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 Rejections - 35 USC § 102
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 1-3, 5-6, 8-13, 15-16 and 20 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by WEBER et al. (NL 2011288).
Regarding claim 1, WEBER discloses a system (abstract, fig.2) for providing rapid contrast therapy the system comprising: a cold reservoir (fig.2; first reservoir 10 for containing cool fluid, see also pg.7, line 11-17) configured to hold a cold liquid (fig.2, pg.7, line 11-17); a hot reservoir (fig.2; reservoir 20 for containing warm fluid) configured to hold a hot liquid (pg.7, line 11--17); a cold fill port (fig.2; first loop 11) in fluid communication with the cold reservoir; a hot fill port (fig.2; second loop 21) in fluid communication with the hot reservoir, wherein both the cold fill port and the hot fill port are housed in a receptacle (fig.1; shared reservoir 106) that is configured to accommodate fluid overflow from the cold reservoir and the hot reservoir by allowing the cold liquid to overflow from the cold reservoir and into the hot reservoir or the hot liquid to overflow from the hot reservoir and into the cold reservoir (pg. 17, line 11-19, and pg.18, line 27-pg.19, line 2); and a controller configured to determine a liquid level of the cold liquid and the hot liquid, and equalize the level of the cold liquid and the hot liquid in the cold reservoir and the hot reservoir, respectively (pg.16, line 18-pg.17, line 10), when the system is not being used to actively treat a patient by allowing the cold liquid to directly overflow from the cold reservoir and into the hot reservoir or the hot liquid to directly overflow from the hot reservoir and into the cold reservoir. The controller 50 is configured to allow liquid to directly overflow from the cold reservoir and into the hot reservoir, or the hot liquid to directly overflow from the hot reservoir and into the cold reservoir at all the time. The predefine maximum content/volume level may be chosen in respect to a content volume of the reservoir. The controller is capable of controlling the volume level, whether the system is actively treating the patient and/or not being actively used (pg. 16, line 18- pg.17, line 10).
Regarding claim 2, WEBER discloses the system of claim 1, further comprising a cold liquid inlet and a hot liquid inlet that are configured to induce mixing within the cold reservoir and hot reservoir, respectively (fig.2; connection line or lines 76, 77).
Regarding claim 3, WEBER discloses the system of claim 1,further comprising one or more overflow drains configured to remove excess of the cold and/or hot liquid to an outside of the system (fig.2; opening 68).
Regarding claim 5, WEBER discloses the system of claim 1, further comprising: a chiller (fig.2; thermoelectric cooling element 31) configured to cool the cold liquid (pg. 8, line 17-20); and a pump configured to transfer the cold liquid from the cold reservoir to the chiller (fig.2, first pump 16, see also pg.13, line 4-9).
Regarding claim 6, WEBER discloses the system of claim 1, further comprising: a heater (fig.2; thermoelectric heating element 32, see also pg.8, line 17-20) configured to heat the hot liquid (pg.8, line 17-20); and a pump (fig.2; second pump 26, see also pg.13, line 4-9) configured to transfer the hot liquid from the hot reservoir to the heater (pg.13, line 4-9).
Regarding claim 8, WEBER discloses the system of claim 1, further comprising: a chiller (fig.2; thermoelectric cooling element 31) configured to cool the cold liquid (pg. 8, line 17-20; a first pump (fig.2, first pump 16, see also pg.13, line 4-9) configured to pump the cold liquid from the cold reservoir to the chiller (pg.13, line 4-9); a heater (fig.2; thermoelectric heating element 32, see also pg.8, line 17-20) configured to heat the hot liquid (pg.8, line 17-20); a second pump (fig.2; second pump 26, see also pg.13, line 4-9) configured to pump the hot liquid from the hot reservoir to the heater (pg.13, line 4-9).
Regarding claim 9, WEBER discloses the system of claim 8, wherein controller (fig.2; controller 50) configured to operate the chiller, the heater, the first pump, and the second pump to deliver the rapid contrast therapy to a patient (pg.21, line 19-26).
Regarding claim 10, WEBER discloses the system of claim 9, further comprising a user interface (fig.2; data input device 53) configured to allow a user to set one or more parameters of the rapid contrast therapy (pg.21, line 19-26).
Regarding claim 11, WEBER discloses the system of claim 10, further comprising a first pressure sensor (fig.2; pressure sensor 65) located on the bottom of the cold reservoir and a second pressure sensor (fig.2; pressure sensor 67) located on the bottom of the hot reservoir (pg.16, line 16-19), the first and second pressure sensors being in communication with the controller (pg.16, line 14-21).
Regarding claim 12, WEBER discloses the system of claim 10, further comprising a first liquid level sensor in the cold reservoir and a second liquid level sensor in the hot reservoir, the first and second liquid level sensors being in communication with the controller (pg.16, line 16-19).
Regarding claim 13, WEBER discloses the system of claim 10, further comprising temperature sensors configured to measure a temperature of the hot liquid and a temperature of the cold liquid, the temperature sensors being in communication with the controller (pg.15, line 8-15).
Regarding claim 15, WEBER discloses the system of claim 1, wherein the controller is configured to equalize a level of the cold liquid and the hot liquid in the cold reservoir and the hot reservoir, respectively, when a first liquid level sensor in the cold reservoir or a second liquid level sensor in the hot reservoir detects a critical liquid level (pg.16, line 18 - pg.17, line 10).
