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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/30/2026 has been entered.
Status of Claims
Claim(s) 21, 26, 28-29, 31-37, 41 is/are pending of which Claim(s) 21 and 41 is/are presented in independent form. Claims 21 and 41 amended.
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Response to Arguments
Applicant’s arguments with respect to claim(s) 21 and 41 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new reference Nayfa (US 9775736 B2) has been provided for the newly amended language as seen in the rejection below.
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.
Claims 41 are rejected under 35 U.S.C. 103 as being unpatentable over Snow (US 20200069452 A1) in view of Nayfa (US 9775736 B2).
With respect to claim 40, Snow discloses A hip brace kit (Fig 1), comprising:
an upper assembly (Fig 5A), comprising:
a first base configured to be disposed against a hip of a user (Fig 5A, base 105),
an upper arm extending from the first base (Fig 5D, member 215 with a first upper arm part and first extension part connected via hinge 330),
an upper extension (Fig 5D, upper arm 215 with a first upper arm part and first extension part connected via hinge 330), and
an upper articulating joint pivotally coupling the upper extension to the upper arm (Fig 5A, articulating worm gear joint 330);
a lower assembly (Fig 5B), comprising:
a second base configured to be disposed against a thigh of the user (Fig 5B, base 110),
a lower arm extending from the second base (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335),
a lower extension (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335), and
a lower articulating joint pivotally coupling the lower extension to the lower arm (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335); and
a pivot assembly configured to pivotally couple the upper assembly to the lower assembly (Fig 5A, pivot 512).
Snow does not disclose wherein the upper extension comprises an upper assembly ring, the lower extension comprises a lower assembly ring, the pivot assembly comprising: an upper cup having an upper central neck extending through the at least one upper assembly ring and the lower assembly ring, and a lower cup having a lower central neck extending through the at least one upper assembly ring and the lower assembly ring and coupling with the upper central neck to form a pivot housing that defines: an annular channel, defined by an outer diameter of the upper and lower central necks, holding the upper assembly ring and the lower assembly ring coaxially therein, the annular channel having a central axis, and a hollow space, defined by an inner diameter of the upper and lower central necks, having the central axis and extending through the pivot assembly, the at least one upper assembly ring and the lower assembly ring, the hollow space remaining hollow during operation of the hip brace.
However, Nayfa teaches an analogous pivot assembly (Fig. 3-4) comprising an analogous upper extension 14 and lower extension 20 (Fig. 3),
the pivot assembly comprising:
wherein the upper extension 14 comprises an upper assembly ring (Fig. 3, ring hole in the lower end of the upper extension 14 is an upper assembly ring),
the lower extension 20 comprises a lower assembly ring (Fig. 3, ring hole in the upper end of the lower extension 20 is a lower assembly ring),
an upper cup 62 having an upper central neck 44 extending through the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hinge 42 may of Fig. 3 may be assembled as two parts 62/48 as shown in Fig. 4, piece 62 being an upper cup 62 therein which would extend through both rings of the extensions 14/20 as shown in Fig. 3), and
a lower cup 48 having a lower central neck 68 extending through the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hinge 42 may of Fig. 3 may be assembled as two parts 62/48 as shown in Fig. 4, piece 48 being a lower cup 48 therein which would extend through both rings of the extensions 14/20 as shown in Fig. 3) and coupling with the upper central neck to form a pivot housing 42 (Fig. 3-4, the lower cup 48 couples with the upper cup 62 for form the pivot housing 42) that defines:
an annular channel 46, defined by an outer diameter of the upper and lower central necks, holding the upper assembly ring and the lower assembly ring coaxially therein (Fig. 3-4, annular channel 46 formed by the outer surfaces/diameters of the central necks 44/68 holding the rings of the upper and lower extensions 14/20 as shown, rings are coaxial therein),
the annular channel 46 having a central axis (Fig. 3-4, central axis being the axis through the hollow center), and
a hollow space, defined by an inner diameter of the upper and lower central necks, having the central axis and extending through the pivot assembly (Fig. 3-4, there is a hollow space running through the center of the joint having the central axis therein and extending through the pivot assembly, the hollow space defined by the inner diameter of the necks 44/68), the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hollow space extends though the rings), the hollow space remaining hollow during operation of the brace (Fig. 3-4, 5A, hollow space remains hollow).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the upper and lower extensions and the pivot assembly of Snow to have the pivot assembly, rings, and upper/lower cup structures as taught by Nayfa as this pivot assembly provides for improved comfort by providing a hollow space for body parts to extend therethrough at the hinge and also may provide resistance from side to side motion (Nayfa Fig. 5A, Abstract, Col. 1 lines 31-45, Col. 3 lines 40-50, the open/hollow space formed enables the ankle bone to extend therethrough for reducing irritation from contact therein, many other joints of the body also often have protrusions therein especially for people underweight thus providing such hollow would enable the hip brace to avoid potential irritations from bony protrusions of the hip/knee joints from causing irritation; also provides side-to-side motion resistance).
