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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a second main body described in claims 10 and 15 must be shown or the feature(s) canceled from the claim(s). As best understood in figs.1 and 15, the binding device is divided into panels having a plurality of segments (104) and Applicant has not specifically designated which one would be considered a second main body. For the purpose of examination, the office has subdivided the panels to comprise a first and second main body as set forth in claims 10 and 15. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 2, 7-10 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Robins U.S. Patent No. (4,383,526).
With respect to claim 2, Robins discloses a binding device or splint (shown in figs.1-7) for compressing pelvic structures of a patient ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]) the binding device comprising:
a first main body or base panel (10a, 10b and 10c, figs.1 and 3) that is configured to encircle at least part of the pelvic structure (as shown in figs.5-6) and ([Col.2], lines 11-18), the first main body (10a, 10b and 10c, figs.1 and 3) having a first engagement feature via apertures (46, fig.1) and ([Col. 6], lines 27-31, one segment can be nestably received within another segment and the two segments can be held fast to each other as by cravats extended through aligned apertures] that is configured to engage with a first constriction tourniquet assembly (cravat C, figs.3-4 and 6-7) and ([Col.3], lines 53-63);
wherein the first main body or base panel (10a, 10b and 10c, figs.1 and 3) comprises a plurality of panels (as shown in the reproduced image of fig.1 below) each panel being hingedly connected by a hinged connection via (fold lines 14 and 18, fig.1) and ([Col.3], lines 36-39) to an adjacent panel of the plurality of panels (as shown in fig.1).
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With respect to claim 7, Robins discloses a binding device or splint (shown in figs.1-7) for compressing pelvic structures of a patient ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the binding device comprising:
a first main body or base panel (10a, 10b and 10c, figs.1 and 3) that is configured to encircle at least part of the pelvic structure (as shown in figs.5-6) and ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the first main body (10a, 10b and 10c, figs.1 and 3) having a first engagement feature via apertures (46, fig.1) and ([Col. 6], lines 27-31, one segment can be nestably received within another segment and the two segments can be held fast to each other as by cravats extended through aligned apertures] that is configured to engage with a first constriction tourniquet assembly (cravat C, figs.3-4 and 6-7) and ([Col.3], lines 53-63);
wherein a proximal panel of a plurality of panels of the first main body (as shown in the reproduced image of fig.1 above) is configured to fold against a second panel of the plurality of panels, thereby reducing the length of the first main body (as shown in figs.2-4).
With respect to claim 8, Robins discloses the first engagement feature comprises a primary engagement slot (46, fig.1) and ([Col.3], lines 53-63) defined by the primary panel, the primary engagement slot being configured to receive a portion of the constriction tourniquet assembly or cravat (c) and ([Col.3], lines 53-63).
With respect to claim 9, Robins discloses the second panel defines a secondary engagement slot (46, fig.1) and ([Col.3], lines 53-63) that aligns with the primary engagement slot (46, fig.1) when the proximal panel is folded over the second panel (as shown in figs.2-4).
With respect to claim 10, Robins discloses a binding device or splint (shown in figs.1-7) for compressing pelvic structures of a patient ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the binding device comprising:
a first main body (as shown in the reproduced image of fig.1 below) that is configured to encircle at least part of the pelvic structure (as shown in fig.5) and ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the first main body having a first engagement feature (46, fig.1) and ([Col.3], lines 53-63) that is configured to engage with a first constriction tourniquet assembly or cravat (c) and ([Col.3], lines 53-63);
a second main body having a second engagement feature engagement slot (46, fig.1) coupled to the first main body, wherein:
the tourniquet assembly or cravat (c) and ([Col.3], lines 53-63) comprises an elongated member (as shown in figs.3-4); the first engagement feature is a first engagement slot (46, fig.1) that is defined by a proximal panel (16a-c) of the first main body (as shown in the reproduced image of fig.1 below), the first engagement slot (46) being configured to receive the elongated member of the tourniquet assembly or cravat (c) and ([Col.3], lines 53-63); and the second engagement feature is a second engagement slot (46, fig.1) that is defined by a distal panel (20a-c) of a plurality of panels of the second main body (as shown in the reproduced image of fig.1 below), the second engagement slot (46) being configured to receive the elongated member or cravat (c) of the tourniquet assembly (as shown in figs.3-4).
