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 .
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 17-20, 23, 26-30, and 32 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Cao, CN 211433549 U, which illustrates an apparatus capable of helping to regenerate knee joint cartilages (machine translation: paragraphs 0004, 0006) and comprising a slide part 5 having a holding and supporting apparatus involving foot block 7, calf placement grooves 16, calf straps 17, and foot straps 18, and suitable for fixing a foot, ankle, and calf in a manner free from rotation on slide part 5 (Figure 3; paragraphs 0008-0009, 0025-0026); a support housing frame 1 and board 2 on which slide part 5 is displaceably held (Figures 1-2; paragraphs 0024-0026), board 2 forming a thigh or upper leg supporting region (Figure 5; paragraph 0024) and a clearance gap width (Figures 1-2) corresponding to a movement of slide part 5 relative to board 2 along a predefinable adjustment path (described below); a controllable movement drive 10 (Figure 4) by which slide part 5 is movable to-and-fro relative to support housing 1, 2 via transmission rod 9 hinged to slide part 5 and to transmission plate 11 at column 14 (paragraphs 0024, 0026), the to-and-fro movement being along an adjustment path predefined in such a manner that a predefined compressive/tensile loading can be applied to a user’s knee joint [Figures 1, 5; paragraphs 0007 (“shifting speed is increased with the increase in the speed of the rotation of the wheel shaft”), 0010 (“waist is fixed relative to the bed board and does not move”), 0013 (“the sliding range of the foot plate is large, which is suitable for patients of different heights”), 0024, 0026 (“foot plate 5 is driven to slide through the transmission rod 9”)].
Regarding claim 4, a predefined holding force for the foot, ankle, and calf may be imparted by adjusting the tensioning on calf straps 17 and foot straps 18. Regarding claims 17-18, board or plate 2 includes a thigh or upper leg supporting region (Figure 5; paragraph 0024), with frame 1 being viewed as a support housing. Regarding claims 19-20, the thigh or upper leg supporting region is interpreted to further include waist strap 19 and a proximal portion of sliding cavity 4 (Figures 1-2). Regarding claims 23 and 26, slide part 5 is guided in a longitudinally displaceable manner via opposed sliding edges 6 and complementary U-shaped receptacles in cavity 4 (abstract; Figures 1-3; paragraphs 0007, 0024). Regarding claims 27-30, a patient or other user serves as the controller by rotating handle 15 in order to drive transmission plate 11 and rod 9 for effecting a sinusoidal traction movement of slide part 5 and hence repeated compressive/tensile loading on the knee; “up to” (instant claim 29) is broad, and the manual operation is certainly capable of achieving various speeds and forces as desired. Regarding claim 32, horizontal and other orientations are possible (Figure 5; paragraph 0022).
Claims 1, 17-21, 23, 26-30, and 32 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Anderson, US 2017/0172839 A1, which discloses an apparatus and method for regeneration of knee joint cartilages (paragraphs 0003, 0007, 0011, 0016, 0022-0023, 0027-0033), the apparatus comprising a lower leg sliding support platform 25 (Figures 1-4; paragraphs 0043, 0046-0047); a support housing 6, 16, 20 on which slide part 25 is held in a bidirectionally displaceable 54 manner (Figures 1-3; paragraphs 0040-0042, 0045); and a controllable movement drive in the form of a linear actuator 27 (Figures 1, 5-6) for moving slide part 25 to-and-fro relative to said support housing along a predefinable path such that a defined compressive/tensile loading is applied to the knee joint (paragraphs 0044, 0047). Said support housing has a partial or upper leg support 14-15 suitable for forming a continuous supporting surface from the foot at cushion 31 to a thigh region (Figures 1 and 3); a clearance gap between top surface 24 and seating surface 15 accommodates bidirectional movements of slide part 25 and adjustments between guide housing 21 and main housing 16 (Figures 1 and 4; paragraphs 0040, 0042-0043, 0045-0047).
