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 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.
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 that is coupled with functional language 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: a compression device (for compressing or pressing against at least a portion of a body of a user) in claim 1.
After consultation of the Applicant’s specification, there is not an explicit structure which corresponds to a compression device. Applicant’s specification merely refers to “a compression device configured to be pressed against at least a portion of the body of a user to exert a compressive force against the at least a portion of the body of the user” (see page 4). Therefore, in light of applicant’s specification a compression device is considered to be any structure capable of providing a compressive force and equivalents thereof.
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.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 19-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 7 recites the limitation "the at least one securing mechanism" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, Examiner will interpret this limitation as “an at least one securing mechanism”.
Claim 19 recites the limitation "the at least one holder" in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is unclear as to if Applicant is referring to either the first holder or the second holder recited in claim 1. For the purpose of examination, Examiner will interpret this limitation as the first holder or the second holder”.
Claim 20 recites the limitation "the at least one holder" in line 1. There is insufficient antecedent basis for this limitation in the claim. This limitation is unclear as to if Applicant is referring to either the first holder or the second holder recited in claim 1. For the purpose of examination, Examiner will interpret this limitation as the first holder or the second holder”.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-3, 5-6, 8-11, 16, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bamdad et al. (US 6,830,050 B1) in view of Siddle (US 5,329,636 A).
In regards to claim 1, Bamdad discloses A therapeutic recovery device (device as seen in figure 1; see [Col 3 ln 45-50]; see figure 1) comprising:
a compression device (10; see [Col 3 ln 45-50]; see figure 1), wherein the compression device (10) is configured to be pressed against at least a portion of a body of a user to exert a compressive force against the at least a portion of the body of the user (see figure 4; see [Col 2 ln 38-55]), the compression device (10) comprising:
an exterior surface (28; see [Col 4 ln 15-20]; see figure 1), wherein the exterior surface (28) faces away from the body of the user during use (see figure 3);
an interior surface (12; see [Col 3 ln 45-50]; see figure 1), wherein the interior surface is on the opposite surface of the compression device (10) from the exterior surface (28) and faces towards the body of the user during use (see figure 4; see figure 1 that 12 forms an interior surface which faces the body of the user, and is opposite );
a first distal end (top end of 10 as seen in figure 1), wherein a first edge of the exterior surface (outer surface) and a first edge of the interior surface (inner surface) converge at the first distal end (see figure 1 that the outer and inner surface each comprise an upper edge which both converge and meet with 10’s upper surface);
a second distal end (bottom end of 10 as seen in figure 4), wherein a second edge of the exterior surface (outer surface) and a second edge of the interior surface (inner surface) converge at the second distal end (bottom end of 10; see figure 1 and 2 that just as the outer and inner surface also comprise a lower edge, both of which converge and meet with 10’s lower surface) and the second distal end is opposite to the first distal end (the upper surface of 10 is opposite the bottom end of 10);
two straight side portions (14; see [Col 3 ln 45-50]; see figure 1) on opposing sides of the compression device (10; see figure 1 and 2 that 10 is in the form of a cube and thus comprises two straight side portions which are on opposing sides), the two straight side portions (14) extending from the first distal end to the second distal end (see figure 1-4).
Bamdad does not disclose a first holder, wherein the first holder comprises a first retaining portion and is attached to the interior surface at three or more attachment locations, wherein the first holder is configured to receive at least one of: at least one limb of the user, at least one appendage of the user, or at least a portion of a luggage handle, wherein the first holder comprises a first opening configured between adjacent attachment locations;
a second holder, wherein the second holder comprises a second retaining portion and is attached to the interior surface perpendicular to the first holder at three or more attachment locations, wherein the second holder is configured to receive at least one of: at least one limb of the user, at least one appendage of the user, or at least a portion of a luggage handle, wherein the second holder comprises at least a second opening configured between adjacent attachment locations.
