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
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) 1-6, 8-10, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 20200276064 A1 to Benson in view of US 6425399 B1 to Hoster.
Re Claim 1, Benson teaches:
A device for fixing a living being, in particular a newborn (at least [Abstract] “spinal immobilization device”), comprising:
a base element with at least one fastening means for fastening the device to a transport device, preferably a stretcher or a seat (at least Figs. 1-7 element 104 and [0052] “spinal support member 104 may be an enclosed tubular structure or bladder”.),
wherein the base element has at least one first evacuable or inflatable interior space (at least Figs. 1-7 element 104 and [0052] “spinal support member 104 may be an enclosed tubular structure or bladder”.).
Benson does not explicitly teach:
and at least one flexible attachment element arranged on the base element, wherein the attachment element can be fixed to the living being,
and the at least one attachment element has at least one second evacuable interior space, wherein the at least one first interior space and the at least one second interior space are designed separately from each other and/or can be evacuated separately from each other.
However, Hoster teaches:
and at least one flexible attachment element arranged on the base element, wherein the attachment element can be fixed to the living being (at least Figs. 1-4 element 12 and [Col. 3 lines 38-49] “inflatable bladder 12 advantageously can be coupled to the backboard 13 to eliminate or reduce all or some of the gaps 14 between the patient 11 and the backboard 13, and to provide a cushion between the patient 11 and backboard 13”.),
and the at least one attachment element has at least one second evacuable interior space, wherein the at least one first interior space and the at least one second interior space are designed separately from each other and/or can be evacuated separately from each other (at least [Col. 3 lines 38-49] “the bladder 12 advantageously can be removably attached to the backboard 13 as needed or desired. Thus, the bladder 12 does not interfere with the use of the backboard 13 in situations in which the bladder 12 is not needed or desired”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by Benson with the attachment element taught by Hoster with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “use of the inflatable bladder 12 advantageously may reduce the chances of further or aggravated injury, and may provide additional comfort” (Hoster [Col. 3 lines 38-49]).
Re Claim 2, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein the base element has a support section on which the living being can be placed for support (at least Figs. 1-4 and [0047] “base member 102”).
Re Claim 3, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein the at least one attachment element is U-shaped (at least Figs. 1-7 element 104 and [0052] “spinal support member 104 may be an enclosed tubular structure or bladder”.).
Re Claim 4, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein the device has at least one first valve for evacuating or inflating the base element (at least Figs. 7-8 and [0052] “valve 138”.)
Hoster further teaches:
and at least one second valve for evacuating the at least one attachment element (at least [Col. 5 lines 27-38] “A shut-off valve 38 and/or a pressure relief valve 39 may be coupled to the bladder 12”).
Re Claim 5, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein in a state in which a living being is fixed in the device at least a head and a chest region of the living being fixed in the device is accessible (at least [0023] “the spinal support member may include a semi-circular head support portion coupled to a pair of longitudinal support members, the semi-circular head support portion configured to support the head of the patient, the pair of longitudinal support members configured to support sides of the spine of the patient”).
Re Claim 6, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein granules are arranged in the first interior space and in the second interior space respectively (at least [0055] “the outer surface 136 may enclose an amount of fluid absorbing particles or members 146”).
Re Claim 8, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Benson further teaches:
wherein the at least one fastening means comprises at least one strap and/or at least one buckle (at least [0061] “The patient may additionally or alternatively be secured to the base member via straps”.).
Re Claim 9, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Hoster further teaches:
wherein handles and/or retaining straps separate from the at least one fastening means are arranged on the device, preferably on the base element (at least Figs. 1-4 element 26).
Re Claim 10, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
Hoster further teaches:
wherein the base element is rectangular (at least Figs. 1-4 element 12).
Re Claim 14, the combination of Benson and Hoster teaches:
A method for fixing a living being, in particular a newborn, with a device according to claim 1, comprising (detailed with respect to claim 1).
Benson further teaches:
placing the living being on the base element, evacuating or inflating the first interior space, wherein the base element is hardened in such a way that a spine of the living being is at least partially immobilized, molding the attachment element to fit the living being (at least [0057] “The expansion of the fluid absorbing particles 146 causes the bladder 136 to inflate and form the shape shown in FIG. 7. The shape of the spinal support member 104 may conform to the patient when the spinal support member 104 is adhered to the patient via the double sided adhesive 150. In that way, when the spinal support member 104 is adhered to the patient and is inflated, the patient and the attached spinal support member 104 may be positioned on the base member 102 of the spinal immobilization device 100 such that the spinal support member 104 fits within the channel 114 formed within the top surface 110 of the base member 102. The patient and spinal immobilization device 100 may then be transported or further supported on a cot, stretcher, gurney, or other transportation device”).
