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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/10/2025 has been entered.
Response to Amendment
Applicant’s amendments of claims 1, 12, and 19 are acknowledged by the Examiner.
Applicant’s addition of new claims 21-26 are acknowledged by the Examiner.
Currently claims 1, 3-4, 8-12, 14-15, 18-19, and 21-26 are pending in the current Application.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 12, and 19 have been considered but are moot because the new ground of rejection does not rely on the combination of references Smith (US 7,678,067 B1), Keegan (US 2021/0169673 A1), and Thor (US 2018/0333285 A1) as applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. New grounds of rejection under 35 U.S.C. 103 are discussed below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the resistance band having a first end coupled to said leg portion and a second end coupled to said foot portion and extending along a line of action that is centrally located between the medial side and the lateral side of the leg portion as recited in claim 26 must be shown or the feature(s) canceled from the claim(s). The drawings do not show such a configuration, as the only configuration of the resistance band being attached to the foot portion shows a line of action located on either a lateral or medial side of the leg portion (See figure 7).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1, 3-4, 10, 12, 14-15, 19, and 21-24 are objected to because of the following informalities:
Claim 1 recites the limitation “said plurality of resistance bands” in lines 20 and 21. This limitation, while not unclear, should be amended to recite “said plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 3 recites the limitation “each of said plurality of resistance bands”. This limitation, while not unclear, should be amended to recite “each of said plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 4 recites the limitation “the band stiffness” in lines 2 and 3. This limitation, while not unclear, should be amended to recite “the variable band stiffness” to maintain consistency in the claims.
Claim 10 should be amended to include a comma to separate the preamble and body of the claim.
Claim 12 recites the limitation “said plurality of resistance bands” in lines 23 and 24. This limitation, while not unclear, should be amended to recite “said plurality of three or more resistance bands” to maintain consistency in the claims.
Applicant is advised that should claim 1 be found allowable, claim 12 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 14 recites the limitation “said plurality of resistance bands” in lines 2, 3, and 4. This limitation, while not unclear, should be amended to recite “each of said plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 15 recites the limitation “the band stiffness” in lines 2 and 3. This limitation, while not unclear, should be amended to recite “the variable band stiffness” to maintain consistency in the claims.
Claim 19 recites the limitation “said plurality of resistance bands” in lines 18, 19, and 20. This limitation, while not unclear, should be amended to recite “said plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 21 recites the limitation “the device” in line 1. This limitation, while not unclear, should be amended to recite “the orthopedic device” to maintain consistency in the claims.
Claim 22 recites the limitation “wherein each of the plurality of resistance bands” in line 3. This limitation, while not unclear, should be amended to recite “each of the plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 23 recites the limitation “at least one of the resistance bands” in line 1. This limitation, while not unclear, should be amended to recite “at least one of the plurality of three or more resistance bands” to maintain consistency in the claims.
Claim 24 recites the limitation “wherein each the resistance bands” in line 2. This limitation, while not unclear, should be amended to recite “each of the plurality of three or more resistance bands” to maintain consistency in the claims.
Applicant is advised that should claim 1 be found allowable, claim 26 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Appropriate correction is required.
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 22 and 25 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 22 recites the limitation “wherein the toe portion further includes…an anterior edge” in line 2. The limitation “an anterior edge” is unclear in view of claim 1 which recites “a toe portion comprising a toe shell comprising a first end and an opposite second end”. It is unclear as to if the anterior edge of claim 22 is either the first or second end as recited in claim 1, or is a new edge. For the purpose of examination, Examiner will interpret the anterior edge of claim 22 as being one of the edges recited in claim 1.
Claim 25 recites the limitation "the portion" in line 15. There is insufficient antecedent basis for this limitation in the claim. For the purpose of examination, examiner will interpret this limitation as “a portion”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3-4, 10-12, 14-15, 19, 21-24, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Langley (US 2005/0126044 A1) in view of Keegan (US 2021/0169673 A1) and Louis (US 2021/0052931 A1).
In regards to claim 1, Langley discloses an orthopedic device (100; see [0042]; see figure 5a) comprising:
a leg portion (160; see [0042]; se figure 5a) comprising a leg shell comprising an upper end and an opposite lower end (see figure 5a that 160 comprises a shell with upper and lower ends), said leg shell at least partially defines a leg portion cavity that is configured to receive at least a portion of a user's lower leg therein (see figure 5a), said leg portion (160) having a leg axis extending between said upper and lower ends (see figure 5a that 160 has a vertical axis between the upper and lower ends of 160);
a foot portion (120; see [0042]; see figure 5a) comprising a foot shell comprising a heel end and an opposite toe end (see figure 5a that 120 comprises a shell with heel and toe ends), said foot shell at least partially defines a foot portion cavity configured to receive at least a portion of the user's foot therein (see figure 5a), said foot portion (120) having a foot axis extending between said heel and toe ends (see figure 5a that 120 has a horizontal axis between the heel and toe ends of 120), said foot portion (120) is rotationally coupled to said leg portion (160) at an ankle joint such that an ankle angle defined between the foot portion axis and the leg portion axis is selectively positionable in a dorsiflexed ankle angle and a plantarflexed ankle angle (see [0011]);
a toe portion (end portion of 120 which receives a user’s toes); and
a plurality of resistance bands (200; see [0053]; see figure 5a and 5b) each comprising a first end (end coupled to 220) coupled to said leg portion (160; see figure 5b) and a second end (end coupled to 126) coupled to said foot portion (120; see figure 5a) and extending along a line of action (see figure 5a), wherein each line of action of each of said plurality of resistance bands (200) are parallel to each other and spaced a distance apart (see figure 5a), said plurality of resistance bands (200) having a variable band stiffness (see [0053] and [0055]) that is selectively simultaneously adjustable via a single knob (220; see [0055]; see figure 5b) to facilitate resisting a rotation of at least one of said toe joint and said ankle joint (see [abstract]).