However, Siddle teaches an analogous device (1; see [col 3 ln 45-50]; see figure 1) formed of an analogous foam (see [col 2 ln 1-30]) and thus is capable of use as a compression device similar to that of Bamdad; the device (1) comprising an analogous exterior surface (3; see [col 3 ln 55-60]; see figure 1) which faces away from the body of the user during use (see figure 1), and an interior surface (4; see [col 3 ln 55-60]; see figure 2) opposite the exterior surface and faces towards the body of the user during use (see figure 1, 5 and 6) further comprising: a first holder (pair of 10; see [col 3 ln 60-65]; see figure 2), wherein the first holder (pair of 10) comprises a first retaining portion (retaining portion underneath and between the pair of 10; see figure 2) and is attached to the interior surface (4) at three or more attachment locations (four 12 of the pair of 10; see [col 4 ln 1-10]; see figure 2), wherein the first holder (pair of 10) is configured to receive at least one of: at least one limb of the user (see [col 4 ln 1-10]), at least one appendage of the user, or at least a portion of a luggage handle, wherein the first holder (pair of 10) comprises a first opening configured between adjacent attachment locations (see figure 2 that the pair of 10 comprises two openings configured between adjacent 12);
a second holder (pair of 11; see [col 3 ln 60-65]; see figure 2), wherein the second holder comprises a second retaining portion (retaining portion underneath and between the pair of 11; see figure 2) and is attached to the interior surface (4) perpendicular to the first holder (pair of 10) at three or more attachment locations (four 12 of the pair of 11; see [col 4 ln 1-10]; see figure 2), wherein the second holder (pair of 11) is configured to receive at least one of: at least one limb of the user (see [col 4 ln 1-10]), at least one appendage of the user, or at least a portion of a luggage handle, wherein the second holder (pair of 11) comprises at least a second opening configured between adjacent attachment locations (see figure 2 that the pair of 11 comprises two openings configured between adjacent 12) for the purpose of allowing a user to firmly and quickly grasp the device with their hand and arm in a manner which is convenient for the user (see [col 3 ln 60-68]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the interior surface of the compression device as disclosed by Bamdad and to have included the first and second holders as taught by Siddle in order to have provided an improved interior surface of the compression device that would add the benefit of allowing a user to firmly and quickly grasp the device with their hand and arm in a manner which is convenient for the user (see [col 3 ln 60-68]).
In regards to claim 2, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the compression device (10) further comprises one or more straps (32; see [Col 4 ln 1-14]; see figure 1), wherein each of the one or more straps (32) comprise a first end and a second end (first and second end attached to 18; see figure 3).
In regards to claim 3, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the compression device (10) further comprises at least one securing mechanism (left and right rings; seen in figure 1 wherein the ends of 32 wrap around rings), wherein the at least one securing mechanism (left and right rings) extends from at least one of: the first distal end, the second distal end, at least one corner of the compression device, and at least one of the two substantially straight side portions (see figure 1 that both left and right rings for securing 32 to 12 extend from their respective corners outwardly proximate the respective corners).
In regards to claim 5, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein at least one of the first end and the second end of the one or more straps (32) is securely attached to at least one of: the first distal end, the second distal end, at least one corner (18; see [Col 4 ln 1-14]; see figure 1) of the compression device (10; see figure 1 that 32 is secured via a ring to the corners 18 of the device), and at least one of the two straight side portions.
In regards to claim 6, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the compression device (10) further comprises one or more pockets (36; see [Col 4 ln 58-67]; see figure 1), wherein the one or more pockets (36) are attached to the exterior surface (28; see figure 1).
In regards to claim 8, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the compression device (10) further comprises at least one internal material (pillow or filling material, and 40; see [Col 3 ln 45-55]; and 40; see [Col 5 ln 8-17]; see figure 2).
In regards to claim 9, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the compression device (10) further comprises a cover (12 is defined as being a casing and thus acts as a cover; see [Col 3 ln 45-55]).
In regards to claim 10, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the at least one internal material (pillow or filling material, and 40) is removably insertable (see [Col 3 ln 45-60] in reference to the 12 comprising a fastening mechanism for allowing the pillow or filling material to be removed for washing).