Claims 21, 26, 28, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Snow (US 20200069452 A1) in view of Nayfa (US 9775736 B2) in view of Lee (US 20190151133 A1).
With respect to Claim 21, Snow discloses A hip brace kit (Fig 1), comprising:
an upper assembly (Fig 5A), comprising:
a first base configured to be disposed against a hip of a user (Fig 5A, base 105),
an upper arm extending from the first base (Fig 5D, member 215 with a first upper arm part and first extension part connected via hinge 330),
an upper extension comprising an aperture (Fig 5D, upper arm 215 with a first upper arm part and first extension part connected via hinge 330),
an upper articulating joint pivotally coupling the upper extension to the upper arm about a first upper axis (Fig 5A, articulating worm gear joint 330), and
an upper adjustment assembly configured to continuously adjust an adduction or an abduction of the upper arm with respect to the upper extension about the first upper axis and, thereby, continuously adjust a corresponding adduction or abduction of a thigh of the user with respect to the hip of the user when the brace is worn by the user ([0024], hinges 330, 335 may be implemented using worm gear and move the arm so as to cause abduction and addiction with respect to the thigh), the upper adjustment assembly comprising:
an upper knuckle configured to rotate about the first upper axis and carrying outwardly-directed teeth ([0024], movement of member 510 causes movement of a worm gear which then causes movement of joint 330, therefore joint 330 must have some knuckle as is required by a worm screw joint); and
an upper worm screw configured to rotate about a second upper axis that is substantially perpendicular to the first upper axis and having teeth that are directly engaged with the teeth of the upper knuckle ([0024], movement of member 510 causes movement of a worm gear which then causes movement of joint 330), wherein rotational movement of the upper worm screw about the second upper axis imparts adduction or abduction of the upper arm with respect to the upper extension and imparts the corresponding adduction or abduction of the thigh of the user with respect to the hip of the user when the brace is worn by the user ([0024], hinges 330, 335 may be implemented using worm gear which cause abduction and adduction);
a lower assembly (Fig 5B), comprising:
a second base configured to be disposed against a thigh of the user (Fig 5B, base 110),
a lower arm extending from the second base (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335),
a lower extension comprising an aperture (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335), and
a lower articulating joint pivotally coupling the lower extension to the lower arm about a first lower axis (Fig 5B, member 220 with an lower arm part and a lower extension connected via joint 335); and
a pivot assembly configured to pivotally couple the upper assembly to the lower assembly (Fig 5A, pivot assembly 512).
Snow does not disclose wherein the upper extension comprises an upper assembly ring, the lower extension comprises a lower assembly ring, the pivot assembly comprising: an upper cup having an upper central neck extending through the at least one upper assembly ring and the lower assembly ring, and a lower cup having a lower central neck extending through the at least one upper assembly ring and the lower assembly ring and coupling with the upper central neck to form a pivot housing that defines: an annular channel, defined by an outer diameter of the upper and lower central necks, holding the upper assembly ring and the lower assembly ring coaxially therein, the annular channel having a central axis, and a hollow space, defined by an inner diameter of the upper and lower central necks, having the central axis and extending through the pivot assembly, the at least one upper assembly ring and the lower assembly ring, the hollow space remaining hollow during operation of the hip brace.
