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 .
Response to Amendment
This action is responsive to the amendment filed 01/28/2026. Claims 5-6 have been canceled, and claims 28-36 have been added, therefore claims 1-3, 8, 12-13, 16, 18-20, 23-25 and 27-36 are pending.
Claim Objections
Claims 24, 27, 31 and 35 objected to because of the following informalities:
In claim 24 ln 8 “this causing the toes” should read ---thus causing the toes---
In claim 27 ln 1 “a method” should read ---the method---
In claim 31 ln 4 “the first mounting plate” should read ---the first mounting portion---
In claim 35 ln 3 “hoop and loop” should read ---hook and loop---
Appropriate correction is required.
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.
Claims 1-3, 5-6, 8, 12-13, 16, 18-20, 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Foster (US 5,645,516) in view of Cooper (US 5,087,036) and Pecheux (FR 2633828 A1).
Regarding claim 1, Foster discloses a foot stretching device for stretching the structures of a user’s foot (col 4 ln 43-49 “providing passive stretching of the Achilles tendon), the device comprising: a base (#22 fig 1, 5-10); a pivot plate (#24 fig 1, 5-10), wherein the pivot plate is rigid or substantially rigid (see fig 5-10 showing the plate remaining rigid and not bending), and wherein the pivot plate is disposed on and pivotable relative to the base (see fig 5-10, hinge element #26, col 4 ln 63-67); a mounting bracket for mounting the pivot plate onto an upper surface of the base (#26 fig 1, 6-8b), wherein the pivot plate is pivotably coupled at its proximal end to the mounting bracket by a hinge (hinge element #26, col 4 ln 63-67), and a member coupled to and/or configured to engage the pivot plate such that a tensile force applied to the member pivots the toe plate relative to the base (#90 fig 3, 6, col 6 ln 60 – col 7 ln 7).
Foster is silent to the base being for receiving a rear portion of the user’s foot to be stretched thereon and the pivot plate being a toe plate for receiving the toes of the user’s foot to be stretched thereon,
Cooper teaches a foot stretching device for stretching the structures of a foot (abstract), the device comprising: a base for receiving a rear portion of the foot to be stretched thereon (#15/11 fig 1-4, fig 1 showing foot rear on #15); a toe plate for receiving the toes of the foot to be stretched thereon (#20 fig 1-3, fig 1 showing toes received, col 2 ln 49-51), wherein the toe plate is rigid or substantially rigid (see fig 1 showing inclined toe plate not bending thus disclosing rigid), and wherein the toe plate is disposed on and pivotable relative to the base (see fig 1-3, col 3 ln 50-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the pivot plate of Foster to receive the toes of a user and have the base receive the heel and rear portion of the foot as taught by Cooper as doing so allows for the front of the foot to be stretched in addition to the calf/ankle (Cooper col 2 ln 49-54).
Modified Foster remains silent to the mounting bracket can move between different positions on the upper surface of the base to facilitate use of the device by the user, wherein the mounting bracket is moveable along a length of the base and/or is laterally rotatable with respect to the base, such that the mounting bracket can be moved between different axial and/or angular positions on the upper surface of the base.
Foster instead teaches a coupling arrangement (#44, 46, 48, 50 fig 1) for removably coupling a heel stop (#42 fig 1) to the plate and which permits the position of the heel stop relative to the plate to be adjusted (col 5 ln 22-39).
Pecheux teaches a similar foot stretching device comprising a base (#2 fig 8-9, 12-13) and a toe plate (#1 fig 8-9) connected together through a mounting configuration (#32, 35 fig 8-9, 12-13) wherein the mounting configuration can move between different positions on the upper surface of the base to facilitate use of the device by the user (pg 3 of provided description translation “The soleplate is movable around the axis BB ', adjustable by 30 "in abduction or in adduction. It is blocked by a screw (32) (Fig 10) on a U-shaped bracket (3), movable around the 'AA axis'”), wherein the mounting bracket is moveable along a length of the base and/or is laterally rotatable with respect to the base, such that the mounting bracket can be moved between different axial and/or angular positions on the upper surface of the base (pg 3 of provided description translation “The soleplate is movable around the axis BB ', adjustable by 30 "in abduction or in adduction. It is blocked by a screw (32) (Fig 10) on a U-shaped bracket (3), movable around the 'AA axis'”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a position adjusting configuration as taught by Pecheux for the modified device of Foster as doing so allows for the device to accommodate a variety of foot sizes and allow for different flexions of the foot.
