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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 02/25/2026 is acknowledged. In the amendment, claims 1, 6, and 9 are amended. Claims 1-9 are currently pending.
The amendment to claim 1 overcomes the objection to claim 1.
Response to Arguments
Applicant’s arguments, see pages 5-6 and 8-9, filed 02/25/2026, with respect to the rejection(s) of claim(s) 1 and 9 under 102 and 103, respectively, have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited Husain (US 2016/0354228) in view of newly cited Haas (US 2002/0153367) with regard to claim 1 and in view of newly cited Husain (US 2016/0354228), in view of previously cited Dennis (US 2013/0090586), in view of newly cited Haas (US 2002/0153367) and in further view of newly cited Lina (US 5989204) with regard to claim 9.
. Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder “member” that is coupled with functional language “mating” without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: first mating member and second mating member in claim 4 and in claim 9.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “first mating member” and “second mating member” described in the specification includes hook and loop fastener, a strap, a snap button fastener, a magnetic fastener (Applicant’s specification, page 5, lines 5-11).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husain (Us 2016/0354228) in view of Haas (US 2002/0153367).
Regarding claim 1, Husain discloses a cushioning apparatus (100) (Fig. 2) ([0003], a protective wrap that has air bubbles that cushion and relieve pressure on a patient wrapped therein) for preventing sores from developing on a body of a user ([0003], capable of intended use), the cushioning apparatus comprising: a wrap (112) ([0017]) (Figs. 1-5) comprising a first layer (112) and a second layer (150) coupled together (annotated Fig. 3 below) ([0017]), the first layer being coextensive with the second layer (Fig. 1, Fig. 3), the wrap having a casing portion (annotated Fig. 3, interior space between first and second layers) in which the first layer and the second layer surround an interior space (annotated Fig. 3),
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the first and second layers comprising a material ([0025]) wherein the wrap is configured to be curved into a use position to surround a portion of the body of the user (Fig. 3) where a bed sore is located ([0017], device for healing of decubitus), each of the first layer and the second layer having a continuous planar exterior surface (Fig. 1, shows the front side has a continuous planar exterior surface; [0019], indicates that the patient is enclosed within the wrap and thus it is evidenced that the second layer 150 [skin contact area] has a continuous planar exterior surface) wherein one of the first layer and the second layer is configured to be in direct physical contact with the portion of the body of the user where the bed sore is located ([0018], skin contact layer 150 [second layer] is configured to be in direct physical contact with the portion of the body of the user where the bed sore is located); and a support member (120) ([0018]) coupled to the wrap ([0017], the wrap contains compression bubbles) and positioned in the interior space of the casing portion (annotated Fig. 3 above), the support member comprising a plurality of enclosed capsules ([0017], compression bubbles are enclosed capsules), each enclosed capsule of the plurality of enclosed capsules surrounding a volume of gas ([0017], compression bubbles are filled with a gas such as air).
Husain does not disclose the first and second layers comprising a flexible fabric material.
Haas teaches an analogous wrap 50 ([0043], for use as wrap around a human body) comprising an analogous first layer (top of blanket), and an analogous second layer (bottom of blanket), the wrap having an analogous casing portion ([0036], the wrap holds a heater element and thus has a casing portion) and the first and second layers comprising a flexible fabric material ([0043], the blanket is comprised of a non-woven polypropylene base fabric; NOTE: Applicant’s specification at page 4, lines 1-17 recites that the flexible fabric material may be a polypropylene; Haas teaches use of a polypropylene fabric and thus it is implied to be a flexible fabric as a polypropylene fabric is given as an example of a flexible fabric in the specification and it is also claimed in claim 3 of the application).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first and second layers comprising a material of the cushioning apparatus of Hussain are comprising a flexible fabric material, as taught by Haas, in order to provide an improved cushioning apparatus that is of a material that is appropriate to wrap around a human, that is fire resistant and disposable (Haas, [0043]).
Regarding claim 2, Husain in view of Haas discloses the invention as described above with regard to claim 1.
The combination further discloses wherein the flexible fabric material is absorbent such that the flexible fabric material is configured to absorb body fluid of the user (polypropylene fabric of Haan [0043] is the material used in Husain in the combination and it is capable of intended use; per Applicant’s specification at page 4, lines 1-17, polypropylene fabric material is given as an example of a flexible fabric material configured to absorb fluid of the user).
