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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/03/2025 has been entered.
Priority
Applicant’s recitations of “tension evener” and “whippletree” were first introduced in provisional application 63/006,974 filed 04/06/2020. Application recitation of “web portion” was first introduced in provision application 16/640,513 filed 03/08/2018. All other claim features are given the priority date of provisional application 62/599,675 filed 12/15/2017
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/05/2021 and 01/17/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statements is being considered by the examiner.
Response to Amendment
The amendment filed 12/03/2025 has been entered. Currently, claims 1-31 remain pending in the application. Independent claims 1 and 16 were amended by the Applicant without the addition of new matter to include further narrowing limitations. Also, new claim 31 was added and a new 35 USC 112(d) rejection is recited below.
Response to Arguments
Applicant’s amendment to independent claim 1 and 16 is sufficient to overcome the previous 35 USC § 103 rejection recited in the Final Office Action mailed 06/04/2025.
Applicant’s arguments, see Remarks on Page 9, filed 12/03/2025, with respect to the rejection under 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of the following new and current prior art of the record: Witherspoon et al. (U.S. Patent Pub. No. 20180049903), Hammerslag et al. (U.S. Patent Pub. No. 20100299959), Picchione (U.S. Patent No. 4216547), Toleman (U.S. Patent Pub. No. 20040200869), and Walsh et al. (U.S. Patent Pub. No. 20160107309)
Applicant makes the argument that “regarding claims 14 and 31 that the tension member is further configured and arranged on the garment about the articulating joint for applying a directional force perpendicular to a side of the articulating joint, neither of which is neither disclosed, taught, or suggested by the cited prior art.” (Remarks, Page 9, Paragraph 1).
In response to Applicant’s argument that Walsh does not teach a directional force perpendicular to a side of the articulating joint as recited in the claimed invention (Remarks, Page 9, Paragraph 1), Walsh providing an assistive force to the directional movement doesn’t inherently indicate that there aren’t also perpendicular forced applied to a side of the joint as recited in the claimed invention. For example, when actuated, the forces on both sides of the body joint also provide a distribution of perpendicular compressive force against the side of the skin of the body joint (Paragraphs 113, 216, 257, and 263). This compression force from the tension members is thereby applying a force perpendicular to a side of the joint as claimed (Paragraphs 113, 216, 257, and 263). Lastly, Walsh compressive force teaching on medial and lateral sides of the joint is further suggested by Witherspoon also providing compressive forces (Witherspoon, Paragraph 54, compressive force applied proximate joint).
Moreover, Examiner notes that Applicant may overcome the prior art of record by incorporating claim 9/27 into the independent claims 1/16 and reciting how the web portion provides a perpendicular force compared to that of the tension member. Similarly, reciting a relative coupling of the strands of the web portion and the strands of the main tension member. For example, --a web portion comprising additional inextensible strands that are laterally spread, wherein each substantially inextensible strand is disposed in a corresponding strand conduit on or within the wearable brace garment and regions of each strand conduit is connected on or within the additional inextensible strands of the web portion-- to show a uniqueness of Applicant’s web portion that has a separate oriented and coupled segments relative to the main plurality of inextensible strands compared to that of the prior art of record.
Claim Objections
Claim 16 is objected to because of the following informalities:
In claim 16, line 3 and claim 31 rephrase “the garment” to read –the wearable brace garment--.
Appropriate correction is required.
Claim Interpretation
The phrase “substantially inextensible strands” in claims 1, 4, 7-8 and “substantially longitudinally inextensible strands” in claims 16 and 22-24 is defined by in Specification, Paragraph 94 as “a fabric extending in two dimensions that is substantially inextensible in at least a first direction. The fabric may or may not have a restriction on extensibility in a direction perpendicular to the first direction. Non-limiting examples of such materials include but are not limited to so-called 2-way-stretch fabrics with blends of materials including Spandex, Nylon, Dyneema®, Kevlar®, polyester, Ingeo®, olefin fibre, Lyocell, and/or cotton which are woven, knitted, or braided in such a fashion to allow stretch in required dimensions.”
The phrase “substantially freely” in claim 16 is defined in the Remarks, Page 11, Paragraph 3, filed 05/01/2023 as allowing movement when subject to the usual forces at play in such a garment.
