) therapy to a patient (therapy blanket 8, Figure 5D), comprising: a medical pad according to claim 1 (see claim 1); a TTM control module coupled with the thermal contact pad via a fluid delivery line (The heat transfer fluid is cooled or heated by the control unit 4 and pumped to the blanket 8 by connector tubes 6. The heat transfer fluid flows into the blanket 8 through an inlet port, and exits through an outlet port to the control unit 4 via the connector 10 and connector tubes 6, Paragraph [0032]-[0035]), the TTM control module configured to circulate a TTM fluid within the fluid compartment at a defined temperature in accordance with the TTM therapy (Referring now to FIG. 2, a block diagram of one embodiment of the flow of heat transfer fluid between the control unit 4 and the blanket 8 is illustrated. The control unit 4 includes a heat transfer fluid reservoir 200 and at least one heat transfer assembly (HTA) 202 for heating and/or cooling the heat transfer fluid, Paragraph [0032-0035]); and an air control module coupled with the thermal contact pad via an air delivery line (Similarly, a gas may be pumped by the control unit 4 to the blanket 8 through the connector tubes 6 and the connector 10 to provide compression therapy, Paragraph [0032]), the air control module configured to define the air pressure within the air compartment of the thermal contact pad (The control circuitry 300 also allows for compression therapy separate from, or in conjunction with, the contrast or constant thermal therapy. Compression therapy enhances thermal contact for more efficient thermal transfer with the tissue under therapy. The compression therapy may also provide pulse compression by alternating between a plurality of chosen pressure levels to gently, but firmly pulse massage the tissue, Paragraph [0039]). Regarding claim 20, Parish discloses the system of claim 19, wherein the air control module is configured to define the air pressure in accordance with an input from a clinician (The control circuitry 300 is coupled to pre-cooling and pre-heating circuitry 302, thermal profile circuitry 304, patient profile circuitry 306, time duration circuitry 308, hot and cold indicator circuitry 310, and compression profile circuitry 312. The control circuitry 300 is further coupled to a memory 314, detection circuitry 316, warning circuitry 318, and a backup battery 320, A display 322 is provided for displaying the output of the control circuitry 300 and for the input of data to control various therapeutic values of the blanket 8, Paragraph [0035], Thermal profile circuitry 304, patient profile circuitry 306, and compression profile circuitry 312 allow the user of the patient therapy system 2 to apply compression and/or thermal therapy to a patient according to preset values which depend on the type of injury and physical attributes of the patient, Paragraph [0036], Figure 3). Regarding claim 21, Parish discloses the system of claim 19, wherein the air control module is configured to prevent the air pressure from exceeding a predefined maximum pressure limit (Thermal profile circuitry 304, patient profile circuitry 306, and compression profile circuitry 312 allow the user of the patient therapy system 2 to apply compression and/or thermal therapy to a patient according to preset values which depend on the type of injury and physical attributes of the patient, Paragraph [0036], see also Paragraphs [0035] and [0039]). Regarding claim 22, Parish discloses the system of claim 19, wherein the air control module is integrally incorporated within the TTM control module (more specifically to the control unit 4, control circuitry 300 according to an embodiment of the present invention is illustrated. The control circuitry 300 is coupled to pre-cooling and pre-heating circuitry 302, thermal profile circuitry 304, patient profile circuitry 306, time duration circuitry 308, hot and cold indicator circuitry 310, and compression profile circuitry 312, Paragraph [0035], The control circuitry 300, in conjunction with the memory 314, thermal profile circuitry 304, patient profile circuitry 306, time duration circuitry 308, and compression profile circuitry 312 provides cooling and heating therapy with a programmable set point between 37 and 66° F. and 90 and 105° F. The control circuitry 300 allows for contrast therapy programmable for alternating between cooling for a predetermined time interval and heating for a predetermined time interval, or constant therapy for only heating or only cooling for a predetermined time interval. The control circuitry 300 also allows for compression therapy separate from, or in conjunction with, the contrast or constant thermal therapy. Compression therapy enhances thermal contact for more efficient thermal transfer with the tissue under therapy. The compression therapy may also provide pulse compression by alternating between a plurality of chosen pressure levels to gently, but firmly pulse massage the tissue. Compression therapy that sequentially compresses a portion of the patient under therapy may also be initiated from the control circuitry 300, Paragraph [0039], Figure 3). 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. 