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 .
Response to Amendment
The amendment filed May 29, 2026 has been entered. Claims 1-20 are pending.
Response to Arguments
Applicant’s arguments with respect to the prior rejections and double patenting rejections of the claim have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-3, 8-11, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over:
Kovelman et al. (US 20080262399 A1) (hereinafter – Kovelman) in view of
Chase et al. (US 20190133873 A1) (hereinafter – Chase).
Re. Claim 1: Kovelman teaches a wearable device for providing pressure therapy to a user(Abstract: mechanical pressure therapy application), comprising:
a wearable support configured to be worn by the user and comprising a plurality of inflatable regions that are configured to be inflated (Fig. 1: bladder-bearing section 11 supporting bladders 2, 4, 5);
an inflator operatively coupled to the plurality of inflatable regions (Fig. 5a: compressor 51 located within compression and controller unit 20; Paragraph 0034: compression and controller unit 20 is located in pouch 1 shown in Fig. 1 and connected to bladders 2, 4, 5 via coupling device 3 or inflation manifold and multiport connector as described in Paragraph 0039);
an inflator housing configured to enclose the inflator (Fig. 2: compression and controller unit 20, as described in Paragraph 0028: “The compressor and controller unit 20 integrates a compressor section and a controller section into a common housing”);
a plurality of conduits fluidly connecting the inflator to the plurality of inflatable regions, wherein the plurality of conduits extend through the inflator housing (Fig. 2: see hose connections 46 protruding through lower housing body, which are connected to compressor 51 (i.e., an inflation mechanism) shown in Fig. 5a);
a plurality of valves operable to open and close fluid communication between the inflator and the plurality of inflatable regions such that the plurality of inflatable regions can be inflated (Fig. 5a: solenoid valves 54; Paragraph 0013: “The inflation component may also include at least one solenoid-operated valve which, in response to commands from the control component, selectively controls inflation and venting of the compression bladder(s) by sealing and/or unsealing a vent path to the atmosphere and/or a conduit through which the compressed inflation gas is provided. Preferably, where more than one inflation bladder is present, more than one solenoid valve is provided, so that the inflation and/or venting of the bladders may be individually controlled, for example, in a sequential gradient compression pattern”).
Kovelman does not teach the invention further comprising
a user interface configured to receive input from the user comprising a selection of one or more target regions to which the pressure therapy is to be provided; and
a controller coupled to the inflator and configured to control operation of the inflator to inflate fewer than all of the plurality of inflatable regions based on the selected one or more regions.
Chase teaches analogous art in the technology of compression therapy garment systems (Abstract). Chase further teaches the invention comprising a user interface configured to receive input from the user comprising a selection of one or more target regions to which the pressure therapy is to be provided (Fig. 2: controller 52 having graphical user interface 80; Paragraph 0061: “As described further herein, an operator, or user, may provide input to the input apparatus 79 to manipulate, or modify, one or more graphical elements, graphical regions, and graphical areas displayed on the display 75 to, e.g., initiate one or more actions and/or processes related to the compression therapy system, indicate one or more actions and/or statuses related to one or more processes of the compression therapy system, etc.;” Figs. 5-12C: selection of pressure application to specific regions); and
a controller coupled to the inflator and configured to control operation of the inflator to inflate fewer than all of the plurality of inflatable regions based on the selected one or more regions (Figs. 1, 2: controller; see previously cited figures showing selective inflation of target regions).
Kovelman contemplates separate inflation of individual bladders (Paragraph 0009). Chase also provides a system having multiple bladders, as well as user-selected inflation of a subset thereof. It would have been obvious to one having skill in the art before the effective filing date to have modified Kovelman to include to include the user interface and control steps as taught by Chase to allow for a subset of inflatable regions to be inflated based on user input, the motivation being that doing so allows a user to utilize only a subset of bladders to target to provide therapy to a more precise desired location while also having the flexibility to utilize differing durations of therapy cycles associated with larger or smaller target areas (Figs. 8-11; Paragraphs 0098-0105).
Re. Claim 2: Kovelman as modified by Chase teaches the invention according to claim 1. Chase, in teaching further detail regarding the modification, further teaches the invention wherein the user interface is located on the inflator housing (Fig. 2: user interface 80 located on controller 52; Fig. 1: controller 52 comprises pump 51, and thus is considered an “inflator housing;” incorporation of the user interface of Chase would place the user interface 80 on an analogous component in Kovelman, i.e., compression and controller unit 20).
