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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the hooking apparatus (claim 9), and the caps (claims 11-13) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Blurton et al. (US Publication No. 2009/0264709 A1).
Regarding Claim 1, Blurton discloses a device (Fig. 5) , comprising: a belt (104); an adjustment mechanism (102b) to adjust a distance of the belt between an end of the belt (end located on top of pad 102a in Fig. 5) and the adjustment mechanism (Fig. 5); an adhesive material (102a) coupled to the end of the belt to adhere to a portion of skin of a human user, wherein the adjustment mechanism adjusts a distance between the portion of skin of the human user and the adjustment mechanism (see description of use in [0067].
Regarding Claim 2, the adhesive material (102a) is removable from the end of the belt (104) (adhesive pad is connected to belt with hook and loop fasteners, [0049]).
Regarding Claim 3, the adhesive material (102a) is coupled to the end of the belt by a connection interface (hook and loop, hook portion on pad 102a, [0049]).
Regarding Claim 4, the connection interface is a system of hooks and loops [0049].
Claim(s) 1-3, 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sharp et al. (US Patent No. 9381007 B2).
Regarding Claim 1, Sharp discloses a device (Fig. 7) , comprising: a belt (104); an adjustment mechanism (108+112) to adjust a distance of the belt between an end of the belt (end located at connector 706m in Fig. 7 ) and the adjustment mechanism (location of 112, where 108 would grip 112); an adhesive material (706 disclosed as being an adhesive pad (col. 5; ln. 26-27)) coupled to the end of the belt to adhere to a portion of skin of a human user (Fig. 7) (col. 5; ln. 20-45), wherein the adjustment mechanism adjusts a distance between the portion of skin of the human user and the adjustment mechanism (col. 5; ln. 20-45).
Regarding Claim 2, the adhesive material (adhesive of pad 706) is removable from the end of the belt (104) (adhesive pad is connected to belt with connector 706m and belt can be slid out of connector for detachment).
Regarding Claim 3, the adhesive material (adhesive of pad 706) is coupled to the end of the belt by a connection interface (706m+).
Regarding Claim 5, the adjustment mechanism (108+112) is a ratcheting mechanism to adjust the distance of the belt incrementally (disclosed in col. 3; ln. 34-37).
(first interpretation) Regarding Claim 6, Sharp discloses a device (Fig. 7), comprising: a belt (104); an adjustment mechanism (108+112) to adjust a distance of the belt between a first end (end attached to 706m) and a second end (end attached to 102); a first adhesive material (adhesive material located on pad 706) coupled to the first end of the belt to adhere to a first portion of skin of a human user (Fig. 7) ; and a second adhesive material (adhesive located on pad 102) coupled to the second end of the belt to adhere to a second portion of skin of human user, wherein the adjustment mechanism adjusts a distance between the first portion of skin of the human user and the second portion of skin of the human user (col. 5; ln. 20-45).
(first interpretation) Regarding Claim 8, the first adhesive material is applied to a first disposable surface and the second adhesive material is applied to a second disposable surface (both surfaces 102 and 706 can be thrown away after use and so there is no structural distinction from the claimed language).
(second interpretation) Regarding Claim 6, Sharp discloses a device (Fig. 7), comprising: a belt (entire flexible construct including elements 706, 706m, 104, 102 in Fig. 7); an adjustment mechanism (108+112) to adjust a distance of the belt between a first end (706) and a second end (102); a first adhesive material (adhesive material located on portion 706) coupled to the first end of the belt to adhere to a first portion of skin of a human user (Fig. 7) ; and a second adhesive material (adhesive located on portion 102) coupled to the second end of the belt to adhere to a second portion of skin of human user, wherein the adjustment mechanism adjusts a distance between the first portion of skin of the human user and the second portion of skin of the human user (col. 5; ln. 20-45).
(second interpretation) Regarding Claim 7, the first adhesive material (adhesive material located on portion 706) coupled to the belt is applied directly to the first end (706, Fig. 7) and the second adhesive material (adhesive located on portion 102) coupled to the belt is applied directly to the second end of the belt (102, Fig. 7).
Claim(s) 6, 8-13, 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Erman (US Patent No. 3736925)
Regarding Claim 6, Erman discloses a device (Fig. 1), comprising: a belt (16); an adjustment mechanism (2) to adjust a distance of the belt between a first end (20 on right side of Fig. 1) and a second end (20 on left side of Fig. 1); a first adhesive material (28) coupled to the first end of the belt to adhere to a first portion of skin of a human user (col. 2; ln. 34-38) ; and a second adhesive material (28) coupled to the second end of the belt to adhere to a second portion of skin of human user (see figure below), wherein the adjustment mechanism adjusts a distance between the first portion of skin of the human user and the second portion of skin of the human user (col. 2; ln. 40-50).
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Regarding Claim 8, the first adhesive material (28) is applied to a first disposable surface (26, col. 4; ln. 10-13) and the second adhesive material (28) is applied to a second disposable surface (26) (col. 4; ln. 10-13, Fig. 1).
Regarding Claim 9, the first end and second end include a hooking apparatus (24) fully capable of interacting with the skin of the human user (hooks 24 pull on tabs 26 to interact with skin as described in col. 2; ln. 40-50 and shown in Fig. 3).
Regarding Claim 10, Erman discloses a device (Fig. 1), comprising: a belt (16); an adjustment mechanism (2) to adjust a distance of the belt between a first end and a second end (ends shown above) (col. 2; ln. 40-50); a first set of protrusions (22+24) coupled to the first end of the belt to interact with a first portion of skin of a human user; and a second set of protrusions (22+24) coupled to the second end of the belt to interact with a second portion of skin of the human user (protrusions 22+24 pull on tabs 26 to interact with skin as described in col. 2; ln. 40-50 and shown in Fig. 3), wherein the adjustment mechanism (2) adjusts a distance between the first portion of skin of the human user and the second portion of skin of the human user (col. 2; ln. 40-50).
Regarding Claim 11, further comprising a first plurality of caps (26) to cover the first set of protrusions (22+24) and a second plurality of caps (26) to cover the second set of protrusions (22+24) (Fig. 1).
Regarding Claim 12, the caps (26) are attachable and removable from the protrusions (22+24) (col. 4; ln. 10-12).
Regarding Claim 13, the caps consist of an outer adhesive surface (28) (col. 2; ln. 36-38).
Regarding Claim 15, the adjustment mechanism (2) includes an attachment mechanism (slots 12 are capable of being an attachment mechanism) to couple the adjustment mechanism to a base (slots 12 can couple (tie/wedge/clip/etc.) the adjustment mechanism to another object which can be considered a ‘base’).
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) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Erman (US Patent No. 3736925).
Erman discloses the device of claim 10 as described in the rejection above. Erman is silent to dimensions of the components of the device but does show the device in use in Fig. 3 where it lies against the head of a patient (for relative scale). The length of the protrusions (elements 22+24) directly affect how circumferentially large the device is. In order to fit smaller patients comfortably, one of ordinary skill would be motivated to provide shorter components, including elements 22+24 so that the device could be appropriately sized for a smaller patient’s head. Since there is no critically presented by applicant in the specification of the dimension of the protrusions, it would have been an obvious matter of design choice to make the device of Erman with protrusions (22+24) no more than 4.5 inches in length in order to create a small size device appropriately sized for a smaller sized patient.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See Form PTO-892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACQUELINE T JOHANAS whose telephone number is (571)270-5085. The examiner can normally be reached Mon. - Fri. 9:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eduardo Robert can be reached at 571-272-4719. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACQUELINE T JOHANAS/ Primary Patent Examiner, Art Unit 3773