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 Objections
Claim 3 is objected to because of the following informalities:
The phrase “chest compression mechanism” should be changed to –compression mechanism—for consistency with Claim 1 (Claim 3, Line 3).
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 1-3, 8, 9, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) alone.
Regarding Claim 1, Nilsson discloses a mechanical cardiopulmonary resuscitation (“CPR”) device (apparatus of Fig 5; CPR chest compression machine, Abstract) comprising: a compression mechanism (548, Fig 5; compression mechanism, paragraph 0083) configured to perform successive CPR compressions to a chest of a patient (a compression mechanism configured to perform automatically CPR compressions to the patient's chest, Abstract), the compression mechanism comprising: a piston (148 includes a piston, paragraph 0058; components of Fig 1 are similar to components of Fig 5), and a driver (541, Fig 5) coupled to the piston (541 coupled to 548, Fig 5) and configured to extend the piston toward the chest of the patient and retract the piston away from the chest of the patient (driver 141 configured to drive 148 automatically, may cause compressions and releases to be performed repeatedly, paragraph 0057; components of Fig 1 are similar to components of Fig 5); a support structure (540, Fig 5) configured to position the compression mechanism over the chest of the patient (540 shown to position 548 above chest of patient, Fig 5; 140 shown to position 148 above chest of patient, Fig 1); and a light source (571, Fig 5; 571 configured to transmit light 572, paragraph 0084).
The current embodiment of Nilsson fails to disclose a translucent suction cup secured to an end of the piston; a light source configured to illuminate the translucent suction cup.
However, an alternate embodiment of Nilsson teaches a translucent suction cup secured to an end of the piston (a suction cup that is attached to a piston, paragraph 0131; suction cup made of a material that allows sufficient light to be transmitted through the suction cup onto the patient’s chest, paragraph 0136; suction cup would obviously be made of a translucent material if it allows light to go through); a light source configured to illuminate the translucent suction cup (a laser or other high intensity light source, suction cup made of a material that allows sufficient light to be transmitted through the suction cup onto the patient's chest, paragraph 0136) to assist with aiming the suction cup on the patient’s chest (paragraph 0136).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a translucent suction cup with the light source illuminating the suction cup, as taught by Nilsson, to assist with aiming the suction cup on the patient’s chest (Nilsson: paragraph 0136). This improvement would allow a rescuer to aim the suction cup more accurately on the patient’s chest as well as assist with the use of the device in low-light, dark environments.
Regarding Claim 2, Nilsson teaches the light source is on the support structure (571 is shown to be on 540, Fig 5; Light source 571 may be coupled to retention structure 540, paragraph 0084; a laser or other high intensity light source is positioned above the suction cup, paragraph 0136).
Regarding Claim 3, Nilsson teaches the support structure comprises: a backboard (bottom portion of 540, Fig 5; bottom portion of 140, Fig 1; components of Fig 1 are similar to components of Fig 5) configured to be placed underneath the patient (bottom portion of 140 shown to be placed underneath patient 182, Fig 1); and a support leg (left and right side portions of 540, Fig 5; left and right portions of 140, Fig 1; components of Fig 1 are similar to components of Fig 5) configured to support the chest compression mechanism at a distance from the backboard (left and right portions of 540 shown to position 548 at a distance vertically above bottom portion of 540, Fig 5).
Regarding Claim 8, the current Nilsson combination does not explicitly teach the light source is a laser diode.
However, an alternate embodiment of Nilsson teaches the light source is a laser diode (a laser or other high intensity light source, suction cup made of a material that allows sufficient light to be transmitted through the suction cup onto the patient's chest, paragraph 0136) since it is a known light source used to illuminate the suction cup.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light source to be a laser, as taught by Nilsson, since it is a known light source used to illuminate the suction cup.
Regarding Claim 9, the current Nilsson combination does not explicitly teach the light source is stroboscopic.
