DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1, 3-6, 8-10, and 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 8-11, and 13-15 of U.S. Patent No. 12,502,330.
Recitations from this instant application,
#19/029,176
Recitations from
U.S. Patent No. 12,502,330
Claim 1 recites
A therapy wrap for providing heating or cooling to an anatomical body part, the therapy wrap comprising:
a flexible fluid bladder for containing a heat exchange medium, the fluid bladder including an inlet, an outlet, a fluid flowpath connecting the inlet and the outlet, the fluid bladder composed of a first layer of a flexible material and a second layer of a flexible material; and
a gas pressure bladder overlaying the fluid bladder for applying a compressive force to a portion of the fluid bladder in contact with the body part;
wherein at least a portion of the first or second layer of material is tensioned by a fastener for holding the therapy wrap in a desired location on an animate body to increase resistance to kinking of the fluid bladder in a region of the flexible fluid bladder prone to kinking during use; and
wherein the fastener comprises:
a first section projecting in a direction away from a side edge of at least one of the fluid bladder or the gas pressure bladder; and
a second section positioned over at least one of the fluid bladder or the gas pressure bladder such that as the therapy wrap is wrapped around the animate body, the first section coupled to the second section to provide an inwardly directed compressive force.
Claim 1 recites
A therapy wrap for providing heating or cooling to an anatomical body part, the therapy wrap comprising:
a flexible fluid bladder for containing a heat exchange medium, the flexible fluid bladder including an inlet, an outlet, a fluid flowpath connecting the inlet and the outlet, the flexible fluid bladder composed of a first layer of a flexible material that overlays a second layer of a flexible material, where the first and second layer are sealed along a common border thereof; and
a gas pressure bladder overlaying the flexible fluid bladder for applying a compressive force to a portion of the fluid bladder in contact with the anatomical body part;
wherein at least a portion of the flexible material of the first layer is tensioned and a corresponding portion of the second flexible material of the second layer is not tensioned during manufacturing of the corresponding fluid bladder or gas pressure bladder to increase resistance to kinking of the flexible fluid bladder.
Claim 9 recites a fastener for holding the therapy wrap in a desired location on the anatomical body part.
Claim 10 recites the fastener comprises a first section, the first section projecting in a direction away from a side edge of the at least one of the flexible fluid bladder or the gas pressure bladder.
Claim 11 recites the first section of the fastener couples to an opposite side of the therapy wrap to provide an inwardly directed compressive force.
Regarding claims 3-4, see claims 2-3 in U.S. Patent No. 12,502,330.
Regarding claims 5-6, see claims 1 in U.S. Patent No. 12,502,330.
Regarding claim 8, see claims 5 in U.S. Patent No. 12,502,330.
Regarding claims 9, see claims 6 in U.S. Patent No. 12,502,330.
Regarding claims 10, see claim 7 in U.S. Patent No. 12,502,330.
Regarding claims 12, see claims 2-3 in U.S. Patent No. 12,502,330.
Regarding claims 13-14, see claims 8 in U.S. Patent No. 12,502,330.
Regarding claims 15-17, see claims 9-10 in U.S. Patent No. 12,502,330.
Regarding claims 18-20, see claims 13-15 in U.S. Patent No. 12,502,330.
Allowable Subject Matter
Claims 2, 7, and 11 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.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786