DETAILED ACTION
This action is in response to the amendment filed 11/26/2025. Currently, claims 1-9, 11, 13-20 and 22-24 are pending in the application. Claims 10, 12 and 21 are cancelled by Applicant. Claims 8 and 24 are withdrawn and not examined at this point.
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 Arguments
Applicant’s amendment to claim 1 is sufficient to overcome the previous rejection of claims 1-7, 9, 11 and 13-15 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph. Applicant’s amendment to claim 16 is sufficient to overcome the previous rejection of claims 16-18 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph. Applicant’s amendment to claim 20 is sufficient to overcome the previous rejection of claims 20, 22 and 23 under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph.
Applicant’s amendment to claim 1 is sufficient to overcome the previous rejection of claims 1-7, 9, 11 and 13-15 under 35 U.S.C. 101. Applicant’s amendment to claim 16 is sufficient to overcome the previous rejection of claims 16-18 under 35 U.S.C. 101. Applicant’s amendment to claim 20 is sufficient to overcome the previous rejection of claims 20, 22 and 23 under 35 U.S.C. 101.
Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
In response to Applicant’s argument that Young does not teach the insert arranged along at least pat of the length of the tubular sleeve, the examiner notes that Thigpen (and not Young) is cited in the rejection(s) below to teach this feature.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “the tubular sleeve is adapted to entirely encircle the finger along two finger joints,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: claim 16 recites “the tubular sleeve is adapted to entirely encircle the finger along two finger joints,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: claim 20 recites “the first digit cover is adapted to entirely encircle the finger along two finger joints,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 9, 11 and 13-15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “an elastic insert arranged along at least part of the length of the tubular sleeve.” No support is provided for this claim limitation in Applicant’s disclosure as originally filed. Applicant’s original disclosure does not teach the elastic insert 170 arranged along only part of the length of the tubular sleeve 110, as claimed. Applicant’s original specification not include a discussion of the length of the elastic insert 170. However, it is clear from Applicant’s Figure 1 that the elastic insert 170 extends along the entire length of the tubular sleeve 110. Claims 2-7, 9, 11 and 13-15 depend on claim 1 and therefore, include the same error.
Claims 16-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 16 recites “an elastic insert arranged along at least part of the length of the tubular sleeve.” No support is provided for this claim limitation in Applicant’s disclosure as originally filed. Applicant’s original disclosure does not teach the elastic insert 170 arranged along only part of the length of the tubular sleeve 110, as claimed. Applicant’s original specification not include a discussion of the length of the elastic insert 170. However, it is clear from Applicant’s Figure 1 that the elastic insert 170 extends along the entire length of the tubular sleeve 110. Claims 17 and 18 depend on claim 16 and therefore, include the same error.
Claims 20, 22 and 23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 20 recites “an elastic insert arranged along at least part of the length of the tubular sleeve.” No support is provided for this claim limitation in Applicant’s disclosure as originally filed. Applicant’s original disclosure does not teach the elastic insert 170 arranged along only part of the length of the tubular sleeve 110, as claimed. Applicant’s original specification not include a discussion of the length of the elastic insert 170. However, it is clear from Applicant’s Figure 1 that the elastic insert 170 extends along the entire length of the tubular sleeve 110. Claims 22 and 23 depend on claim 20 and therefore, include the same error.
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 20, 22 and 23 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 20 recites the limitation "the tubular sleeve" in line 17 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 22 and 23 depend on claim 20 and therefore, include the same error.
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 1-4, 9, 11, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349) and further in view of Young (US 8,523,028).
