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 .
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.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 8-12 is/are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by US 2016/0279350 A1 to Besirli et al. (Besirli).
Regarding claim 1, Besirli teaches a cooling device (title “Applicator for Cryoanesthesia and Analgesia”) for cooling a target area, the cooling device comprising a first body (see annotated Fig. 1 below) elongated in a first direction and providing a first inner space (Figs. 1-4), a second body (see annotated Fig. 1 below) extending from the first body in a second direction crossing the first direction (see annotated Fig. 1 below) and providing a second inner space (Fig. 1), a cooling module (24) disposed in the first inner space and including a cooling medium (26 and [0037] which states in part “cold tip 26 can be made of a thermally conductive metal…”) and a cooling unit (32), the cooling unit being configured to cool the cooling medium and generate heat ([0036]), a heat transfer unit (34) disposed in the first inner space, thermally coupled to the heat transfer unit, and configured to transfer heat generated by the cooling unit, and a heat dissipating module (36) disposed in the first inner space, thermally coupled to the heat transfer unit, and configured to dissipate heat transferred by the heat transfer unit, wherein the cooling medium is disposed closer to a front end of the first body than a back end of the first body and the heat dissipating module is disposed closer to the back end than the front end (Figs. 1 and 2), wherein a battery (28 and [0038] which states in part “power source 28 comprises a portable power source, such as a battery, capacitor, or similar device.”) is disposed in the second inner space of the second body (Fig. 1) and at least a first weight of the cooling medium, a second weight of the heat dissipating module, and a third weight of the battery contribute a position of a center of gravity of the cooling device (inherent in that the weights and locations of the elements of the device contribute to the center of gravity of the device), and wherein an overlapping portion of the first body where the second body connects is closer to the front end than the back end (Fig. 1), such that the third weight of the battery contributes to the center of gravity of the cooling device to be positioned closer to the front end than the back end (Fig. 1).
Regarding claim 8, Besirli teaches the device of claim 1, as well as wherein a middle point of the overlapping portion is closer to the front end than the back end (see annotated Fig. 1 below).
Regarding claim 9, Besirli teaches the device of claim 1, as well as wherein the cooling medium is configured to cool the target area as the front end of the cooling device is positioned toward the target area (Fig. 1 and [0036]).
Regarding claim 10, Besirli teaches the device of claim 1 as well as wherein the heat transfer unit includes at least one heat pipe (32) physically connected to the cooling unit and the heat dissipating module (Figs. 1 and 2), and wherein the cooling medium and the heat dissipating module are apart from each other by a length of heat pipe (Fig. 2).
Regarding claim 11, Besirli teaches the device of claim 1 as well as wherein the heat dissipating module includes at least one heat dissipating member ([0045] which states in part “fins or other features of heat sink 36”) and at least one blower (fan 52).
Regarding claim 12, Besirli teaches the device of claim 1 as well as wherein the heat dissipating member includes at least a first heat dissipating member ([0045] which states in part “fins or other features of heat sink 36”), a second heat dissipating member (58), and at least one blower (52), and wherein the at least one blower is arranged between the first heat dissipating member and the second heat dissipating member (Figs. 1 and 4).
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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(s) 2 and 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besirli.
Regarding claim 2, Besirli teaches the device of claim 1, but not wherein the center of gravity of the cooling device is positioned closer to the front end than the back end in the first direction. It is asserted that it would have been an obvious matter of engineering design choice to make the different portions of the device of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 5, Besirli teaches the device of claim 1, but not wherein the first weight of the cooling medium and the second weight of the heat dissipating module contribute a position of a center of gravity of the first body or wherein the center of gravity of the first body is adjacent to the middle of the first body. It is asserted that it would have been an obvious matter of engineering design choice to make the different portions of the device of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 6, Besirli teaches the device of claim 1, but not wherein the first wight of the cooling medium and the second weight of the heat dissipating module contribute a position of a center of gravity of the first body, or wherein the center of gravity of the cooling device is closer to the front end than the center of gravity of the first body. It is asserted that it would have been an obvious matter of engineering design choice to make the different portions of the device of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 7, Besirli teaches the device of claim 1, but not wherein the first weight of the cooling medium and the second weight of the heat dissipating module contribute a position of a center of gravity of the first body, and wherein the center of gravity of tehf rist body is in the overlapping portion. It is asserted that it would have been an obvious matter of engineering design choice to make the different portions of the device of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art.
Claim(s) 3, 4, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Besirli in view of US 2017/0202605 A1 to Shelton, IV et al. (Shelton).
Regarding claim 3, Besirli teaches the device of claim 1, but not wherein the first body includes a non-overlapping portion between the overlapping portion and the back end or wherein the center of gravity of the cooling device is closer to the overlapping portion than the non-overlapping portion. Shelton teaches an analogous device (title “Modular Battery Powered Handheld Surgical Instrument and Methods Therefor”) to that of Besirli including the handle assembly 102, battery assembly 106, and shaft assembly 110 components is equivalent in overall weight; each of the handle assembly 102, battery assembly 106, and shaft assembly 110 components is balanced so that they weigh the same or substantially the same. The handle assembly 102 overhangs the operator's hand for support, allowing the user's hand to more freely operate the controls of the surgical instrument 100 without bearing the weight. This overhang is set to be very close to the center of gravity. This combined with a triangular assembly configuration, makes the surgical instrument 100 advantageously provided with a center of balance that provides a very natural and comfortable feel to the user operating the device ([0238]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Besirli with the configuration of Shelton so that when the instrument is held in the user’s hand, the instrument does not have a tendency to tip forward or backward and can be comfortably held by the user ([0238]).
Regarding claim 4, Besirli teaches the device of claim 3, but not wherein the center of gravity of the cooling device is closer to the overlapping portion than the non-overlapping portion in the first direction. It is asserted that it would have been an obvious matter of engineering design choice to make the different portions of the device of whatever relative sizes were desired, since such a modification would have involved a mere change in the proportions of components. A change in proportion is generally recognized as being within the level of ordinary skill in the art.
Regarding claim 13, Besirli teaches the device of claim 1, but not wherein the cooling device has a triangular structure as the front end of the first body, the back end of the first body, and one end of the second body correspond to vertexes of the triangular structure. Shelton teaches an analogous device (title “Modular Battery Powered Handheld Surgical Instrument and Methods Therefor”) to that of Besirli including the handle assembly 102, battery assembly 106, and shaft assembly 110 components is equivalent in overall weight; each of the handle assembly 102, battery assembly 106, and shaft assembly 110 components is balanced so that they weigh the same or substantially the same. The handle assembly 102 overhangs the operator's hand for support, allowing the user's hand to more freely operate the controls of the surgical instrument 100 without bearing the weight. This overhang is set to be very close to the center of gravity. This combined with a triangular assembly configuration, makes the surgical instrument 100 advantageously provided with a center of balance that provides a very natural and comfortable feel to the user operating the device ([0238]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Besirli with the configuration of Shelton so that when the instrument is held in the user’s hand, the instrument does not have a tendency to tip forward or backward and can be comfortably held by the user ([0238]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KAITLYN E SMITH whose telephone number is (571)270-5845. The examiner can normally be reached Monday-Friday 9am-5pm.
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/KAITLYN E SMITH/Primary Examiner, Art Unit 3794
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