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: “threadable member” in claim 6 and 22.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The term “member” is a generic placeholder for the word “means”. For examination purposes, “threadable member” in claim 6 and 22 is interpreted as beads, rings, eyelets, blocks, loops of inextensible fabric, loops in inextensible cables, and whipple bars for engaging with the inextensible strands of the tension member (Specification, Paragraph 29).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 31, the limitation are still in the “configured” intended use case which is the same limitation as recited in claim 16 without any narrower scope. For examination purposes, rephrase “wherein the tension member is further configured and arranged on the garment about the articulating joint for applying a directional force perpendicular to a side of the articulating joint” in claim 31 to read -- wherein the tension member is arranged on the wearable brace garment about the articulating joint for applying a directional force perpendicular to a side of the articulating joint--.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-7, 13, 15, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959).
Regarding claim 1, Witherspoon discloses a wearable brace garment (Paragraphs 8, 25, 42-43, 62, 83, 126, and Figure 9b, body harness wraps around body joint segment and applies forces across body joint segment, such as knee or ankle, for stabilizing user’s joint during recovery) for stabilizing an articulating joint of a wearer, the wearable brace garment configured for enveloping (Paragraph 25, 42-43, 8) at least in part the articulating joint, the wearable brace garment comprising: a tension member 910a,920a,920b,920c (Paragraph 89 and Figure 9B, lace 910 a and straps 920a, 920b, 920c disposed 3-dimensionally about body joint segment) configured for being disposed along a three-dimensional spatial path about the articulating joint, the tension member 910a,920a,920b,920c comprising a plurality of strands substantially inextensible along a longitudinal direction (Paragraphs 47 and 89, lace 910a and individual strands 920a,920b,920c are inextensible along its length; This is the definition of “substantially” as Applicant’s defines in Specification, Paragraph 94) wherein the tension member 910a,920a,920b,920c is further configured and arranged on the wearable brace garment about the articulating joint; and a tension evener 15,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920 through pulleys 915, 930a, 930b, 930c in tension-wise communication to evenly distribute forces from a tether to the tether pulley 915 and then to the straps 920,920b,920c) disposed on the wearable brace garment tension-wise in communication with the inextensible strands of the tension member 910a,920a,920b,920c, the tension evener 915,930a,930b,930c arranged for applying evenly the tension (Paragraph 89 and Figure 9B) among the plurality of inextensible strands of the tension member 910a,920a,920b,920c.
However, Witherspoon fails to explicitly disclose (1) a tensioner disposed on the wearable brace garment and arranged for adjusting a tension in the tension member; the tension evener tension-wise in communication with the tensioner and arranged for applying evenly the tension from the tensioner among at least two of the plurality of inextensible strands of the tension member; (2) wherein the tension member is further configured for being disposed to provide a directional force perpendicular to a side of the articulating joint.
Hammerslag teaches an analogous wearable brace garment 1300 (Paragraphs 4, 200, 204, and Figures 28-29, wearable clothing with tension mechanism 800 for bracing) with a tensioner 802 (Paragraphs 12, 199 and Figure 28, adjustable tensioner reel 802 that is operatable by a user for increasing or decreasing tension to the system as a whole) associated with the analogous tension evener 810,812, 832,834 822,824 (Paragraphs 200, 204 and Figures 28-29, retainers guides 810,812, 832,834 822,824 acting as pulleys for tension member strands 23a,23b 1334 for evening the tension ) and arranged for adjusting tension in the analogous tension member 23a,23b (Paragraphs 200, 204 and Figures 28-29, cables 23a,23b); the analogous tension evener tension-wise in communication with the tensioner 802 and arranged for applying evenly the tension from the tensioner 802 among at least two 23a,23b of the analogous plurality of inextensible strands (Paragraph 111, inextensible material of lace) of the analogous tension member 23a,23b.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the tension evener and tension members of Witherspoon, so that there is a tensioner disposed on the wearable brace garment and arranged for adjusting a tension in the tension member; the tension evener tension-wise in communication with the tensioner and arranged for applying evenly the tension from the tensioner among at least two of the plurality of inextensible strands of the tension member, as taught by Hammerslag, in order to provide an improved wearable brace garment with an enhanced tiered tension evener pulley/guides that receives two of the strands of the tension member to even the tension that is adjustably provided by a tensioner more upstream/proximal than the tension evener (Hammerslag, Paragraphs 4, 199-200, and 204).
