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 .
Double Patenting
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,219,567. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the patent encompass all subject matter within the claims of the application. For example, see table below comparing Claim 1 of the instant invention to Claim 1 of the patent. Claim 1 of the instant invention requires more structure than claim 1 of the instant invention (differences shown underlined and bold in the table), and these differences are not patentably distinct..
Claim 1 of instant invention
Claim 1 of US Patent 11,219,567
A patient support for supporting a patient, the patient support comprising
A patient support for supporting a patient, the patient support comprising
a conformable layer including a lattice of cells each having a base and extending to a top portion disposed opposite the base to form a column, with at least some cells within the lattice having a fluid passage extending from the base through the top portion of the cell, wherein the top portion of the lattice of cells defines a patient support surface area spanning the lattice of cells, and wherein the fluid passages of the cells of the conformable layer define an air volume and further define a material volume at least partially surrounding the air volume with the air volume being larger than the material volume;
a conformable layer including a lattice of cells each having a base and extending to a top portion disposed opposite the base to form a column, with at least some cells within the lattice having a fluid passage extending from the base through the top portion of the cell, wherein the top portion of the lattice of cells defines a patient support surface area spanning the lattice of cells, and wherein the fluid passages of the cells of the conformable layer define an air volume and further define a material volume at least partially surrounding the air volume with the air volume being larger than the material volume;
a spacer layer disposed above the conformable layer spanning the patient support surface area; a cover assembly enclosing the conformable layer and the spacer layer;
a spacer layer disposed above the conformable layer spanning the patient support surface area; a cover assembly enclosing the low air loss manifold, the conformable layer, and the spacer layer; and a port connector coupled to the low air loss manifold and configured for connection to a fluid source
a fluid source to direct fluid along a fluid flow path towards the fluid passages of the conformable layer, the fluid passages configured to direct the fluid into a reduced zone having a surface area, and the spacer layer configured to receive the fluid in the reduced zone and disperse the fluid underneath a top surface of the cover assembly across a surface area larger than the surface area of the reduced zone.
a low air loss manifold disposed below the conformable layer and enclosed by the cover assembly, with a fluid flow path defined between a fluid source and the low air loss manifold, the low air loss manifold configured to direct and release the fluid towards the fluid passages of the conformable layer with the fluid passages configured to direct the fluid into a reduced zone having a surface area, and the spacer layer configured to receive the fluid in the reduced zone and disperse the fluid underneath a top surface of the cover assembly across a surface area larger than the surface area of the reduced zone.
Allowable Subject Matter
Claims 1-20 are allowed pending the filing of a proper Terminal Disclaimer (TD).
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record was determined to be Lafleche (US 2010/0146709). Lafleche discloses a patient support (Fig. 1) for supporting a patient, the patient support comprising: a conformable layer (12) including a lattice of cells (20) each having a base and extending to a top portion disposed opposite the base to form a column, with at least some cells within the lattice having a fluid passage extending from the base through the top portion of the cell (see para. [0097]), wherein the top portion of the lattice of cells defines a patient support surface area spanning the lattice of cells (see Fig. 1) ; a spacer layer (14) disposed above the conformable layer spanning the patient support surface area; a cover assembly (19) enclosing the conformable layer, and the spacer layer. Lafleche further discloses a fluid source such as a blower or pump in para. [0096]). Lafleche fails to disclose wherein the fluid passages of the cells of the conformable layer define an air volume and further define a material volume at least partially surrounding the air volume with the air volume being larger than the material volume. The air volume and material volume of Lafleche are substantially the same since they occupy the same space. In contrast, Applicant’s air volume is contained within fluid passages at least partially surrounding the air volume as described in Applicant’s para. [0055]. Modifying Lafleche as required by Claim 1 would only be the result of impermissible hindsight reconstruction.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC J KURILLA whose telephone number is (571)270-7294. The examiner can normally be reached Monday-Thursday 7AM-6PM.
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, Anita Coupe can be reached at 571-270-3614. 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.
/ERIC J KURILLA/Primary Examiner, Art Unit 3619