In regards to claims 1, 3 and 4, Thigpen teaches in Figures 1, 2, 4 and 6 a tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6; strips of adhesive tape 6 are shown in Figures 4 and 6 to encircle the user’s finger, forming a tubular structure) for one or more digits (piece of sheet metal 1, lining 4, strips of adhesive tape 6 are shown in Figures 4 and 6 to be positioned on a user’s finger), wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) has an opening (into which the user’s finger is positioned, as shown in Figures 4 and 6) and a length (as shown in Figures 4 and 6) and is closed along (at the portions including solid material) at least part of the length (as shown in Figures 4 and 6), and wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6; strips of adhesive tape 6 are shown in Figures 4 and 6 to encircle the user’s finger, forming a tubular structure) comprises an insert (lining 4) arranged along at least part of the length of (as shown in Figure 2, the lining 4 extends along a large majority of the length of piece of sheet metal 1/lining 4/strips of adhesive tape 6) the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6), wherein the insert (lining 4) permits expansion of the sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) during insertion of a user’s finger (lining 4 is taught to be made “of felt,” which is a compressible and flexible material that is capable of expanding radially outward during placement of a user’s finger thereon), and wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) is adapted to entirely encircle the finger along two finger joints (the strips of adhesive tape 6 are shown in Figures 1, 2, 4 and 6 to entirely encircle the user’s fingers; the strips of adhesive tape 6 are capable of being positioned along two finger joints, depending on the size/position of the anatomy of an individual user); a strap (flat string 5) with a closed loop (Figures 4 and 6 and pages 1-2, lines 99-5 teach the ends of the flat string 5 being “fastened together” to form a closed loop), wherein the closed loop (Figures 4 and 6 and pages 1-2, lines 99-5 teach the ends of the flat string 5 being “fastened together” to form a closed loop) is configured to encircle a palm of the user’s hand between an index finger and a thumb of the user (flat string 5 is capable of being positioned such that it encircles a palm of the user’s hand between an index finger and a thumb of the user) when the therapeutic digit cover (“surgical splint,” taught in page 1, line 1) is worn by the user; at least one guide loop attachment (tapered inner end 3, having holes 7, 8; holes 7, 8 are shown in Figure 2 to have a closed loop structure) coupled to (integral with and therefore, coupled to; see Figures 1, 2, 4 and 6) the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6), the at least one guide loop attachment (tapered inner end 3, having holes 7, 8) has a width (as shown in Figure 2) and is configured to receive (page 2, lines 10-12 teaches “passing the string [5] through any desired pair of a series of pairs of holes 7, 8”) the strap (flat string 5) to hold the strap (flat string 5) in place on the user’s hand (as shown in Figures 4 and 6), and is configured to be positioned only on a posterior side of the user’s hand (as shown in Figures 4 and 6) when the strap (flat string 5) is received through the at least one guide loop attachment (tapered inner end 3, having holes 7, 8).
Thigpen does not teach that the at least one guide loop attachment has a width from 0.1 inches to 2 inches.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the invention to provide that the at least one guide loop attachment has a width from 0.1 inches to 2 inches, since it has been held that where the general condition of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233. One having ordinary skill in the art before the effective filing of the invention would find it obvious that the width of the at least one guide loop attachment could be varied to most comfortably accommodate the anatomy of a specific user.
Thigpen additionally does not teach a thermal pack incorporated in the tubular sleeve, the thermal pack is fully enclosed in the tubular sleeve such that there is no direct contact of the thermal pack with a user’s skin when the therapeutic digit cover is worn by the user; wherein the tubular sleeve has a pocket configured to accept the thermal pack; wherein the pocket is an open pocket; and that the insert is elastic.
However, Logan et al. teaches in Figures 1-4 and column 4, lines 37-52 an analogous device with a thermal pack (packs 50; taught to be heated or cooled to provide temperature regulation) incorporated in the tubular sleeve (glove 12), the thermal pack (50) is fully enclosed (by pocket 30) in the tubular sleeve (glove 12) such that there is no direct contact of the thermal pack (50) with a user’s skin when the therapeutic digit cover (10) is worn by the user; wherein the tubular sleeve (12) has a pocket (30) configured to accept the thermal pack (50); wherein the pocket (30) is an open pocket (pocket 30 is taught to have opening 32 and therefore, is open).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the therapeutic digit cover of Thigpen to include a thermal pack incorporated in the tubular sleeve, the thermal pack is fully enclosed in the tubular sleeve such that there is no direct contact of the thermal pack with a user’s skin when the therapeutic digit cover is worn by the user; wherein the tubular sleeve has a pocket configured to accept the thermal pack; wherein the pocket is an open pocket as taught by Logan et al. because this element is known to provide a user relief from hand and wrist pain due to hand injury, as Logan et al. teaches in columns 2-3, lines 66-2.