Re. Claim 3: Kovelman as modified by Chase teaches the invention according to claim 1. Kovelman further teaches the invention wherein the plurality of inflatable regions comprises a first inflatable region and a second inflatable region, wherein the first inflatable region and the second inflatable region are adjacent to each other (Fig. 1: three inflatable compression bladders 2, 4, 5).
Re. Claim 8: Kovelman teaches a wearable device for providing pressure therapy to a leg of a user (Abstract: mechanical pressure therapy application; Fig. 1: application to leg), comprising:
a wearable support configured to be worn on the leg of the user and comprising a plurality of inflatable bladders that are configured to be inflated (Fig. 1: bladder-bearing section 11 supporting bladders 2, 4, 5);
an inflator operatively coupled to the plurality of inflatable bladders (Fig. 5a: compressor 51 located within compression and controller unit 20; Paragraph 0034: compression and controller unit 20 is located in pouch 1 shown in Fig. 1 and connected to bladders 2, 4, 5 via coupling device 3 or inflation manifold and multiport connector as described in Paragraph 0039);
an inflator housing configured to enclose the inflator (Fig. 2: compression and controller unit 20, as described in Paragraph 0028: “The compressor and controller unit 20 integrates a compressor section and a controller section into a common housing”);
a plurality of conduits fluidly connecting the inflator to the plurality of inflatable bladders, wherein the plurality of conduits extend through the inflator housing (Fig. 2: see hose connections 46 protruding through lower housing body, which are connected to compressor 51 (i.e., an inflation mechanism) shown in Fig. 5a);
a plurality of valves operable to open and close fluid communication between the inflator and the plurality of inflatable bladders such that the plurality of inflatable bladders can be inflated (Fig. 5a: solenoid valves 54; Paragraph 0013: “The inflation component may also include at least one solenoid-operated valve which, in response to commands from the control component, selectively controls inflation and venting of the compression bladder(s) by sealing and/or unsealing a vent path to the atmosphere and/or a conduit through which the compressed inflation gas is provided. Preferably, where more than one inflation bladder is present, more than one solenoid valve is provided, so that the inflation and/or venting of the bladders may be individually controlled, for example, in a sequential gradient compression pattern”).
Kovelman does not teach the invention further comprising
a user interface located on the inflator housing and configured to receive input from the user comprising a selection of one or more target regions of the leg to which the pressure therapy is to be provided; and
a controller coupled to the inflator and configured to control operation of the inflator to inflate fewer than all of the plurality of inflatable bladders based on the selected one or more target regions.
Chase teaches a user interface located on the inflator housing and configured to receive input from the user comprising a selection of one or more target regions of the leg to which the pressure therapy is to be provided (see citations of rejection of claims 1 and 2); and
a controller coupled to the inflator and configured to control operation of the inflator to inflate fewer than all of the plurality of inflatable bladders based on the selected one or more target regions (see citations of rejection of claim 1).
Chase is combined with Kovelman analogously to the rejection of claim 1.
Re. Claim 9: Kovelman as modified by Chase teaches the invention according to claim 8. Kovelman further teaches the invention wherein the plurality of inflatable bladders comprises a first inflatable bladder and a second inflatable bladder, wherein the first inflatable bladder and the second inflatable bladder are adjacent to each other (Fig. 1: three inflatable compression bladders 2, 4, 5).
Re. Claim 10: Kovelman as modified by Chase teaches the invention according to claim 9. Kovelman further teaches the invention wherein elongation of one or both of the first inflatable bladder or the second inflatable bladder is constrained relative to outer layers of the wearable support (Paragraph 0025: “The bladders may be positioned elsewhere, such as between layers of the non-rigid compression sleeve…;” Examiner notes that elongation of the bladders, with respect to the circumferential direction of the encircled measurement location, is limited by the dimensions of the bladder-bearing section 11 as shown in Fig. 1).
Re. Claim 11: Kovelman as modified by Chase teaches the invention according to claim 9. Kovelman further teaches the invention wherein elongation of one or both of the first inflatable bladder or the second inflatable bladder is not constrained relative to outer layers of the wearable support (Paragraph 0025: “The bladders in this embodiment are located on an inside surface of the section 11, between section 11 and the patient's leg. The bladders may be positioned elsewhere, such as… outside the sleeve, as long as adequate therapeutic pressure can be applied to the patient's appendage;” Examiner notes that being along an inside surface of the bladder-bearing section 11 or along an outside surface thereof allows the bladders 2, 4, 5 to elongate, with respect to the circumferential direction of the encircled measurement location, unconstrained by the dimensions of the bladder-bearing section 11, i.e., the wearable support).