Regarding claim 16, WEBER discloses the system of claim 1, further comprising an overflow conduit extending from an upper portion of the cold reservoir to an upper portion of the hot reservoir, wherein the overflow conduit provides fluid communication between the cold reservoir and the hot reservoir (connection lines 76, 77, see also pg.17, line 20-26).
Regarding claim 20, WEBER discloses the system of claim 1, further comprising a plurality of valves configured to control a flow of liquids throughout the system, where the plurality of valves are operated by a controller (fig.2; valves 40 and 40A, see also pg.13, line 12-17).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over WEBER et al. (NL 2011288c2) in view of Nadau (US 2015/0196423).
Regarding claim 4, WEBER does not disclose the cold reservoir and the hot reservoir each comprising a vent, wherein the vents are positioned in an upper portion of the cold reservoir and an upper portion of the hot reservoir, respectively, and wherein the vents are configured to maintain an air pressure within each reservoir to be at or near atmospheric pressure.
Nadau teaches a heating/cooling system comprising reservoir 94 is an enclosed container into which hot (or cold) water may be added to provide the medium for thermal transfer to/from the heat exchanger circuit. The system includes a vent 106, located in the top of the reservoir 94, allows the egress of air while filling or the entry of air while draining. Both the fill 104 and the vent 106 are fitted with an overfill protection conduit 112 to prevent filling the reservoir 94 in excess of its capacity (fig.6, see also [0041]). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the device of WEBER with vent on a reservoir as taught by Nadau for the purpose of having and maintaining the desire volume. The combination of WEBER/ Nadau does not teach for both cold and hot reservoir having vent. However, it would have been obvious to one of ordinary skill in the art at the time the application filed to have vents on each reservoir, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v Bemis Co., 193 USPQ 8.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over WEBER et al. (NL 2011288c2) in view of Edelman (US 2004/0068309) in further view of Schaefer et al. ( US 2016/0022477).
Regarding claim 7, WEBER discloses the system of claim 1. However, WEBER does not disclose wherein the heater is disposed in the hot reservoir. Edelman teaches a contrast therapy system comprising a heater 36 incorporated within the hot reservoir [0022]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the device of WEBER with a heater inside reservoir as taught by Edelman for the purpose of efficient heat transfer. However, WEBER/ Edelman does not disclose a heater baffle disposed proximate the heater, wherein the heater baffle is configured to induce convection of the hot liquid around the heater. Schaefer teaches thermal contrast therapy system comprising a heating block with a baffle (fig.6A; 608, see also [0093]). The heating block baffles 608 allow fluid to gradually accumulate heat while traveling through the heating block [0093]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the device of WEBER/ Edelman with a baffle as taught by Schaefer for the purpose of allowing fluid to gradually accumulate heat while traveling through the heat reservoir.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over WEBER et al. (NL 2011288c2) in view of Mahaffey et al. (US 5,948,012).
Regarding claim 17, WEBER discloses the system of claim 5. However, WEBER does not disclose a heating element disposed in the cold reservoir. Mahaffey teaches a cold therapy unit having a heating element for increasing the temperature of a cold fluid (col. 5, line 16). Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the device of WEBER with a heating element in a cold fluid as taught by Mahaffey for the purpose of allowing the temperature of the fluid to increase in the cold reservoir when it is below the threshold.
Claim 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over WEBER et al. (NL 2011288) in view of Schaefer et al. (US 2016/0022477).
Regarding claim 18-19, WEBER discloses the system of as claimed above. However, WEBER does not disclose at least one pump configured to transfer the cold liquid from the cold reservoir to a therapy wrap and to transfer the hot liquid from the hot reservoir to the therapy wrap and a compressor configured to pressurize and depressurize a therapy wrap.
Schaefer teaches thermal contrast therapy system comprising a cold pump (fig.1; 118), hot pump (fig.1; 110) for pumping cold and hot fluids to a treatment pad (fig.128; see also [0126]). Schaefer teaches a treatment cuff may be configured to provide compression during the thermal contrast therapy. Compression enhances the contact between the treatment pad and the patient's tissue [0129]. Schaefer further teaches that the system includes solenoid valves that may be effective to minimize the amount of thermal mass in thermal communication with the fluid flowing through the valve [0089]. Therefore, it would have been obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the device of WEBER with pumps that are configured to pump cold and hot fluid to the wrap, compressor configured to pressurize and depressurize and solenoid valves as taught Schaefer for the purpose of achieving the desired treatment.
Allowable Subject Matter
Claim 14 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the references teach wherein the receptacle further comprises a fill cap assembly having a seal that is configured in an open position to provide an opening between the hot and cold reservoirs and ambient environment and in a closed position to seal the opening between the hot and cold reservoirs and the ambient environment.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rose et al. (US 2015/0335468) teaches control unit can obtain a desired temperature profile and a conversion algorithm, the conversion algorithm providing a formula for deriving one of more feed parameters for bringing the interface pack to or maintaining the interface pack at a desired temperature dependent upon a characteristic energy transfer rate between a user and the interface pack (abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIGIST S DEMIE whose telephone number is (571)270-5345. The examiner can normally be reached Monday-Friday 8am-5Pm.
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, Joseph Stoklosa can be reached at 571-2721213. 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.
/TIGIST S DEMIE/Primary Examiner, Art Unit 3794
Prosecution Insights