Regarding claim 2, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the tension evener 915,930a,930b,930c comprises a whippletree (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920a,b,c through pulleys 915,930a, 930b, 930c form a whippletree configuration).
Regarding claim 3, the combination of Witherspoon in view of Hammerslag discloses the invention as described above and further discloses wherein the whippletree (Witherspoon, Paragraph 89 and Figure 9B, loop of load-bearing material 910a and pulleys 915,930a, 930b, 930c form a two-level whippletree configuration with the first level defined by pulley 915 and the second level defined by pulleys 930; Hammerslag, Paragraphs 200, 204 and Figures 28-29, three-tiered whipple tree tension evener 810,812, 832,834, 822,824 ) is a multi-tier whippletree.
Regarding claim 4, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the whippletree 915,930a,930b,930c comprises one or more pulleys 915,930a,930b,930c (Paragraph 89 and Figure 9B) disposed for engaging with the substantially inextensible strands of the tension member 910a,920a,920b,920c.
Regarding claim 5, the combination of Witherspoon in view of Hammerslag discloses the invention as described above but fails to explicitly disclose wherein the one or more pulleys comprise of one of wood, metal, and a polymer, and wherein pulleys comprising polymer comprise one of injection- molded pulleys and three-dimensionally printed pulleys.
Hammerslag further teaches wherein the one or more pulleys comprise metal (Paragraphs 106 and 203, pulley guides 810,812, 832,834, 822,824 made of metal).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the one or more pulleys of Witherspoon in view of Hammerslag, so that the material is metal, as taught by Hammerslag, in order to provide an improved wearable brace garment with an enhanced tension evener having pulleys formed of metal for desirable low-friction application in transferring forces (Hammerslag, Paragraphs 106 and 203).
Regarding claim 6, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the whippletree 915,930a,930b,930c comprises threadable members 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 930a,930b,930c are figure eight clip allowing for straps 920 to be threaded onto pulleys 930; This is the structure as defined by the 35 USC 112f analysis above) disposed for engaging with the substantially inextensible strands of the tension member 910,920a,920b,920c.
Regarding claim 7, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the threadable members 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 930a,930b,930c are figure eight clip defining a looped eyelet allowing for straps 920 to be threaded onto pulleys 930) include eyelets disposed for engaging with the substantially inextensible strands of the tension member 920a,920b,920c.
However, the combination of Witherspoon in view of Hammerslag fails to explicitly disclose wherein the rings are made out of one of wood, metal, and a polymer, wherein polymer threadable members are one of injection-molded and three-dimensionally printed.
Hammerslag further teaches wherein the one or more analogous eyelets (Paragraphs 106 and 203, guides 810,812, 832,834, 822,824 with slotted eyelets made of metal) comprise metal.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the one or more rings of Witherspoon in view of Hammerslag, so that the material is metal, as taught by Hammerslag, in order to provide an improved wearable brace garment with an enhanced tension evener having pulleys formed of metal for desirable low-friction application in transferring forces (Hammerslag, Paragraphs 106 and 203).
Regarding claim 13, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the three-dimensional spatial path (Paragraph 25, 42-43, 62, 83, 89, and Figure 9b, body harness with straps 920 wraps around body joint segment and applies forces across body joint segment, such as knee or ankle, for stabilizing user’s joint during recovery) of the tension member 910,920a,920b,920c is configured to extend around a limb articulating at the articulating joint.
Regarding claim 15, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the wearable brace garment (Paragraph 25, 42-43, 62, 83, 89, and Figure 9b, body harness wraps around body joint segment and applies forces across body joint segment, such as ankle, for stabilizing user’s joint during recovery) is configured to stabilize an ankle.
Regarding claim 26, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the tension evener 915,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920 through pulleys 915, 930a, 930b, 930c in tension-wise communication to evenly distribute forces from a tether to the tether pulley 915 and then to the straps 920,920b,920c) distributes tension to the plurality of strands 910a,920a,920b,920c on the articulating joint (Paragraphs 8, 25, 42-43, 62, 83, 126, and Figure 9b).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959), as applied to claim 2, and in further view of Toleman (U.S. Patent Pub. No. 20040200869).