Regarding claim 3, Husain in view of Haas discloses the invention as described above with regard to claim 2.
The combination further discloses wherein the flexible fabric material comprises polypropylene (Haan, [0043], see above claims 1 and 2 for explanation of the material of Husain being a flexible fabric that comprises polypropylene).
Regarding claim 4, Husain in view of Haas discloses the invention as described above.
Husain further discloses further comprising a connector (17) coupled to the wrap ([0017]), the connector having a first mating member and a second mating member ([0017], per 112f analysis above, hook and loop are equivalents to mating members) positioned opposite each other across the casing portion ([0017], hook portion is the first mating member and the loop portion is the second mating member and as they are along a left and a right side they are opposite each other across the casing portion), the first mating member being releasably couplable to the second mating member to secure the wrap in the use position ([0017], capable of intended use as hook and loop are releasably couplable).
Regarding claim 7, Husain in view of Haas discloses the invention as described above with regard to claim 1.
Husain further discloses wherein the volumes of gas of the plurality of capsules are separated from each other (Fig. 3 shows the volumes of gas of the plurality of capsules are separated from each other).
Regarding claim 8, Husain in view of Haas discloses the invention as described above with regard to claim 1.
Husain, in an embodiment of Fig. 1, in view of Hass further discloses wherein the plurality of enclosed capsules is arranged in an array (Fig. 1).
Husain in an embodiment of Fig. 1 in view of Haas does not disclose the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows.
Husain teaches in an embodiment of Fig. 10 wherein the plurality of enclosed capsules is arranged in an array ([0022]), the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows (see annotated Fig. 10 below).
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It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the plurality of enclosed capsules of the cushioning apparatus of Husain, in an embodiment of Fig. 1, in view of Haas is arranged in an array, the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows, as taught by Husain in an embodiment of Fig. 10, in order to provide an improved cushioning apparatus that provides more cushioning and that allows the patient to rotate more easily (Husain, [0022]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husain (Us 2016/0354228) in view of Haas (US 2002/0153367) as applied to claim 4 above, and further in view of Dennis (US 2013/0090586).
Regarding claim 5, Husain in view of Haas discloses the invention as described above with regard to claim 4.
Husain in view of Haas does not disclose wherein: the wrap has a first tab portion and a second tab portion positioned opposite each other across the casing portion, the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap; and the first mating member of the connector is positioned on the first tab portion of the wrap, the second mating member of the connector being positioned on the second tab portion of the wrap.
Dennis teaches an analogous cushioning apparatus (100) ([0046]; capable of intended use) comprising an analogous wrap (110) comprising an analogous first layer (145) (annotated Fig. 4 below)
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and an analogous second layer (130) (annotated Fig. 4), each of the first layer and the second layer having a continuous planar surface (NOTE: the layers are continuous and planar as seen in annotated Fig. 3 below where the tab portions are disposed) and an analogous casing portion (annotated Fig. 4 above; NOTE: as described above with regard to the rejection to claim 1, the casing is a top surface of the first layer [which here is 145] and a side surface of the wrap [as seen in annotated Fig. 4 above] thus Dennis has a casing); and an analogous support member (135, 140) ([0052]; [0053]; it is a compressible partial backstop and is thus an analogous support member) coupled to the wrap (Fig. 4) and positioned in an analogous interior space of the casing (Fig. 4, layer 135 is coupled in an space in the casing, i.e. if layer 135 were removed there would be a space in the casing) and further comprising an analogous connector (160, 145) ([0055]; Fig. 3, NOTE: hook and loop materials are the connector) ([0055]; Fig. 3) coupled to the wrap (Fig. 3), the connector having an analogous first mating member (160) and an analogous second mating member ([0055]; pile material; NOTE: per 112f analysis above hook and loop are equivalents to mating members) positioned opposite each other across the casing portion (Fig. 1 shows the hook member 160 [first mating member] of the connector 155 coupled to the pile on surface 145, and they are positioned opposite one another as seen in Fig. 1 across a portion of the casing [outer surface of the first layer]), the first mating member being releasably couplable to the second mating member to secure the wrap in the use position ([0055]; capable of intended use), wherein the wrap has a first tab portion (155) ([0055]; flap in annotated Fig. 3 below)
