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 .
DETAILED ACTION
1. This office action is in response to the amendment filed on 2/20/2025. As directed by the amendment, claims 1 and 3 have been amended, claims 6-9, 11, and 14-17 have been canceled, and claim 20 has been added. Thus, claims 1-5, 10, 12-13, and 18-20 are pending in the application.
Claim Interpretation- 35 USC § 112 – Sixth Paragraph/35 USC § 112(f)
2. The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
At present, no claims are interpreted under 35 USC 112(f).
Claim Rejections - 35 USC § 103
3. 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 of this title, 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.
4. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
5. Claims 1, 3-5, 10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over West (2004/0230150) in view of Ferrati (5,961,541) and Swan et al (4,256,098).
Regarding claim 1, West discloses a dynamic harness for providing selectively changeable support to a patient for locomotor training (Fig. 1 depicts a patient P wearing a harness in support of locomotor training. The harness provides numerous points of adjustment (e.g. strap tightening and loosening) that provides for “selectively changeable support.” [0002] discloses the harness used for rehabilitation and physical therapy purposes. See annotated Figs. 1-2 below for convenience), comprising: a bottom strap configured for providing pelvic support to the patient (Figs. 1-2, groin straps 19 are “bottom straps” that provide pelvic support); a pelvic band configured for providing waist support to the patient (Figs. 1-2, torso support portion 10 provides waist support), wherein the bottom strap is releasably connected to the pelvic band (Annotated Fig. 1 highlights the releasable connections (i.e. buckles) between the groin straps 19 and the torso portion 10); a plurality of lifting straps (Fig. 1, straps 62 are lifting straps), each of the plurality of lifting straps connected at a first end to the pelvic band (Fig. 1, straps 62 connect at their bottom ends to the torso portion 10), each of the plurality of straps having a second end configured to connect to an external support positioned above the patient (Fig. 1, the upper end of straps 62 are “configured” to connect to an external support above the patient, as the suspension strap means 60 will connect to some external support), each of the plurality of lifting straps is a single continuous strap (Fig. 1, straps 62 are single continuous straps), and wherein the plurality of lifting straps are manipulatable to provide partial weight support to the patient when the second ends of the plurality of lifting straps are connected to the external support (Fig. 1, straps 62 would provide weight support when connected to the non-depicted external support via the suspension strap means 60).
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West does not disclose: (1) each of the plurality of lifting straps extending above the patient’s head, or (2) each of the plurality of lifting straps having a respective releasable attachment surface of a first attachment element; and an upper body support system an upper body support system configured for guiding the upper torso of the patient during the locomotor training, wherein the upper body support system comprises an adjustable upper trunk support above the pelvic band, configured for maintaining the upper trunk of the patient in a correct posture during the locomotor training, wherein the adjustable upper trunk support comprises a plurality of circumferential torso bands, wherein each of the circumferential torso bands has a respective releasable attachment surface of a second attachment element, each of the circumferential torso bands is configured to extend circumferentially around the upper trunk of the patient, while releasably attached to the plurality of lifting straps in an attachment state comprising respective areas of the releasable attachment surface of the second attachment element being against and releasably attached to respective areas of the releasable attachment surfaces of each of the lifting straps, and the first attachment element is one among a hook attachment material and a loop attachment material, and the second attachment element is the other among the hook attachment material and the loop attachment material, the hook attachment material and the loop attachment material being configured to provide releasable hook and loop mutual attachment to one another.
However, Ferrati teaches a rehabilitating device comprising a plurality of lifting straps each comprising a single continuous strap (Fig. 5, suspenders U are continuous straps that support the patient undergoing rehabilitation) wherein each of the lifting straps extend above the patient’s head (Fig. 5 depicts the suspenders U as attaching to an external support above the patient’s head. See annotated Fig. 5 below for convenience).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the straps of West to continue on above the head of the patient and directly connect to an external support as taught by Ferrati. Such a configuration simplifies the connection between the support straps and the external support and could help prevent complications such as twisting, tangling, or malfunctioning connections between the support straps and the external support.
The modified harness of West does not have each of the plurality of lifting straps having a respective releasable attachment surface of a first attachment element; and an upper body support system an upper body support system configured for guiding the upper torso of the patient during the locomotor training, wherein the upper body support system comprises an adjustable upper trunk support above the pelvic band, configured for maintaining the upper trunk of the patient in a correct posture during the locomotor training, wherein the adjustable upper trunk support comprises a plurality of circumferential torso bands, wherein each of the circumferential torso bands has a respective releasable attachment surface of a second attachment element, each of the circumferential torso bands is configured to extend circumferentially around the upper trunk of the patient, while releasably attached to the plurality of lifting straps in an attachment state comprising respective areas of the releasable attachment surface of the second attachment element being against and releasably attached to respective areas of the releasable attachment surfaces of each of the lifting straps, and the first attachment element is one among a hook attachment material and a loop attachment material, and the second attachment element is the other among the hook attachment material and the loop attachment material, the hook attachment material and the loop attachment material being configured to provide releasable hook and loop mutual attachment to one another.
