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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/20/2026 has been entered.
Claim Objections
Claim 27 is objected to because of the following informalities: “providing a heel stop for resting the heel of the foot to be stretched thereagainst” should be deleted as the heel stop is already introduced in claim 24/claim 1. 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, 8, 12-13, 16, 18, 20, 24, 27, 29, 31-32 and 34-36 are rejected under 35 U.S.C. 103 as being unpatentable over Barry (US 2012/0190515 A1) in view of Cooper (US 5,087,036) and Cho (WO 2015/076583 A1).
Regarding claim 1, Barry discloses a foot stretching device for stretching the structures of a user's foot (due to the similar structure it is seen that the device of Barry is capable of stretching a foot), the device (see fig 10a-10b) comprising: a base (#1015 fig 10a-10b) for receiving a rear portion of the user's foot to be stretched thereon (see fig 10a-10b); a toe portion (#1023/1005 fig 10a-10b) for receiving the toes of the user's foot to be stretched thereon (see fig 10a-10b), wherein the toe portion is rigid or substantially rigid (see fig 10a-10b showing the toe portion maintaining its shape thus disclosing substantially rigid), and wherein the toe portion is disposed on and pivotable relative to the base (see fig 10a-10b showing pivoting between positions); and a heel stop (#1009 fig 10a-10b) configured for coupling to the base (par 0144), wherein the toe plate is pivotably coupled at its proximal end to the mounting bracket by a hinge (see end of 1023 coupled to base 1015 fig 10a-10b); and a member (#1027 fig 10a-10b) coupled to and/or configured to engage the toe plate such that a tensile force applied to the member pivots the toe plate relative to the mounting bracket and thus the base.
Barry is silent to the toe portion being a toe plate; a mounting bracket for mounting the toe plate onto an upper surface of the base.
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) a mounting bracket for mounting the toe plate onto an upper surface of the base (components/leaves of hinge #25 fig 1-3).
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 toe portion of Barry to be a plate coupled to the base by a mounting potion as taught by Cooper as doing so allows for the entire toe portion to be supported rather than a single strip.
Modified Barry 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.
Barry instead teaches removably coupling the heel stop to the plate and which permits the position of the heel stop relative to the plate to be adjusted (par 0144).
Cho teaches a similar foot stretching device with a toe plate (#105 fig 1) and a base (#103 fig 1) coupled together through a mounting bracket (#203 fig 1, #1031 fig 2) wherein the mounting bracket can move between different positions on the base to facilitate use of the device by the user, wherein the mounting bracket is moveable along a length of the base (see dotted line with double sided arrow in fig 2) 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.
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 moveable mounting bracket as taught by Cho onto the device of modified Barry as doing so allows for the device to accommodate even move foot sizes without having to increase the length of the base. This modification would have the mounting bracket be movable along the upper surface of the base as Cooper teaches the mounting bracket being coupled to the upper surface of the base.
Regarding claim 2, modified Barry discloses the device of claim 1. Cooper further discloses the base comprises a plurality of base portions (#45, 16 and 12 fig 2), and wherein the base portions are removably coupled together (see screw #46 fig 2 coupling the base portions). Further making components separable is seen to require only ordinary skill in the art (see MPEP 2144.04.V).
Regarding claim 3, modified Barry discloses the device of claim 1. Barry further discloses the base is rigid or substantially rigid (see fig 10a-10b showing a base supporting the foot and thus showing a substantially rigid component that does not bend in order to support the foot).
Regarding claim 8, modified Barry discloses the device of claim 7. Cooper further discloses the mounting bracket comprises or takes the form of one or more mounting portion (See fig 1-3 showing the hinge being formed by a portion contacting the base and another portion contacting the pivoting plate).
Regarding claim 12, modified Barry discloses the device of claim 1. Barry further discloses the device is configured so that the toe plate is pivotable between a first position (see fig 10a showing the elevated position) and a second position (see fig 10b showing the lowered position), the toe plate being moveable from the first position to the second position by the user applying the tensile force to the member (par 0146-0148 disclosing the cable providing resistance to the user’s toes moving the plate, thus disclosing that tensile force is capable of moving the toe plate between the positions as well).
Regarding claim 13, modified Barry discloses the device of claim 12. Barry further discloses at least one of: the toe plate is biased towards the first position (par 0146-0148 disclosing the cable providing resistance such that the toe plate is biased to the elevated 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 10b).
Regarding claim 16, modified Barry 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 Barry discloses the device of claim 1. Barry further discloses the member comprises or takes the form of: a strap; a tie, a cable; a rope; a string; or a wire (“cable” par 0146).
Regarding claim 20, modified Barry discloses the device of claim 19. Barry further discloses the heel stop is removably coupled to the base (par 0144, see fig 1 slots 133/131 for repositioning heel stop).
Regarding claim 24, modified Barry discloses a method for stretching a foot (Cooper: abstract), 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 with a heel of the user’s foot touching the heel stop (Barry: fig 10a-10b, par 0144) and the toes of the user’s foot touching the toe plate (Barry: fig 10a-10b); applying a tensile force to the member so as to apply a force to the toes and/or a ball of the user’s foot (Barry: par 0146-0147, as the elevated toe plate elevates a user’s toes it is seen that a force is applied to the toes); and generating simultaneous forces at the toes and/or the ball of the foot an a counter force at the heel stop, thereby reducing the distance between the ball of the foot and the heel thus stretching the structures of the midfoot and the toes (due to the similar structure it is seen that the simultaneous forces and reduced distance is achieved).