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and a second tab portion (150) ([0055]; second flap in annotated Fig. 3 above) positioned opposite each other across the casing portion (Fig 3), the first layer being coupled to the second layer in the first tab portion (Fig. 3, Fig. 4) and the second tab portion of the wrap (Fig. 3, Fig. 4; NOTE: the wrap as a whole includes the first and second tab portions and the wrap as a whole includes the first layer and the second layer thus the first and second layer are coupled in the first tab portion and the second tab portion which portions are a part of the wrap); and the first mating member of the connector is positioned on continuous planar exterior surface of the first layer on the first tab portion of the wrap (annotated Fig. 3, the mating member is on tab portion; annotated Fig. 3; [0055]; NOTE: loop is on the outer surface 145 of the wrap which outer surface is the continuous planar exterior surface and the tabs are a part of the wrap and include the outer surface thus the loop is on the tab and continuous planar outer surface), the second mating member of the connector being positioned on the on the second tab portion of the wrap (annotated Fig. 3; [0055]; NOTE: hook [second mating member is on the second tab portion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the wrap of the cushioning apparatus of Husain in view of Haas has a first tab portion and a second tab portion positioned opposite each other across the casing portion, the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap; and the first mating member of the connector is positioned on the continuous planar exterior surface of the first tab portion of the wrap, the second mating member of the connector being positioned on second tab portion of the wrap, as taught by Dennis, in order to provide an improved cushioning apparatus that that provides a user with adjustability with respect to tightness and position of the wrap (Dennis, [0055]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husain (Us 2016/0354228) in view of Haas (US 2002/0153367) and in view of Dennis (US 2013/0090586), as applied to claim 5 above, and further in view of Lina (US 5989204).
Regarding claim 6, Husain in view of Haas and in further view of Dennis discloses the invention as described above with regard to claim 5.
The combination does not disclose wherein the second mating member of the connector is positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap.
Lina teaches an analogous cushioning apparatus comprising an analogous wrap (1) comprising an analogous first layer (2) and an analogous second layer (3) coupled together (col. 3, line 58 to col. 4, line 26, two sheets bonded together to form bladder 9), the first layer being coextensive with the second layer (col. 4, lines 27-28), the wrap having an analogous casing portion (9) (the two sheets/layers are a casing for the bladder), each of the first layer and the second layer having a continuous planar exterior surface (col. 3, lines 58-67; sheets 2 and 3 are each layers having a continuous planar exterior surface; Figs. 1, 2, 4 and 5 show sheets 2 and 3 have a continuous exterior surface that is planar in sections), and further comprising an analogous connector having a first analogous mating member and a second analogous mating member (col. 3, line 58 to col. 4, line 26, hook and loop which is are equivalent first and second mating members per 112f analysis) wherein: the wrap has an analogous first tab portion (5) and an analogous second tab portion (4) positioned opposite each other across the casing portion (Fig. 6, Fig. 2), the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap (col. 3, line 58 to col. 4, line 26, two sheets 2, 3 bonded together to form a bladder with tabs 4, 5, and 7 extending from the bladder thus the first layer [one of the sheets] is coupled to the second layer [the other sheet] in the first tab portion 4 and the second tab portion 5; Fig. 3; col. 5, line 58 to col. 6, line 11, wrap tab 5 over tab 4 where they overlap); and the first mating member (loop, col. 4, lines 8-16, Fig. 2; annotated Fig. 4 below)
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of the connector is positioned on the continuous planar exterior surface of the first layer on the first tab portion of the wrap (col. 4, lines 8-16, the outer surface of sheet 2 has loops like those found on Velcro loop material; Fig. 1 shows the sheet 2 which has tab 4 [first tab portion] and loop [first mating member] positioned on sheet 2 which includes the first tab portion 4 of the wrap; col. 4, lines 8-16, the outer surface of sheet 2 has loops like those found on Velcro loop material; Fig. 5 shows sheet 2 is the continuous planar exterior surface of the first layer, and it has loop thus the first mating member of the connector is positioned on the continuous planar exterior surface of the first layer of the first tab portion of the wrap), the second mating member (hook, col. 4, lines 8-16, Fig. 2) of the connector being positioned on the continuous planar exterior surface of the second layer of the second tab portion of the wrap (col. 4, lines 8-16; col. 5, lines 42-46, hook patch 6 is sewn on the outer surface of inner sheet 3 [second layer] and is located on the outer surface of inner sheet 3; Fig. 2 shows the first mating member 6 [hook fastener] of the connector is positioned on the second tab portion 5; col. 5, lines 31-46; ; Fig. 5 shows hook fastener on the continuous planar exterior surface).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the second mating member of the connector of the cushioning apparatus of Husain in view of Haas and in further view of Dennis is positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap, as taught Lina, in order to provide an improved cushioning apparatus that facilitates adjusting the tightness of the fit to the degree desired (Lina, col. 5, line 58 to col. 6, line 11).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Husain (US 2016/0354228) in view of Dennis (US 2013/0090586), in view of Haas (US 2002/0153367) and in further view of Lina (US 5989204).