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With respect to claim 17, Robins discloses a binding device or splint (shown in figs.1-7) for compressing pelvic structures of a patient ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]) the binding device comprising:
a tourniquet assembly or cravat (c) and ([Col.3], lines 53-63);
a binding device comprising a first main body or base panel (10a, 10b and 10c, figs.1 and 3) that is configured to encircle at least part of the pelvic structure ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]) and (figs.5-6), the binding device having a first engagement feature via apertures (46, fig.1) and ([Col. 6], lines 27-31, one segment can be nestably received within another segment and the two segments can be held fast to each other as by cravats extended through aligned apertures] and ([Col.3], lines 53-63) engaged with the tourniquet assembly (cravat C, figs.3-4 and 6-7) and ([Col.3], lines 53-63);
wherein the first main body (10a, 10b and 10c, figs.1 and 3) comprises a plurality of panels (as shown in the image above), each panel being hingedly connected to an adjacent panel of the plurality of panels via (fold lines 14 and 18, fig.1) and ([Col.3], lines 36-39), wherein a first panel of the plurality of panels of the first main body is configured to fold against a second panel of the plurality of panels of the first main body, thereby moving the first main body towards a stowable configuration; Note: fig.1 shows the splint in the expanded or flat position and figs.2-7 shows the splint in the assembled position in which the length of the main body has been shorten, hence, allowing it to be stowed, as for example, underneath a bed or sofa when not in use; ([Col.1], lines 17-22, the primary object of the invention is to provide a traction splint for use as soon as it could be applied to a fractured femur and held in place until the orthopedic surgeon could take corrective measures. The time consumed might range anywhere from five minutes to five hours]. Note: stowed position is being interpreted as “when not in use”;
each panel being hingedly connected by a hinged connection via (fold lines 14 and 18, fig.1) and ([Col.3], lines 36-39) to an adjacent panel of the plurality of panels (as shown in fig.1).
With respect to claim 18, Robins discloses a binding device or splint (shown in figs.1-7) for compressing pelvic structures of a patient ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the binding system comprising:
a tourniquet assembly or cravat (c) and ([Col.3], lines 53-63); and
a binding device comprising a first main body or base panel (10a, 10b and 10c, figs.1 and 3) that is configured to encircle at least part of the pelvic structure ([Col.2], lines 11-18, use in immobilizing such as a broken femur or a hip dislocation, note: the hips are a part of the pelvis]), the binding device having a first engagement feature via apertures (46, fig.1) and ([Col. 6], lines 27-31, one segment can be nestably received within another segment and the two segments can be held fast to each other as by cravats extended through aligned apertures] engaged with the tourniquet assembly (cravat C, figs.3-4 and 6-7) and ([Col.3], lines 53-63);
wherein the first engagement feature via apertures (46, fig.1) comprises a primary engagement slot defined by a proximal panel of a plurality of panels of the first main body (as shown in the reproduced image of fig.1 below), and wherein the tourniquet assembly or cravat (c) comprises an elongated member (c) that is received by the first engagement slot (46, figs.3-5).
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With respect to claim 19, Robins discloses wherein the tourniquet assembly is engaged with a second engagement feature via apertures (46, fig.1) and ([Col. 6], lines 27-31, one segment can be nestably received within another segment and the two segments can be held fast to each other as by cravats extended through aligned apertures] of the binding device (as shown in figs.3-5), the second engagement feature via apertures (46, fig.1) comprising a primary engagement slot defined by a distal panel (as shown in the reproduced image of fig.1 below) of one of the first main body and a second main body (16a-c).
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With respect to claim 20, Robins discloses the plurality of panels of the first main body comprises a second panel hingedly coupled via (fold lines 14 and 18, fig.1) and ([Col.3], lines 36-39) to the proximal panel, the second panel defining a secondary engagement slot (46, fig.1) that aligns with the primary engagement slot (46, figs.1 and 3-5) of the proximal panel when the proximal panel is folded over onto the second panel such that the first engagement feature comprises the secondary engagement slot (as shown in figs.3-5).