Langley does not disclose the toe portion comprising a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein, said toe portion having a toe axis extending between said first and second ends, said toe portion is rotationally coupled to said foot portion along a toe joint such that a toe angle defined between the foot axis and toe axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle; and
a plurality of three or more resistance bands.
However, Keegan teaches an analogous orthopedic device (100; see [0025]; see figure 1) for the analogous purpose of supporting a user’s foot and ankle (see [abstract]) comprising a leg portion (210; see [0025]; see figure 1) and foot portion (230; see [0025]; see figure 1); wherein the foot portion (230) comprises a toe portion (250; see [0025]; see figure 1); the toe portion (250) comprising a toe axis extending between said first and second ends (see figure 1 that 250 has a horizontal axis extending between distal and proximal ends of 250), said toe portion (250) is rotationally coupled to said foot portion (230) along a toe joint (see figure 2; see [0025]) such that a toe angle defined between the foot axis and toe axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle (see figure 2 that the axis between the foot and toe portions are selectively placed at a dorsiflexed angle between one another; see figures 3 and 4 that the hinge between the foot and toe portion are formed as a strap 278 or a hinge 270 (see [0025]) which is capable of being positioned selectively in a dorsiflexed, or plantarflexed toe angle) for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
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 modified the foot portion as disclosed by Langley by including the toe portion which is rotationally coupled to the foot portion as taught by Keegan in order to have provided an improved orthopedic device that would add the benefit of allowing the toe portion to be adjustable with respect to the foot portion for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
Langley as now modified by Keegan still does not disclose a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein; and
a plurality of three or more resistance bands
However, Louis teaches an analogous orthopedic device (10; see [0026]; see figure 1) for the analogous purpose of providing a resistance to the leg of the user while the user exercises (see [abstract] and see Langley [0051-0052]); comprising an analogous toe portion (16; see [0027]; see figure 2), and plurality of resistance bands (18; see [0027]; see figure 1); wherein the toe portion (16) comprises a toe shell (28; see [0028]; see figure 2) comprising a first end and an opposite second end (28 comprises a distal and proximal end; see figure 2), said toe shell (28) at least partially defines a toe portion cavity (24; see [0028]; see figure 2) configured to receive at least a portion of the user's toes therein (see [0028]) for the purpose of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]); and
wherein the plurality of resistance bands (18) are a plurality of three or more resistance bands (see figure 1) for the purpose of including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
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 modified the toe portion and plurality of resistance bands as disclosed by Langley as now modified by Keegan and to have included the toe shell and three or more resistance bands as taught by Louis in order to have provided an improved orthopedic device that would add the benefits of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]), and including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
Furthermore, such a modification to include additional resistance bands is held to be obvious since it has been held that “a mere duplication of parts has no patentable significance unless a new and unexpected result is produced” In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (see MPEP 2144.04 VI B). In the instant case, providing additional resistance bands provides the expected result of increasing the resistive capability of the orthopedic device to bias a user’s foot into a desired angle.
In regards to claim 3, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley further discloses wherein each of said plurality of resistance bands (200) comprises an elastic material that enables said plurality of resistance bands to be selectively stretched from a first length (compressed length) to a second length (expansion length) that is longer than said first length (see [0053]), said plurality of resistance bands (200) are selected such that said first length is defined when said ankle angle is at a first ankle angle (acute ankle angle i.e. dorsiflexed), and such that said second length is defined when said ankle angle is at a second ankle angle (obtuse angle i.e. plantarflexed) that is greater than said first ankle angle (see [0056]).
In regards to claim 4, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley further discloses wherein rotating said single knob (220) in a first rotational direction increases the band stiffness and wherein rotating said single knob (220) in an opposite second rotational direction decreases the band stiffness (see [0055]).
In regards to claim 10, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Keegan and Louis does not disclose further comprising a locking mechanism configured to secure a relative position of at least one of said ankle joint and said toe joint.
However, Keegan further teaches a locking mechanism (500; see [0030]; see figure 5) configured to secure a relative position of at least one of said ankle joint and said toe joint (see [0030]; 500 is intended to secure a relative position of the toe joint) for the purpose of holding the toe portion at a desired angle with respect to the foot portion (see [0030]).
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 modified the toe joint as disclosed by Langley as now modified by Keegan and Louis by including the locking mechanism of the toe joint as further taught by Keegan in order to have provided an improved toe joint that would add the benefit of holding the toe portion at a desired angle with respect to the foot portion (see [0030]).
In regards to claim 11, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley further discloses wherein at least one of said leg shell, foot shell, and toe shell is selectively coupled to a cushion (128; see [0058]; see figure 6a; 128 can be incorporated within 100 and thus, can be incorporated into the embodiment of 100 seen in figure 5a).