Regarding claim 2, modified Foster discloses the device of claim 1. Foster further discloses the base comprises a plurality of base portions, and wherein the base portions are removably coupled together (See fig 1, 5-10 showing 22 with multiple attachable components such as #68, 36). Further making components separable is seen to require only ordinary skill in the art (see MPEP 2144.04.V).
Regarding claim 3, modified Foster discloses the device of claim 1. Foster further discloses the base is rigid or substantially rigid (see fig 1, 5-10 showing a substantially rigid component that does not bend in order to support the foot).
Regarding claim 8, modified Foster discloses the device of claim 7. Foster further discloses the mounting bracket comprises or takes the form of one or more mounting portion (See fig 8a showing the hinge being formed by a portion contacting the base and another portion contacting the pivoting plate).
Regarding claim 12, modified Foster discloses the device of claim 1. Foster further discloses the device is configured so that the toe plate is pivotable between a first position (see fig 6 showing the plate being lifted from a flatter position to an elevated position) and a second position (see fig 6 the elevated position being the second position), the toe plate being moveable from the first position to the second position by the user applying the tensile force to the member (col 6 ln 60 – col 7 ln 7).
Regarding claim 13, modified Foster discloses the device of claim 12. Foster further discloses at least one of: the toe plate is biased towards the first position (the first position is a flat position, as a force is required to incline the toe plate into the second position countering gravity the device is seen as biased toward the first position); the device is configured so that in the first position the toe plate is initially disposed at an inclined position with respect to the base (see fig 5 showing wedge portions 130 placed under the plate to incline the plate at the flatter position).
Regarding claim 16, modified Foster discloses the device of claim 1. Cooper further discloses a linkage for controlling the range of movement of the toe plate (#30 fig 1-4, col 3 ln 59 – col 4 ln 7).
Regarding claim 18, modified Foster discloses the device of claim 1. Foster further discloses the member comprises or takes the form of: a strap; a tie, a cable; a rope; a string; or a wire (#90 col 6 ln 60 “cord 90” thus disclosing a strap, tie or rope).
Regarding claim 19, modified Foster discloses the device of claim 1. Foster further teaches a heel stop (#42 fig 1, 10).
Regarding claim 20, modified Foster discloses the device of claim 19. Foster further discloses the heel stop is removably coupled to the base (col 5 ln 22-39).
Regarding claim 23, modified Foster discloses the device of claim 1. Foster further discloses one or more resilient member configured for location over an upper portion of the foot (#30 fig 10).
Regarding claim 24, modified Foster discloses a method for stretching a foot (Foster: col 4 ln 43-49 “providing passive stretching of the Achilles tendon), the method comprising: providing a foot stretching device according to claim 1 (see claim 1 above); placing the foot on the device with the rear portion of the user’s foot placed on the base and the toes of the user’s foot placed on the toe plate (Cooper: abstract, col 4 ln 21-23, see fig 1); and applying a tensile force to the member so as to pivot the toe plate relative to the base and thus pivot the toes of the user’s foot relative to the rear portion of the user’s foot, thus causing the toes of the user’s foot to move into a more extended position thus producing a stretch in tissues of the foot (Foster: col 6 ln 60 – col 7 ln 7 disclosing pivoting the plate by use of a tensile force and Cooper teaching the toes being stretched).
Regarding claim 27, modified Foster discloses the method of claim 24. Foster further discloses Foster discloses providing a heel stop (#42 fig 1, 10) for resting the heel of the foot to be stretched thereagainst (see fig 10); and placing the foot on the device with the heel of the foot resting against the heel stop and the toes placed on the toe plate (see fig 10); and adjusting a distance between the heel stop and the toe plate so as to accommodate the foot to be stretched (col 5 ln 22-39), by way of at least one of: moving the toe plate towards the heel stop; and/or moving the heel stop towards the toe plate (col 5 ln 22-39).
