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 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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 26, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation - 35 USC § 112
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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:
first power transmission module in claim 1;
connection unit in claim 1;
second power transmission module in claim 2; and
guide member in claim 7.
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 5 and 7 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 5 recites the limitation “the one and remaining ends” in line 2. There is insufficient antecedent basis for these limitations in the claim.
Claim 7 recites the limitation “the tension” in line 4. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rousso et al. (U.S. Patent Application Publication No. 20070173886; hereinafter “Rousso”).
Regarding claim 1, Rousso discloses a device (900; Figs. 9A-9B) for compressing a body part, the device comprising:
a compression unit (closed loop formed by straps (909a, 909b); para. [0081]) including an elastic member (“elastic element;” para [0081]) configured to come into contact along a circumference of a body part;
a power transmission unit including a first power transmission module (909b) coupled with an actuator (914) and configured to perform rotational movement (strap (909b) performs rotational movement as it wraps around roller (910); para. [0082]); and
a connection unit (fasteners connecting ends of straps (909a, 909b); para. [0081]) provided at one end of the power transmission unit and configured to enable attachment and detachment of the elastic member (para [0081]));
wherein the compression unit applies a constant pressure along the circumference of the body part (the closed loop is capable of applying constant pressure when circumference of a body part changes by adjusting tension in the straps (909); paras. [0081]-[0086]) by the first power transmission module designed in a spiral shape even when the circumference of the body part changes during a process of compressing the body part (strap (909b) is helical as it wraps around actuator (910); para. [0081]).
Regarding claim 2, Rousso discloses wherein the power transmission unit further comprises a second power transmission module (909a) connected to one end of the first power transmission module (Fig. 9B; para. [0081]) and configured to convert the rotational movement into linear movement (rotational movement of strap (909a) is converted to linear movement (at least along the longitudinal direction of the strap) into and out of the box (901); Fig. 9A; para. [0081]).
Regarding claim 3, Rousso disclose wherein:
one end of the second power transmission module is connected to one end of the first power transmission module that is most adjacent to the actuator (e.g., connection via components within box (901); Fig. 9B; para. [0082]); and
a remaining end of the second power transmission module is coupled to the connection unit (para. [0081]).
Regarding claim 4, Rousso discloses wherein a radius of the first power transmission module is designed based on a mathematical relationship between a pressure applied to the body part and a tension of the elastic member (the radius of strap (909b; i.e., radius of the wrapped amount of strap) is based on a mathematical relationship between pressure applied to the body part and tension in the closed strap loop (e.g., as tension in the loop changes, so does pressure applied by the loop) so that the tension of the elastic member generated by rotation of the first power transmission module corresponds to a difference between an initial length of the elastic member and a moving distance of the second power transmission module (as both rollers (910, 912) rotate simultaneously, the tension in the closed strap loop corresponds to an initial length of the loop (e.g., in a relaxed state) and the amount of strap (909a) wrapped around roller (910); paras. [0083]-[0085]).
Regarding claim 5, Rousso discloses wherein the elastic member forms a loop in which the body part is accommodated in such a manner that the one and remaining ends thereof are attached to the connection unit (para. [0081]).
Regarding claim 6, Rousso discloses wherein the compression unit further comprises one or more rollers (910, 912) configured to guide a direction of tension of the elastic member to one side by gathering the elastic member that surrounds the body part (paras. [0081]-[0085]).
Regarding claim 7, Rousso discloses wherein the compression unit further comprises a guide member (outer surfaces of rollers (910, 912)) configured to prevent the elastic member from moving away from an original position during a process in which the elastic member is moved by the tension (the ends of straps (909a, 909b) do not move away from their respective connections to rollers (910, 912) during tensioning of the closed loop strap).
Regarding claim 8, Rousso discloses wherein a radius of the first power transmission module (the radius of strap (909b; i.e., radius of the wrapped amount of strap) is determined based on a stall torque of the actuator, an initial length of the elastic member, and a polar coordinate representation for a shape of the first power transmission module (as the radius of strap (909b) changes with the amount of strap wrapped around roller (910), the radius is determined based on a stall torque (i.e., radius cannot increase when motor (914) cannot rotate), the length of strap wrapped around the roller when the device is applied to a body, and the rotational and/or angular coordinate representing the amount of rotation undergone by the roller).
Allowable Subject Matter
Claim 9 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.
Regarding claim 9, the prior art does not show by itself or in combination, the limitation of the radius of the first power transmission module being designed based on the mathematical relationship recited in the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jonathan A Hollm whose telephone number is (703)756-1514. The examiner can normally be reached Mon - Fri 8:30-5:30.
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/JONATHAN A HOLLM/Examiner, Art Unit 3771
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