Regarding claim 8, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoon further discloses wherein the whippletree 915,930a,930b,930c comprises a plurality of loops 930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 930a,930b,930c are figure eight clip defining a looped eyelet allowing for straps 920 to be threaded onto pulleys 930) disposed for engaging with the substantially inextensible strands of the tension member 920a,920b,920c. However, the combination of Witherspoon in view of Hammerslag fails to explicitly disclose the plurality of loops comprises one of substantially inextensible fabric and substantially inextensible cables.
Toleman teaches an analogous loop (Paragraph 28 and Figure 4, inextensible loop 11 for connecting with strap 2) comprises an inextensible cable (Paragraphs 12 and 28, inextensible loop of plastics coated steel cable).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the loops of Witherspoon in view of Hammerslag, so that the loops are formed of an inextensible cable, as taught by Toleman, in order to provide an improved wearable brace garment with an enhanced tension evener having loops formed of inextensible cable to provide connection with the tension members (Toleman, Paragraphs 12 and 28) to allow for distribution of forces via the inextensible cabled loops.
Claims 9, 12, and 27 as applied to claim 1 and 26, respectively, are rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959) and in further view of Picchione (U.S. Patent No. 4216547).
Regarding claim 9, the combination of Witherspoon in view of Hammerslag discloses the invention as described above. Witherspoonfurther discloses a web portion (Paragraph 89 and Figure 9B, strap strands 920a, 920b, 920c form web portion as they laterally and 3-dimensionally spaced about body joint segment) comprising the substantially inextensible strands 910,920a, 920b, 920c laterally spread.
However, the combination of Witherspoon in view of Hammerslag fails to explicitly disclose each substantially inextensible strand disposed in a corresponding strand conduit on or within the wearable brace garment.
Picchione teaches an analogous wearable brace garment 16 (Col. 3, lines 28-30 and Figure 1, garment leggings 16) comprising each analogous substantially inextensible strand 28 (Col. 4, line 21 and Figure 1, cable strands 28) disposed in a corresponding strand conduit 30 (Col. 3, lines 43-44 and Figure 1, guide member 30 on leggings 16 encasing cables 28) on or within the analogous wearable brace garment 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify each strand of Witherspoon in view of Hammerslag, so that the strands are disposed in a corresponding strand conduit, as taught by Picchione, in order to provide an improved wearable brace garment with an enhanced tension member having strands that are sleeved in conduits for guiding the strands on the garment in the desired force directions (Picchione, Col. 3, lines 43-44).
Regarding claim 12, the combination of Witherspoon in view of Hammerslag in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the tension evener 915,930a,930b,930c comprises a whippletree (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920 through pulleys 915, 930a, 930b, 930c form a two-tiered whippletree configuration).
Regarding claim 27, the combination of Witherspoon in view Hammerslag discloses the invention as described above. Witherspoon further discloses a web portion (Paragraph 89 and Figure 9B, strap strands 920a, 920b, 920c form web portion as they laterally and 3-dimensionally spaced about body joint segment) comprising the inextensible strands laterally spread 910, 920a, 920b, 920c distributed throughout the brace garment, wherein a force applied from the tension of the tension evener 915,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and pulleys 930a, 930b, 930c in tension-wise communication to evenly distribute forces from the tether pulley 915 to the straps 920,920b,920c) is applied by the web portion (Paragraph 89 and Figure 9B).
However, the combination of Witherspoon in view of Hammerslag fails to explicitly disclose each substantially inextensible strand disposed in a corresponding strand conduit on or within the wearable brace garment.
Picchione teaches an analogous brace garment 16 (Col. 3, lines 28-30 and Figure 1, garment leggings 16) comprising each analogous strand 28 (Col. 4, line 21 and Figure 1, cable strands 28) disposed in a corresponding strand conduit 30 (Col. 3, lines 43-44 and Figure 1, guide member 30 on leggings 16 encasing cables 28 to allow free movement of strands 28) on or within the wearable brace garment 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify each substantially inextensible strand of Witherspoon in view of Hammerslag, so that the each substantially inextensible strand disposed in a corresponding strand conduit on or within the wearable brace garment, as taught by Picchione, in order to provide an improved wearable brace garment with an enhanced tension member having strands that are sleeved in conduits for guiding the strands on the garment in the desired force directions (Picchione, Col. 3, lines 43-44).