In regards to claim 12, Langley discloses a system for exercising a user's lower limb (100; see [0042], and [0051-0052]; see figure 5a) said system comprising:
a leg portion (160; see [0042]; se figure 5a) comprising a leg shell comprising an upper end and an opposite lower end (see figure 5a that 160 comprises a shell with upper and lower ends), said leg shell at least partially defines a leg portion cavity that is configured to receive at least a portion of a user's lower leg therein (see figure 5a), said leg portion (160) having a leg axis extending between said upper and lower ends (see figure 5a that 160 has a vertical axis between the upper and lower ends of 160);
a foot portion (120; see [0042]; see figure 5a) comprising a foot shell comprising a heel end and an opposite toe end (see figure 5a that 120 comprises a shell with heel and toe ends), said foot shell at least partially defines a foot portion cavity configured to receive at least a portion of the user's foot therein (see figure 5a), said foot portion (120) having a foot axis extending between said heel and toe ends (see figure 5a that 120 has a horizontal axis between the heel and toe ends of 120), said foot portion (120) is rotationally coupled to said leg portion (160) wherein an ankle angle defined between the foot axis and the leg axis is selectively positionable in a plurality of ankle angles such that said foot portion may be selectively positioned in a dorsiflexed position and a plantarflexed position with respect to said leg portion (see [0011]);
a toe portion (end portion of 120 which receives a user’s toes); and
a plurality of resistance bands (200; see [0053]; see figure 5a and 5b) each comprising a first end (end coupled to 220) coupled to said leg portion (160; see figure 5b) and a second end (end coupled to 126) coupled to said foot portion (120; see figure 5a) and extending along a line of action (see figure 5a), wherein each line of action of each of said plurality of resistance bands (200) are parallel to each other and spaced a distance apart (see figure 5a), said plurality of resistance bands (200) having a variable band stiffness (see [0053] and [0055]) that is selectively simultaneously adjustable via a single knob (220; see [0055]; see figure 5b) to facilitate resisting a rotation of at least one of said toe joint and said ankle joint (see [abstract]).
Langley does not disclose the toe portion comprising a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein, said toe portion having a toe axis extending between said first and second ends, said toe portion is rotationally coupled to said foot portion along a toe joint wherein a toe angle defined between the foot axis and toe axis is selectively positionable in a plurality of toe angle such that said toe portion may be arranged in a dorsiflexed position and a plantarflexed position with respect to said foot portion; and
a plurality of three or more resistance bands.
However, Keegan teaches an analogous orthopedic device (100; see [0025]; see figure 1) for the analogous purpose of supporting a user’s foot and ankle (see [abstract]) comprising a leg portion (210; see [0025]; see figure 1) and foot portion (230; see [0025]; see figure 1); wherein the foot portion (230) comprises a toe portion (250; see [0025]; see figure 1); the toe portion (250) having a toe axis extending between said first and second ends (see figure 1 that 250 has a horizontal axis extending between distal and proximal ends of 250), said toe portion (250) is rotationally coupled to said foot portion (230) along a toe joint (see figure 2; see [0025]) wherein a toe angle defined between the foot axis and toe axis is selectively positionable in a plurality of toe angle such that said toe portion may be arranged in a dorsiflexed position and a plantarflexed position with respect to said foot portion (see figure 2 that the axis between the foot and toe portions are selectively placed at a dorsiflexed angle between one another; see figures 3 and 4 that the hinge between the foot and toe portion are formed as a strap 278 or a hinge 270 (see [0025]) which is capable of being positioned selectively in a dorsiflexed, or plantarflexed toe angle) for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
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 modified the foot portion as disclosed by Langley by including the toe portion which is rotationally coupled to the foot portion as taught by Keegan in order to have provided an improved orthopedic device that would add the benefit of allowing the toe portion to be adjustable with respect to the foot portion for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
Langley as now modified by Keegan still does not disclose a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein; and
a plurality of three or more resistance bands
However, Louis teaches an analogous orthopedic device (10; see [0026]; see figure 1) for the analogous purpose of providing a resistance to the leg of the user while the user exercises (see [abstract] and see Langley [0051-0052]); comprising an analogous leg portion (20; see [0027]; see figure 1), toe portion (16; see [0027]; see figure 2), and plurality of resistance bands (18; see [0027]; see figure 1); wherein the toe portion (16) comprises a toe shell (28; see [0028]; see figure 2) comprising a first end and an opposite second end (28 comprises a distal and proximal end; see figure 2), said toe shell (28) at least partially defines a toe portion cavity (24; see [0028]; see figure 2) configured to receive at least a portion of the user's toes therein (see [0028]) for the purpose of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]); and
wherein the plurality of resistance bands (18) are a plurality of three or more resistance bands (see figure 1) for the purpose of including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
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 modified the toe portion and plurality of resistance bands as disclosed by Langley as now modified by Keegan and to have included the toe shell and three or more resistance bands as taught by Louis in order to have provided an improved orthopedic device that would add the benefits of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]), and including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
Furthermore, such a modification to include additional resistance bands is held to be obvious since it has been held that “a mere duplication of parts has no patentable significance unless a new and unexpected result is produced” In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (see MPEP 2144.04 VI B). In the instant case, providing additional resistance bands provides the expected result of increasing the resistive capability of the orthopedic device to bias a user’s foot into a desired angle.