Thigpen and Logan et al. do not teach that the insert is elastic.
However, Young teaches in Figure 27 and column 13, lines 20-38 an analogous device wherein the insert (friction insert 804) is elastic (column 13, lines 20-25 teaches “suitable materials for the friction insert 804 include, but are not limited to, elastomers such as a synthetic or natural rubber”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the insert of Thigpen as modified by Logan et al. to be elastic as taught by Young because this element is known to slow down or stop sliding of the tubular sleeve, as Young teaches in column 13, lines 20-38.
In regards to claim 2, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen teaches in Figures 2 and 4 that the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) is conical (Figures 2 and 4 teach the piece of sheet metal 1 and lining 4 having a tapered configuration, resembling the shape of a cone).
In regards to claim 9, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen teaches in Figures 4 and 6 that the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) is configured to accept at least one finger of the hand of the user.
In regards to claim 11, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen teaches in Figures 2 and 4 that the at least one guide loop attachment (tapered inner end 3, having holes 7, 8) is a patch (inasmuch as tapered inner end 3 is structured as a small piece of material) that allows for compression to be administered in specific areas of the user’s hand (inasmuch as the flat string 5 can be tightened to apply compression to an area of the user’s hand by compressing the material of tapered inner end 3 against the user’s hand).
In regards to claim 13, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen teaches in Figures 4 and 6 and pages 1-2, lines 99-3 that the strap (flat string 5) is adjustable (inasmuch as the ends of the flat string 5 can be adjustably fastened together by altering the point along the length of the flat string 5 at which the ends of the flat string 5 are tied together, as shown in Figures 4 and 6).
In regards to claim 15, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen teaches in Figures 4 and 6 and page 1, lines 84-88 that the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) is adapted to extend up to a distal phalanx of the one or more digits (as shown in Figures 4 and 6; further, page 1, lines 84-88 teaches “the splint is of sufficient length to extend from a point adjacent the wrist along the metacarpal bone and finger to a point adjacent the outer end of the finger, preferably slightly beyond the same”).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028) and further in view of Helenick (US 6,141,801).
In regards to claim 5, Thigpen, Logan et al. and Young teach the apparatus of claims 1 and 3. Thigpen, Logan et al. and Young do not teach that the pocket is a stitched closed pocket.
However, Helenick teaches in Figure 5 and column 8, lines 60-65 an analogous device in which the pocket (98) is a stitched closed pocket (taught to “have a closed circumferential margin 104…this margin defined…by stitching 90”).
It would have been obvious to one having ordinary skill in the art before the effective filing of invention to modify the pocket of Thigpen as modified by Logan et al. and Young to be a stitched closed pocket as taught by Helenick because this element is known to better hold the thermal pack in position, as Helenick teaches in column 9, lines 14-18.
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028) and further in view of Coleman et al. (US 2006/0101558).
In regards to claim 6, Thigpen, Logan et al. and Young teach the apparatus of claims 1 and 3. Thigpen, Logan et al. and Young do not teach that the pocket is a different color than a color of the therapeutic digit cover.
However, Coleman et al. teaches in [0027] an analogous device in which the pocket is a different color than (“pocket of a different color than”) a color of the cover (brief panel).
It would have been obvious to one have ordinary skill in the art before the effective filing of invention to modify the pocket of Thigpen as modified by Logan et al. and Young such that the pocket is a different color than a color of the cover as taught by Coleman et al. because this element is known to enable a user to readily identify the location of the mouth of the pocket in use, as Coleman et al. teaches in [0027].