Re. Claim 15: Kovelman teaches a wearable device for providing pressure therapy to a leg of a user (Abstract: mechanical pressure therapy application; Fig. 1: application to leg), comprising:
a wearable support configured to be worn on the leg of the user and comprising a plurality of inflatable bladders that are configured to be inflated (Fig. 1: bladder-bearing section 11 supporting bladders 2, 4, 5);
an inflator operatively coupled to the plurality of inflatable bladders (Fig. 5a: compressor 51 located within compression and controller unit 20; Paragraph 0034: compression and controller unit 20 is located in pouch 1 shown in Fig. 1 and connected to bladders 2, 4, 5 via coupling device 3 or inflation manifold and multiport connector as described in Paragraph 0039);
an inflator housing attached to a surface of the wearable support and configured to enclose the inflator (Fig. 2: compression and controller unit 20, as described in Paragraph 0028: “The compressor and controller unit 20 integrates a compressor section and a controller section into a common housing;” Paragraph 0008: “The inflation and control components are preferably held within a pouch or pocket on the compression sleeve, but may also be held on the sleeve by other attachment features, such as a Velcro strap”);
a plurality of conduits fluidly connecting the inflator to the plurality of inflatable bladders, wherein the plurality of conduits extend through the inflator housing and the surface of the wearable support (Fig. 1: see pneumatic lines of each bladder leading to connecting part 3; Fig. 2: see hose connections 46 protruding through lower housing body, which are connected to compressor 51 (i.e., an inflation mechanism) shown in Fig. 5a; Paragraph 0026: “At least a portion of the pneumatic lines are preferably routed within the compression sleeve portion 11, both to minimize exposure to potential damage, and for patient comfort and convenience (avoiding dangling lines and direct-contact pressure points from lines routed on the inside surface of the compression sleeve);” alternatively or additionally, the pouch 1 of the compression sleeve shown in Fig. 1 may be considered a “surface” of the compression sleeve, whereby pneumatic lines are routed through a bottom of the pouch 1 to couple with the hose connections 46 of the outer casing of compressor and controller unit 20 shown in Fig. 5a);
a plurality of valves operable to open and close fluid communication between the inflator and the plurality of inflatable bladders such that the plurality of inflatable bladders can be inflated (Fig. 5a: solenoid valves 54; Paragraph 0013: “The inflation component may also include at least one solenoid-operated valve which, in response to commands from the control component, selectively controls inflation and venting of the compression bladder(s) by sealing and/or unsealing a vent path to the atmosphere and/or a conduit through which the compressed inflation gas is provided. Preferably, where more than one inflation bladder is present, more than one solenoid valve is provided, so that the inflation and/or venting of the bladders may be individually controlled, for example, in a sequential gradient compression pattern”);
Kovelman does not teach the invention further comprising
a user interface located on the inflator housing and configured to receive input from the user comprising a selection of one or more target regions to which the pressure therapy is to be provided; and
a controller coupled to the inflator and configured to control operation of the inflator to inflate fewer than all of the plurality of inflatable bladders based on the selected one or more target regions.
Chase teaches such aspects, and is combined with Kovelman analogously to the rejection of claims 1 and 8.
Re. Claim 16: Kovelman as modified by Chase teaches the invention according to claim 15. Kovelman further teaches the invention wherein the plurality of inflatable bladders comprises a first inflatable bladder and a second inflatable bladder, wherein the first inflatable bladder and the second inflatable bladder are adjacent to each other (Fig. 1: three inflatable compression bladders 2, 4, 5).
Re. Claim 17: Kovelman as modified by Chase teaches the invention according to claim 16. Kovelman further teaches the invention wherein elongation of one or both of the first inflatable bladder or the second inflatable bladder is constrained relative to outer layers of the wearable support (Paragraph 0025: “The bladders may be positioned elsewhere, such as between layers of the non-rigid compression sleeve…;” Examiner notes that elongation of the bladders, with respect to the circumferential direction of the encircled measurement location, is limited by the dimensions of the bladder-bearing section 11 as shown in Fig. 1).
Re. Claim 18: Kovelman as modified by Chase teaches the invention according to claim 16. Kovelman further teaches the invention wherein elongation of one or both of the first inflatable bladder or the second inflatable bladder is not constrained relative to outer layers of the wearable support (Paragraph 0025: “The bladders in this embodiment are located on an inside surface of the section 11, between section 11 and the patient's leg. The bladders may be positioned elsewhere, such as… outside the sleeve, as long as adequate therapeutic pressure can be applied to the patient's appendage;” Examiner notes that being along an inside surface of the bladder-bearing section 11 or along an outside surface thereof allows the bladders 2, 4, 5 to elongate, with respect to the circumferential direction of the encircled measurement location, unconstrained by the dimensions of the bladder-bearing section 11, i.e., the wearable support).