In regards to claim 14, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley further discloses wherein each of said plurality of resistance bands (200) comprises an elastic material that enables said plurality of resistance bands to be selectively stretched from a first length (compressed length) to a second length (expansion length) that is longer than said first length (see [0053]), said plurality of resistance bands (200) are selected such that said first length is defined when said plurality of ankle angles are set at a first ankle angle (acute ankle angle i.e. dorsiflexed), and such that said second length is defined when said plurality of ankle angles are set at a second ankle angle (obtuse angle i.e. plantarflexed) that is greater than said first ankle angle (see [0056]).
In regards to claim 15, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley further discloses wherein rotating said single knob (220) in a first rotational direction increases the band stiffness and wherein rotating said single knob (220) in an opposite second rotational direction decreases the band stiffness (see [0055]).
In regards to claim 19, Langley discloses a method of fabricating an orthopedic device (100; see [0042]; see figure 5a), said method comprising:
providing a leg portion (160; see [0042]; se figure 5a) that includes a leg shell having an upper end, an opposite lower end (see figure 5a that 160 comprises a shell with upper and lower ends), and an axis extending between the upper and lower ends (see figure 5a that 160 has a vertical axis between the upper and lower ends of 160);
providing a foot portion (120; see [0042]; see figure 5a) including a foot shell including a heel end, an opposite toe end (see figure 5a that 120 comprises a shell with heel and toe ends), and an axis extending between the heel and toe ends (see figure 5a that 120 has a horizontal axis between the heel and toe ends of 120);
providing a toe portion (end portion of 120 which receives a user’s toes);
rotationally coupling the leg portion (160) to the foot portion (120) at an ankle joint such that an ankle angle defined between the foot portion axis and the leg portion axis is selectively positionable in a dorsiflexed ankle angle and a plantarflexed ankle angle (see [0011]);
coupling a first end (end coupled to 220) of a plurality of resistance bands (200; see [0053]; see figure 5a and 5b) to the leg portion (160; see figure 5b), said plurality of resistance bands (200) facilitate resisting rotation of at least one of the toe joint and the ankle joint (see [abstract]), wherein each of the plurality of resistance bands (200) extends along a line of action (see figure 5a), wherein each line of action of each of said plurality of resistance bands (200) are parallel to each other and spaced a distance apart (see figure 5a);
coupling a second end (end coupled to 126) of the plurality of resistance bands (200) to the foot portion (120; see figure 5a); and
variably adjusting simultaneously a band stiffness (see [0053] and [0055]) of the plurality of resistance bands (200) using a single knob (220; see [0055]; see figure 5b).
Langley does not disclose the toe portion includes a toe shell including a first end, an opposite second end, and an axis extending between said first and second ends, wherein the toe shell at least partially defines a toe portion cavity sized to receive at least a portion of the user's toes therein;
rotationally coupling the toe portion to the leg portion at a toe joint such that a toe angle defined between the foot portion axis and toe portion axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle; and
a plurality of three or more resistance bands.
However, Keegan teaches an analogous orthopedic device (100; see [0025]; see figure 1) for the analogous purpose of supporting a user’s foot and ankle (see [abstract]) comprising a leg portion (210; see [0025]; see figure 1) and foot portion (230; see [0025]; see figure 1); wherein the foot portion (230) comprises a toe portion (250; see [0025]; see figure 1); the toe portion is rotationally coupled to said foot portion (230) at a toe joint (see figure 2; see [0025]) such that a toe angle defined between the foot axis and toe axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle (see figure 2 that the axis between the foot and toe portions are selectively placed at a dorsiflexed angle between one another; see figures 3 and 4 that the hinge between the foot and toe portion are formed as a strap 278 or a hinge 270 (see [0025]) which is capable of being positioned selectively in a dorsiflexed, or plantarflexed toe angle) for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
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 modified the method of fabricating the orthopedic device as disclosed by Langley by rotatably coupling the toe portion to the foot portion as taught by Keegan in order to have provided an improved orthopedic device that would add the benefit of allowing the toe portion to be adjustable with respect to the foot portion for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
Langley as now modified by Keegan still does not disclose the toe portion includes a toe shell including a first end, an opposite second end, and an axis extending between said first and second ends, wherein the toe shell at least partially defines a toe portion cavity sized to receive at least a portion of the user's toes therein; and
a plurality of three or more resistance bands.
However, Louis teaches an analogous orthopedic device (10; see [0026]; see figure 1) for the analogous purpose of providing a resistance to the leg of the user while the user exercises (see [abstract] and see Langley [0051-0052]); comprising an analogous leg portion (20; see [0027]; see figure 1), toe portion (16; see [0027]; see figure 2), and plurality of resistance bands (18; see [0027]; see figure 1); wherein the toe portion (16) includes a toe shell (28; see [0028]; see figure 2) including a first end and an opposite second end (28 comprises a distal and proximal end; see figure 2), wherein the toe shell (28) at least partially defines a toe portion cavity (24; see [0028]; see figure 2) configured to receive at least a portion of the user's toes therein (see [0028]) for the purpose of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]); and
wherein the plurality of resistance bands (18) are a plurality of three or more resistance bands (see figure 1) for the purpose of including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
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 modified the method of fabricating the orthopedic device as disclosed by Langley as now modified by Keegan and to have included the toe shell and three or more resistance bands as taught by Louis in order to have provided an improved orthopedic device that would add the benefits of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]), and including additional resistance bands to allow a user to have greater capability of resistance depending on the particular desired exercise and/or exercise intensity (see [0035]).