Claim 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028) and further in view of Wilson et al. (US 2006/0004427).
In regards to claim 7, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen, Logan et al. and Young do not teach that the thermal pack comprises one or more of: gel, flax seed, rice, and corn.
However, Wilson et al. teaches in [0006] an analogous device wherein the thermal pack (“temperature-retaining gel-filled thermal packs”) comprises one or more of: gel, flax seed, rice, and corn.
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the thermal pack of Thigpen as modified by Logan et al. and Young to comprise one or more of: gel, flax seed, rice, and corn as taught by Wilson et al. because this element is known to remain cold for a longer period of time than ice, and remain viscous at low temperatures, which allows it to more comfortably conform to the contours of an injured limb, as Wilson et al. teaches in [0006].
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028) and further in view of Krenzel (US 9,827,133).
In regards to claim 14, Thigpen, Logan et al. and Young teach the apparatus of claim 1. Thigpen, Logan et al. and Young do not teach that the strap includes a ladder lock buckle for adjustment of the strap.
However, Krenzel teaches in Figure 1 an analogous device in which the strap (adjustable restraint 39) includes a ladder lock buckle (shown positioned on the adjustable restraint 39 in Figure 1) for adjustment of the strap (39).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the strap of Thigpen as modified by Logan et al. and Young to include a ladder lock buckle for adjustment of the strap as taught by Krenzel because this element is known in the art to be an alternate modality for providing adjustable securement of a strap, as Krenzel teaches in column 9, lines 37-40.
Claims 16, 18 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028) and further in view of Thibodo, Jr. (US 6,561,995).
In regards to claim 16, Thigpen teaches in Figures 1, 2, 4 and 6 and page 2, lines 45-48 positioning a therapeutic digit cover (piece of sheet metal 1, lining 4, strips of adhesive tape 6) comprising a tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6; strips of adhesive tape 6 are shown in Figures 4 and 6 to encircle the user’s finger, forming a tubular structure) to cover at least one digit (page 1, lines 84-88 teaches “the splint is of sufficient length to extend from a point adjacent the wrist along the metacarpal bone and finger to a point adjacent the outer end of the finger, preferably slightly beyond the same”), wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) has an opening (into which the user’s finger is positioned, as shown in Figures 4 and 6) and is closed along (at the portions including solid material) at least part of its length (as shown in Figures 4 and 6), and wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6; strips of adhesive tape 6 are shown in Figures 4 and 6 to encircle the user’s finger, forming a tubular structure) comprises an insert (lining 4) arranged along at least part of the length of (as shown in Figure 2, the lining 4 extends along a large majority of the length of piece of sheet metal 1/lining 4/strips of adhesive tape 6) the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6), wherein the insert (lining 4) permits expansion of the sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) during insertion of a user’s finger (lining 4 is taught to be made “of felt,” which is a compressible and flexible material that is capable of expanding radially outward during placement of a user’s finger thereon), and wherein the tubular sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6; strips of adhesive tape 6 are shown in Figures 4 and 6 to encircle the user’s finger, forming a tubular structure) is adapted to entirely encircle the finger along two finger joints (the strips of adhesive tape 6 are shown in Figures 1, 2, 4 and 6 to entirely encircle the user’s fingers; the strips of adhesive tape 6 are capable of being positioned along two finger joints, depending on the size/position of the anatomy of an individual user); the therapeutic digit cover (piece of sheet metal 1, lining 4, strips of adhesive tape 6) comprising at least one guide loop attachment (tapered inner end 3, having holes 7, 8; holes 7, 8 are shown in Figure 2 to have a closed loop structure); securing (pages 1-2, lines 99-12 teaches “a flat string 5 or equivalent flexible element of suitable length is provided at the inner end of the splint in ready position to be passed around the wrist and its free ends fastened together for anchoring the inner end of the splint thereto, strips of adhesive tape 6 being preferably used for carrying the splint to the finger at the places desired” and “the string 5 