In regards to claim 11, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the at least one internal material (pillow or filling material) at least partially comprises a weighted material (all material has a weight; thus, the pillow or filling material of Bamdad comprises “a weighted material”).
In regards to claim 16, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the at least one internal material (40) is configured to adjust a temperature of the compression device (10; see [Col 5 ln 8-17]).
In regards to claim 18, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad further discloses wherein the at least one internal material (40) comprises at least one of: one or more heating elements (40 is a heating element; see [Col 5 ln 8-17]), an amount of cooling fabric, and an amount of cooling gel.
In regards to claim 19, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad as now modified by Siddle further discloses wherein the at least one holder (pair of 10 and pair of 11 of Siddle) comprises at least one opening (see Siddle figures 2-4).
In regards to claim 20, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad as now modified by Siddle further discloses wherein the at least one holder ((pair of 10 and pair of 11 of Siddle) comprises at least one vertically-oriented opening and at least one horizontally-oriented opening (the opening of the pair of 10 is horizontally oriented, and the opening of the pair of 11 is vertically oriented; see Siddle figures 2-4).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bamdad in view of Siddle as applied to claim 3 above, and further in view of Benedick (US 5,692,246 A).
In regards to claim 4, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad as now modified by Siddle does not disclose wherein at least one of: the first end and the second end of at least one of the one or more straps is removably attachable to the compression device via the at least one securing mechanism.
However, Benedick teaches an analogous compression device for a user’s chest (10; see [Col 2 ln 10-21]; see figure 1) comprising an analogous one or more straps (19/20; see [Col 2 ln 23-35]; see figure 1) and a plurality of securing mechanisms (16, 17, 21, and 22; see figure 1) wherein at least one of: the first end and the second end of the one of the one or more straps (19/20) is removably attachable (removably attachable via 17 and 16) to the compression device (10) via the at least one securing mechanisms (16 and 17) for the purpose of providing a means which can secure the device to a user without the user needing to manually hold the device at all times (see [Col 2 ln 35-43]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression device as disclosed by Bamdad as now modified by Siddle by including a releasable connections for one end of at least one or more straps as taught by Benedick in order to have provided an improved compression device that would add the benefit of providing a means which can secure the device to a user without the user needing to manually hold the device at all times (see [Col 2 ln 35-43]).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bamdad as now modified by Siddle as applied to claim 1 above, and further in view of Oliver (US 2018/0318120 A1).
In regards to claim 7, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad as now modified by Siddle does not disclose wherein the at least one securing mechanism is configured to adjust a length of a useable portion of at least one of the one or more straps.
However, Oliver teaches an analogous compression device (1; see [0006]; see figure 3) comprising one or more straps (22,28,30; see [0006]; see figure 3), comprising at least one securing mechanism (24; see [0006]; see figure 3); wherein the at least one securing mechanism (24) is configured to adjust a length of a useable portion of at least one of the one or more straps (22,28,30; see [0006] in reference to 21 allowing the threading of 22 through it (to fold 22 back onto itself) to engage the hook material 24 and loop material together, thus adjusting a length of a usable portion of 22) for the purpose of compressing and securing the device to a user’s body via the adjustability of the straps (see [Abstract]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the securing mechanism and the one or more straps as disclosed by Bamdad as now modified by Siddle by including the means of adjusting a length of a useable portion about the securing mechanism as taught by Oliver in order to have provided an improved one or more straps, and securing mechanism which would add the benefits of compressing and securing the compression device to a user’s body via the adjustability of the straps (see [Abstract]).
Claim(s) 12-15 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bamdad in view of Siddle as applied to claim 1 above, and further in view of Rapp et al. (US 2017/0100300 A1) (hereinafter Rapp).
In regards to claim 12, Bamdad as now modified by Siddle discloses the invention as discussed above.
Bamdad as now modified by Siddle does not disclose wherein the compression device comprises at least one sensor.