However, an alternate embodiment of Nilsson teaches the light source is stroboscopic (the light source may provide a flashing light instead of a constant light, the light source may provide a constant “white” light with a flashing colored light that assists the rescuer in positioning the suction cup as in the previous paragraph, paragraph 0137; stroboscopic is interpreted as a flashing light) since it is known to utilize flashing colored lights to assist in positioning the suction cup (paragraph 0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LED to produce different flashing colored lights, as taught by Nilsson, since it is known to utilize flashing colored lights to assist in positioning the suction cup (Nilsson: paragraph 0137). The flashing, colored lights would be obvious visual feedback that would allow a rescuer to determine whether or not the suction cup is properly placed on the chest.
Regarding Claim 13, the current Nilsson combination fails to teach the light source is within the translucent suction cup.
However, Nilsson further teaches the light source is within the compression mechanism (the light source may be mounted on the compression mechanism, paragraph 0135) and that the light source can be positioned above the suction cup to allow sufficient light to be transmitted through the material of the suction cup (paragraph 0136) since these are known locations to position the light source.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to relocate the light source onto the compression mechanism, as taught by Nilsson, since these are known locations to position the light source.
Though Nilsson does not explicitly teach the light source being within the translucent suction cup itself, one of ordinary skill in the art would obviously recognize the suction cup’s material allowing sufficient light to be transmitted through the material as taught by Nilsson (Nilsson: paragraph 0136). Because of this, it would be obvious for one of ordinary skill in the art to relocate the light source to be within the suction cup since it would achieve the same effect as illuminating the suction cup itself for positioning purposes. Having the light source directly positioned within the suction cup itself would also prevent any blockage of light in between the light source and the suction cup.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) in view of Wood (US 2013/0066242 A1).
Regarding Claim 4, Nilsson teaches the claimed invention of Claim 1. Nilsson fails to teach the light source is a light-emitting diode (LED).
However, Wood, of the same field of endeavor, teaches a manual CPR or CCC continuous chest compression assist device (Abstract) including the light source is a light-emitting diode (LED) (visual signal assembly comprises an LED lamp, paragraph 0021) since LED lights are known types of light that can be visually seen.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light source to be an LED, as taught by Nilsson, since LED lights are known types of light that can be visually seen.
Regarding Claim 5, the current Nilsson-Wood combination fails to teach the LED is configured to emit light of different colors at different times.
However, Nilsson further teaches the light is configured to emit light of different colors at different times (the light source may provide a constant “white” light with a flashing colored light that assists the rescuer in positioning the suction cup as in the previous paragraph, paragraph 0137) since it is known to utilize flashing colored lights to assist in positioning the suction cup (paragraph 0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LED to produce different flashing colored lights, as taught by Nilsson, since it is known to utilize flashing colored lights to assist in positioning the suction cup (Nilsson: paragraph 0137). The flashing, colored lights would be obvious visual feedback that would allow a rescuer to determine whether or not the suction cup is properly placed on the chest.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) and Wood (US 2013/0066242 A1) as applied to Claim 4, and in further view of Takano (US 2020/0037880 A1).
Regarding Claim 6, Nilsson-Wood combination teaches the claimed invention of Claim 4. Nilsson-Wood combination also teaches utilizing a laser or other high intensity light source and a suction cup made of a material that allows sufficient light to be transmitted (Nilsson: paragraph 0136). Nilsson-Wood combination fails to teach the LED is configured to emit blacklight.
However, Takano, reasonably pertinent to the problem of illuminating a body for positioning purposes, teaches an ultrasonic irradiation device (Abstract) including the light source is configured to emit blacklight (use of a UV lamp capable of ultraviolet radiation, the so-called black light, for the light L1, the illuminating portions L2 and L3, etc. for illuminating the irradiation position guide, and, with use of ultraviolet reflective ink, called fluorescent ink, for the ink used for the marker or print on the body surface, paragraph 0052) to allow a position guide to be identified more clearly and provide increased visibility (paragraph 0052).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the LED to produce black light and to modify the suction cup with a fluorescent ink or material, as taught by Takano, to allow a position guide to be identified more clearly and provide increased visibility (Takano: paragraph 0052). Takano merely teaches another known form of illumination for positioning the device. Since Nilsson already teaches different ways of using light to position the suction cup on the user’s chest and teaches that the suction cup can be illuminated for easier visual positioning, it is obvious that one of ordinary skill in the art would utilize a similar illumination through black light and fluorescent ink or material.