Furthermore, such a modification to include additional resistance bands is held to be obvious since it has been held that “a mere duplication of parts has no patentable significance unless a new and unexpected result is produced” In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (see MPEP 2144.04 VI B). In the instant case, providing additional resistance bands provides the expected result of increasing the resistive capability of the orthopedic device to bias a user’s foot into a desired angle.
In regards to claim 21, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Keegan and Louis does not disclose wherein the device further comprises a leg strap selectively extendable between a medial side and a lateral side of the leg portion and extending across the leg portion cavity, and wherein the plurality of three or more resistance bands are connected to the leg strap over the leg portion cavity.
However, Louis further teaches wherein the plurality of three or more resistance bands (18) are connected to a leg strap (20; see [0027]; see figure 7D) on an anterior aspect of the user’s leg (see figure 1) for the purpose of removably attaching the resistance bands to the user’s leg (see [0027]) such that the resistance bands are held straight in place and do not touch the user’s leg while in use (see [0035]).
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 modified the orthopedic device as disclosed by Langley as now modified by Keegan and Louis and to have included the leg strap and to have connected the three or more resistance bands to the leg strap as further taught by Louis in order to have provided an improved orthopedic device that would add the benefit of removably attaching the resistance bands to the user’s leg (see [0027]) such that the resistance bands are held straight in place and do not touch the user’s leg while in use (see [0035]).
Thus, as now combined Langley as further modified by Louis discloses the leg strap selectively extendable between a medial side and a lateral side of the leg portion and extending across the leg portion cavity, and wherein the plurality of three or more resistance bands are connected to the leg strap over the leg portion cavity because when the leg strap of Louis is included in addition to the leg portion of Langley, the leg strap selectively extends (i.e. is capable of being removed from) between the medial and lateral sides of the leg portion across the leg portion cavity, and forms a connection with the plurality of three or more resistance bands on an anterior aspect of the user’s leg which is over the leg portion cavity as claimed.
In regards to claim 22, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Louis further discloses wherein the toe portion (portion of 120 of Langley to receive a user’s toes, modified to include the toe shell of Louis) further includes a medial side and a lateral side and an anterior edge extending there between (see annotated figure 8c of Louis below).
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Langley as now modified by Keegan and Louis does not disclose wherein each of the plurality of resistance bands are connected to the anterior edge.
However, Louis further teaches wherein each of the plurality of resistance bands (18) are connected to the anterior edge (see figure 8c that 34 is connected to the anterior edge) for the purpose of holding the resistance bands straight in place so the resistance bands do not touch the user’s leg while in use (see [0035]).
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 modified the location of attachment of the plurality of resistance bands as disclosed by Langley as now modified by Keegan and Louis and to have connected each of the plurality of resistance bands to the anterior edge of the toe portion as further taught by Louis in order to have provided an improved orthopedic device that would add the benefit of holding the resistance bands straight in place so the resistance bands do not touch the user’s leg while in use (see [0035]). Additionally such an attachment would add the benefit of increasing the orthopedic device’s ability to resist rotation of the ankle joint as contemplated by Langley [0011] because the compressive load applied by the plurality of resistance bands would be exerted at a point further from the ankle joint (i.e. further from the pivot point) allowing the plurality of resistance bands to create a larger moment force (torque) to resist rotation between the foot and leg portion.
Furthermore, such a modification is held to be obvious since it has been held that "a mere rearrangement of parts was held to be an obvious matter of design choice" In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (See MPEP 2144.04 VI C). In the instant case Applicant's specification has not disclosed that the specific connection of the second end to an anterior edge of the toe portion provides an advantage, is used for a particular purpose, or solves a stated problem, and contrarily discloses “In some embodiments, band second end 106 is coupled to toe portion 16. Alternatively, and/or additionally, in some embodiments second end 106 is coupled to foot portion 14, for example, to foot medial side 62 and/or to foot lateral side 64” (See specification [0033]) implying that the connection of the second end of the plurality of resistance bands to the anterior edge of the toe portion is not critical or required for the orthopedic device to function. Therefore, the specific configuration is considered not critical to the functionality of Applicant's device and is considered to be a design choice obvious to one of ordinary skill in the art.
In regards to claim 23, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Keegan and Louis does not disclose wherein at least one of the resistance bands extends along a line of action between the leg portion and the toe portion generally along an anterior axis, centrally located between a medial side and a lateral side of the leg portion and spaced a distance anteriorly from the foot portion.
However, Louis further teaches wherein at least one of the resistance bands (18) extends along a line of action between the leg portion (20; see [0027]; see figure 1) and the toe portion (16) generally along an anterior axis (see figure 2), centrally located between a medial side and a lateral side of the leg portion (20) for the purpose of holding the resistance bands straight in place so the resistance bands do not touch the user’s leg while in use (see [0035]).
