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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 11, 2025, has been entered.
Response to Amendment
Applicant’s amendments to claims 1 and 11 and the addition of claim 15 in the response filed April 11, 2025, are acknowledged by the Examiner.
Claims 1-6, 8, and 10-15 are pending in the current action.
Response to Arguments
In response to “Rejections under 35 U.S.C. 103”
With respect to claim 1, Applicant argues that Rennhofer does not meet each limitation of the amended claim. As necessitated by the amendments, new grounds of rejection have been made.
With respect to claim 11, Applicant argues that Rennhofer does not meet each limitation of the amended claim. As necessitated by the amendments, new grounds of rejection have been made.
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 1-15 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.
Claims 1 and 11 each now require “routing the tether in a parallel arrangement between the respective opposed first and second routing members” which is not supported by the Specifications nor is it clearly shown in the Drawings. Parallel is a specific arrangement requiring extending in the same direction, everywhere equidistant, and not meeting. Merriam-Webster. While the tether in the Drawings appears generally parallel, the Drawings are not to scale and parallel is not supported by the Specifications so the Drawings alone cannot be used to support the limitation. See Hockerson-Halberstadt, Inc. v. Avia Group Int’l, 222 F.3d 951, 956, 55 USPQ2d 1487, 1491 (Fed. Cir. 2000).
Claims 2-10 and 14-15 are rejected based on their dependency to a rejected claim above.
Claim 15 requires the claimed embodiment (instant application Fig 13) to have a pulley system. The pulley system, however, is only disclosed with the other embodiment of the instant application, the embodiment of Fig 1A-12. The pulley system is not detailed nor combinable with the embodiments of Fig 13 and claims 1-14 because the pulley system detailed in the Specifications is in conjunction a locking system which is different than the locking system claimed in claims 1 and 11 (instant application [0038]-[0041]).
Claim Rejections - 35 USC § 112
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 1-15 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.
Claims 1 and 11 require the continuous elongated band to define a continuous perimeter around the subject. A perimeter requires a continuous line forming the boundary of a closed geometric figure. Merriam-Webster. In the instant application, as shown in Fig 13, the perimeter is created by the elongated band, the first base, the second base, and the tether in combination. It is therefore unclear how the continuous elongated band defines a continuous perimeter (a closed system) when it is only part of the perimeter created by the assembly of elements. For the sake of compact prosecution, Examiner will interpret the band to comprise the a continuous perimeter.
Claims 2-10 and 14-15 are rejected based on their dependency to a rejected claim above.
Claim 4 introduces “a tether” but a tether was introduced in claim 1, so it is unclear if the claim refers to the same tether or intends to introduce a new one. For the sake of compact prosecution, Examiner will interpret the tethers as the same.
Claim 6 introduces an elastic member as the elongated member, but claim 1 has already introduced the elements defining the elongated member. It is unclear if there is another member or if the claim intends to define the tether as elastic. For the sake of compact prosecution, Examiner will interpret the claim to further limit the tether.
Claim 8 introduces an looped tether as the elongated member, but claim 1 has already introduced the elements defining the elongated member. It is unclear if there is another tether or if the claim intends to define the tether as looped. For the sake of compact prosecution, Examiner will interpret the claim to further limit the tether.
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 1-5, 8, 10, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Heinz (US 2002/0148461) in view of Heyman et al (US 2001/0034498) in view of Maslow (US 4458373).
With respect to claim 1, Heinz discloses An orthotic device configured to limit expansion of a subject's chest (Fig 1, device would limit chest expansion), comprising: a continuous elongated band which wraps, during use, around a chest of a subject comprising a first end and a second end (Fig 1, continuous band 12 with ends 14a, 14b); a first base attached to the first end of the continuous elongated band (Fig 1, first base 22a); a second base attached to the second end of the elongated band, the continuous elongated band defining a continuous perimeter around the subject (Fig 1, second base 22b); and a band contraction assembly comprising: a first routing member coupled to the first base (Fig 1, routing members 26 on the first base 22a); a second routing member coupled to the second base, the first base opposed from the second base (Fig 1, routing members 26 on the second base 22b); an elongated member defined by a tether coupling the first routing member to the second routing member (Fig 1, tether 28) forming a continuous loop with the continuous elongated band by routing the tether in a parallel arrangement between the respective opposed first and second routing members (Fig 2, [0039]) such that by applying, during use, a tensioning force to the elongated member for drawing the tether for decreasing, a distance between the first and the second routing members resulting from contracting the continuous elongated band by reducing the defined perimeter ([0026]).
Heinz is silent on at least one support member extending between two attachment points on the continuous elongated band and adapted for maintaining the continuous elongated band at a predetermined chest position of a subject; and a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing, the locking member including a spring-biased friction element adapted to engage the elongated member, via movement perpendicular to the elongated member, in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member.
Heyman et al teaches an analogous chest compression system further having on at least one support member extending between two attachment points on the continuous elongated band and adapted for maintaining the continuous elongated band at a predetermined chest position of a subject (Fig 1, supports 18a and 18b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Heinz with the addition of the optional supports as taught by Hayman in order to better retain the system in place (Heyman et al [0021]).