Regarding Claim 7, Nilsson-Wood-Takano combination teaches the translucent suction cup includes a fluorescent material (Takano: use of a UV lamp capable of ultraviolet radiation, the so-called black light, for the light L1, the illuminating portions L2 and L3, etc. for illuminating the irradiation position guide, and, with use of ultraviolet reflective ink, called fluorescent ink, for the ink used for the marker or print on the body surface, paragraph 0052; the suction cup would obviously be made of a fluorescent material to visually see and position the cup under the black light).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) in view of Temores et al. (English Machine Translation of WO 2018117798 A1 provided by PE2E).
Regarding Claim 10, Nilsson teaches the claimed invention of Claim 1. The current embodiment of Nilsson fails to teach the light source is configured to gradually dim in intensity.
However, an alternate embodiment of Nilsson teaches the light source is configured to dim in intensity (the light source may provide a flashing light instead of a constant light, the light source may provide a constant “white” light with a flashing colored light that assists the rescuer in positioning the suction cup as in the previous paragraph, paragraph 0137; flashing light would obviously increase and dim in intensity over time) since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (paragraph 0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lights to be flashing, as taught by Nilsson, since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (Nilsson: paragraph 0137). The use of a flashing light would help to save power and would also assist in the positioning of the suction cup.
Nilsson fails to teach the light source is gradually changed in intensity.
However, Temores, reasonably pertinent to the problem of reducing distractions and reducing aggressiveness on the eyes, teaches a device that gradually emits light and vibration (Abstract) including the light source is gradually changed in intensity (apparatus that emits luminescence and vibration, in a homogeneous and gradual way, thanks to the concentric position of the LED's on the electronic card (5); in such a way that the light that comes from the LEDs, passes through the translucent surface of the diffuser (16) and the transparent cover (7), Page 4, middle paragraph) to modify the light to not be very aggressive to the eyes of a user (Page 4, middle paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flashing light to change in intensity at a slower pace, as taught by Temores, to modify the light to not be very aggressive to the eyes of a user (Temores: Page 4, middle paragraph). This modification would merely slow down the flashing light in such a way that the light is being emitted more gradually which would be less distracting to a rescuer, especially in an intensive emergency situation. The gradual change in light would also still achieve the same effect of saving power.
Regarding Claim 11, Nilsson teaches the claimed invention of Claim 1. The current embodiment of Nilsson fails to teach the light source is configured to gradually increase in intensity.
However, an alternate embodiment of Nilsson teaches the light source is configured to increase in intensity (the light source may provide a flashing light instead of a constant light, the light source may provide a constant “white” light with a flashing colored light that assists the rescuer in positioning the suction cup as in the previous paragraph, paragraph 0137; flashing light would obviously increase and dim in intensity over time) since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (paragraph 0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lights to be flashing, as taught by Nilsson, since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (Nilsson: paragraph 0137). The use of a flashing light would help to save power and would also assist in the positioning of the suction cup.
Nilsson fails to teach the light source is gradually changed in intensity.
However, Temores, reasonably pertinent to the problem of reducing distractions and reducing aggressiveness on the eyes, teaches a device that gradually emits light and vibration (Abstract) including the light source is gradually changed in intensity (apparatus that emits luminescence and vibration, in a homogeneous and gradual way, thanks to the concentric position of the LED's on the electronic card (5); in such a way that the light that comes from the LEDs, passes through the translucent surface of the diffuser (16) and the transparent cover (7), Page 4, middle paragraph) to modify the light to not be very aggressive to the eyes of a user (Page 4, middle paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flashing light to change in intensity at a slower pace, as taught by Temores, to modify the light to not be very aggressive to the eyes of a user (Temores: Page 4, middle paragraph). This modification would merely slow down the flashing light in such a way that the light is being emitted more gradually which would be less distracting to a rescuer, especially in an intensive emergency situation. The gradual change in light would also still achieve the same effect of saving power.
