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 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.
Claim 1 and 6-7 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Augustine (US 2012/0279953).
Regarding claim 1, Augustine discloses a patient warming system, comprising: a warming device (fig.1; heater assembly 1) comprising a heating element (fig.1; heater assembly 10) and one or more temperature sensors (fig.5; temperature sensor assembly 110); and a control unit (fig.29; console 180) comprising: an I/O interface, the heating element (fig.1; heating element 10) and one or more temperature sensors (temperature sensor assembly 110 and secondary over-temperature temperature sensor assembly 115) of the warming device coupled to the control unit via the I/O interface [0124]; a controller configured to: execute an application program stored in a memory of the control unit [0132], the application program configured to control application of power to the heating element relative to a set temperature (fig.19); and execute a monitoring program stored in the memory of the control unit (the feedback loop from the measured temperature, see [0121]), the monitoring program configured to monitor the temperature of the warming device and cut off application of power to the heating element in the event that an over-temperature condition is detected (fig.19, see also [0122]); control and cutoff circuitry coupled to the I/O interface [0124], the control and cutoff circuitry configured to: apply power to the heating element in response to the application program executed by the controller (fig.19; step 320, see also [0132]-[0134]); cut off power to the heating element in response to the monitoring program as executed by the controller detecting an over-temperature condition (fig.19, [0132]-[0134]); and cut off power to the heating element in response to the control and cutoff circuitry detecting an over-temperature condition (fig.19), independent of any detection from the monitoring program (fig.19, step 340 functions without the temperature feedback loop).
Regarding claim 6, Augustine discloses the patient warming system of claim 1, wherein the control and cutoff circuitry further comprises a software-controlled switch coupled to the controller for cutting off power to the I/O interface upon detection of an over-temperature condition (fig.19, see also [0132]).
Regarding claim 7, Augustine discloses the patient warming system of claim 6, wherein the application program as executed by the controller controls the software-controlled switch to apply power to the warming device (fig.19, see also [0132]).
Allowable Subject Matter
Claim 2-5 and 8-9 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The Examiner has failed to identify any reference which that, either alone or in combination discloses, suggests or renders obvious of the patient warming system of claim 1, wherein the control and cutoff circuitry comprises two or more independent noise-filter and amplifier circuits, each noise-filter and amplifier circuit configured to filter and amplify respective temperature sensor data input to the control unit from a coupled warming device or wherein the control and cutoff circuitry comprises: a first switch coupling a positive terminal of a power source to the heating element; and a second switch coupling a negative terminal of the power source to the heating element, wherein the application program as executed by the controller controls the opening and closing of both the first switch and the second switch while also teaching each and every limitation set forth in independent claim
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
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