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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders et al. (US 20130041441 A1) herein referred to as “Saunders” in view of Sorensen et al. (US 6195822 B1) herein referred to as “Sorensen” further in view of Clayton (US 20220007860 A1) herein referred to as “Clayton” further in view of Jensen et al. (US 20150007832 A1) herein referred to as “Jensen”.
Regarding claim 1, Saunders discloses: A hypothermia survival bag comprises ([Abstract]; Hyperthermic management apparatus, which is seen as a hypothermia survival bag): a waterproof base further comprising a water repellent shell outer layer ([0020]; outershell 10 is disclosed as weatherproof which is seen as water repellent) and a waterproof liner ([0021] Bottom sheet 16, which is seen as a liner, is disclosed as water repellet), wherein the waterproof base has a bathtub configuration ([Figure 4]; The apparatus is shown with elevated sides which is seen as a bathtub configuration) having a head end, a foot end, and left and right sides ([Figure 1 and Figure 2]; Head end 34 a left and right side and a foot end are disclosed as shown below); an insulated top panel attached to the waterproof base at the foot end ([Figure 1 and Figure 2]; Top sheet 16 is disclosed attached to the foot end as shown below), and removably attached to each of the left and right sides ([0023]; Top sheet 14 attached to the sides with 24a and 24b releasable connectors) with left and right side zippers, wherein the connectors extend from the foot end to the head end ([Figure 2]; Releasable connectors 24a and 24b extend from the head end to the foot end), wherein the left and right zippers are at an upper edge of the bathtub configuration to provide elevated access ([Figure 4]; The releasable connectors are shown connecting sheets 14 and 16 further they are elevated as compared to the bottom of the cavity; a foot box ([Figure 1]; Leg area 26d which houses the feet is seen as the foot box); a hood ([Figure 1]; Hood 34;
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[Saunders, Figure 1 and Figure 2]
Saunders does not explicitly disclose: Zippers, wherein the left and right side zippers extend from the foot end to the head end, wherein each of the left and right side zippers includes a plurality of pulls permitting each of the left and right side zippers to be selectively opened in multiple places simultaneously; a hood having a brim; and a patient card pouch attached to an outside of the insulated top panel.
However, Sorensen discloses: Zippers, wherein the left and right side zippers extend from the foot end to the head end ([(4)]; Zippers 29 connecting a top and base along the two sides and base of the base), wherein each of the left and right side zippers includes a plurality of pulls permitting each of the left and right side zippers to be selectively opened in multiple places simultaneously ([(4)]; The zippers are disclosed as two way zippers which is seen as opening in multiple places simultaneously)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders with the zippers as disclosed by Sorensen. The motivation being to provide rapid patient access ([(14)]).
However, Clayton discloses: a hood having a brim ([Figure 4B]; Hood with brim 422).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders with the hood with brim as disclosed by Clayton the motivation being to limit the ingress and egress of air ([0040]).
However, Jensen discloses: and a patient card pouch attached to an outside of the insulated top panel ([0116]; A pocket is disclosed in the top cover on the outside).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders with the patient pocket as disclosed by Jensen. The motivation being to hold patient identification documents ([0116]).
Regarding claim 2, Saunders in view of Sorensen further in view of Clayton further in view of Jensen disclose: The hypothermia survival bag of Claim 1. Saunders further discloses: A water repellent shell of the waterproof base ([0020]). Saunders does not explicitly disclose: further comprising a plurality of side transport loops, a head transport loop, and a foot transport loop attached to the shell.
However, Jensen discloses: further comprising a plurality of side transport loops ([Figure 1]; A plurality of straps are positioned around the transporter), a head transport loop ([Figure 1]; A strap is portioned at the top of the transporter which is seen as a head transport loop), and a foot transport loop ([Figure 1]; Multiple straps are positioned at the bottom of the transport shell which is seen as a foot transport loop) attached to shell ([0061]; The straps are disclosed as being attached to the outside of the transporter which is seen as the shell).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the transport loops as further disclosed by Jensen. The motivation being to provide additional carrying strength ([0060]).