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.
Claim(s) 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over:
Kovelman et al. (US 20080262399 A1) (hereinafter – Kovelman) in view of
Chase et al. (US 20190133873 A1) (hereinafter – Chase) in further view of
Ravikuma et al. (US 20210275386 A1) (disclosed by Applicant) (hereinafter – Ravikuma).
Re. Claim 4: Kovelman as modified by Chase teaches the invention according to claim 3, but does not teach the invention wherein one or more of the first inflatable region or the second inflatable region is formed from an inelastic material.
Ravikuma teaches analogous art in the technology of therapeutic compression (Abstract). Ravikuma teaches wherein one or more of the first inflatable region or the second inflatable region is formed from an inelastic material (Figs. 7-10; Paragraph 0120: “The wedge-shaped bladder 38b has a pyramidal shape, as illustrated in FIG. 7 when inflated. One of the three pyramidal sides may be rigid, to prevent distention of the wedge-shaped bladder 38b in a direction away from the desired treatment area;” Paragraph 0121: “The walls of the rectangular-shaped bladder 44b can be elastic or inelastic. Alternatively, a combination of both inelastic and elastic walls may be used. One or more portions of the walls of the rectangular-shaped bladder 44b may be formed of a rigid material or attached to a rigid material placed within the pocket 20 of the primary wrap 12 in order to avoid distention”).
It would have been obvious to one having skill in the art before the effective filing date to have modified the bladders of Kovelman as modified by Chase to utilize the construction of inflatable bladders as taught by Ravikuma, the motivation being that the bladder configurations of Ravikuma formed by at least one inelastic material provide differing benefits, such as providing an “efficient gradient profile” and accommodation of the thinner anatomy of the lower leg when considering a wedge-shaped bladder (Paragraph 0120), and reducing central bulging to provide uniform compression when considering a rectangular-shaped bladder (Paragraph 0121).
Re. Claim 5: Kovelman as modified by Chase and Ravikuma teaches the invention according to claim 4. Ravikuma, in teaching further detail regarding the modification, further teaches wherein one or more of the first inflatable region or the second inflatable region comprises a predefined shape when fully inflated (see citations of rejection of claim 4; Figs. 7-10 demonstrate a predefined shape when inflated).
Re. Claim 6: Kovelman as modified by Chase teaches the invention according to claim 3, but does not teach the invention wherein one or more of the first inflatable region or the second inflatable region is formed from an elastic material.
Ravikuma teaches wherein one or more of the first inflatable region or the second inflatable region is formed from an elastic material (Figs. 7-10; Paragraph 0120: wedge-shaped bladder requires only “[o]ne of the three sides” to be rigid; Paragraph 0121: the rectangular-shaped bladder requires “a combination of both inelastic and elastic walls may be used”).
It would have been obvious to one having skill in the art before the effective filing date to have modified the bladders of Kovelman as modified by Chase to utilize the construction of inflatable bladders as taught by Ravikuma, the motivation being that the bladder configurations of Ravikuma formed by at least one elastic material provide differing benefits, such as providing an “efficient gradient profile” and accommodation of the thinner anatomy of the lower leg when considering a wedge-shaped bladder (Paragraph 0120), and reducing central bulging to provide uniform compression when considering a rectangular-shaped bladder (Paragraph 0121).
Re. Claim 7: Kovelman as modified by Chase teaches the invention according to claim 3. It is not clear if bladders 2, 4, 5 of Kovelman are differing sizes (Fig. 1). However, the concept of utilizing different sized bladders is also known from Ravikuma, since Ravikuma teaches the invention wherein the first inflatable region and the second inflatable region are different sizes (Fig. 1: primary wrap 12 and secondary wrap 14; Fig. 27: primary and secondary bladders 312 and 314).
It would have been obvious to one having skill in the art before the effective filing date to have modified the bladders of Kovelman as modified by Chase to be differing sizes as taught by Ravikuma, the motivation being that doing so can account for placement relative to a wound (Paragraph 0162: “The size of the primary bladder 312 may be varied, and different sizes may be chosen depending on the size and location of the wound”), and take into account the shape and contour of differing locations of anatomy (Paragraph 0164: “The size and shape of the inflatable chamber 314a of the secondary bladder 314 may vary significantly, and is by way of example and not limitation between about three and six inches long, about one and a half to three inches wide, and when inflated between about one quarter and one half inch in height. The shape of the inflatable chamber 314 preferably conforms to the shape of a foot or heel”), whereby the bladders 2, 4, 5 of Kovelman occupy differing heights along the lower leg (Kovelman, Fig. 1).
