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 § 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.
Claim(s) 1-8, 11-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Holladay (US20170231849A).
Regarding claim 1,
Holladay teaches (Currently Amended)
A moldable pad for supporting a body part; said moldable pad comprising an outer shell enclosing a fluidized medium (Holladay: FIG. 1 [0021] bean bag device 120), wherein said outer shell has a top surface facing said body part (Holladay: FIG. 1 [0021] bean bag device 120 is activated to create a substantially fixed support structure to hold the patient), and an opposing bottom surface (Holladay: FIG. 1 [0025] bottom surface of the bean bag 120), wherein said moldable pad further comprises at least one functional layer detachably attached to said top surface or said bottom surface of said outer shell (Holladay: FIG. 1 [0022] overly pad 110 as it rests above the bean bag 120 …overlay pad arrangement 100 may lay directly on an operating room table 104), wherein said functional layer is a comfort layer or a friction-enhancing layer (Holladay: FIG. 1 [0024] overlay pad arrangement 100 is not limited to any particular patient size or position to provide increased comfort, weight distribution, and reduced sliding on a surgical table).
Regarding claim 2,
Holladay teaches (Currently Amended) The moldable pad according to claim 1, wherein said functional layer is adhesively attached to said top surface or said bottom surface of said outer shell (Holladay: FIG. 1 [0023] overlay pad 110 allows portions of the material to be drawn down into the wrinkles and crevices of the bean bag 120 to form a smooth and continuous interface, where the bottom surface of the overlay pad mates continuously with the outer surface of the bean bag.).
Regarding claim 3,
Holladay teaches (Currently Amended) The moldable pad according to claim 1 or claim 2, wherein said functional layer has a first side facing said outer shell during use and a second, opposing side (Holladay: FIG. 1 [0023] the cellular structure of the overlay pad 110 allows portions of the material to be drawn down into the wrinkles and crevices of the bean bag 120); said functional layer further comprising an adhesive layer arranged on said first side (Holladay: FIG. 1 [0023] the bottom surface of the overlay pad mates continuously with the outer surface of the bean bag), wherein said adhesive layer is co-extensive in width and in length with said functional layer (Holladay: FIG. 1 [0023] bean bag 120, by virtue of the gel material, is merged into the crevices and protuberances of the bean bag device such that the two surfaces are melded together).
Regarding claim 4,
Holladay teaches (Currently Amended) The moldable pad according to, wherein said functional layer is detachably attached to and extends across at least 70%, preferably at least 80% of the surface area of said top surface or said bottom surface of said outer shell (Holladay: FIG. 1 [0023] overlay pad 110 allows portions of the material to be drawn down into the wrinkles and crevices of the bean bag 120 to form a smooth and continuous interface).
Regarding claim 5,
Holladay teaches (Currently Amended) The moldable pad according to claim1, wherein said functional layer has a longitudinal (y) extension and a lateral (x) extension and comprises a material being stretchable in the longitudinal (y) and lateral (x) directions of extension (Holladay: FIG. 1 [0023] the bottom surface of the bean bag 120, by virtue of the gel material, is merged into the crevices and protuberances of the bean bag device such that the two surfaces are melded together).
Regarding claim 6,
Holladay teaches (Currently Amended) The moldable pad according to claim1, wherein said functional layer is a comfort layer comprising a breathable material, and wherein said comfort layer is detachably attached to said top surface of said outer shell (Holladay: FIG. 1 [0023] the bottom surface of the bean bag 120, by virtue of the gel material, is merged into the crevices and protuberances of the bean bag device such that the two surfaces are melded together).
Regarding claim 7,
Holladay teaches (Currently Amended) The moldable pad according to claim 1, wherein said functional layer is a comfort layer, and wherein said comfort layer is absorbent (Gabel: FIG. 1 [0027] a foam is designed to absorb and distribute pressure from a patient).
Regarding claim 8,
Holladay teaches (Currently Amended) The moldable pad according to claim1, wherein said functional layer is a comfort layer comprising a polyurethane foam or a nonwoven material (Holladay: FIG. 1 [0008] the foam pad comprising a gel-infused polyurethane visco-elastic foam).
Regarding claim 11,
Holladay teaches (Currently Amended) The moldable pad according to claim 1,wherein said moldable pad comprises a first functional layer and a second functional layer; said first functional layer being a comfort layer detachably attached to said top surface of said outer shell; said second functional layer being a friction-enhancing layer detachably attached to said bottom surface of said outer shell (Holladay: FIG. 1 [0023] the bottom surface of the bean bag 120, by virtue of the gel material, is merged into the crevices and protuberances of the bean bag device such that the two surfaces are melded together).