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) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of Vergara et al. (US 20190262169 A1) herein referred to as “Vergara”. Regarding claim 8, Parish discloses the pad of claim 1. However Parish does not explicitly disclose wherein the fluid compartment includes a support structure configured to define a minimum thickness of the fluid compartment. Vergara discloses a heat exchange module for heat transfer relation with skin of a patient (Abstract) wherein the device comprises a fluid compartment (fluid channel assembly 144 with an air bladder 176, Paragraph [0310], Figure 67), wherein the fluid compartment includes a support structure configured to define a minimum thickness of the fluid compartment (Inside the fluid channel, standoffs 268, made from the same material can be attached to the inner layer of material, by RF weld 264 or otherwise, to maintain fluid flow and prevent channel collapse when the fluid channel assembly is flexed, Paragraph [0168], Figure 23-25). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Vergara by including wherein the fluid compartment includes a support structure configured to define a minimum thickness of the fluid compartment. The motivation to do so being to maintain fluid flow and prevent channel collapse when the fluid channel assembly is flexed (Vergara, Paragraph [0168]). Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of Elkins et al. (US 20020019657 A1) herein referred to as “Elkins”. Regarding claim 10, Parish discloses the pad of claim 1. However Parish does not explicitly disclose wherein the air compartment is constructed to prevent expansion of the pad in a thickness direction when the air pressure within the air compartment is positive. Elkins discloses a conformal therapy component of an animate body heat exchanger (Abstract) wherein the device comprises a gas pressure bladder overlaying a fluid bladder (Paragraph [0030]) wherein the air compartment is constructed to prevent expansion of the pad in a thickness direction when the air pressure within the air compartment is positive (the fences 34 are included in the gas bladder to provide connections interiorly of the bladder between its walls to prevent such walls from expanding away from one another under the pressure, i.e., to prevent the gas bladder from “ballooning”, Paragraph [0030]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Elkins by including wherein the air compartment is constructed to prevent expansion of the pad in a thickness direction when the air pressure within the air compartment is positive. The motivation to do so being to prevent the gas bladder from ballooning (Elkins, Paragraph [0030]). Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of Elkins further in view of Latham et al. (US 20120288848 A1) herein referred to as “Latham”. Regarding claim 11, Parish in view of Elkins discloses the pad of claim 10. However Parish does not explicitly disclose wherein: the air compartment defines a number of tubular segments in fluid communication with each other, the tubular segments are configured to lengthen based on the air pressure therein, and the tubular segments are configured to prevent diametral expansion in response to the air pressure therein. Latham discloses a dome wrap or pad for direct patient surface tissue applications (Abstract) wherein the air compartment of the pad defines a number of tubular segments in fluid communication with each other (systematic network of one or more channels that adjust in height depending on the fluid volume in the channel, Paragraph [0050]), the tubular segments are configured to lengthen based on the air pressure therein, and the tubular segments are configured to prevent diametral expansion in response to the air pressure therein (multiple flow channels which length based on the pressure, Figure 7, Paragraph [0061]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish in view of Elkins to incorporate the teachings of Latham by including wherein: the air compartment defines a number of tubular segments in fluid communication with each other, the tubular segments are configured to lengthen based on the air pressure therein, and the tubular segments are configured to prevent diametral expansion in response to the air pressure therein. The motivation to do so being to have a secondary flow path to each channel in case of flow blockage and pressure build up in one area or channel (Latham, Paragraph [0054]). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of Elkins and Latham further in view of Bible et al. (US 20220296414 A1) herein referred to as “Bible”. Regarding claim 12, Parish in view of Elkins and Latham discloses the pad of claim 11. However Parish does not explicitly disclose wherein: one or more of the number of tubular segments includes a bellows configured to expand lengthwise based on the air pressure therein, and the bellows is biased toward a non-expanded state. Bible discloses wherein: one or more of the number of tubular segments includes a bellows configured to expand lengthwise based on the air pressure therein (The foldable extensions B and C can be segmented by perforations 510, holes, a seam, or some other structure that delineates or segments pad 500, Paragraph [0059], Figure 6B), and the bellows is biased toward a non-expanded state (foldable extension is biased toward a non-expanded state, Figure 6B). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish in view of Elkins and Latham to incorporate the teachings of Bible by including wherein: one or more of the number of tubular segments includes a bellows configured to expand lengthwise based on the air pressure therein, and the bellows is biased toward a non-expanded state. The motivation to do so being to provide foldable extensions for the device (Bible, Paragraph [0059]). Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of Elkins further in view of Bible. Regarding claim 13, Parish in view of Elkins discloses the pad of claim 10. However Parish in view of Elkins does not explicitly disclose wherein one or more of the number of tubular segments includes a number of expansion joints. Bible discloses wherein one or more of the number of tubular segments includes a number of expansion joints (medical pad 500 comprises foldable extensions, including segmented perforations 510, Figure 6B, Paragraph [0059]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish in view of Elkins to incorporate the teachings of Bible by including wherein one or more of the number of tubular segments includes a number of expansion joints. The motivation to do so being to provide foldable extensions for the device (Bible, Paragraph [0059]). Regarding claim 14, Parish in view of Elkins and Bible discloses the pad of claim 13. However Parish in view of Elkins does not explicitly disclose wherein one or more of the number expansion joints are configured to: maintain a non-expanded state when the air pressure within the air compartment is below a defined expansion pressure, and define an expanded state when the air pressure within the air compartment exceeds the defined expansion pressure. Bible discloses wherein one or more of the number expansion joints are configured to: maintain a non-expanded state when the air pressure within the air compartment is below a defined expansion pressure (Figure 6B, Paragraph [0068]-[0069]), and define an expanded state when the air pressure within the air compartment exceeds the defined expansion pressure (Figure 6A, Paragraph [0064]-[0065]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish in view of Elkins to incorporate the teachings of Bible by including wherein one or more of the number expansion joints are configured to: maintain a non-expanded state when the air pressure within the air compartment is below a defined expansion pressure, and define an expanded state when the air pressure within the air compartment exceeds the defined expansion pressure. The motivation to do so being to provide foldable extensions for the device (Bible, Paragraph [0059]). Claim(s) 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of in view of Benyaminpour et al. (US 20170246031 A1) herein referred to as “Benyaminpour”. Regarding claim 15, Parish discloses the pad of claim 1. However Parish does not explicitly disclose wherein the fluid compartment is formed of a stretchable material to enable the fluid compartment to stretch between a first contact area and a second contact area, the second contact area greater than the first contact area. Benyaminpour discloses a portable heating or cooling pad (Abstract) wherein the fluid compartment is formed of a stretchable material to enable the fluid compartment to stretch between a first contact area and a second contact area, the second contact area greater than the first contact area (the outer flexible housing material can be elastic (i.e., stretchable) to allow for the expansion of the chamber volume (seen as a first contact area being the deflated volume and the second area being the expanded volume wherein the second area is bigger as the surface area increases with inflation of the chamber), Paragraph [0110]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Benyaminpour by including wherein the fluid compartment is formed of a stretchable material to enable the fluid compartment to stretch between a first contact area and a second contact area, the second contact area greater than the first contact area. The motivation to do so being to allow for the expansion of the chamber within the pad (Benyaminpour, Paragraph [0110]). Regarding claim 16, Parish discloses the pad of claim 1. However Parish does not explicitly disclose wherein the fluid compartment includes one or more folds extending across the fluid compartment. Benyaminpour discloses a portable heating or cooling pad (Abstract) wherein the fluid compartment includes one or more folds extending across the fluid compartment (the outer flexible housing can be elastic or can comprise one or more pleats or folds to allow for expansion of the chamber volume therewithin, Paragraph [0110]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Benyaminpour by including wherein the fluid compartment includes one or more folds extending across the fluid compartment. The motivation to do so being to allow for the expansion of the chamber within the pad (Benyaminpour, Paragraph [0110]). Regarding claim 17, Parish in view of Benyaminpour discloses the pad of claim 16. However Parish does not explicitly disclose wherein one or more of the number folds