However, Swan teaches a dynamic harness comprising a pelvic band (Figs. 6-7, lowest horizontal band 93 is a “pelvic band”), a plurality of lifting straps connected to the pelvic band (Figs. 6-7, vertical straps 92), each of the lifting straps having a respective releasable attachment surface of a first attachment element (Col. 6, ln. 21-25, discloses that straps 92 and 93 can be used without a garment, wherein the straps 92 and 93 attach to one another via Velcro tape closures. Use of Velcro tape closures would require either a hook attachment element or a loop attachment element to be fixed upon vertical straps 92 for a connection to the other of a hook or loop attachment element fixed upon horizontal straps 93), and an upper body support system configured for guiding the upper torso of a patient during locomotion training (Figs. 6-7, the upper two horizontal bands 93 form an “upper body support system.” See annotated Figs. 6-7 below for convenience). The upper body support system comprises an adjustable upper trunk support above the pelvic band (Figs. 6-7, the upper two horizontal straps 93 are located above the lower horizontal strap 93), configured to maintaining a correct posture during the locomotor training (Figs. 6-7, the upper two horizontal straps 93 and their connection to vertical straps 92 would help maintain correct posture), wherein the adjustable upper trunk support comprises a plurality of circumferential torso bands (Figs. 6-7, the upper two horizontal straps 93 are “circumferential torso bands”), wherein each of the circumferential torso bands has a respective releasable attachment surface of second attachment element (Col. 6, ln. 21-25, discloses that straps 92 and 93 can be used without a garment, wherein the straps 92 and 93 attach to one another via Velcro tape closures. Use of Velcro tape closures would require either a hook attachment element or a loop attachment element to be fixed upon vertical straps 92 for a connection to the other of a hook or loop attachment element fixed upon horizontal straps 93), each of the circumferential torso bands is configured to extend circumferentially around the upper trunk of the patient (Figs. 6-7, horizontal bands 93 extend around the upper trunk of the patient), while releasably attached to the plurality of lifting straps in an attachment state comprising respective areas of the releasable attachment surface of the second attachment element being against and releasably attached to respective areas of the releasable attachment surfaces of each of the lifting straps, and the first attachment element is one among a hook attachment material and a loop attachment material, and the second attachment element is the other among the hook attachment material and the loop attachment material, the hook attachment material and the loop attachment material being configured to provide releasable hook and loop mutual attachment to one another (Col. 6, ln. 21-25, discloses that straps 92 and 93 can be used without a garment, wherein the straps 92 and 93 attach to one another via Velcro tape closures. Use of Velcro tape closures would require either a hook attachment element or a loop attachment element to be fixed upon vertical straps 92 for a connection to the other of a hook or loop attachment element fixed upon horizontal straps 93).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to design the modified harness of West to include an additional two circumferential torso bands straps (i.e. “an upper body support system”) that attach to the lifting straps via Velcro tape as taught by Swan. The additional support bands would further assist the patient in maintaining upright while performing their rehabilitation therapy.
Regarding claim 3, the modified harness of West has the bottom strap comprising at least one leg strap having a front end and a rear end (West, Figs. 1-2, second end 105 is a front end and first end 101 is a rear end), the rear end fixed and not releasably connected to the pelvic band (West, Fig. 2 rear end 101 is fixed to the torso support portion 10) and the front end releasably connected to the pelvic band through a buckle (West, Fig. 1, front end 105 is releasably connected to the torso support portion 10 via buckles), and wherein the front end of the at least one leg strap is adjustable to tighten the bottom strap (Fig. 1 depicts the front end 105 as adjustably threaded through the buckle).
Regarding claim 4, the modified harness of West has the bottom strap further comprising a soft padding releasably wrapped around the at least one leg strap (West, Figs. 1-2, padding member 107 would be “soft” due to is “padding” feature. [0030] discloses that the padding member 107 is “moveably” secured to the groin strap 19, implying that it could be removed from the groin strap by being slipped off of the groin strap 19).
Regarding claim 5, the modified harness of West has the pelvic band comprising a first end and a second end connected to each other through a middle buckle (West, Annotated Fig. 1 above highlights a first end 16A and a second end 16B that removably connect to one another via buckle 53 and its mating component 51. Fig. 3B depicts this configuration in greater detail), wherein a distance between the first end and the second end of the pelvic band is adjustable to tighten the pelvic band (West, [0025] discloses tightening the harness (i.e. decreasing the distance between the two ends of the pelvic band) via this connection).
Regarding claim 10, the modified harness of West has the pelvic band in a form of a belt and a length of the pelvic band is adjustable laterally (West, Figs. 1-2, support band 10 is a “belt” and has the tightening strap portions 32 and 34 (West, Fig. 3B) as adjustable in length. When in a flat position on a support surface, the strap portions 32 and 34 would be adjustable laterally, which in turn adjusts the length of the entire support band 10).