Claims 16-23 and 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959) and in further view of Walsh et al. (U.S. Patent Pub. No. 20160107309) and Picchione (U.S. Patent No. 4216547).
Regarding claim 16, Witherspoon discloses a brace garment ( Paragraphs 8, 25, 42-43, 62, 83, 126, and Figure 9b, body harness wraps around body joint segment and applies forces across body joint segment, such as knee or ankle, for stabilizing user’s joint during recovery) wearable by a wearer, the brace garment comprising a tensionable loop 910, 920a,920b,920c (Paragraph 89 and Figure 9B, lace loop 910a and straps 920a, 920b, 920c disposed 3-dimensionally about body joint segment forming closed tensioned loop), and a tension evener 915,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920 through pulleys 915, 930a, 930b, 930c in tension-wise communication to evenly distribute forces from the tether pulley 915 to the straps 920,920b,920c), the tensioner 915 being configured and arranged on the brace garment, the tensionable loop 910,920a,920b,920c comprising a tension member 920a,920b,920c, wherein: the tension member 910,920a,920b,920c comprises a plurality of flexible and substantially longitudinally inextensible strands (Paragraphs 47 and 89, flexible individual strands 920a,920b,920c are inextensible along its length; This is the definition of “substantially” as Applicant’s defines in Specification, Paragraph 94); the brace garment comprises a web portion (Paragraph 89 and Figure 9B, strap strands 920a, 920b, 920c form web portion as they laterally and 3-dimensionally spaced about body joint segment) wherein the plurality of flexible and substantially longitudinally inextensible strands 910,920a,920b,920c is laterally spread; the tensionable loop 910a,920a,920b,920c is configured to be arranged on the brace garment to apply tension about a joint of the wearer to create pressure (Paragraph 54, compressive force applied proximate joint) on the joint of the wearer when the garment is worn by the wearer and the tensionable loop 910a,920a,920b,920c is tensioned; and the tension evener 915,930a,930b,930c is disposed to engage with the plurality of flexible and substantially longitudinally inextensible strands 910,920a,920b,920c and is arranged to apply tension evenly (Paragraph 89 and Figure 9B) among the plurality of flexible and substantially longitudinally inextensible strands 910a,920a,920b,920c.
However, Witherspoon fails to explicitly disclose (1) a tensioner; the tension evener arranged for applying evenly the tension among at least two of the plurality of inextensible strands of the tension member; (2) the tensionable loop is configured to apply a directional force perpendicular to a side of the articulating joint; (3) each flexible and substantially longitudinally inextensible strand is arranged and disposed to freely move along one or more conduits within or on the brace garment.
Hammerslag teaches an analogous wearable brace garment 1300 (Paragraphs 4, 200, 204, and Figures 28-29, wearable clothing with tension mechanism 800 for bracing) with a tensioner 802 (Paragraphs 12, 199 and Figure 28, adjustable tensioner reel 802 that is operatable by a user for increasing or decreasing tension to the system as a whole) associated with the analogous tension evener 810,812, 832,834 822,824 (Paragraphs 200, 204 and Figures 28-29, retainers guides 810,812, 832,834 822,824 acting as pulleys for tension member strands 23a,23b 1334 for evening the tension ) and arranged for adjusting tension in the analogous tension member 23a,23b (Paragraphs 200, 204 and Figures 28-29, cables 23a,23b); the analogous tension evener tension-wise in communication with the tensioner 802 and arranged for applying evenly the tension from the tensioner 802 among at least two 23a,23b of the analogous plurality of inextensible strands (Paragraph 111, inextensible material of lace) of the analogous tension member 23a,23b.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the tension evener and tension members of Witherspoon, so that there is a tensioner disposed on the wearable brace garment and arranged for adjusting a tension in the tension member; the tension evener tension-wise in communication with the tensioner and arranged for applying evenly the tension from the tensioner among at least two of the plurality of inextensible strands of the tension member, as taught by Hammerslag, in order to provide an improved wearable brace garment with an enhanced tiered tension evener pulley/guides that receives two of the strands of the tension member to even the tension that is adjustably provided by a tensioner more upstream/proximal than the tension evener (Hammerslag, Paragraphs 4, 199-200, and 204).