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 modified the position and attachment of the plurality of resistance bands as disclosed by Langley as now modified by Keegan and Louis and to have positioned the plurality of resistance bands such that their line of action extends along an anterior axis, centrally located between a medial side and a lateral side of the leg portion as and to have attached the plurality of resistance bands to the toe portion as further taught by Louis in order to have provided an improved orthopedic device that would add the benefit of for the purpose of holding the resistance bands straight in place so the resistance bands do not touch the user’s leg while in use (see [0035]). Furthermore such an attachment of the plurality of resistance bands would add the benefit of increasing the orthopedic device’s ability to resist rotation of the ankle joint as contemplated by Langley [0011] because the compressive load applied by the plurality of resistance bands would be exerted at a point further from the ankle joint (i.e. further from the pivot point) allowing the plurality of resistance bands to create a larger moment force (torque) to resist rotation between the foot and leg portion.
Furthermore, such a modification is held to be obvious since it has been held that "a mere rearrangement of parts was held to be an obvious matter of design choice" In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (See MPEP 2144.04 VI C). In the instant case Applicant's specification has not disclosed that the specific connection of the second end to an anterior edge of the toe portion provides an advantage, is used for a particular purpose, or solves a stated problem, and contrarily discloses “Alternatively, and/or additionally, in some embodiments second end 106 is coupled to foot portion 14, for example, to foot medial side 62 and/or to foot lateral side 64.” (See specification [0033]) implying that the line of action of the plurality of resistance bands being between the medial and lateral side of the leg portion is not critical or required for the orthopedic device to function. Therefore, the specific configuration is considered not critical to the functionality of Applicant's device and is considered to be a design choice obvious to one of ordinary skill in the art.
Thus, Langley as now modified by Keegan and Louis discloses at least one of the resistance bands is spaced a distance anteriorly from the foot portion because the toe portion is spaced a distance anteriorly with respect to the foot portion, therefore, the resistance bands as now modified would also be spaced a distance anteriorly from the foot portion as claimed.
In regards to claim 24, Langley as now modified by Keegan and Louis discloses the invention as discussed above
Langley as now modified by Louis further discloses wherein each of the resistance bands (200 of Langley) are spaced an equidistance apart (see figure 5a of Langley and figure 1 of Louis that in each disclosure the resistance bands are spaced as claimed; thus, as now modified the plurality of three or more resistance bands of Langley as now modified by Louis would be spaced as claimed).
In regards to claim 26, Langley discloses (100; see [0042]; see figure 5a) comprising:
a leg portion (160; see [0042]; se figure 5a) comprising a leg shell comprising an upper end and an opposite lower end and a medial side and a lateral side (see figure 5a), said leg shell at least partially defines a leg portion cavity that is configured to receive at least a portion of a user's lower leg therein (see figure 5a), said leg portion (160) having a leg axis extending between said upper and lower ends (see figure 5a that 160 has a vertical axis between the upper and lower ends of 160);
a foot portion (120; see [0042]; see figure 5a) comprising a foot shell comprising a heel end and an opposite toe end (see figure 5a that 120 comprises a shell with heel and toe ends), said foot shell at least partially defines a foot portion cavity configured to receive at least a portion of the user's foot therein (see figure 5a), said foot portion (120) having a foot axis extending between said heel and toe ends (see figure 5a that 120 has a horizontal axis between the heel and toe ends of 120), said foot portion (120) is rotationally coupled to said leg portion (160) at an ankle joint such that an ankle angle defined between the foot portion axis and the leg portion axis is selectively positionable in a dorsiflexed ankle angle and a plantarflexed ankle angle (see [0011]);
a toe portion (end portion of 120 which receives a user’s toes); and
a resistance band (200; see [0053]; see figure 5a and 5b) comprising a first end (end coupled to 220) coupled to said leg portion (160; see figure 5b) and a second end (end coupled to 126) coupled to said foot portion (120; see figure 5a) and spaced a distance anteriorly from the foot portion (120; see figure 5a that 200 is spaced a distance anteriorly with respect to the heel end of 120), and the resistance band having a variable band stiffness that is selectively adjustable to facilitate resisting a rotation of at least one of said toe joint and said ankle joint (see [abstract], [0053], and [0055]).
Langley does not disclose the toe portion comprising a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein, said toe portion having a toe axis extending between said first and second ends, said toe portion is rotationally coupled to said foot portion along a toe joint such that a toe angle defined between the foot axis and toe axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle; and
the resistance band extending along a line of action that is centrally located between the medial side and the lateral side of the leg portion.
However, Keegan teaches an analogous orthopedic device (100; see [0025]; see figure 1) for the analogous purpose of supporting a user’s foot and ankle (see [abstract]) comprising a leg portion (210; see [0025]; see figure 1) and foot portion (230; see [0025]; see figure 1); wherein the foot portion (230) comprises a toe portion (250; see [0025]; see figure 1); the toe portion (250) comprising a toe axis extending between said first and second ends (see figure 1 that 250 has a horizontal axis extending between distal and proximal ends of 250), said toe portion (250) is rotationally coupled to said foot portion (230) along a toe joint (see figure 2; see [0025]) such that a toe angle defined between the foot axis and toe axis is selectively positionable in a dorsiflexed toe angle and a plantarflexed toe angle (see figure 2 that the axis between the foot and toe portions are selectively placed at a dorsiflexed angle between one another; see figures 3 and 4 that the hinge between the foot and toe portion are formed as a strap 278 or a hinge 270 (see [0025]) which is capable of being positioned selectively in a dorsiflexed, or plantarflexed toe angle) for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
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 modified the foot portion as disclosed by Langley by including the toe portion which is rotationally coupled to the foot portion as taught by Keegan in order to have provided an improved orthopedic device that would add the benefit of allowing the toe portion to be adjustable with respect to the foot portion for the purpose of isolating the ball of the user’s foot and toes to be in the exact position that is most comfortable for the user (see [0009]).