Regarding claims 17-18 and 32, Figures 1 and 3 clearly depict slide part 25 and partial (upper) leg supporting region 15 as being disposed in an upper (vertical) region of support housing 6, 16, 20, with region 15 protruding from said support housing in a manner of a plate. Regarding claims 19-20, said partial leg supporting region 15 is equipped with fixing devices such as straps 71-73 and support bars 53-54 and includes end-side regions having supporting portions for said straps and bars (Figure 3; paragraphs 0041, 0045). Regarding claim 21, linear actuator 27 is at least partly electrical because of force sensor 35 (paragraph 0044) and control module 69 and central processor (paragraph 0047). Regarding claims 23 and 26, side mounted tracks 22 of slide part 25 “slide within [complementary] shaped rails 51 secured to the outer surface of main housing 16” (paragraph 0043), and both 22 and 51 are of U-shaped cross-section (Figure 5). Regarding claims 27-30, “intermittent traction… to create proper motion” (paragraph 0029), “variable tension force” (paragraph 0032), and intervals and cycles (paragraph 0047) innately comprise one or more sinusoidal traction movements (under Fourier analysis or the like), with said paragraphs further indicating that force magnitudes and time intervals may be varied; “up to” (present claim 29) is broad in scope as to whether or not a specified maximum must be attained.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 22 and 24-25 are rejected under 35 U.S.C. 103 as being unpatentable over Anderson, US 2017/0172839 A1. Regarding claim 22, a spindle for linear actuator 27 and spindle bearing mounted on support housing 6, 16, 20 would have been obvious from Figures 1 and 5-6 in order to facilitate the transmission of movement between slide part 25, on which actuator 27 is mounted (Figure 5), and said support housing at 16 (Figure 6). Regarding claims 24-25, rollers were likewise common in the art at the effective filing date of the instant application and would have been obvious to the one of ordinary skill in the art in order to reduce friction along tracks 22 and rails 51 and hence improve efficiency and lessen the buildup of heat.
Claims 2-3, 5-16, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Cao, CN 211433549 U, in view of Anderson, US 2017/0172839 A1. As noted above, Cao includes a slide part 5 having a holding and supporting apparatus involving foot block 7, calf placement grooves 16, calf straps 17, and foot straps 18, so as to be suitable for fixing a foot, ankle, and calf in a manner free from rotation on slide part 5 (Figure 3; paragraphs 0008-0009, 0025-0026). Cao lacks inflatable bladders for said holding and supporting apparatus. However, such elements are taught by Anderson (Figure 3: air pump 40 and inflatable bladder 55; paragraph 0047), and to incorporate inflatable bladders along foot block 7 and placement grooves 16 of Cao (Figure 3) would have been obvious in order “to firmly secure the leg portion to the support platform” (Anderson: paragraph 0047, first sentence) in an adjustably comfortable manner, with further motivation (to combine) provided by the similarities in purpose and design of the Cao and Anderson systems.
Regarding claims 6-7, an inflatable bladder or shell part forming an inflatable inner region (relative to Cao’s slide part 5 and the user’s lower legs and feet) is exchangeable in that each bladder is provided as a separate component (along with its corresponding air pump 40, as shown in Figure 3 of Anderson). Regarding claim 9, the inflatable bladder or shell part being substantially adapted to a shape of Cao’s foot housing 5, such as a substantially U-shaped cross section defined by each placement groove 16, would have been inherent from the somewhat flexible nature of the bladder and would have been obvious in order to enhance comfort by generally conforming to a user’s anatomy (i.e., size and shape of a user’s feet and lower legs). Regarding claim 11, a plurality of inflatable bladders would have been obvious in order to comfortably and firmly secure both feet and both calf (or ankle) portions of the user’s lower legs. Regarding claim 12, inflatable cushions or bladders connected to a pump via a tube would have been immediately obvious from the illustration in Figure 3 of Anderson (MPEP § 2125) in order to facilitate pressure adjustments by the user. Regarding claim 15, a longitudinal adjustment device would have been obvious from Anderson’s longitudinal adjustment system (Figure 4; paragraph 0042) in order to better adapt to different leg lengths (Cao: abstract, last sentence). Regarding claim 16, Cao’s foot housing 5 is generally in the shape of a rectangular box; as for the claim language “produced from metal sheet”, attention is directed to MPEP § 2113. Regarding claim 31, a plurality of varyingly sized shell or bladder parts would have been obvious to the ordinary practitioner in order to better match foot, ankle, and calf anatomies among a diversity of users or patients. The further limitations of other dependent claims are adequately addressed in the above rejection under 35 U.S.C. 102(a)(1) based on Cao in light of the cited passages and drawings (MPEP § 707).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to David H. Willse, whose telephone number is 571-272-4762. The examiner can normally be reached on Monday through Thursday. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor Melanie Tyson can be reached at telephone number 571-272-9062. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID H WILLSE/ Primary Examiner, Art Unit 3774