Regarding claim 3, Saunders in view of Sorensen further in view of Clayton further in vie w of Jensen disclose: The hypothermia survival bag of Claim 2. Saunders further discloses: A water repellent shell of the waterproof base ([0020]). Saunders does not explicitly disclose: wherein the plurality of side transport loops, the head transport loop, and the foot transport loop are selectively attached to the water repellent shell of the waterproof base in order to accommodate a stabilizing board between the plurality of transport loops and the shell.
However, Jensen discloses: wherein the plurality of side transport loops, the head transport loop, and the foot transport loop are selectively attached to the water repellent shell of the waterproof base in order to accommodate a stabilizing board between the plurality of transport loops and the shell ([0115]; The straps are disclosed as being able have rigid bodies inserted into them, which is seen as stabilizing boards).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the stabilizing boards as further disclosed by Jensen the motivation being the manual lifting of the transporter ([01115]).
Regarding claim 4, Saunders in view of Sorensen further in view of Clayton further in view of Jensen disclose: The hypothermia survival bag of Claim 1. Saunders further discloses: wherein the insulated top panel includes a duck bill extension at the head end ([Figure 1]; Neck closure 36 attached to the top panel 14, which is seen as a duck bill extension).
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders in view of Sorensen further in view of Clayton further in view of Jesen further in view of Jacobson (US 12528566 B1) herein referred to as “Jacobson”.
Regarding claim 5, Saunders in view of Sorensen further in view of Clayton further in view of Jesen disclose: The hypothermia survival bag of Claim 1, wherein the bottom interior of the waterproof base includes a plurality of insulating layers selected from the group consisting of batting with a durable water repellent shell (Saunders: [Figure 4]; Weather repellant layer 22a), an absorbent pad (Saunders: [Figure 4]; absorbent pad 28). Saunders does not explicitly disclose: A batting with aerogel, and a perforated spacer pad.
However, Jensen discloses: and a perforated spacer pad. ([0066]; A cushion layer is disclosed between the patient and the support device further the cushion is disclosed as being made from foam which is seen as perforated)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the perforated spacer pad as further disclosed by Jensen. The motivation being to provide patient comfort ([0014]).
However, Jacobson discloses: A batting with aerogel ([(72)]; Shell lining layer disclosed as being aerogel.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the aerogel layer as disclosed by Jacobson. The motivation being to provide thermal insulation ([(72)]).
Regarding claim 6 Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson disclose: The hypothermia survival bag of Claim 5. Saunders further discloses: the waterproof base ([0020]). Saunders does not explicitly disclose: wherein each of the interior left and right sides of the waterproof base comprise an insulating curtain attached adjacent the left and right side zippers, the insulating curtain hanging down to the bottom interior of the waterproof base.
However, Sorensen discloses: wherein each of the interior left and right sides of the waterproof base comprise an insulating curtain attached adjacent the left and right side zippers ([Figure 9]; Interior lining 80, which is seen as an insulating curtain, is attached to the base 12 and adjacent to the zippers at the top edge of base 12), the insulating curtain hanging down to the bottom interior of the waterproof base ([Figure 9]; The interior lining spans the height of the base, which is seen as hanging down).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson with the curtains as further disclosed by Sorensen. The motivation being to protect the patient during inclement weather conditions ([(7)]).
Regarding claim 7, Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson disclose: The hypothermia survival bag of Claim 6. Saunders further discloses: a batting layer with a metallized shell ([0004]; both top sheet 14 and bottom sheet 16, which are seen as a shell, are comprised of aluminized polyester, which is seen as a metallized shell). Saunders does not explicitly disclose: wherein each of the left and right insulating curtains includes a plurality of insulating layers selected from the group consisting of a batting layer, a batting layer with aerogel.
However, Sorensen discloses: interior left and right sides of the waterproof base ([Figure 9]; Interior lining 80, which is seen as an insulating curtain, is attached to the base 12 and adjacent to the zippers at the top edge of base 12).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson with the curtains as further disclosed by Sorensen. The motivation being to protect the patient during inclement weather conditions ([(7)]).
However, Jacobson discloses: A batting with aerogel ([(72)]; Shell lining layer disclosed as being aerogel.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobsen with the aerogel layer as further disclosed by Jacobson. The motivation being to provide thermal insulation ([(72)]).