Langley as now modified by Keegan still does not disclose the toe portion comprising a toe shell comprising a first end and an opposite second end, said toe shell at least partially defines a toe portion cavity configured to receive at least a portion of the user's toes therein; and
the resistance band extending along a line of action that is centrally located between the medial side and the lateral side of the leg portion.
However, Louis teaches an analogous orthopedic device (10; see [0026]; see figure 1) for the analogous purpose of providing a resistance to the leg of the user while the user exercises (see [abstract] and see Langley [0051-0052]); comprising an analogous leg portion (20; see [0027]; see figure 1) toe portion (16; see [0027]; see figure 2) and a resistance band (18; see [0027]; see figure 1); wherein the toe portion (16) comprises a toe shell (28; see [0028]; see figure 2) comprising a first end and an opposite second end (28 comprises a distal and proximal end; see figure 2), said toe shell (28) at least partially defines a toe portion cavity (24; see [0028]; see figure 2) configured to receive at least a portion of the user's toes therein (see [0028]) for the purpose of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]); and
wherein the resistance band (18) extends along a line of action that is centrally located between a medial side and a lateral side of the leg portion (20; see figure 1) for the purpose of permitting the resistance bands to be held straight in place so as to not touch the user when in use (see [0035]).
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 modified the toe portion and the position of the resistance band as disclosed by Langley as now modified by Keegan by including the toe shell and to positioning the resistance band to have a line of action that is centrally located between the medial and lateral sides of the leg portion as taught by Louis in order to have provided an improved orthopedic device that would add the benefit of defining a foot receiving portion and defining attachment points for the plurality of resistance bands (See [0028]) and permitting the resistance bands to be held straight in place so as to not touch the user when in use (see [0035]).
Furthermore, such a modification of the placement of the resistance band is held to be obvious since it has been held that "a mere rearrangement of parts was held to be an obvious matter of design choice" In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (See MPEP 2144.04 VI C). In the instant case Applicant's specification has not disclosed that the specific placement of the resistance band provides an advantage, is used for a particular purpose, or solves a stated problem, and contrarily discloses “Alternatively, and/or additionally, in some embodiments second end 106 is coupled to foot portion 14, for example, to foot medial side 62 and/or to foot lateral side 64.” (See specification [0033]) implying that the line of action of the plurality of resistance bands being between the medial and lateral side of the leg portion is not critical or required for the orthopedic device to function. Therefore, the specific configuration is considered not critical to the functionality of Applicant's device and is considered to be a design choice obvious to one of ordinary skill in the art.
Claim(s) 8-9, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Langley in view of Keegan and Louis as applied to claims 1 and 12 above, and further in view of Wilson (US 2016/0128858 A1).
In regards to claim 8, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Keegan and Louis does not disclose wherein said orthopedic device comprises at least one transcutaneous electrical nerve pad selectively coupled to at least one of said leg portion, said foot portion, and said toe portion.
However, Wilson teaches an analogous ankle support (10; see [0055]; see figure 1) comprising an analogous leg portion (20; see [0055]; see figure 1) further comprising at least one transcutaneous electrical nerve pad (120; see [0075]; see figure 5; 120 positioned between the leg support 20 and the user is considered to provide cushioning from 20 to the user’s leg making it more comfortable for the user and therefore is considered to be a pad) selectively coupled to said leg portion (20; see figures 1a-4c in references to the embodiments of 20 which do not include 120, thus the inclusion of 120 is considered an alternative embodiment to be selectively coupled to 20 as is desired) for the purpose of reducing pain through nociceptive (pain arising from the stimulation of nerve cells) inhibition at the presynaptic level in the dorsal horn, thus limiting its central transmission (see [0077]).
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 modified the leg portion as disclosed by Langley as now modified by Keegan and Louis by including the at least one transcutaneous electrical nerve stimulation (TENS) pad selectively coupled to at least one of said leg portion as taught by Wilson in order to have provided an improved leg portion that would add the benefit of reducing pain through nociceptive (pain arising from the stimulation of nerve cells) inhibition at the presynaptic level in the dorsal horn, thus limiting its central transmission (see [0077]).
In regards to claim 9, Langley as now modified by Keegan, Louis, and Wilson discloses the invention as discussed above.
Langley as now modified by Wilson further discloses wherein the at least one transcutaneous electrical nerve pad (120 of Wilson) comprises a plurality of individual electrodes (See [0075] of Wilson in reference to 120 includes a primary body portion having a plurality of electrical nerve stimulator members situated in or on the primary body portion), each individual electrode unit is biasedly coupled to said leg portion (see Wilson figure 5 that upon insertion of a user’s leg/foot through 20, 120 is wrapped around the user’s leg and would be biasedly held against 20 via the user’s leg being within 20; similarly, as now combined, the electrode sleeve would be held up against the leg portion as disclosed by Langley via the user inserting and securing their leg within the leg portion).