Hoster further teaches:
and evacuating the second interior space so that the living being is supported and/or stabilized in the device (at least [Col. 6 lines 15-25] “The bladder 12 advantageously can be deflated”.).
Re Claim 15, the combination of Benson and Hoster teaches:
The method according to claim 14(detailed with respect to claim 14).
Benson further teaches:
wherein the device is fastened in a further step to a transport device, preferably a stretcher or a seat, via the at least one fastening means (at least [0057] “The patient and spinal immobilization device 100 may then be transported or further supported on a cot, stretcher, gurney, or other transportation device”).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benson in view of Hoster and further in view of US 4979520 to Boone.
Re Claim 7, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
The combination of Benson and Hoster does not explicitly teach:
wherein at least one damping element, preferably comprising a spacer fabric and/or a foam, is arranged in the first interior space and/or in the second interior space.
However, Boone teaches:
wherein at least one damping element, preferably comprising a spacer fabric and/or a foam, is arranged in the first interior space and/or in the second interior space (at least Figs. 1-4 element 20 and [Col. 7 lines 55-68] “sheet-like layer 20”. It is noted that and/or means that “or” is a valid selection and only a spacer fabric in either interior space is sufficient to fulfill the limitation).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by the combination of Benson and Hoster with the spacer fabric taught by Boone with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so because “front sheet-like layer 20 is stitched or otherwise secured around its periphery to the rear sheet-like layer 16, thus to encapsulate the elongate stiffener members 18 inside the immobilizer. Conventional stitching between the stiffener members assures their being retained in the desired individual or spaced relationship” (Boone [Col. 7 lines 55-68]).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Benson in view of Hoster and further in view of US 20190053635 A1to Cheung.
Re Claim 11, the combination of Benson and Hoster teaches:
The device according to claim 1 (detailed with respect to claim 1).
The combination of Benson and Hoster does not explicitly teach:
wherein the device comprises at least one temperature control device for temperature-controlling a living being, in particular for cooling and/or warming.
However, Cheung teaches:
wherein the device comprises at least one temperature control device for temperature-controlling a living being, in particular for cooling and/or warming (at least [0127] “the pad layer can comprise a heating element”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device taught by the combination of Benson and Hoster with the heating element taught by Boone with a reasonable expectation of success and predictable results. A person having ordinary skill in the art would have been motivated to do so “so that the foldable apparatus of the present disclosure can keep the living object placed on the pad layer warm” (Cheung [0127]).
Re Claim 12, the combination of Benson, Hoster, and Cheung teaches:
The device according to claim 11 (detailed with respect to claim 11).
Cheung further teaches:
wherein the at least one temperature control device is arranged in the first interior space and/or in the second interior space (at least [0127] “the pad layer can comprise a heating element”).
Re Claim 13, the combination of Benson, Hoster, and Cheung teaches:
The device according to claim 11 (detailed with respect to claim 11).
Cheung further teaches:
wherein the temperature control device for temperature-controlling a living being, in particular a human being, comprises: a shell with a first side for the support of a living being, and at least one temperature control element which is arranged within the shell, wherein a heat flow can be generated by means of the at least one temperature control element, wherein the temperature control device comprises at least one heat transfer element arranged within the shell, by means of which the heat flow generated by the at least one temperature control element can be transferred to the first side of the shell in order to warm and/or cool a living being located on the shell (at least [0127] “the pad layer can comprise a heating element so that the foldable apparatus of the present disclosure can keep the living object placed on the pad layer warm. Such heating element can be powered by a heating element similar to that found in electric blankets or smaller electric heating apparatuses, which are well known to those skilled in the art. According to some embodiments, the heating element is powered by one or more batteries. According to other embodiments, the heating element is powered by external power sources”).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GEORGE SUN whose telephone number is (571)270-7221. The examiner can normally be reached M-F 7:00am-4:00pm.
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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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/GEORGE SUN/ Primary Examiner, Art Unit 3673
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