Regarding claim 8, Saunders in view of Sorensen further in view of Clayton further in view of Jensen disclose: The hypothermia survival bag of Claim 1. Saunders further discloses: wherein the insulated top panel ([0021]; Top sheet 14) includes a plurality of functional and insulating layers selected from the group consisting of batting with a wind-resistant shell ([0021]; Top sheet is disclosed as having a wind resistant layer), and a metallized shell ([0021]; Top sheet 14 is disclosed as comprising aluminized polyester, which is seen as a metallized shell). Saunders does not explicitly disclose: A batting with aerogel.
However, Jacobson discloses: A batting with aerogel ([(72)]; Shell lining layer disclosed as being aerogel.)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the aerogel layer as disclosed by Jacobson. The motivation being to provide thermal insulation ([(72)]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders in view of Sorensen further in view of Clayton further in view of Jesen further in view of Jacobson further in view of Phillips et al. (US 4787105 A1) herein referred to as “Phillips”.
Regarding claim 9, Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson disclose: The hypothermia survival bag of Claim 6. Jensen further discloses: wherein the insulating curtains further comprise insulating extensions for the feet ([Figure 9]; Extension 84). Jensen does not explicitly disclose: curtains further comprise insulating extensions for the neck.
However, Phillips discloses: curtains further comprise insulating extensions for the neck. ([(8)]; Draft curtain 46 which is seen as an insulating extension is disclosed around users neck).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen further in view of Jacobson with the neck extension as disclosed by Phillips. The motivation being to prevent the ingress of air ([(8)].
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders in view of Sorensen further in view of Clayton further in view of Jesen further in view of Michaelis et al. (US 6438774 B1) herein referred to as “Michaelis”
Regarding claim 10, Saunders in view of Sorensen further in view of Clayton further in view of Jesen disclose: The hypothermia survival bag of Claim 1. Saunders discloses: insulated top panel ([0020]). Saunders does not explicitly disclose: further comprising a girth adjustment mechanism attached to left and right edges of the insulated top panel, the girth adjustment mechanism selected from Y-straps with buckles and a girth adjustment cord laced through eyelets along the left and right edges of the insulated top panel.
However, Michaelis discloses: further comprising a girth adjustment mechanism attached to left and right edges of the insulated top panel ([Figure 5B]; Girth adjustment mechanism 20 located on the top panel of the sleeping bag. [(4)]; The sleeping bag is disclosed as insulating), the girth adjustment mechanism selected from Y-straps with buckles and a girth adjustment cord laced through eyelets along the left and right edges of the insulated top panel. ([Figure 5B]; The girth adjustment mechanism are on the right and left edges of the top panel. [Figure 6A]; Describes a connection mechanism that may be used, which is seen as a y strap connection with buckles and laced through an eyelet).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the girth adjustment mechanism as disclosed by Michaelis. The motivation being to have greater versatility and increased comfort ([(15)].
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Saunders in view of Sorensen further in view of Clayton further in view of Jesen further in view of Tatsuno (JP 2001046205 A) herein referred to as “Tatsuno”.
Regarding claim 11, Saunders in view of Sorensen further in view of Clayton further in view of Jesen disclose: The hypothermia survival bag of Claim 1. Saunders in view of Sorensen further in view of Clayton further in view of Jesen do not explicitly disclose: further comprising a length adjustment mechanism incorporated into a bottom exterior of the waterproof base, the length adjustment mechanism comprising one or more length adjustment cords laced through openings in the side transport loops, the head transport loop, and the foot transport loop.
However, Tatsuno discloses: further comprising a length adjustment mechanism incorporated into a bottom exterior of the waterproof base ([Figure 5]; String 11 which in the bottom exterior of the base), the length adjustment mechanism comprising one or more length adjustment cords laced through openings in the side transport loops, the head transport loop, and the foot transport loop. ([Figure 5]; multiple cords comprise cord 11. [0012]; String 11 is disclosed as pushing through a side portion of the head and foot section which is seen as laced through transport loops)
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to modify the hyperthermia survival bag as disclosed by Saunders in view of Sorensen further in view of Clayton further in view of Jensen with the length adjustment mechanism as disclosed by Tatsuno. The motivation being to improve heat retention of the feet of shorter users ([DESCRIPTION OF THE PREFERRED EMBODIMENTS, pp 28]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CASEY GEORGE CHA whose telephone number is (571)272-0749. The examiner can normally be reached Monday-Friday 8:30-5:00.
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/CASEY GEORGE CHA/Examiner, Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794