Regarding Claim 12, Nilsson teaches the claimed invention of Claim 1. The current embodiment of Nilsson fails to teach the light source is configured to cycle between gradually dimming in intensity and gradually increasing in intensity.
However, an alternate embodiment of Nilsson teaches the light source is configured to cycle between dimming in intensity and increasing in intensity (the light source may provide a flashing light instead of a constant light, the light source may provide a constant “white” light with a flashing colored light that assists the rescuer in positioning the suction cup as in the previous paragraph, paragraph 0137; flashing light would obviously increase and dim in intensity over time) since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (paragraph 0137).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lights to be flashing, as taught by Nilsson, since it is known to utilize flashing lights to assist in positioning the suction cup and to save power (Nilsson: paragraph 0137). The use of a flashing light would help to save power and would also assist in the positioning of the suction cup.
Nilsson fails to teach the light source is gradually changed in intensity.
However, Temores, reasonably pertinent to the problem of reducing distractions and reducing aggressiveness on the eyes, teaches a device that gradually emits light and vibration (Abstract) including the light source is gradually changed in intensity (apparatus that emits luminescence and vibration, in a homogeneous and gradual way, thanks to the concentric position of the LED's on the electronic card (5); in such a way that the light that comes from the LEDs, passes through the translucent surface of the diffuser (16) and the transparent cover (7), Page 4, middle paragraph) to modify the light to not be very aggressive to the eyes of a user (Page 4, middle paragraph).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flashing light to change in intensity at a slower pace, as taught by Temores, to modify the light to not be very aggressive to the eyes of a user (Temores: Page 4, middle paragraph). This modification would merely slow down the flashing light in such a way that the light is being emitted more gradually which would be less distracting to a rescuer, especially in an intensive emergency situation. The gradual change in light would also still achieve the same effect of saving power.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) in view of Petit (US 5766222 A).
Regarding Claim 13, in the alternative, Nilsson teaches the claimed invention of Claim 1. Nilsson also teaches the light source is within the compression mechanism (the light source may be mounted on the compression mechanism, paragraph 0135) and that the light source can be positioned above the suction cup to allow sufficient light to be transmitted through the material of the suction cup (paragraph 0136).
Nilsson fails to teach the light source is within the translucent suction cup.
However, Petit, reasonably pertinent to the problem of illuminating the interior of a cup, teaches a device for delivering phototherapeutic light to the nipple (Abstract) including the light source is within the cup (22 is within the shell 11, Fig 2; light source 14 is activated to provide phototherapeutic light which is conducted to diffuser tip 22 by means of fiber optic 13 to illuminate the interior of the device, Column 3, Lines 30-33) since this is a known location to illuminate the interior of a shell or cup (Column 3, Lines 30-33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to relocate the light source to be within the suction cup, as taught by Petit, since this is a known location to illuminate the interior of a shell or cup (Petit: Column 3, Lines 30-33). Since Nilsson already teaches the light source can be mounted on the compression mechanism, which includes the suction cup, and that the suction cup is specifically made of a material that transmits light, it would be obvious to use the teachings of Petit to merely relocate the light source directly within the suction cup itself. Doing so would still provide the same purpose of illuminating the suction cup for visual feedback and would also prevent any light blockage between the light source and suction cup.
Regarding Claim 14, Nilsson teaches the claimed invention of Claim 1. Nilsson also teaches the light source is within the compression mechanism (the light source may be mounted on the compression mechanism, paragraph 0135) and that the light source can be positioned above the suction cup to allow sufficient light to be transmitted through the material of the suction cup (paragraph 0136).