However, the combination of Witherspoon in view of Hammerslag fails to explicitly disclose (2) the tensionable loop is configured to apply a directional force perpendicular to a side of the articulating joint; (3) each flexible and substantially longitudinally inextensible strand is arranged and disposed to freely move along one or more conduits within or on the brace garment.
Walsh teaches an analogous wearable brace garment 100 (Paragraph 61 and Figure 1, wearable brace exosuit 100) the analogous tensionable loop 107 (Paragraphs 61, 66-67, 71, 76, 113, 216, 257, and 263 and Figures 1-2a, closed tension member 107 for transferring load from hips to ankle through knee, thereby forming a loop in as much as Applicant’s tension member forms a loop. Also, tension members 107 are located on medial/lateral sides of user’s anterior patella knee joint, thereby providing directional compressive pressure inwards/perpendicular to knee when tensioned/tightened) is configured to apply a directional force perpendicular to a side of the articulating joint.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a path (Witherspoon, Paragraph 43, tension member at front/back of knee) of the tensionable loop at the articulating joint of Witherspoon Hammerslag, so that the path of the tensionable loop is configured to apply a directional force perpendicular to a side of the articulating joint, as taught by Walsh, in order to provide an improved wearable brace garment with an enhanced tensionable loop that follows a path on lateral and medial sides of the knee to transfer forces thereat, and when tightened provide perpendicular support forces to stabilize the axis of the knee from medial or lateral inversion/eversions (Walsh, Paragraphs 61, 66-67, 71, and 76).
However, the combination of Witherspoon in view of Hammerslag in view of Walsh fails to explicitly disclose (3) each flexible and substantially longitudinally inextensible strand is arranged and disposed to freely move along one or more conduits within or on the brace garment.
Picchione teaches an analogous brace garment 16 (Col. 3, lines 28-30 and Figure 1, garment leggings 16) comprising each analogous strand 28 (Col. 4, line 21 and Figure 1, cable strands 28) is arranged and disposed to freely move along one or more conduits 30 (Col. 3, lines 43-44 and Figure 1, guide member 30 on leggings 16 encasing cables 28 to allow free movement of strands 28) within or on the analogous brace garment 16.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify each strand of Witherspoon in view of Hammerslag in view of Walsh, so that the strands are arranged to freely move along one or more conduits, as taught by Picchione, in order to provide an improved wearable brace garment with an enhanced tension member having strands that are sleeved in conduits for guiding the strands on the garment in the desired force directions (Picchione, Col. 3, lines 43-44).
Regarding claim 17, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the brace garment (Paragraph 25, 42-43, 62, 83, and Figure 9b, body harness wraps around leg body segment and applies forces across body joint segment, such as knee, for stabilizing user’s knee joint during recovery) is configured for a knee of a leg of the wearer and the web portion (Paragraph 89 and Figure 9B) is configured to in part circle (Paragraph 43 and 83, body harness with straps 920 encircling thigh and calf which comprises distal region of triceps surae) the leg at a distal region of a corresponding triceps surae of the wearer.
Regarding claim 18, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the tension member 910a,920a,920b,920c is configured to be disposed at least partially encircling a thigh of the leg (Paragraph 43 and 83, body harness with straps 920 encircling thigh of user) .
Regarding claim 19, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the brace garment (Paragraph 25, 42, 45, 62, 83, and Figure 9b, body harness wraps around upper and lower torso portions and applies forces across upper and lower torso portions, for stabilizing joints of the torso such as shoulder joints during recovery) is configured to be disposed on a torso having a shoulder joint of the wearer and the web portion (Paragraph 89 and Figure 9B) is configured to grip a portion of the torso opposing the shoulder joint of the wearer (Paragraphs 42, 45, 62, 83, 89 and Figure 9b, straps 920 encircle lower torso portion which is opposite an upper torso portion comprising the shoulder joint).
Regarding claim 20, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the tension member 910a,920a,920b,920c is configured to encircle the torso of the wearer (Paragraph 25, 42, 45, 62, 83, and Figure 9b, body harness wraps around upper and lower torso portions and applies forces across upper and lower torso portions, for stabilizing joints of the torso such as shoulder joints during recovery).