are configured to: maintain a folded state defining the first contact area when the air pressure within the air compartment is below the defined expansion pressure, and become unfolded defining the second contact area when the air pressure within the air compartment exceeds the defined expansion pressure. Benyaminpour discloses wherein one or more of the number folds are configured to: maintain a folded state defining the first contact area when the air pressure within the air compartment is below the defined expansion pressure (one or more pleats or folds to allow for expansion of the chamber volume therewithin, (i.e., maintains folded state below defined expansion pressure), Paragraph [0110]), and become unfolded defining the second contact area when the air pressure within the air compartment exceeds the defined expansion pressure (the one or more chambers can expand when the pad is charged with coolant, Paragraph [0110]). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Benyaminpour by including wherein one or more of the number folds are configured to: maintain a folded state defining the first contact area when the air pressure within the air compartment is below the defined expansion pressure, and become unfolded defining the second contact area when the air pressure within the air compartment exceeds the defined expansion pressure. The motivation to do so being to allow for the expansion of the chamber within the pad (Benyaminpour, Paragraph [0110]). Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Parish in view of in view of Voorhees et al. (US 11234859 B2) herein referred to as “Voorhees”. Regarding claim 18, Parish discloses the pad of claim 1. However Parish does not explicitly disclose wherein the fluid compartment includes a hydrogel layer disposed across an underside of the fluid compartment. Voorhees discloses a medical pad for contact thermal exchange with a patient (Abstract) wherein the fluid compartment includes a hydrogel layer disposed across an underside of the fluid compartment (the pad 10 may include a flexible base member 14 and a flexible film layer 15 that are interconnected to define the fluid circulation layer of pad 10, wherein the fluid circulation layer has an internal volume between the base member 14 and film layer 15. Further, pad 10 may comprise a flexible hydrogel layer 16 interconnected to the film layer 15. As will be further described, the hydrogel layer 16 provides for thermal conduction between the circulated thermal exchange fluid and a patient, and further presents an adhesive surface 16 a to establish and maintain intimate contact with a skin region of a patient so as to optimize thermal exchange. The hydrogel layer may extend across a portion, a majority, or substantially the entirety of one side of the fluid circulation layer, Col. 4, lines 13-26). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Parish to incorporate the teachings of Voorhees by including wherein the fluid compartment includes a hydrogel layer disposed across an underside of the fluid compartment. The motivation to do so being to provides for thermal conduction between the circulated thermal exchange fluid and a patient as well as to establish and maintain intimate contact with a skin region of a patient so as to optimize thermal exchange (Voorhees, Col. 4, lines 20-26). Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Lowe et al (US 20120172774 A1) discloses a therapy wrap comprising a fluid and air bladder, Lowe et al. (US 20110098792 A1) discloses a temperature controlled therapy wrap comprising a fluid bladder and an air bladder, Lowe et al. (US 20130006335 A1) discloses a thermal therapy device comprising a heat exchange layer and a compressive layer, Galer et al. (US 20180042763 A1) discloses a thermal pad for controlling a patient’s temperature comprising a thermal chamber and a pressure chamber to urge the pad into contact with the patient, Lowe et al. (US 20190328576 A1) discloses a rapid contrast therapy system providing thermal therapy and a vapor compression system, Tian et al. (US 20200289361 A1) discloses a cold-therapy compression assembly comprising a cold therapy module and a compression therapy module, Xie et al. (US 20220331153 A1) discloses a cold and/or hot compress system, Lowe et al. (US 20230346630 A1) discloses a therapy wrap treatment with kink resistance, and Sundar et al. (US 20230346630 A1) discloses a compression wrap for temperature controlled application of pressure comprising a fluid bladder and an air cavity. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Dana Stumpfoll whose telephone number is (703)756-4669. The examiner can normally be reached 9-5 pm (CT), M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /D.S./Examiner, Art Unit 3794 /JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
Read full office action

Prosecution Timeline

Nov 18, 2024
Application Filed
Jun 29, 2026
Non-Final Rejection mailed — §102, §103, §112 (current)

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
99%
With Interview (+47.4%)
3y 9m (~2y 0m remaining)
Median Time to Grant
Low
PTA Risk
Based on 54 resolved cases by this examiner. Grant probability derived from career allowance rate.

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