However, Nayfa teaches an analogous pivot assembly (Fig. 3-4) comprising an analogous upper extension 14 and lower extension 20 (Fig. 3),
the pivot assembly comprising:
wherein the upper extension 14 comprises an upper assembly ring (Fig. 3, ring hole in the lower end of the upper extension 14 is an upper assembly ring),
the lower extension 20 comprises a lower assembly ring (Fig. 3, ring hole in the upper end of the lower extension 20 is a lower assembly ring),
an upper cup 62 having an upper central neck 44 extending through the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hinge 42 may of Fig. 3 may be assembled as two parts 62/48 as shown in Fig. 4, piece 62 being an upper cup 62 therein which would extend through both rings of the extensions 14/20 as shown in Fig. 3), and
a lower cup 48 having a lower central neck 68 extending through the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hinge 42 may of Fig. 3 may be assembled as two parts 62/48 as shown in Fig. 4, piece 48 being a lower cup 48 therein which would extend through both rings of the extensions 14/20 as shown in Fig. 3) and coupling with the upper central neck to form a pivot housing 42 (Fig. 3-4, the lower cup 48 couples with the upper cup 62 for form the pivot housing 42) that defines:
an annular channel 46, defined by an outer diameter of the upper and lower central necks, holding the upper assembly ring and the lower assembly ring coaxially therein (Fig. 3-4, annular channel 46 formed by the outer surfaces/diameters of the central necks 44/68 holding the rings of the upper and lower extensions 14/20 as shown, rings are coaxial therein),
the annular channel 46 having a central axis (Fig. 3-4, central axis being the axis through the hollow center), and
a hollow space, defined by an inner diameter of the upper and lower central necks, having the central axis and extending through the pivot assembly (Fig. 3-4, there is a hollow space running through the center of the joint having the central axis therein and extending through the pivot assembly, the hollow space defined by the inner diameter of the necks 44/68), the at least one upper assembly ring and the lower assembly ring (Fig. 3-4, the hollow space extends though the rings), the hollow space remaining hollow during operation of the brace (Fig. 3-4, 5A, hollow space remains hollow).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the upper and lower extensions and the pivot assembly of Snow to have the pivot assembly, rings, and upper/lower cup structures as taught by Nayfa as this pivot assembly provides for improved comfort by providing a hollow space for body parts to extend therethrough at the hinge and also may provide resistance from side to side motion (Nayfa Fig. 5A, Abstract, Col. 1 lines 31-45, Col. 3 lines 40-50, the open/hollow space formed enables the ankle bone to extend therethrough for reducing irritation from contact therein, many other joints of the body also often have protrusions therein especially for people underweight thus providing such hollow would enable the hip brace to avoid potential irritations from bony protrusions of the hip/knee joints from causing irritation; also provides side-to-side motion resistance).
While the worm screw of Snow must have the “an upper knuckle configured to rotate about the first upper axis and carrying outwardly-directed and an upper worm screw configured to rotate about a second upper axis that is substantially perpendicular to the first upper axis and having teeth that are directly engaged with the teeth of the upper knuckle” in order to function as described, it is not directly stated.
Lee teaches an worm screw joint analogous adjustment assembly having comprising: a knuckle configured to rotate about the first upper axis and carrying outwardly-directed teeth (Fig 3, knuckle 15, teeth 151, axis along longitudinal length of knuckle); and a worm screw configured to rotate about a second upper axis that is perpendicular to the first upper axis and having teeth that are directly engaged with the teeth of the upper knuckle (Fig 3, worm screw 142), wherein rotational movement of the upper worm screw about the second upper axis imparts adduction or abduction of the upper arm with respect to the upper extension (Fig 5, [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the worm screw joint of Snow to have the mechanics system as taught by Lee in order to more easily adjust the joint at any time (Lee [0004]).