Regarding claim 27, modified Barry discloses the method of claim 24. Barry further discloses providing a heel stop (#1009 fig 10a-10b) for resting the heel of the foot to be stretched thereagainst (par 0144); 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 10a-10b); and adjusting a distance between the heel stop and the toe plate so as to accommodate the foot to be stretched (par 0144), 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 (par 0144).
Regarding claim 29, modified Barry discloses the device of claim 20. Barry further discloses the heel stop comprises pins on its bottom surface (par 0144 discloses utilizing the heel stop structure of fig 1-9, pins #129 fig 1, par 0084) and the base comprises holes for receiving the pins (#133, 131 fig 1), the holes arranged in rows (see fig 1) so as to permit the position of the heel stop relative to the base to be adjusted (par 0085/0144).
Regarding claim 31, modified Barry discloses the device of claim 8. Cooper further discloses the mounting bracket comprises a plurality of the mounting portions, the mounting bracket comprising a first mounting portion (portion of bracket #25 fig 1-3 coupled to the toe plate) to which the toe plate is pivotably coupled and a second mounting portion (portion of bracket #25 fig 1-3 coupled to the toe plate) for coupling the first mounting plate to the base.
Regarding claim 32, modified Barry discloses the device of claim 31. Cooper 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 Barry discloses the device of claim 1. Modified Barry does not expressly disclose 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. However, Cho teaches moving the toe plate along the base and Cooper teaches coupling a mounting bracket to the base through a screw or bolt arrangement (see holes in mounting bracket #25 fig 2), thus it would have been obvious to one of ordinary skill in the art to couple the mounting bracket taught by Cooper to the base through a well-known removable coupling arrangement such as screws to achieve the adjustable positioning taught by Cho.
Regarding claim 35, modified Barry discloses the device of claim 34. Modified Barry 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 see Cooper holes in mounting bracket #25 fig 2).
Regarding claim 36, Barry discloses a foot stretching device for stretching the structures of a user’s foot (due to the similar structure it is seen that the device of Barry is capable of stretching a foot), the device (see fig 10a-10b) comprising: a base (#1015 fig 10a-10b); a toe portion (#1023/1005 fig 10a-10b), wherein the toe portion is rigid or substantially rigid (see fig 10a-10b showing the toe portion maintaining its shape thus disclosing substantially rigid), and wherein the toe portion is disposed on and pivotable relative to the base (see fig 10a-10b showing pivoting between positions); and a member (#1027 fig 10a-10b) 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.
Barry is silent to the toe portion being a toe plate; a mounting bracket for mounting the toe plate onto an upper surface of the base.
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) through a mounting bracket for mounting the toe plate onto an upper surface of the base (components/leaves of hinge #25 fig 1-3).
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 toe portion of Barry to be a plate coupled to the base by a mounting potion as taught by Cooper as doing so allows for the entire toe portion to be supported rather than a single strip.
Modified Barry remains silent to wherein 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 between the different positions is guided by a slot provided through the base and a bolt which couples the bracket to the base and engages the slot.
Cho teaches a similar foot stretching device with a toe plate (#105 fig 1) and a base (#103 fig 1) coupled together through a mounting bracket (#203 fig 1, #1031 fig 2) wherein the mounting bracket can move between different positions on the base to facilitate use of the device by the user (see dotted line with double sided arrow in fig 2) and wherein movement of the mounting bracket on the base between the different positions is guided by a slot (#107 fig 2) provided through the base and a bolt (#109 fig 1-2) 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 incorporate a moveable mounting bracket as taught by Cho onto the device of modified Barry as doing so allows for the device to accommodate even move foot sizes without having to increase the length of the base. This modification would have the mounting bracket be movable along the upper surface of the base as Cooper teaches the mounting bracket being coupled to the upper surface of the base.
Claims 23 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over modified Barry as applied to claim 1, and further in view of Foster (US 5,645,516).
Regarding claim 23, modified Barry discloses the device of claim 1. Barry is silent to one or more resilient members configured for location over an upper portion of the foot.
Foster teaches 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) with one or more resilient member configured for location over an upper portion of the foot (#30 fig 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize resilient members as taught by Foster on the device of modified Barry, in order to ensure the user’s foot maintains contact with the device.
Regarding claim 30, modified Barry discloses the device of claim 1. Barry is silent to 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.
Foster teaches 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) wherein 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).
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 wedge as taught by Foster onto the device of modified Barry in order to prevent the user from stretching their toes too far downward, thus preventing injury.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over modified Barry as applied to claim 1, and further in view of Drago (US 5,413,543) and Joung (KR 101298882 B1).
Regarding claim 25, modified Barry discloses the device of claim 1. However, modified Barry 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 Barry as doing so allows for the device to perform both the function of stretching the foot and massaging the foot.
Modified Barry 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 Barry 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 Barry as applied to claims 19 and 16, and further in view of Joung.
Regarding claim 28, modified Barry discloses the device of claim 19. Barry 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 Barry 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 Barry discloses the device of claim 16. Barry 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 Barry 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 with respect to claims 1, 24 and 36 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kloenne US 4,463,947
Kubota US 5,853,354
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799
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