Regarding claim 21, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the tension evener 915,930a,930b,930c comprises a whippletree (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strands 920 through pulleys 915, 930a, 930b, 930c form a whippletree configuration).
Regarding claim 22, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the whippletree 915,930a,930b,930c comprises at least one pulley 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 930a,930b,930c are figure eight clip allowing for strands 920 to be threaded onto pulleys) disposed for engaging with the flexible and substantially longitudinally inextensible strands of the tension member 910,920a,920b,920c, or threadable members 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 915,930a,930b,930c are figure eight clip allowing for straps 920 to be threaded onto pulleys 930; This is the structure as defined by the 35 USC 112f analysis above) disposed for engaging with the flexible and substantially longitudinally inextensible strands of the tension member 910a,920a,920b,920c
Regarding claim 23, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the threadable members 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 930a,930b,930c are figure eight clip defining a looped eyelet allowing for straps 920 to be threaded onto pulleys 930) include eyelets disposed for engaging with the flexible and substantially inextensible strands of the tension member 920a,920b,920c.
Regarding claim 28, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above and further discloses wherein the tension member (Walsh, Paragraphs 61, 66-67, 71, 76, 113, 216, 257, and 263 and Figures 1-2a, closed tension member 107 for transferring load from hips to ankle through knee, thereby forming a loop in as much as Applicant’s tension member forms a loop. Also, tension members 107 are located on medial/lateral sides of user’s anterior patella knee joint, thereby providing directional compressive pressure inwards/perpendicular to knee when tensioned/tightened) is disposed for applying a force to a side of the articulating joint when tension is applied in the tension member (Witherspoon, Paragraph 88 and Figure 9B, strands 920a,b,c and lace 910 ; Hammerslag, Paragraphs 200 and 204, laces 23a,23b).
Regarding claim 29, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the tension evener 915,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a an strands 920a,b,c through pulleys 915, 930a, 930b, 930c in tension-wise communication to evenly distribute forces from a tether to the tether pulley 915 and then to the straps 920,920b,920c) distributes tension to the plurality of strands 910, 920a,920b,920c configured to be arranged about the articulating joint the articulating joint (Paragraphs 8, 25, 42-43, 62, 83, 126, and Figure 9b).
Regarding claim 30, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein a force applied from the tension evener 915,930a,930b,930c (Paragraph 89 and Figure 9B, loop of load-bearing material 910a and strnads 920a,b,c through pulleys 915, 930a, 930b, 930c in tension-wise communication to evenly distribute forces from a tether to the tether pulley 915 and then to the straps 920,920b,920c) is applied by the inextensible portion of the web portion (Paragraph 89 and Figure 9B, strap strands 920a, 920b, 920c form web portion as they laterally and 3-dimensionally spaced about body joint segment).
Regarding claim 31, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above and further discloses wherein the tension member (Witherspoon, Paragraph 88 and Figure 9B, strands 920a,b,c and lace 910 ; Hammerslag, Paragraphs 200 and 204, laces 23a,23b; Walsh, Paragraphs 61, 66-67, 71, 76, 113, 216, 257, and 263 and Figures 1-2a, closed tension member 107 for transferring load from hips to ankle through knee, thereby forming a loop in as much as Applicant’s tension member forms a loop. Also, tension members 107 are located on medial/lateral sides of user’s anterior patella knee joint, thereby providing directional compressive pressure inwards/perpendicular to knee when tensioned/tightened) is arranged on the wearable brace garment about the articulating joint for applying a directional force perpendicular to a side of the articulating joint
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959) in view of Walsh et al. (U.S. Patent Pub. No. 20160107309) in view of Picchione (U.S. Patent No. 4216547), as applied to claim 21, and in further view of Toleman (U.S. Patent Pub. No. 20040200869).
Regarding claim 24, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione discloses the invention as described above. Witherspoon further discloses wherein the whippletree 915,930a,930b,930c comprises a plurality of loops 915,930a,930b,930c (Paragraph 88 and Figure 9B, pulleys 915,930a,930b,930c are figure eight clip defining a looped eyelet allowing for lace 910 and strands 920 to be threaded onto pulleys) disposed for engaging with the flexible and substantially longitudinally inextensible strands of the tension member 910a,920a,920b,920c. However, the combination of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione fails to explicitly disclose the plurality of loops comprises one of substantially inextensible fabric and substantially inextensible cables.