With respect to Claim 26, Snow/Nayfa/Lee discloses The hip brace kit of claim 21, wherein the upper adjustment assembly prevents any change in the adjustable adduction or abduction of the upper arm with respect to the at least one upper assembly ring except by rotation of the upper worm screw (Lee [0004], Fig 3, there is no method of adjustment of the adjustment assembly except through some movement of the worm screw 142).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the worm screw joint of Snow to have the mechanics system as taught by Lee in order to more easily adjust the joint at any time (Lee [0004]).
With respect to Claim 28, Snow/Nayfa/Lee discloses The hip brace kit of claim 21, wherein the lower assembly further comprises a lower adjustment assembly configured to adjust the adduction or abduction of the lower arm with respect to the lower extension about the first lower axis and, thereby, further adjust the corresponding adduction or abduction of the thigh of the user with respect to the hip of the user when the brace is worn by the user ([0024], hinge 335 is worm gear which cause abduction and adduction), the lower adjustment assembly comprising:
a lower knuckle configured to rotate about the first lower axis and carrying outwardly-directed teeth ([0024], movement of member 522 causes movement of a worm gear which then causes movement of joint 335, therefore joint 335 must have some knuckle as is required by a worm screw joint); and
a lower worm screw configured to rotate about a second lower axis that is substantially perpendicular the first lower axis and having teeth that are directly engaged with the teeth of the knuckle ([0024], movement of member 522 causes movement of a worm gear which then causes movement of joint 335), wherein rotational movement of the lower worm screw about the second lower axis imparts the adduction or abduction of the lower arm with respect to the lower extension and further adjusts the corresponding adduction or abduction of the thigh of the user with respect to the hip of the user when the brace is worn by the user ([0024], hinges 330, 335 may be implemented using worm gear which cause abduction and adduction).
While the worm screw of Snow must have the “a lower knuckle configured to rotate about the first lower axis and carrying outwardly-directed teeth; and a lower worm screw configured to rotate about a second lower axis that is substantially perpendicular the first lower axis and having teeth that are directly engaged with the teeth of the knuckle” in order to function as described, it is not directly stated.
Lee teaches an worm screw joint analogous adjustment assembly having comprising: a knuckle configured to rotate about the first lower axis and carrying outwardly-directed teeth (Fig 3, knuckle 15, teeth 151, axis along longitudinal length of knuckle); and a worm screw configured to rotate about a second lower axis that is perpendicular to the first lower axis and having teeth that are directly engaged with the teeth of the lower knuckle (Fig 3, worm screw 142), wherein rotational movement of the upper worm screw about the second lower axis imparts adduction or abduction of the lower arm with respect to the lower extension (Fig 5, [0017]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the worm screw joint of Snow to have the mechanics system as taught by Lee in order to more easily adjust the joint at any time (Lee [0004]).
With respect to claim 29, Snow/Nayfa/Lee discloses The hip brace kit of claim 28, wherein the lower adjustment assembly prevents any change in the adjustable adduction or abduction of the lower arm with respect to the lower extension except by rotation of the lower worm screw (Lee [0004], Fig 3, there is no method of adjustment of the adjustment assembly except through some movement of the worm screw 142).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the worm screw joint of Snow to have the mechanics system as taught by Lee in order to more easily adjust the joint at any time (Lee [0004]).
Claims 31-37 are rejected under 35 U.S.C. 103 as being unpatentable over Snow (US 20200069452 A1) in view of Nayfa (US 9775736 B2) in view of Lee (US 20190151133 A1), and further in view of McCune (US 20100256543 A1).
With respect to claim 31, Snow/Nayfa/Lee discloses The hip brace kit of claim 21.
Snow/Lee is silent on wherein: the upper arm comprises a plurality of upper slots; and the first base comprises a first buckle comprising a first button, and the first button comprises a tooth configured to project into any one of the plurality of upper slots and, thereby, hold the first base in a desired offset location with respect to the pivot assembly.