may be of absorbent material and is preferably slidably connected to the inner end of the splint, as, for instance, by passing the string through any desired pair of a, series of pairs of holes 7, 8”) the therapeutic digit cover (piece of sheet metal 1, lining 4, strips of adhesive tape 6) with a strap (flat string 5) placed through the at least one guide loop attachment (tapered inner end 3, having holes 7, 8), the at least one guide loop attachment (tapered inner end 3, having holes 7, 8) configured to be positioned only on a posterior side of the user’s hand (as shown in Figures 4 and 6) when the strap (flat string 5) is placed through the at least one guide loop attachment (tapered inner end 3, having holes 7, 8) and wherein the strap (flat string 5) is a closed loop (Figures 4 and 6 and pages 1-2, lines 99-5 teach the ends of the flat string 5 being “fastened together” to form a closed loop); adjusting the strap (flat string 5) to apply pressure to a desired portion of the therapeutic digit cover (page 2, lines 45-48 teaches “readjustment and range of “play” may be secured by the loosening and tightening of the string [5] around the wrist;” tightening of the flat string 5 will apply compressing the material of tapered inner end 3 against the user’s hand).
Thigpen does not teach chilling or heating a thermal pack; and placing the thermal pack into the opening; and that the strap is a closed loop that encircles a palm of a hand between an index finger and a thumb of the user; and the insert being elastic.
However, Logan et al. teaches in column 4, lines 47-52 an analogous method that includes chilling (“placed in the refrigerator to be cooled”) or heating (“placed in…a microwave to be heated”) a thermal pack (pack 50 of temperature-retentive material); and placing (column 4, lines 37-38 teaches removably inserting first pack 50 into the opening 32, 38 in one of the pockets 30, 36) the thermal pack (50) into the opening (32, 38).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Thigpen to include chilling or heating a thermal pack; placing the thermal pack into the opening as taught by Logan et al. because this step is known to prepare the device to provide a user relief from hand and wrist pain due to hand injury, as Logan et al. teaches in columns 2-3, lines 66-2.
Thigpen and Logan et al. do not teach that the insert is elastic.
However, Young teaches in Figure 27 and column 13, lines 20-38 an analogous method wherein the insert (friction insert 804) is elastic (column 13, lines 20-25 teaches “suitable materials for the friction insert 804 include, but are not limited to, elastomers such as a synthetic or natural rubber”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Thigpen as modified by Logan et al. to include the insert being elastic as taught by Young because this element is known to slow down or stop sliding of the tubular sleeve, as Young teaches in column 13, lines 20-38.
Thigpen, Logan et al. and Young do not teach the strap is a closed loop that encircles a palm of a hand between an index finger and a thumb of the user.
However, Thibodo, Jr. teaches in Figure 2 an analogous method wherein the strap (strip 30) is a closed loop that encircles a palm of a hand between an index finger and a thumb of the user (as shown in Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Thigpen as modified by Logan et al. and Young to include that the strap is a closed loop that encircles a palm of a hand between an index finger and a thumb of the user as taught by Thibodo, Jr. because this step is known to be an alternate method of “firmly attaching” the therapeutic digit cover to the hand, as Thibodo, Jr. teaches in column 7, lines 59-62.
In regards to claim 18, Thigpen, Logan et al., Young and Thibodo, Jr. teach the method of claim 16. Thigpen teaches in pages 1-2, lines 99-12 and page 2, lines 45-48 that adjusting the strap (flat string 5) includes looping the strap (flat string 5) through one or more guide loop attachments (tapered inner end 3, having holes 7, 8) to hold the strap (flat string 5) in place (pages 1-2, lines 99-12 teaches “a flat string 5 or equivalent flexible element of suitable length is provided at the inner end of the splint in ready position to be passed around the wrist and its free ends fastened together for anchoring the inner end of the splint thereto, strips of adhesive tape 6 being preferably used for carrying the splint to the finger at the places desired” and “the string 5 may be of absorbent material and is preferably slidably connected to the inner end of the splint, as, for instance, by passing the string through any desired pair of a, series of pairs of holes 7, 8;” page 2, lines 45-48 teaches “readjustment and range of “play” may be secured by the loosening and tightening of the string [5] around the wrist”).
