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 § 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.
SET I:
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giap (20130152950), or in the alternative under 35 U.S.C. 103 as being unpatentable over Giap in view of either Littleton (4675925) or Palen (8161583).
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[0082] FIGS. 2 and 3 also show two disengaged padded substrates 16 which are substantially planar. These padded substrates 16 are flexible and have an inner edge 17 that may be permanently fastened to center section 12 by sewing with durable thread or another suitable means, or temporarily fastened with a hook and loop fastener, such as Velcro.RTM. or other such removable fasteners.
[0089] FIG. 7 shows a view of the bottom surface 26 of the device 10. Belt 29 has connector 33 attached at the respective ends and is coupled to handles 14. This belt 29 and connector 33 secure device 10 to the support surface, for example, an operating table or bed. The quantity and orientation of belt 29 and connector 33 is not limited by the drawing as shown but is merely simplified for illustrative purposes.
[0088] FIG. 6 shows the device 10 as optionally having a soft, foam pad 84 removably engaged to the top surface 24. This foam pad 84 is strategically placed in the buttock area to prevent pressure ulcers that may occur when a patient remains in the same position for an extended period of time such as during a long surgery or when a patient is confined to a hospital bed. Engagement may be by peel and stick adhesive or hook and loop fabric, or other means for removable engagement.
Regarding claim 1, Giap teaches a sheet covering device, comprising: a flexible planar member (10), at least one connecting device (33) removably connected to said flexible planar member via an elongated flexible member (29), and at least one restraining device (16) removably attached to a surface of said flexible planar member (cited above); and pad (either 28/84) removably attached to a surface of said flexible planar member. Giap meets all claimed limitations except for the towel removably attached.
Palen or Littleton, each teaches that it is known in the art to provide a towel (absorbent pad note that towel is defined as a piece of absorbent like paper or fabric and the absorbent in Palen or Littleton meets this definition) removably attached. It would have been obvious to one of ordinary skill in the art to provide a towel as taught by Palen or Littleton to enable a person can change/remove the soiled contents easily without replacing the entire device.
Regarding claim 2, note Giap does not explicitly teaches the connecting device (33) being a clip. It would have been obvious to one of ordinary skill in the art to provide a clip since a clip is a well-known connecting device for two material and inexpensive. Also, it would have been obvious to one of ordinary skill in the art to provide clip as an alternative fastening means.
Regarding claim 3, note the connecting device in Giap the connecting device (33) inherently has a weight (as any object would) as claimed.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Giap rejection, as set forth above, and further in view of Bloxson (5520364).
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The invention can be easily attached to a cover and suspended from an edge of the cover above the ground surface, or laid directly upon the ground surface. For example, the invention may be attached to bed sheets
In the alternative to claims 2 and 3, Bloxson teaches that it is known in the art to provide a connecting device being a clip (2) removably connected to said flexible planar member via
an elongated flexible member (22) and weight (12). Bloxson also teaches the device can be used on bed sheet. It would have been obvious to one of ordinary skill in the art to provide the weight of Bloxon to keep the sheet in a spread-out condition.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Giap rejection, as set forth above in paragraph 3, and further in view of Sullivan (6182309). Sullivan teaches that it is known in the art to provide an elastomeric strap 40. It would have been obvious to one of ordinary skill in the art to provide the elastomeric strap as taught by Sullivan to secure the device of device of Giap in the rolled position for storage.
SET II:
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hooper in view of Chapman (6772764), and further in view of Littleton (4675925) or Palen (8161583).
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A represents the sheet, which is made of a double thickness of canvas, quilted or lined, if desired, and provided with transverse stays and rows of stitching to give it strength to resist the struggles of the patient. This sheet is made of a shape at its outer edges to substantially conform to the ground plan of the bed and has along its side edges, at close intervals, straps or cords a, which may have snap-hooks, buckles, or any other fastenings which will form a secure and easily attached and detached mode of fastening the same to the bed-rails or which may be passed under the bed and connected together beneath the same.
Regarding claim 1, Hooper teaches a sheet covering device, comprising: a flexible planar member (A), at least one connecting device (106) removably connected to said flexible planar member via an elongated flexible member (a), and at least one restraining device (d) attached to
a surface of said flexible planar member. Hooper meets all claimed limitations except for a) the restraining device removably attached to the surface of the planar member and b) the towel being removably attached. Chapman teaches that it is known in the art to have the wrist restrain device removably attached
For this purpose, the system 10 may include optional hook or loop material strips 106 for releasably attaching the wrist restraint system 220 thereto, and hook or loop material strips 108 for releasably attaching the ankle restraint system 230 when the system 10 is in storage. The hook or loop material strips 106, 108 are preferably positioned on the upper layer 100.
It would have been obvious to one of ordinary skill in the art to provide the restraints in Hooper removably attached to enable one to clean the device easily and/or for storage.
Palen or Littleton, each teaches that it is known in the art to provide a towel (absorbent pad note that towel is defined as a piece of absorbent like paper or fabric and the absorbent in Palen or Littleton meets this definition) removably attached. It would have been obvious to one of ordinary skill in the art to provide a towel as taught by Palen or Littleton to enable a person can change the soiled contents easily.
Regarding claim 2, note Hooper teaches the clips at the ends of (a).
Regarding claim 3, note the connecting device in Hooper inherently has a weight (as any object would) as claimed.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hooper rejection, as set forth above, and further in view of Bloxson (5520364).
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The invention can be easily attached to a cover and suspended from an edge of the cover above the ground surface, or laid directly upon the ground surface. For example, the invention may be attached to bed sheets
In the alternative to claim 3, Bloxson teaches that it is known in the art to provide a
an elongated flexible member (22) and weight (12). Bloxson also teaches the device can be used on bed sheet. It would have been obvious to one of ordinary skill in the art to provide the weight of Bloxon to keep the sheet in a spread-out condition.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hooper rejection, as set forth above in paragraph 6, and further in view of Sullivan (6182309). Sullivan teaches that it is known in the art to provide an elastomeric strap 40. It would have been obvious to one of ordinary skill in the art to provide the elastomeric strap as taught by Sullivan to secure the device of device of Giap in the rolled position for storage.
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TRI M. MAI
Examiner
Art Unit 3733
/TRI M MAI/Primary Examiner, Art Unit 3733