Regarding claim 29, modified Foster discloses the device of claim 20. Foster further discloses the heel stop comprises pins on its bottom surface (#44 fig 1) and the base comprises holes for receiving the pins (4 slots #46 fig 1), the holes arranged in rows (rows along the length of the pivot plates see fig 1) so as to permit the position of the heel stop relative to the base to be adjusted (col 5 ln 22-25).
Regarding claim 30, modified Foster discloses the device of claim 1. Foster further discloses the mounting bracket comprises one or more wedge portion configured to pre-dispose the toe plate at an inclined position with respect to the base (#130 fig 5).
Regarding claim 31, modified Foster discloses the device of claim 8. Foster further discloses the mounting bracket comprises a plurality of the mounting portions, the mounting bracket comprising a first mounting portion (see Foster annotated fig 8a below) to which the toe plate is pivotably coupled and a second mounting portion (see Foster annotated fig 8a below) for coupling the first mounting plate to the base.
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Foster annotated fig 8a
Regarding claim 32, modified Foster discloses the device of claim 31. Foster further discloses a third mounting portion, the third mounting portion interposed between the second mounting portion and the base (hinge rod connecting the leaves of the mounting bracket).
Regarding claim 34, modified Foster discloses the device of claim 1. Pecheux further discloses a coupling arrangement for removably coupling the mounting bracket to the base and which permits the position of the mounting bracket, and thus the toe plate, relative to the base to be adjusted (#32, 35 fig 8-9, 12-13, pg 3 of provided description translation discussing the soleplate being movable).
Regarding claim 35, modified Foster discloses the device of claim 34. Pecheux further discloses the coupling arrangement comprises one or more fasteners selected from the group consisting of: a nut and bolt; a screw; a pin and socket arrangement; or a hoop and loop fastener (bolt/screw #32 fig 8-9, 12-13, pg 3 of description translation disclosing “screw (32)” and pg 5 disclosing “tightening bolt (32)”).
Regarding claim 36, Foster discloses a foot stretching device for stretching the structures of a user’s foot (col 4 ln 43-49 “providing passive stretching of the Achilles tendon), the device comprising: a base (#22 fig 1, 5-10); a pivot plate (#24 fig 1, 5-10), wherein the pivot plate is rigid or substantially rigid (see fig 5-10 showing the plate remaining rigid and not bending), and wherein the pivot plate is disposed on and pivotable relative to the base (see fig 5-10, hinge element #26, col 4 ln 63-67); a mounting bracket for mounting the pivot plate onto an upper surface of the base (#26 fig 1, 6-8b), wherein the pivot plate is pivotably coupled at its proximal end to the mounting bracket by a hinge (hinge element #26, col 4 ln 63-67), and a member coupled to and/or configured to engage the pivot plate such that a tensile force applied to the member pivots the toe plate relative to the base (#90 fig 3, 6, col 6 ln 60 – col 7 ln 7).
Foster is silent to the base being for receiving a rear portion of the user’s foot to be stretched thereon and the pivot plate being a toe plate for receiving the toes of the user’s foot to be stretched thereon,
Cooper teaches a foot stretching device for stretching the structures of a foot (abstract), the device comprising: a base for receiving a rear portion of the foot to be stretched thereon (#15/11 fig 1-4, fig 1 showing foot rear on #15); a toe plate for receiving the toes of the foot to be stretched thereon (#20 fig 1-3, fig 1 showing toes received, col 2 ln 49-51), wherein the toe plate is rigid or substantially rigid (see fig 1 showing inclined toe plate not bending thus disclosing rigid), and wherein the toe plate is disposed on and pivotable relative to the base (see fig 1-3, col 3 ln 50-51).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the pivot plate of Foster to receive the toes of a user and have the base receive the heel and rear portion of the foot as taught by Cooper as doing so allows for the front of the foot to be stretched in addition to the calf/ankle (Cooper col 2 ln 49-54).