Regarding claim 9, Husain, in an embodiment of Figs. 1 and 3-5, discloses a cushioning apparatus (100) (Fig. 2) ([0003], a protective wrap that has air bubbles that cushion and relieve pressure on a patient wrapped therein) for preventing sores from developing on a body of a user ([0003], capable of intended use), the cushioning apparatus comprising: a wrap (112) ([0017]) (Figs. 1-5) comprising a first layer (112) and a second layer (150) coupled together (annotated Fig. 3 above with regard to the claim 1 rejection), the first layer being coextensive with the second layer (Fig. 1, Fig. 3), the wrap having a casing portion (annotated Fig. 3 above with regard to claim 1, interior space between first and second layers) in which the first layer and the second layer surround an interior space (annotated Fig. 3 above), the first and second layers comprising a material ([0025]) wherein the wrap is configured to be curved into a use position to surround a portion of the body of the user (Fig. 3) where a bed sore is located ([0017], device for healing decubitus), each of the first layer and the second layer having a continuous planar exterior surface (Fig. 1, shows the front side has a continuous planar exterior surface; [0019], indicates that the patient is enclosed within the wrap and thus it is evidenced that the second layer 150 [skin contact area] has a continuous planar exterior surface) wherein one of the first layer and the second layer is configured to be in direct physical contact with the portion of the body of the user where the bed sore is located ([0018], skin contact layer 150 [second layer] is configured to be in direct physical contact with the portion of the body of the user where the bed sore is located); a support member (120) ([0018]) coupled to the wrap ([0017], the wrap contains compression bubbles) and positioned in the interior space of the casing portion (annotated Fig. 3 with regard to claim 1), the support member comprising a plurality of enclosed capsules ([0017], compression bubbles are enclosed capsules), each enclosed capsule of the plurality of enclosed capsules surrounding a volume of gas ([0017], compression bubbles are filled with a gas such as air), the volumes of gas of the plurality of capsules being separated from each other (Fig. 3), the plurality of enclosed capsules being arranged in an array (Fig. 1); and a connector (17) coupled to the wrap ([0017]), the connector having a first mating member ([0017], per 112f analysis above, hook and loop are equivalents to mating members so one of the hook and loop is the first mating member) positioned on the continuous planar exterior surface of the first layer ([0017]; hook and loop portion along a complete left and right side; Fig. 5 shows the hook/loop 170 on the first layer [outer relative to user] opposite layer 160), the connector having a second mating member ([0017], per 112f analysis above, hook and loop are equivalents to mating members so the other of the hook and loop is the second mating member) positioned on the continuous planar exterior surface of the second layer ([0017]; hook and loop portion along a complete left and right side; Fig. 5 shows the hook/loop 170 on the second layer 160), the first mating member being releasably couplable to the second mating member to secure the wrap in the use position ([0017], capable of intended use as hook and loop are releasably couplable), the connector comprising a hook-and- loop fastener ([0017]).
Husain does not disclose the wrap having a first tab portion and a second tab portion positioned opposite each other across the casing portion, the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap, the first and second layers comprising a flexible fabric material, the flexible fabric material being absorbent such that the flexible fabric material is configured to absorb body fluid of the user;positioned on the continuous planar exterior surface of the first layer on the first tab portion of the wrap, the connector having a second mating member positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap.