In regards to claim 19, Thigpen, Logan et al., Young and Thibodo, Jr. teach the method of claim 16. Thigpen teaches in Figure 7 and page 2, line 44 the therapeutic digit cover (piece of sheet metal 1, lining 4, strips of adhesive tape 6) is a first therapeutic digit cover, the method further comprising positioning a second therapeutic digit cover (piece of sheet metal 1, lining 4, strips of adhesive tape 6) on the hand of the user (page 2, line 44 teaches that “a plurality of splints may be used,” as shown in Figure 7).
Claim 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Logan et al. (US 6,505,349), in view of Young (US 8,523,028), in view of Thibodo, Jr. (US 6,561,995) and further in view of Krenzel (US 9,827,133).
In regards to claim 17, Thigpen, Logan et al., Young and Thibodo, Jr. teach the method of claim 16. Thigpen teaches in page 2, lines 45-48 that adjusting (page 2, lines 45-48 teaches “readjustment and range of “play” may be secured by the loosening and tightening of the string [5] around the wrist”) the strap (flat string 5) includes tightening and loosening the strap (flat string 5).
Thigpen, Logan et al., Young and Thibodo, Jr. do not teach that adjusting the strap includes utilizing a ladder lock buckle fastener.
However, Krenzel teaches in Figure 1 and column 9, lines 37-40 an analogous method wherein adjusting the strap (strap 42) includes utilizing a ladder lock buckle fastener (adjustable ladder loc 70).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the method of Thigpen as modified by Logan et al., Young and Thibodo, Jr. to include that that adjusting the strap includes utilizing a ladder lock buckle fastener as taught by Krenzel because this is known in the art to be an alternate modality for providing adjustable securement of a strap, as Krenzel teaches in column 9, lines 37-40.
Claims 20, 22 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thigpen (US 1,837,691), in view of Krenzel (US 9,827,133) and further in view of Young (US 8,523,028).
In regards to claim 20, Thigpen teaches in Figure 7 a first digit cover (first piece of sheet metal 1/lining 4/strips of adhesive tape 6) having a distal end (outer end 2 of first piece of sheet metal 1/lining 4/strips of adhesive tape 6) and a proximal end (inner end 3 of first piece of sheet metal 1/lining 4/strips of adhesive tape 6), the proximal end (inner end 3 of first piece of sheet metal 1/lining 4/strips of adhesive tape 6) comprising a first guide loop attachment (first tapered inner end 3, having holes 7, 8; holes 7, 8 are shown in Figure 2 to have a closed loop structure); a second digit cover (second piece of sheet metal 1/lining 4/strips of adhesive tape 6) having a distal end (outer end 2 of second piece of sheet metal 1/lining 4/strips of adhesive tape 6) and a proximal end (inner end 3 of second piece of sheet metal 1/lining 4/strips of adhesive tape 6), the proximal end (inner end 3 of second piece of sheet metal 1/lining 4/strips of adhesive tape 6) comprising a second guide loop attachment (second tapered inner end 3, having holes 7, 8; holes 7, 8 are shown in Figure 2 to have a closed loop structure); a strap (flat string 5) configured to form a closed loop (Figure 7 and pages 1-2, lines 99-5 teach the ends of the flat string 5 being “fastened together” to form a closed loop), wherein the closed loop (Figure 7 and pages 1-2, lines 99-5 teach the ends of the flat string 5 being “fastened together” to form a closed loop) is configured to encircle the palm of a hand of a user between an index finger and thumb of the user (flat string 5 is capable of being positioned such that it encircles a palm of the user’s hand between an index finger and a thumb of the user); wherein the strap (flat string 5) is selectively insertable through (as shown in Figure 7; page 2, lines 10-12 teaches “passing the string [5] through any desired pair of a series of pairs of holes 7, 8;” page 2, line 44 teaches “a plurality of splints may be used”) one or both of the first guide loop attachment (first tapered inner end 3, having holes 7, 8) and second guide loop attachment (second tapered inner end 3, having holes 7, 8), and wherein the first digit cover (first piece