McCune teaches an analogous pivoting orthosis having an upper and lower arm (Fig 2a, Fig 4) wherein: the upper arm comprises a plurality of upper slots (Fig 9, slots 82); and the first base comprises a first buckle comprising a first button (Fig 10, buckle 24 with button 80), and the first button comprises a tooth configured to project into any one of the plurality of upper slots and, thereby, hold the first base in a desired offset location with respect to the pivot assembly ([0038], teeth 81 that lock the buckle 24 relative to the pivot 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 32, Snow/Nayfa/Lee/McCune discloses The hip brace kit of claim 31, wherein depressing the first button causes the tooth to retract from the one of the plurality of upper slots, thereby, allowing the first base to slide freely along the upper arm for alternative disposal of the tooth in any one of the plurality of upper slots (McCune [0038], teeth 81 that lock the buckle 24, when pressed and unlocked allow sliding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 33, Snow/Nayfa/Lee discloses The hip brace kit of claim 21.
Snow/Nayfa/Lee is silent on wherein: the lower arm comprises a plurality of lower slots; and the second base comprises a second buckle comprising a second button, and the second button comprises a tooth configured to project into any one of the plurality of lower slots and, thereby, hold the second base in a desired offset location with respect to the pivot assembly.
McCune teaches an analogous pivoting orthosis having an upper and lower arm (Fig 2a, Fig 4) wherein: the lower arm comprises a plurality of lower slots (Fig 9, slots 82 on lower arm 23); and the second base comprises a second buckle comprising a second button (Fig 3, second base buckle 27 with button 80), and the second button comprises a tooth configured to project into any one of the plurality of lower slots and, thereby, hold the second base in a desired offset location with respect to the pivot assembly ([0038], teeth 81 that lock the buckle 27 relative to the pivot 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 34 Snow/Nayfa/Lee/McCune discloses The hip brace kit of claim 33, wherein depressing the second button causes the tooth to retract from the one of the plurality of lower slots, thereby, allowing the second base to slide freely along the lower arm for alternative disposal of the tooth in any one of the plurality of lower slots (McCune [0038], teeth 81 that lock the buckle 27, when pressed and unlocked allow sliding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 35, Snow/Nayfa/Lee/McCune discloses The hip brace kit of claim 33.
Snow/Nayfa/Lee/McCune as they are currently combined is silent on further comprising a third base disposed on the lower arm between the lower articulating joint and the second base, the third base comprising a third buckle comprising a third button, and the third button comprises a tooth configured to project into at least one of the plurality of lower slots and, thereby, hold the third base in a desired offset location with respect to the pivot assembly.
McCune further teaches further comprising a third base disposed on the lower arm between the lower articulating joint and the second base (Fig 3, third base 26), the third base comprising a third buckle comprising a third button (Fig 3, third buckle 26 with button 80), and the third button comprises a tooth configured to project into at least one of the plurality of lower slots and, thereby, hold the third base in a desired offset location with respect to the pivot assembly ([0038], teeth 81 that lock the buckle 26 relative to the pivot 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 36, Snow/Nayfa/Lee/McCune discloses The hip brace kit of claim 35, wherein depressing the third button causes the tooth of the third button to retract from the at least one of the plurality of lower slots, thereby allowing the third base to slide freely along the lower arm (McCune [0038], teeth 81 that lock the buckle 26, when pressed and unlocked allow sliding).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
With respect to claim 37, Snow/Nayfa/Lee/McCune discloses The hip brace kit of claim 35, wherein the third base is configured to be disposed against the thigh of the user and, thereby, function as a thigh bolster to increase an amount of leverage during abduction of the thigh of the user (McCune Fig 3, [0018], if the pivot 21 is at the hip, then the third base 26 is configured to be at the thigh, device may be modified for a hip).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second bases and the upper and lower arms of Snow/Nayfa/Lee to have the connection system as taught by McCune in order to make the brace easier to adjust in use (McCune [0004]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 4665904 A
US 20050187506 A1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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