Dennis teaches an analogous cushioning apparatus (100) ([0046]; capable of intended use) comprising an analogous wrap (110) comprising an analogous first layer (145) (annotated Fig. 4 above with regard to the claim 5 rejection) and an analogous second layer (130) (annotated Fig. 4), each of the first layer and the second layer having a continuous planar surface (NOTE: the layers are continuous and planar as seen in annotated Fig. 3 above with regard to claim 5 where the tab portions are disposed) and an analogous casing portion (annotated Fig. 4 above with regard to claim 5; NOTE: as described above with regard to the rejection to claim 1, the casing is a top surface of the first layer [which here is 145] and a side surface of the wrap [as seen in annotated Fig. 4 above] thus Dennis has a casing); and an analogous support member (135,140) ([0052]; [0053] it is a compressible partial backstop and is thus an analogous support member) coupled to the wrap (Fig. 4) and positioned in an analogous interior space of the casing (Fig. 4, layer 135 is coupled in an space in the casing, i.e. if layer 135 were removed there would be a space in the casing) and further comprising an analogous connector (160, 145) ([0055]; Fig. 3, NOTE: hook and loop materials are the connector) ([0055]; Fig. 3) coupled to the wrap (Fig. 3), the connector having an analogous first mating member (160) and an analogous second mating member ([0055]; pile material; NOTE: per 112f analysis above hook and loop are equivalents to mating members) positioned opposite each other across the casing portion (Fig. 1 shows the hook member 160 [first mating member] of the connector 155 coupled to the pile on surface 145, and they are positioned opposite one another as seen in Fig. 1 across a portion of the casing [outer surface of the first layer]), the first mating member being releasably couplable to the second mating member to secure the wrap in the use position ([0055]; capable of intended use), wherein the wrap has a first tab portion (155) ([0055]; flap in annotated Fig. 3 above with regard to Fig. 5) and a second tab portion (150) ([0055]; second flap in annotated Fig. 3 above) positioned opposite each other across the casing portion (Fig 3), the first layer being coupled to the second layer in the first tab portion (Fig. 3, Fig. 4) and the second tab portion of the wrap (Fig. 3, Fig. 4; NOTE: the wrap as a whole includes the first and second tab portions and the wrap as a whole includes the first layer and the second layer thus the first and second layer are coupled in the first tab portion and the second tab portion which portions are a part of the wrap); and the first mating member of the connector is positioned on the continuous planar exterior surface of the fist layer on the first tab portion of the wrap (annotated Fig. 3, the mating member is on tab portion; annotated Fig. 3; [0055]; NOTE: loop is on the outer surface 145 of the wrap which outer surface is the continuous planar exterior surface and the tabs are a part of the wrap and include the outer surface thus the loop is on the tab and continuous planar outer surface), the second mating member of the connector being positioned on the second tab portion of the wrap (annotated Fig. 3; [0055]; NOTE: hook [second mating member is on the second tab portion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the wrap of the cushioning apparatus of Husain has a first tab portion and a second tab portion positioned opposite each other across the casing portion, the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap; and the first mating member of the connector is positioned on the continuous planar exterior surface of the first layer of the first tab portion of the wrap, the second mating member of the connector being positioned on the second tab portion of the wrap, as taught by Dennis, in order to provide an improved cushioning apparatus that that provides a user with adjustability with respect to tightness and position of the wrap (Dennis, [0055]).
Husain in view of Dennis discloses the invention as described above.
Husain in view of Dennis does not disclose the first and second layers comprising a flexible fabric material, the flexible fabric material being absorbent such that the flexible fabric material is configured to absorb body fluid of the user; the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows, the connector having a second mating member positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap.
Haas teaches an analogous wrap 50 ([0043], for use as wrap around a human body) comprising an analogous first layer (top of blanket), and an analogous second layer (bottom of blanket), the wrap having an analogous casing portion ([0036], the wrap holds a heater element and thus has a casing portion) and the first and second layers comprising a flexible fabric material ([0043], the blanket is comprised of a non-woven polypropylene base fabric; NOTE: Applicant’s specification at page 4, lines 1-17 recites that the flexible fabric material may be a polypropylene; Haas teaches use of a polypropylene fabric and thus it is implied to be a flexible fabric as a polypropylene fabric is given as an example of a flexible fabric in the specification and it is also claimed in claim 3 of the application), the flexible fabric material being absorbent such that the flexible fabric material is configured to absorb body fluid of the user (polypropylene fabric of Haan [0043] is the material used in Husain in the combination and it is capable of intended use; per Applicant’s specification at page 4, lines 1-17, polypropylene fabric material is given as an example of a flexible fabric material configured to absorb fluid of the user).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the first and second layers comprising a material of the cushioning apparatus of Hussain in view of Dennis are comprising a flexible fabric material, the flexible fabric material being absorbent such that the flexible fabric material is configured to absorb body fluid of the user, as taught by Haas, in order to provide an improved cushioning apparatus that is of a material that is appropriate to wrap around a human, that is fire resistant and disposable (Haas, [0043]).