of sheet metal 1/lining 4/strips of adhesive tape 6) is independent of the second digit cover (second piece of sheet metal 1/lining 4/strips of adhesive tape 6) such that the first digit cover (first piece of sheet metal 1/lining 4/strips of adhesive tape 6) is removable from the strap (flat string 5) independently of the second digit cover (second piece of sheet metal 1/lining 4/strips of adhesive tape 6) for customizing a number of digits covered; wherein the first guide loop attachment (first tapered inner end 3, having holes 7, 8) and second guide loop attachment (second tapered inner end 3, having holes 7, 8) are configured to be positioned only on a posterior side of the user’s hand (as shown in Figure 7) when the strap (flat string 5) is inserted through one or both of the first guide loop attachment (first tapered inner end 3, having holes 7, 8) and second guide loop attachment (second tapered inner end 3, having holes 7, 8); and wherein the first digit cover (first piece of sheet metal 1/lining 4/strips of adhesive tape 6) comprises an insert (lining 4) arranged along at least part of the length of (as shown in Figure 2, the lining 4 extends along a large majority of the length of first piece of sheet metal 1/lining 4/strips of adhesive tape 6) the tubular sleeve (first piece of sheet metal 1/lining 4/strips of adhesive tape 6), wherein the insert (lining 4) permits expansion of the sleeve (piece of sheet metal 1, lining 4, strips of adhesive tape 6) during insertion of a user’s finger (lining 4 is taught to be made “of felt,” which is a compressible and flexible material that is capable of expanding radially outward during placement of a user’s finger thereon), and wherein the first digit cover (first piece of sheet metal 1/lining 4/strips of adhesive tape 6) is adapted to entirely encircle the finger along two finger joints (the strips of adhesive tape 6 are shown in Figure 7 to entirely encircle the user’s finger; the strips of adhesive tape 6 are capable of being positioned along two finger joints, depending on the size/position of the anatomy of an individual user).
Thigpen does not teach that the strap comprises a ladder lock buckle fastener; and the insert being elastic.
However, Krenzel teaches in Figure 1 and column 9, lines 37-40 an analogous device in which the strap comprises a ladder lock buckle fastener.
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the strap of Thigpen to include ladder lock buckle fastener as taught by Krenzel because this element is known in the art to be an alternate modality for providing adjustable securement of a strap, as Krenzel teaches in column 9, lines 37-40.
Thigpen and Krenzel do not teach the insert being elastic.
However, Young teaches in Figure 27 and column 13, lines 20-38 an analogous device wherein the insert (friction insert 804) is elastic (column 13, lines 20-25 teaches “suitable materials for the friction insert 804 include, but are not limited to, elastomers such as a synthetic or natural rubber”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the invention to modify the insert of Thigpen as modified by Krenzel to be elastic as taught by Young because this element is known to slow down or stop sliding of the tubular sleeve, as Young teaches in column 13, lines 20-38.
In regards to claims 22 and 23, Thigpen, Krenzel and Young teach the apparatus of claim 20. Thigpen teaches in page 2, line 44 that “a plurality of splints may be used” and teaches two such splints in Figure 7. Thigpen does not explicitly teach the plurality including identical third and fourth digit covers.
However, it would have been obvious to one having ordinary skill in the art before the effective filing of the invention to provide third and fourth digit covers as recited in claims 22 and 23, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One having ordinary skill in the art before the effective filing of the invention would find it obvious the providing third and fourth digit covers would enable third and fourth fingers to be supported, protected and immobilized as needed.
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.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 12/30/2025