However, Rapp teaches an analogous compression device (5; see [0067]; see figure 1); wherein the compression device (5) comprises at least one sensor (20a-c; see [0068]; see figure 1) for the purpose of providing a means to detect physiological aspects of the user’s limb over which the device has been placed (see [0034]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the compression device as disclosed by Bamdad as now modified by Siddle by including the at least one sensor as taught by Rapp in order to have provided an improved compression device that would add the benefit of allowing the device to detect and report physiological aspects of the user’s limb over which the device has been placed (see [0034]).
In regards to claim 13, Bamdad as now modified by Siddle and Rapp discloses the invention as discussed above.
Bamdad as now modified by Siddle and Rapp does not disclose wherein the compression recovery device is configured to interface with at least one external device.
However, Rapp further teaches wherein the compression recovery device (5) is configured to interface with at least one external device (see [0036]) for the purpose of presenting the sensor data straight to the user (see [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensors as disclosed by Bamdad as now modified by Siddle and Rapp and to have included the sensor’s ability to interface with at least one external device as further taught by Rapp in order to have provided an improved therapeutic recovery device that would add the benefit of presenting the sensor data straight to the user (see [0036]).
In regards to claim 14, Bamdad as now modified by Siddle and Rapp discloses the invention as discussed above.
Bamdad as now modified by Rapp further discloses wherein the at least one sensor (20a-c of Rapp) is configured to transmit data to the at least one external device (see Rapp [0036]).
In regards to claim 15, Bamdad as now modified by Siddle and Rapp discloses the invention as discussed above.
Bamdad further discloses at least one internal material (pillow or filling material, and 40; see [Col 3 ln 45-55]; and 40; see [Col 5 ln 8-17]; see figure 2).
Bamdad as now modified by Siddle and Rapp does not disclose wherein the at least one sensor is configured to activate the at least one internal material based on a predetermined value received from the at least one external device.
However, Rapp further teaches an analogous at least one internal material (electroconductive thread; see [0029]) for the analogous purpose of applying a temperature therapeutic effect to a user’s body (see [0034]) wherein the at least one sensor (20a-c) is configured to activate the at least one internal material (electroconductive thread) based on a predetermined value received from the at least one external device (see [0034-0037] in reference to the sensors reporting back to a user’s phone to report a pressure to increase pressure when a user’s limb has a lack thereof ([0037]), and monitoring temperatures with the activation of the internal material ([0034]) therefore activation of the internal material to heat is considered to be dependent on the predetermined value provided to the external device; see also [0073]) for the purpose of allowing the internal material to be activated and controlled to coincide with skin surface temperatures and to optimize skin/muscle blood flow during periods of physiologic blood flow shunting (see [0034]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the therapeutic recovery device as disclosed by Bamdad as now modified by Siddle and Rapp by including the internal material and the sensor which communicates with a user’s external device thereby actuating the internal material based on a predetermined value received from the at least one external device as further taught by Rapp in order to have provided a means of heating the device in addition to the cooling means and to allowing the internal material to be activated and controlled to coincide with skin surface temperatures and to optimize skin/muscle blood flow during periods of physiologic blood flow shunting (see [0034]) thereby allowing the heat to dilate the user’s blood vessels increasing blood flow to the wounded areas which increase the healing factors of the affected limb/areas.
In regards to claim 17, Bamdad as now modified by Siddle and Rapp discloses the invention as discussed above.
Bamdad as now modified by Rapp further discloses wherein the at least one sensor (20a-c of Rapp) comprises at least one of: a pulse oximeter, a thermometer, a heart rate monitor, an accelerometer, pressure sensor, and a motion sensor (see Rapp [0034] in reference to the sensors will be capable of observing pressure and temperature; thus, the sensors are considered to be at least a thermometer, and pressure sensors).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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, Alireza Nia can be reached at 571-270-3076. 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.
/DANIEL A MILLER/Primary Examiner, Art Unit 3786