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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.
Claim(s) 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Robins as applied to claim 2 above, and further in view of Grohs et al. U.S. Patent No. (6,250,713 B1).
With respect to claim 3, Robins substantially discloses the invention as claimed except the hinged connection is a living hinge.
Grohs et al. however, teaches a lifting member comprising side panels hinged to a main portion, such as by a living hinge ([Col.5], lines 64-67) and (figs.5-6).
In view of the teachings of Grohs et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the hinged connection of Robins by incorporating a living hinge in order to allow the panels to be able to bend or rotate.
With respect to claim 4, the combination of Robins/Grohs et al. substantially discloses the invention as claimed, Robins further discloses the first engagement feature is an engagement slot (46, fig.1) defined by a proximal panel of the plurality of panels, the first engagement slot being configured to receive an elongated member of the tourniquet assembly or cravat (c) and ([Col.3], lines 53-63).
With respect to claim 5, the combination of Robins/Grohs et al. substantially discloses the invention as claimed. Robins further discloses a first panel of the plurality of panels of the first main body is configured to fold against a second panel of the plurality of panels of the first main body (as shown in figs.3-5), thereby moving the first main body towards a stowable configuration; as for example, underneath a bed or sofa when not in use ([Col.1], lines 17-22, the primary object of the invention is to provide a traction splint for use as soon as it could be applied to a fractured femur and held in place until the orthopedic surgeon could take corrective measures. The time consumed might range anywhere from five minutes to five hours]. Note: stowed position is being interpreted as “when not in use”.
With respect to claim 6, the combination of Robins/Grohs et al. substantially discloses the invention as claimed. Robins further discloses each of the plurality of panels of the first main body is folded against at least one other panel of the plurality of panels (as shown in figs.3-5), when the first main body is in the stowable configuration, as for example, underneath a bed or sofa when not in use ([Col.1], lines 17-22, the primary object of the invention is to provide a traction splint for use as soon as it could be applied to a fractured femur and held in place until the orthopedic surgeon could take corrective measures. The time consumed might range anywhere from five minutes to five hours]. Note: stowed position is being interpreted as “when not in use”.
Allowable Subject Matter
Claims 13-15 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The closest prior art drawn to Robins fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in independent claim 15 and dependent claims 14-15 which recite features not taught or suggested by the prior art drawn to Robins.
Robins fails to disclose or fairly suggest the steps of or method of using the device, in combination with the other elements (or steps) of the apparatus and method recited in the claims.
The indicated allowability of claims 2-10 and 17-20 are withdrawn in view of the newly discovered reference(s) to Robins. Rejections based on the newly cited reference(s) follow (see rejection above.
Response to Arguments
Applicant's arguments filed 05/26/2026 have been fully considered but they are not persuasive. Applicant argues the Office fails to explain how a singular mention of hip dislocation in Robins can possibly teach a binding device for compressing a pelvic structure. Instead, the Office merely argues that the hips are a part of the pelvis. But Robins says absolutely nothing about pelvic binding. Furthermore, Robins singular mention of hip dislocation is limited to immobilizing the dislocated hip. A simple internet search quickly reveals that immobilizing a dislocated hip involves immobilization of the leg, which is the subject of Robins.
This is not found to be persuasive, in response to applicant's argument that Robins says absolutely nothing about pelvic binding, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. Furthermore, immobilization can produce localized internal or external compression. Splints, or braces can exert external pressure on blood vessels and soft tissues. Robins utilize the use of cravat for affixing the splint to the anatomy of the user; the cravat can be applied firmly for compression to control bleeding or support a joint.
The Office maintains the drawing objection as to claims 10 and 15 as Applicant failed to show the claimed subject matter a second main body [a second main panel was a typo in the office action to which Applicant pointed out and the correction is shown in the reproduced image of fig.1 of Robins]. As best understood in figs.1 and 15, the binding device is divided into panels having a plurality of segments (104) and Applicant has not specifically designated which one would be considered a second main body. For the purpose of examination, the office has subdivided the panels to comprise a first and second main body as set forth in claims 10 and 15.
The amendment to claim 10 overcomes the 112(b) rejection, therefore, the rejection has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 5712703076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
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