Regarding claim 12, the modified harness of West has the bottom strap and the pelvic band formed as one piece (West, [0030], discloses that the groin straps 19 have plates 103 that are fixed to the rear panel 11 and the torso support panel 10 via a nut and bolt assembly to form the groin straps 19 and the support panel 10 as “one piece.” It is noted that this claim is treated as a “product-by-process” claim, whereby the determination of patentability is based on the product itself and no the method of production (e.g. “forming”). See MPEP 2113).
Regarding claim 13, the modified harness of West is a dynamic method for locomotor training of a patient, comprising attaching the dynamic harness of claim 1 to the patient (The modified harness of West would be attaches to the patient), configured with a starting arrangement of the circumferential torso bands, including at least one of the circumferential torso bands, guiding the patient through standing and stepping activities for locomotor training, wherein the dynamic harness with the starting arrangement provides support during the standing and stepping activities (Swan, Figs. 6-7, depict the user having an upper two circumferential torso bands 93. This would be the initial configuration in the modified method of West during locomotion training, which would include standing and stepping activities), configuring the dynamic harness with a changed arrangement of the circumferential torso bands, and guiding the patient through additional standing and stepping activities for locomotor training, with the changed arrangement dynamic harness providing changed support during the additional standing and stepping activities (Swan, col. 6, ln. 21-25, disclose that the horizontal straps 93 are connected to the vertical straps 92 via Velcro, whereby it would be obvious to either remove a horizontal strap or add a horizontal strap 93 as needed for support of the patient. The removal or addition of a horizontal strap 93 would result in a “changed arrangement” of the circumferential torso bands).
6. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over West in view of Swan and Ferrati, as applied to claim 1 above, and further in view of Story (2009/0178194).
Regarding claim 2, the modified harness of West does not have a plurality of handles provided to the pelvic band, configured for a trainer to grasp and guide the hips of the patient into the harness.
However, Story teaches a pelvic band having two handles that assist a user in guiding the patient (Fig. 2, handles 32; see [0030]).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the pelvic band of the modified harness of West to have two handles as taught by Story to help the assistant in guiding the patient during therapy.
7. Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over West in view of Swan and Ferrati, as applied to claim 1 above, and further in view of Taigen (4,964,401).
Regarding claims 18-19, the modified harness of West does not have the circumferential torso bands comprising flexible plates that comprise a plastic material.
However, Taigen teaches that a circumferential torso band (defined by belt body 10, see fig. 1) comprises a respective flexible plate 22 (see fig. 4), where the flexible plate 22 comprises a plastic material (the plate 22 is made of plastic material, see lines 27-30 of col. 3, where the circumferential torso band 10 is wrapped around the abdomen of the torso of the patient, see the abstract; as the applicant’s circumferential torso band is recited as being made of a plastic material, see lines 3-4 of para. [0039] of the applicant’s specification, and is shown to be flexible due to the circumferential torso band being wrapped around the torso of the patient, see fig. 2 of the applicant’s drawings, Taigen’s plastic plate 22 is considered to be a flexible plate).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided each of the circumferential torso bands of the modified harness of West with a flexible plate comprising a plastic material, as taught by Taigen, for the purpose of providing additional support to the torso of the patient during locomotor training, see lines 49-52 of col. 1 of Taigen.
8. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over West in view of Swan and Ferrati, as applied to claim 1 above, and further in view of Thompson et al (4,303,041) and Cook (2002/0032103).
Regarding claim 20, the modified harness of West does not have (1) an adjustable shoulder strap configured to maintaining the shoulders of the patient in a correct posture during the locomotor training that is located above the adjustable upper trunk support or (2) a front plate below the adjustable upper trunk support and between two adjacent front lifting straps of the plurality of lifting straps.
However, Thompson teaches a supportive body harness system for assisting a patient in walking (Figs. 1-5) comprising an adjustable shoulder strap that assists a user in keeping a correct posture during therapy (Figs. 1-5 depicts a shoulder strap that can be adjusted at adjustment 42 and adjustment 44).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the modified harness of West to additionally have an adjustable shoulder strap above the upper trunk support as taught by Thompson to provide additional should support during therapy.
Additionally, Cook teaches a supportive body harness system for assisting a patient in walking (Fig. 1) comprising lifting straps (Fig. 1, straps 60 and 62), wherein a front plate extends between the lifting straps and provides structural support to the lifting straps (Fig. 1, chest straps 68 and 74 form a “front plate” between the lifting straps 60 and 62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to design the modified harness of West to have a front plate running between the front lifting straps as taught by Cook to provide additional structural support to the straps.
Response to Arguments
9. Applicant’s arguments filed 2/20/2025 have been considered, but are moot in view of the new grounds of rejection presented in this office action.
Conclusion
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY A STANIS whose telephone number is (571)272-5139. The examiner can normally be reached on Mon - Fri 8:30-5:00.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justine Yu can be reached on 571-272-4835. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY A STANIS/Primary Examiner, Art Unit 3785
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