Modified Foster remains silent to the mounting bracket can move on the upper surface of the base between different positions to facilitate use of the device by the user, and wherein movement of the mounting bracket on the base is guided by a slot provided through the base and a bolt which couples the bracket to the base and engages the slot.
Foster instead teaches a coupling arrangement (#44, 46, 48, 50 fig 1) for removably coupling a heel stop (#42 fig 1) to the plate and which permits the position of the heel stop relative to the plate to be adjusted (col 5 ln 22-39).
Pecheux teaches a similar foot stretching device comprising a base (#2 fig 8-9, 12-13) and a toe plate (#1 fig 8-9) connected together through a mounting configuration (#32, 35 fig 8-9, 12-13) wherein the mounting configuration can move between different positions on the upper surface of the base to facilitate use of the device by the user (pg 3 of provided description translation “The soleplate is movable around the axis BB ', adjustable by 30 "in abduction or in adduction. It is blocked by a screw (32) (Fig 10) on a U-shaped bracket (3), movable around the 'AA axis'”), wherein movement of the toe plate on the base is guided by a slot (#35 fig 8-9, 12-13) provided through the base and a bolt (#32 fig 8-9, 12-13, pg 5 disclosing “tightening bolt (32)”) which couples the bracket to the base and engages the slot.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a position adjusting configuration as taught by Pecheux for the modified device of Foster as doing so allows for the device to accommodate a variety of foot sizes and allow for different flexions of the foot.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over modified Foster as applied to claim 1, and further in view of Drago (US 5,413,543) and Joung (KR 101298882 B1).
Regarding claim 25, modified Foster discloses the device of claim 1. However, modified Foster is silent to a method of massaging a foot, the method comprising: coupling a roller to a rear portion of the base; placing the user’s foot on the roller; and moving the user’s foot backwards and forwards across the roller.
Drago teaches a method of massaging a foot, the method comprising: placing a foot on a roller (#76 fig 1-3, 6-7) and moving the foot backwards and forwards across the roller (col 7 ln 19-26 discloses placing the toes of the foot on the roller and moving them up and down and inward and outward thus disclosing moving the foot backwards and forwards across the roller).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a roller for massaging the foot onto the device/method of modified Foster as doing so allows for the device to perform both the function of stretching the foot and massaging the foot.
Modified Foster is silent to the roller being at the rear of the base.
Joung teaches a foot stretching device comprising a roller at the rear of the base (#600 fig 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to place the roller of modified Foster at the rear of the device as taught by Joung as the roller can also act as a heal stop for the user in this position.
Claims 28 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over modified Foster as applied to claims 19 and 16, and further in view of Joung.
Regarding claim 28, modified Foster discloses the device of claim 19. Foster is silent to the heel stop comprises a roller.
Joung teaches a foot stretching device comprising a roller as a heel stop (#600 fig 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the heel stop of modified Foster with a roller as taught by Joung as the roller can provide a soft heel stop reducing the loas applied to the heel of the user (pg 5 of provided Joung translation “the support 600 can reduce the load applied to the heel of the user”).
Regarding claim 33, modified Foster discloses the device of claim 16. Foster is silent to the linkage comprises or takes the form of a cam and follower arrangement.
Jong teaches a plate pivoting on a base with a cam and follower linkage (#400/300 fig 3-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize a cam and follower linkage for the linkage of modified Foster as doing so allows for a large variety of inclined positions to be achieved while preventing over stretching/over pivoting of the plate.
Response to Arguments
Applicant's arguments filed 01/28/2026 have been fully considered but they are not persuasive.
Applicant asserts that one of ordinary skill in the art would not be motivated to modify Foster in view of cooper as Foster is intended to stretch the foot by pivoting at the heel rather than the toe (see pg 13-14 of response filed 01/28/2026) however it is seen that as Foster and cooper contain structural similarities for stretching a user’s foot one would be motivated by Cooper to modify Foster to allow for the toes to be stretched to provide additional benefits to a user.
Applicants arguments regarding the use of Hall are moot as the new grounds of rejection does not rely on the teachings of Hall.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cho WO 2015/076583 A1
Kloenne US 4,463,947
Kubota US 5,853,354
Barry US 2012/0190515 A1
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/K.B.D./Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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