Regarding claim 12,
Holladay teaches (Currently Amended) The moldable pad according to claim 1, wherein said moldable pad has no shape memory (Holladay: [0025] bean bag devices 120 generally conform to the shape of the patient).
Regarding claim 13,
Holladay teaches (Currently Amended) The moldable pad according to claim 1, wherein said fluidized medium comprises a viscous fluid and a plurality of microparticles (Holladay: [0020] gel-infused polyurethane and/or visco-elastic foam).
Regarding claim 14,
Holladay teaches (Currently Amended) A kit comprising a moldable pad for supporting a body part; said moldable pad comprising an outer shell enclosing a fluidized medium (Holladay: FIG. 1 [0021] bean bag device 120), wherein said outer shell has a top surface facing said body part (Holladay: FIG. 1 [0021] bean bag device 120 is activated to create a substantially fixed support structure to hold the patient), and an opposing bottom surface (Holladay: FIG. 1 [0025] bottom surface of the bean bag 120); said kit further comprising at least one functional layer configured to be detachably attached to said top surface or said bottom surface of said outer shell (Holladay: FIG. 1 [0021] overlay pad 110 can be configured to overlay on a bean bag device 120 between the patient and the bean bag 120).
Regarding claim 15,
Holladay teaches (Currently Amended) The kit according to claim 14, wherein said kit further comprises a pressure offloading mattress (Holladay: FIG. 1 [0022] overlay pad arrangement 100 lays on a mattress 150).
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holladay (US20170231849A) in view of Leeds (US11272788B2).
Regarding claim 9,
Holladay teaches (Currently Amended) The moldable pad according to claim 1.
Holladay does not teach wherein said functional layer is a friction-enhancing layer comprising a material having a static coefficient of friction that is higher than the static coefficient of friction of said outer shell of said moldable pad, and wherein said functional layer is detachably attached to said bottom surface of said outer shell.
Leeds teaches wherein said functional layer is a friction-enhancing layer comprising a material having a static coefficient of friction that is higher than the static coefficient of friction of said outer shell of said moldable pad (Leeds: FIG. 1 [Col. 10 50-60] outer cover 16 that faces the seat 100 for frictionally engaging the seat 100 and resisting slippage or collapsing of the seating pad assembly 10), and wherein said functional layer is detachably attached to said bottom surface of said outer shell (Leeds: FIG. 1 [Col. 10 50-60] outer cover 16 facing the seat 100 may comprise fibers with appropriate friction characteristics or that can be modified at least locally to have friction characteristics to prevent slippage on the seat 100).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Holladay in view of Leeds directed to including a cover for a cushion, where the cover has a friction side to prevent slippage on the cover. A person having ordinary skill in the art would have been motivated to make this modification in order to provide friction for a cover surface interacting with a cushion should be higher to prevent slippage (Leeds: [Col. 10 50-60]).
Regarding claim 10,
Holladay teaches (Currently Amended) The moldable pad according to claim 9.
Holladay does not teach wherein said friction-enhancing layer comprises a material having a static coefficient of friction that is at least three times higher, preferably at least six times higher than the static coefficient of friction of said outer shell of said moldable pad.
Leeds teaches wherein said friction- enhancing layer comprises a material having a static coefficient of friction that is at least three times higher, preferably at least six times higher than the static coefficient of friction of said outer shell of said moldable pad (Leeds: FIG. 1 [Col. 10 50-60] outer cover 16 facing the seat 100 may comprise fibers with appropriate friction characteristics or that can be modified at least locally to have friction characteristics to prevent slippage on the seat 100).
It would have been obvious for one having ordinary skill in the art before the effective filing date of the claimed invention to modify Holladay in view of Leeds directed to including a cover for a cushion, where the cover has a friction side to prevent slippage on the cover. A person having ordinary skill in the art would have been motivated to make this modification in order to provide friction for a cover surface interacting with a cushion should be higher to prevent slippage (Leeds: [Col. 10 50-60]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEANE E. TEJADA whose telephone number is (571)272-3553. The examiner can normally be reached Monday-Friday 7:30-4:30 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JOSEANE E. TEJADA
Examiner
Art Unit 3673
/JOSEANE E. TEJADA/Examiner, Art Unit 3673
/DAVID R HARE/Primary Examiner, Art Unit 3673
9/9/2026
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