Heinz/Heyman et al is silent on a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing, the locking member including a spring-biased friction element adapted to engage the elongated member, via movement perpendicular to the elongated member, in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member.
Maslow teaches an analogous cable system for an wearable device (Fig 1) having a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing (Fig 1, locking member 4), the locking member including a spring-biased friction element adapted to engage the elongated member, via movement perpendicular to the elongated member, in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member (Fig 1, movement of element 21 is perpendicular to the holes 25/26 where cord 2 passes through).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 2, Heinz/Heyman et al/Maslow discloses The device of claim 1 further comprising an actuator attached to the elongated member and adapted to reduce the distance between the first and second routing members by drawing the elongated member in a direction different than a direction traveled by the approaching routing members as the distance between the routing members decreases (Maslow Fig 5, looped end 5 of the elongated member 2 is an actuator the user may use to pull the elongated member and thus reduce the distance between the routing members 3, actuator may be drawn in almost any direction to provide the pulling force).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 3, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the force to the elongated member away from the routing members is defined by a force in a direction perpendicular to a direction of travel of the approaching routing members as the distance decreases (Maslow Fig 1, looped end 5 of the elongated member 2 is an actuator the user may use to pull the elongated member and thus reduce the distance between the routing members 3, actuator may be drawn in almost any direction to provide the pulling force).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 4, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the elongated member is a tether adapted to draw the first and second routing members together in response to the force drawing the elongated member away from the routing members (Heinz col 4, Fig 1, string 28 acts as a tether and pulling of it in any direction would draw the routing members together).
With respect to claim 5, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the locking mechanism is adapted to secure the elongated member relative to the routing members for preventing expansion of the defined perimeter (Maslow Fig 1, locking mechanism prevents expansion of the routing members).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 8, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the elongated member is a looped tether (Maslow Fig 1, looped tether 2) having two ends extending through the locking member and the routing members, the locking member adapted for securing both ends of the looped tether (Maslow col 2 ll 30-40, ends 2L/2R through locking member 4), the locking member adapted for securing both ends of the looped tether (Maslow col 2 ll 30-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 10, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the locking member includes: a channel and a cross channel (Maslow Fig 2, channel 25 and cross channel 23), each of the channel and the cross channel defining a void defined by interior walls (Maslow Fig 2), the channel configured for slidable insertion of the elongated member therethrough (Maslow Fig 1, col 2 ll 30-40), the cross channel housing the spring biased friction element (Maslow Fig 2, spring 24 in cross channel 23), the spring biased friction element adapted to compress the elongated member against the interior walls (Maslow Fig 1, col 2 ll 30-40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 13, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the elongated tether aligns in parallel segments for coupling the first and second bases (Heinz Fig 2, [0039]).
With respect to claim 14, Heinz/Heyman et al/Maslow discloses The device of claim 1 wherein the locking member includes a channel, the channel disposed for movement of the locking member perpendicular to a direction of movement of the elongated member (Maslow Fig 1, movement of element 21 in its channel in perpendicular to the sholes 25/26 where cord 2 passes through).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify cable lock of Heinz/Heyman et al to be the clamp system as taught by Maslow which is easy to use and maintains the locked state (Maslow col 1 ll 20-25).
With respect to claim 15, Heinz/Heyman et al/Maslow discloses The device of claim 1 further comprising drawing the tether through a pulley arrangement at each of the opposed first and second routing members (Heinz Fig 1, pulleys 26), the tensioning force pulling each of the opposed routing members towards the other of the opposed routing member from the tension in the parallel arrangement of the tether (Fig 1, tension of routing members is in line with the tether 28).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Heinz/Heyman et al/Maslow as applied to claim 1, and further in view of Livolsi et al (US 8147438).
With respect to claim 6, Heinz/Heyman et al/Maslow discloses The device of claim 1.
Heinz/Heyman et al/Maslow is silent on wherein the elongated member is an elastic member adapted for deformable elongation in response to an expansion force, the expansion force resulting in deformation of the elastic member, the elastic member opposing an increase of the defined perimeter with an opposing bias based on elastic properties of the elastic member.
Livolsi et al teaches an analogous brace with routing members 118/120 that are drawn together by an elongate member 112/114 wherein the elongated member is an elastic member (col 3 ln 30-35) adapted for deformable elongation in response to an expansion force, the expansion force resulting in deformation of the elastic member (col 3 ln 30-35, an elastic member would have this quality), the elastic member opposing an increase of the defined perimeter with an opposing bias based on elastic properties of the elastic member (col 3 ln 30-35, elastic members 112/114 opposes an increase in the device perimeter).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the elongate member material of Heinz/Heyman et al/Maslow to be elastic as taught by Livolsi et al in order to better conform to the user and support a variety of sizes (Livolsi et al col 1 ln 30-35).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Heinz in view of Heyman et al and in view of Rio (US 2,200,895).