Claim(s) 12-14, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over:
Kovelman et al. (US 20080262399 A1) (hereinafter – Kovelman) in view of
Chase et al. (US 20190133873 A1) (hereinafter – Chase) in further view of
Fraser et al. (US 20130184623 A1) (disclosed by Applicant) (hereinafter – Fraser).
Re. Claims 12 and 19: Kovelman as modified by Chase teaches the invention according to claims 9 and 16, but does not teach the invention wherein the first inflatable bladder comprises a first flexible layer and a second flexible layer, wherein the first flexible layer is located closer to the leg of the user than the second flexible layer.
Fraser teaches analogous art in the technology of deep pressure therapy systems (Abstract). Fraser further teaches the invention wherein the first inflatable bladder comprises a first flexible layer and a second flexible layer (Paragraph 0036: construction of an inflatable component 120 comprises using two flexible fabric layers coated with a polymer material welded along a pre-cut shape to create bladder 124),
wherein the first flexible layer is located closer to the leg of the user than the second flexible layer (Fig. 1B: inner side 120I faces towards body of wearer as described in Paragraph 0036: “FIG. 1B shows the side of inflatable component 120 that is facing toward the body of the wearer (i.e., the inner side 120I of inflatable component 120)”).
It would have been obvious to one having skill in the art before the effective filing date to have modified the bladders of Kovelman as modified by Chase to utilize the construction of bladders as taught by Fraser, the motivation being that using two pieces cut from a cut-out shape (Paragraph 0036: see construction technique) allows for greater variety in shapes of bladders which better serve to fit differing patient anatomies, and the differential stretchability of each layer allows for preferential expansion towards the body of a patient (Paragraph 0036: see “preferential effect”), which allows for more efficient and directed application of pressure.
Claim 19 differs from claim 12 in dependency and is rejected analogously to claim 12.
Re. Claims 13 and 20: Kovelman as modified by Chase and Fraser teaches the invention according to claims 12 and 19. Fraser, in teaching further detail regarding the modification, further teaches the invention wherein the first flexible layer is elastic and the second flexible layer is inelastic (Paragraph 0036: “To create the preferential effect of bladder 124 expanding inwards, inflatable component 120 may be made by welding a stretchy piece of fabric with a non-stretch piece of fabric. Alternatively, a stretchy and a non-stretch piece of fabric can be fastened on either side of bladder 124”).
Claim 20 differs from claim 13 in dependency and is rejected analogously to claim 13.
Re. Claim 14: Kovelman as modified by Chase and Fraser teaches the invention according to claim 12. Fraser, in teaching further detail regarding the modification, further teaches the invention wherein both the first flexible layer and the second flexible layer are elastic (Paragraph 0036: “In some embodiments, bladder 124 may be less stretchable on the outer side 120O, and more stretchable on the inner side 120I, so that when bladder 124 is inflated, bladder 124 will expand preferentially inwardly towards the body;” Examiner notes that “less stretchable” encompasses materials which are still stretchable).
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 conflicting claims 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); 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 nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined 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 § 2146 et seq. 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).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 15, and 18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 19 of U.S. Patent No. 11,969,557 B1 (hereinafter – “the ‘557 patent”) in view of Chase et al. (US 20190133873 A1) (hereinafter – Chase). Although the claims at issue are not identical, they are not patentably distinct from each other because each limitation of present claim 1 is encompassed claim 1 of the ‘557 patent, and claims 15 and 18 (reciting inflatable bladders as opposed to inflatable regions) are encompassed by claim 19 of the ‘557 patent, in light of modification by Chase as detailed in the prior art rejections above; motivations to modify being identical.
Claims 1, 15, and 18 are also rejected on the ground of nonstatutory double patenting as being unpatentable over claim 19 of U.S. Patent No. US 12,527,484 B2 (hereinafter – “the ‘484 patent”) in view of Chase et al. (US 20190133873 A1) (hereinafter – Chase). Although the claims at issue are not identical, they are not patentably distinct from each other because each limitation of present claims 1, 15, and 18 are encompassed by claim 1 of the ‘484 patent, since claim 19 defines the wearable housing of claim 1 of the ‘484 patent as an inflator housing akin to each instance of inflator housing recited in the independent claims of the present application, and in further view of modification by Chase as detailed in the prior art rejections above; motivations to modify being identical.
The remaining dependent claims are rejected due to dependency.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUSTIN XU whose telephone number is (571)272-6617. The examiner can normally be reached Mon-Fri 7:30-5:00.
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/JUSTIN XU/Primary Examiner, Art Unit 3791
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