In regards to claim 18, Langley as now modified by Keegan and Louis discloses the invention as discussed above.
Langley as now modified by Keegan and Louis does not disclose wherein said system comprises at least one transcutaneous electrical nerve stimulator and electrode pad selectively coupled to at least one of said leg portion, said foot portion, and said toe portion.
However, Wilson teaches an analogous ankle support (10; see [0055]; see figure 1) comprising an analogous leg portion (20; see [0055]; see figure 1) further comprising at least one transcutaneous electrical nerve stimulator and electrode pad (120; see [0075]; see figure 5; 120 positioned between the leg support 20 and the user is considered to provide cushioning from 20 to the user’s leg making it more comfortable for the user and therefore is considered to be a pad) selectively coupled to said leg portion (20; see figures 1a-4c in references to the embodiments of 20 which do not include 120, thus the inclusion of 120 is considered an alternative embodiment to be selectively coupled to 20 as is desired) for the purpose of reducing pain through nociceptive (pain arising from the stimulation of nerve cells) inhibition at the presynaptic level in the dorsal horn, thus limiting its central transmission (see [0077]).
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 modified the leg portion of the system as disclosed by Langley as now modified by Keegan and Louis by including the at least one transcutaneous electrical nerve stimulation (TENS) pad selectively coupled to at least one of said leg portion as taught by Wilson in order to have provided an improved leg portion that would add the benefit of reducing pain through nociceptive (pain arising from the stimulation of nerve cells) inhibition at the presynaptic level in the dorsal horn, thus limiting its central transmission (see [0077]).
Claim(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Langley in view of Louis.
In regards to claim 25, Langley discloses an orthopedic device (100; see [0042]; see figure 5a) comprising:
a leg portion (160; see [0042]; se figure 5a) comprising a leg shell comprising an upper end and an opposite lower end (see figure 5a that 160 comprises a shell with upper and lower ends), said leg shell at least partially defines a leg portion cavity that is configured to receive at least a portion of a user's lower leg therein (see figure 5a), said leg portion (160) having a leg axis extending between said upper and lower ends (see figure 5a that 160 has a vertical axis between the upper and lower ends of 160);
a foot portion (120; see [0042]; see figure 5a) comprising a foot shell comprising a heel end and an opposite toe end (see figure 5a that 120 comprises a shell with heel and toe ends), said foot shell at least partially defines a foot portion cavity configured to receive at least a portion of the user's foot therein (see figure 5a), said foot portion (120) having a foot axis extending between said heel and toe ends (see figure 5a that 120 has a horizontal axis between the heel and toe ends of 120), said foot portion (120) is rotationally coupled to said leg portion (160) at an ankle joint such that an ankle angle defined between the foot portion axis and the leg portion axis is selectively positionable in a dorsiflexed ankle angle and a plantarflexed ankle angle (see [0011]); and
a plurality of resistance bands (200; see [0053]; see figure 5a and 5b) each comprising a first end (end coupled to 220) coupled to said leg portion (160; see figure 5b) and a second end (end coupled to 126) coupled to said foot portion (120; see figure 5a) and extending along a line of action (see figure 5a), wherein each line of action of each of said plurality of resistance bands (200) are parallel to each other (see figure 5a), said plurality of resistance bands (200) having a variable band stiffness (see [0053] and [0055]) to facilitate resisting a rotation of said ankle joint (see [abstract]).
Langley does not disclose a leg strap selectively extendable between the medial side and the lateral side across the leg portion cavity; and
a plurality of resistance bands each comprising a first end coupled to said leg strap at the portion of the leg strap across the leg portion cavity.
However, Louis teaches an analogous orthopedic device (10; see [0026]; see figure 1) for the analogous purpose of providing a resistance to the leg of the user while the user exercises (see [abstract] and see Langley [0051-0052]); comprising an analogous toe portion (16; see [0027]; see figure 2), and plurality of resistance bands (18; see [0027]; see figure 1); wherein the plurality of three or more resistance bands (18) are connected at a first end (18b; see [0031]; see figure 1) to a leg strap (20; see [0027]; see figure 1 and 7D) on an anterior aspect of the user’s leg (see figure 1) for the purpose of removably attaching the resistance bands to the user’s leg (see [0027]) such that the resistance bands are held straight in place and do not touch the user’s leg while in use (see [0035]).
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 modified the orthopedic device as disclosed by Langley and to have included the leg strap and to have connected the first ends of the plurality of resistance bands to the leg strap as taught by Louis in order to have provided an improved orthopedic device that would add the benefit of removably attaching the resistance bands to the user’s leg (see [0027]) such that the resistance bands are held straight in place and do not touch the user’s leg while in use (see [0035]).
Thus, as now combined Langley as modified by Louis discloses a leg strap extendable between a medial side and a lateral side of the leg portion and extending across the leg portion cavity because when the leg strap of Louis is included in addition to the leg portion of Langley, the leg strap wraps around the entirety of the user’s leg and consequently is extendable between the medial and lateral sides of the leg portion across the leg portion cavity, and forms a connection with the plurality of resistance bands on a portion of the leg strap positioned on an anterior aspect of the user’s leg which is over the leg portion cavity as claimed.
Conclusion
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/DANIEL A MILLER/Examiner, Art Unit 3786