Toleman teaches an analogous loop (Paragraph 28 and Figure 4, inextensible loop 11 for connecting with strap 2) comprises an inextensible cable (Paragraphs 12 and 28, inextensible loop of plastics coated steel cable).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the loops of the tension evener of Witherspoon in view of Hammerslag in view of Walsh in view of Picchione, so that the loops are formed of an inextensible cable, as taught by Toleman, in order to provide an improved wearable brace garment with an enhanced tension evener having loops formed of inextensible cable to provide connection with the tension members (Toleman, Paragraphs 12 and 28) to allow for distribution of forces via the inextensible cabled loops.
18. Claims 14 and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Witherspoon et al. (U.S. Patent Pub. No. 20180049903) in view of Hammerslag et al. (U.S. Patent Pub. No. 20100299959), as applied to claim 1, and in further view of Walsh et al. (U.S. Patent Pub. No. 20160107309) .
Regarding claim 14, the combination of Witherspoon in view of Hammerslag discloses the invention as described above but fails to explicitly disclose the tension member is further configured and arranged on the garment about the articulating joint for applying a directional force perpendicular to a side of the articulating joint.
Walsh teaches an analogous wearable brace garment 100 (Paragraph 61 and Figure 1, wearable brace exosuit 100) the analogous tension member107 (Paragraphs 61, 66-67, 71, 76, 113, 216, 257, and 263 and Figures 1-2b, closed tension member 107 for transferring load from hips to ankle through knee, thereby forming a loop in as much as Applicant’s tension member forms a loop. Also, tension members 107 are located on medial/lateral sides of user’s anterior patella knee joint, thereby providing directional compressive pressure inwards/perpendicular to knee when tensioned/tightened) is further configured and arranged on the analogous wearable brace garment 100 about the articulating joint for applying a directional force perpendicular to a side of the articulating joint.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a path (Witherspoon, Paragraph 43, tension member at front/back of knee) of the tension member at the articulating joint of Witherspoon Hammerslag, so that the path of the tension member is configured to apply a directional force perpendicular to a side of the articulating joint, as taught by Walsh, in order to provide an improved wearable brace garment with an enhanced tension member that follows a path on lateral and medial sides of the knee to transfer forces thereat, and when tightened provide perpendicular support forces to stabilize the axis of the knee from medial or lateral inversion/eversions (Walsh, Paragraphs 61, 66-67, 71, and 76).
Regarding claim 25, the combination of Witherspoon in view of Hammerslag discloses the invention as described above but fails to explicitly disclose wherein the tension member is disposed for applying a force to a side of the articulating joint when tension is applied in the tension member.
Walsh teaches an analogous wearable brace garment 100 (Paragraph 61 and Figure 1, wearable brace exosuit 100) the analogous tension member107 (Paragraphs 61, 66-67, 71, 76, 113, 216, 257, and 263 and Figures 1-2b, closed tension member 107 for transferring load from hips to ankle through knee, thereby forming a loop in as much as Applicant’s tension member forms a loop. Also, tension members 107 are located on medial/lateral sides of user’s anterior patella knee joint, thereby providing directional compressive pressure inwards/perpendicular to knee when tensioned/tightened) is disposed for applying a force to a side of the articulating joint when tension is applied in the analogous tension member107.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a path (Witherspoon, Paragraph 43, tension member at front/back of knee) of the tension member at the articulating joint of Witherspoon Hammerslag, so that the path of the tension member is is disposed for applying a force to a side of the articulating joint when tension is applied in the tension member, as taught by Walsh, in order to provide an improved wearable brace garment with an enhanced tension member that follows a path on lateral and medial sides of the knee to transfer forces thereat, and when tightened provide perpendicular support forces to stabilize the axis of the knee from medial or lateral inversion/eversions (Walsh, Paragraphs 61, 66-67, 71, and 76).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lipov (US 4862523 A) teaches a wearable brace garment with tension members.
Conclusion
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786