Nilsson fails to teach a fiberoptic conduit configured to convey light emitted by the light source to an interior of the translucent suction cup.
However, Petit, reasonably pertinent to the problem of illuminating the interior of a cup, teaches a device for delivering phototherapeutic light to the nipple (Abstract) including a fiberoptic conduit configured to convey light emitted by the light source to an interior of the cup (22 is within the shell 11 and is connected to 13, Fig 2; light source 14 is activated to provide phototherapeutic light which is conducted to diffuser tip 22 by means of fiber optic 13 to illuminate the interior of the device, Column 3, Lines 30-33) since this is a known location to illuminate the interior of a shell or cup and it is known to utilize fiber optics to produce this illumination (Column 3, Lines 30-33).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to relocate the light source to be within the suction cup and utilize a fiberoptic conduit to illuminate the light source, as taught by Petit, since this is a known location to illuminate the interior of a shell or cup and it is known to utilize fiber optics to produce this illumination (Petit: Column 3, Lines 30-33). Since Nilsson already teaches the light source can be mounted on the compression mechanism, which includes the suction cup, and that the suction cup is specifically made of a material that transmits light, it would be obvious to use the teachings of Petit to merely relocate the light source directly within the suction cup itself through the use of a fiberoptic conduit. Doing so would still provide the same purpose of illuminating the suction cup for visual feedback and would also prevent any light blockage between the light source and suction cup.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Nilsson et al. (US 2016/0143804 A1) in view of Dollarhide (US 2017/0312164 A1).
Regarding Claim 15, Nilsson teaches the claimed invention of Claim 1. Nilsson also teaches a need to save power in battery operated CPR machines by having the light source flash and the CPR machine being used in dark environments like at night or an unlit area (paragraph 0137). Nilsson fails to teach a photocell to measure an amount of ambient light, the photocell configured to generate a photocell signal based on a measured amount of ambient light, the light source being further configured to adjust an intensity of light emitted by the light source in response to the photocell signal.
However, Dollarhide, reasonably pertinent to the problem of saving power and controlling the light based on the ambient light, teaches a guide device (Abstract) including a photocell to measure an amount of ambient light, the photocell configured to generate a photocell signal based on a measured amount of ambient light, the light source being further configured to adjust an intensity of light emitted by the light source in response to the photocell signal (a light sensor 126 mounts in the body 24, to detect the amount of ambient light adjacent the guide device 20, control circuitry determines whether to turn the light source ON when the motion sensor detects motion of the ambulatory assist device equipped with the guide device 20 by comparing the signal indicative of the amount of ambient light sensed with a predetermined threshold, when the sensed light is above the threshold, the light source is disabled, when the sensed ambient light is below the threshold, the light source 120 is activated upon sensing motion, paragraph 0082; photocell for sensing ambient light, Claim 20; adjusting the intensity of the light is interpreted as turning on and off the light) to extend the battery life when the light is not needed like when there is sufficient ambient light (paragraph 0082).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the light source to be controlled by a photocell, as taught by Dollarhide, to extend the battery life when the light is not needed like when there is sufficient ambient light (Dollarhide: paragraph 0082). Since Nilsson already teaches about saving battery power and having the device being used in dark environments, this improvement would be useful in automatically controlling when the light source activates on the device. The photocell would save battery power by preventing activation of the light source when there is sufficient ambient light around and would also automatically activate the light when needed particularly in dark environments. It is noted that Applicant has not further claimed the adjustment of light intensity is happening while the light source is still activated or on.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for art cited of interest including:
US 20150051521 A1 discusses a sensor for use with a CPR device that has a camera and light source within a suction cup for monitoring a part of the body.
US 20140318544 A1 discusses a bag valve mask that utilizes black light and photoluminescent materials for low-light environments.
US 20130184618 A1 discusses a CPR device that utilizes laser alignment.
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/BRIAN T KHONG/ Examiner, Art Unit 3785
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