With respect to claim 11, Heinz is silent on discloses An orthotic device configured to limit expansion of a subject's chest (Fig 1, device would limit chest expansion), comprising: a continuous elongated band which wraps, during use, around a chest of a subject comprising a first end and a second end (Fig 2, continuous band 12 with ends 14a, 14b); a first base attached to the first end of the continuous elongated band (Fig 1, first base 22a); a second base attached to the second end of the elongated band, the continuous elongated band defining a continuous perimeter around the subject (Fig 1, second base 22b); and a band contraction assembly comprising; a first routing member coupled to the first base (Fig 1, routing members 26 on the first base 22a); a second routing member removably coupled to the second base, the first base opposed from the second base (Fig 1, routing members 26 on the second base 22b); an elongated member defined by a tether coupling the first routing member to the second routing member forming a continuous loop with the continuous elongated band by routing the tether in a parallel arrangement between the respective opposed first and second routing members such that by applying, during use, a tensioning force to the tether for drawing the tether for decreasing a distance between the first and the second routing members resulting from contracting the continuous elongated band by reducing the defined perimeter (Fig 2, [0039], tether 28).
Heinz is silent on at least one support member extending between two attachment points on the continuous elongated band and adapted for maintaining the continuous elongated band at a predetermined chest position of a subject; and a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing, the locking member including a friction element adapted to engage the elongated member in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member, wherein the locking member includes: a channel having a bifurcated passage, each bifurcated passage configured for slidable communication with an end of a tethered loop defining the elongated member; the bifurcated passage having a cross section sized for unobstructed passage of the elongated member; and an interference member, the interference member defining the bifurcation and adapted to be disposed into the bifurcated passage for compressing each end of the tethered loop by reducing an area of the cross section at the pinch point.
Heyman et al teaches an analogous chest compression system further having at least one support member extending between two attachment points on the continuous elongated band and adapted for maintaining the continuous elongated band at a predetermined chest position of a subject (Fig 1, supports 18a and 18b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Heinz with the addition of the optional supports as taught by Hayman in order to better retain the system in place (Heyman et al [0021]).
Heinz/Heyman et al is silent on and a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing, the locking member including a friction element adapted to engage the elongated member in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member, wherein the locking member includes: a channel having a bifurcated passage, each bifurcated passage configured for slidable communication with an end of a tethered loop defining the elongated member; the bifurcated passage having a cross section sized for unobstructed passage of the elongated member; and an interference member, the interference member defining the bifurcation and adapted to be disposed into the bifurcated passage for compressing each end of the tethered loop by reducing an area of the cross section at the pinch point.
Rio teaches an analogous cable between routing members and a perimeter (Fig 1, cable 7 perimeter about shoe 10) with an elongated member defined by a tether coupling the first routing member to the second routing member forming a continuous loop with the continuous elongated band by routing the tether in a parallel arrangement between the respective opposed first and second routing members (Fig 1, tether 7, straight-lace shown so lacing is in parallel, routing members are eyelets of shoe) such that by applying, during use, a tensioning force to the tether for drawing the tether for decreasing a distance between the first and the second routing members resulting from contracting the continuous elongated band by reducing the defined perimeter (col 1 ll 25-30); and a locking mechanism which when activated to engage a locking member in a frictional engagement with the elongated member, inhibits, during use, movement of the elongated member relative to at least one of the routing members such that the distance is inhibited from increasing (Fig 2, col 2 ll 00-05), the locking member including a friction element adapted to engage the elongated member in a compressive fit at a pinch point for securing the elongated member and preventing movement of the elongated member through the locking member (Fig 4, friction elements 5), wherein the locking member includes: a channel having a bifurcated passage, each bifurcated passage configured for slidable communication with an end of a tethered loop defining the elongated member (Fig 4, channel of device body 3/4/5, bifurcated passage between walls 5 and member 12); the bifurcated passage having a cross section sized for unobstructed passage of the elongated member (Fig 4, unobstructed passage when member 12 is raised); and an interference member, the interference member defining the bifurcation and adapted to be disposed into the bifurcated passage for compressing each end of the tethered loop by reducing an area of the cross section at the pinch point (Fig 4, interference member 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cable system of Heinz/Heyman to have the lacing and lock of Rio in order to more easily lock the tether (Rio col 1 ll 20-30).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Heinz/Heyman et al/Maslow as applied to claim 1, and further in view of Silagy (US 6502329).
With respect to claim 12, Heinz/Heyman et al/Maslow discloses The device of claim 1.
Heinz/Heyman et al/Maslow is silent on wherein each of the routing members has manual grip handles responsive to an external grip for drawing the routing members together and decreasing the distance between the routing members.
Silagy teaches analogous routing members (Fig 1, routing members 42) wherein each of the routing members has manual grip handles responsive to an external grip for drawing the routing members together and decreasing the distance between the routing members (Fig 4, Fig 5, routing members 42 each with a part 46 that is capable of being responsive to external grip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the routing members of Heinz/Heyman et al/Maslow to have the shape as taught by Silagy in order to more easily tighten the system (Silagy col 1 ll 30-40).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached on (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM BAKER/Examiner, Art Unit 3786