Husain in view of Dennis and in further view of Haas discloses the invention as described above.
The combination fails to disclose the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows; the connector having a second mating member positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap.
Husain teaches in an embodiment of Fig. 10 wherein the plurality of enclosed capsules is arranged in an array ([0022]), the array comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows (see annotated Fig. 10 above with regard to the claim 8 rejection).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the array of the plurality of enclosed capsules of the cushioning apparatus of Husain (in an embodiment of Fig. 1) in view of Dennis and in further view of Haas is comprising a plurality of rows of enclosed capsules, the plurality of rows being aligned parallel to each other, the enclosed capsules of adjacent rows of the plurality of rows being offset from each other along their respective rows, as taught by Husain in an embodiment of Fig. 10, in order to provide an improved cushioning apparatus that provides more cushioning and that allows the patient to rotate more easily (Husain, [0022]).
Husain in view of Dennis and in further view of Haas as combined discloses the invention as described above.
The combination fails to disclose the connector having a second mating member positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap.
Lina teaches an analogous cushioning apparatus comprising an analogous wrap (1) comprising an analogous first layer (2) and an analogous second layer (3) coupled together (col. 3, line 58 to col. 4, line 26, two sheets bonded together to form bladder 9), the first layer being coextensive with the second layer (col. 4, lines 27-28), the wrap having an analogous casing portion (9) (the two sheets/layers are a casing for the bladder), each of the first layer and the second layer having a continuous planar exterior surface (col. 3, lines 58-67; sheets 2 and 3 are each layers having a continuous planar exterior surface; Figs. 1, 2, 4 and 5 show sheets 2 and 3 have a continuous exterior surface that is planar in sections), and further comprising an analogous connector having a first analogous mating member and a second analogous mating member (col. 3, line 58 to col. 4, line 26, hook and loop which is are equivalent first and second mating members per 112f analysis) wherein: the wrap has an analogous first tab portion (5) and an analogous second tab portion (4) positioned opposite each other across the casing portion (Fig. 6, Fig. 2), the first layer being coupled to the second layer in the first tab portion and the second tab portion of the wrap (col. 3, line 58 to col. 4, line 26, two sheets 2, 3 bonded together to form a bladder with tabs 4, 5, and 7 extending from the bladder thus the first layer [one of the sheets] is coupled to the second layer [the other sheet] in the first tab portion 4 and the second tab portion 5; Fig. 3; col. 5, line 58 to col. 6, line 11, wrap tab 5 over tab 4 where they overlap); and the first mating member (loop, col. 4, lines 8-16, Fig. 2; annotated Fig. 4 above with regard to claim 6 rejection) of the connector is positioned on the continuous planar exterior surface of the first layer on the first tab portion of the wrap (col. 4, lines 8-16, the outer surface of sheet 2 has loops like those found on Velcro loop material; Fig. 1 shows the sheet 2 which has tab 4 [first tab portion] and loop [first mating member] positioned on sheet 2 which includes the first tab portion 4 of the wrap; col. 4, lines 8-16, the outer surface of sheet 2 has loops like those found on Velcro loop material; Fig. 5 shows sheet 2 is the continuous planar exterior surface of the first layer, and it has loop thus the first mating member of the connector is positioned on the continuous planar exterior surface of the first layer of the first tab portion of the wrap), the second mating member (hook, col. 4, lines 8-16, Fig. 2) of the connector being positioned on the continuous planar exterior surface of the second layer of the second tab portion of the wrap (col. 4, lines 8-16; col. 5, lines 42-46, hook patch 6 is sewn on the outer surface of inner sheet 3 [second layer] and is located on the outer surface of inner sheet 3; Fig. 2 shows the first mating member 6 [hook fastener] of the connector is positioned on the second tab portion 5; col. 5, lines 31-46; ; Fig. 5 shows hook fastener on the continuous planar exterior surface).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the second mating member of the connector of the cushioning apparatus of Husain in view of Dennis and in further view of Haas as combined is being positioned on the continuous planar exterior surface of the second layer on the second tab portion of the wrap, as taught Lina, in order to provide an improved cushioning apparatus that facilitates adjusting the tightness of the fit to the degree desired (Lina, col. 5, line 58 to col. 6, line 11).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
