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
Applicant’s amendments of claims 1, 4, 5, 8, and 11 are acknowledged by the Examiner.
Applicant’s amendments of claim 1 has overcome the previous claim objections. Therefore, the claim objections are withdrawn.
Applicant’s amendments of claim 1 has overcome the previous claim rejections under 35 U.S.C. 112(b). Therefore, the claim rejections under 35 U.S.C. 112(b) are withdrawn.
Applicant’s cancelation of claims 2 and 3 are acknowledged by the Examiner.
Currently claims 1, 4-26, and 28-31 are pending in the application.
Response to Arguments
Applicant's arguments filed 09/03/2025 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that the office does not establish that a person or ordinary skill in the art would have any motivation to modify the cited references to arrive at applicant’s claimed invention. Examiner respectfully disagrees. Every combination made in the previous rejection, establishes analogousness and similarity between the primary reference and teaching reference as well as provides a reason which has been taught by the teaching reference which would provide a benefit and make obvious to one of ordinary skill in the art to modify the primary reference in view of the teaching references.
In regards to Applicant’s arguments that the rods of Titen are incapable of being axially slid within the connector through use of an axial force. Examiner respectfully disagrees. It is well known in the art that the act of screwing an object in directly applies an axial force, as the primary function of a screw, as a simple machine, is to convert the rotational force you apply (torque) into a linear, or axial, force that runs along the length of the screw. Thus, the act of screwing the rods into and out of the connector, while being applied by rotation, applies only force directed in an axial direction (as the torque is converted into axial force) along 32 or 34 to push (exert a force on to move them away from the origin of force) 32 or 34 within the housing.
In regards to Applicant’s arguments regarding “collapsing” of the device. No recitation or requirement of the device “collapsing” is recited in the claims, merely a retraction of the first and second elongate members to decrease the displacement between the first distal end and the second distal end, to adopts a compact configuration when both first and second rigid elongate members are retracted to facilitate transport and/or storage of the spinal alignment component.
Furthermore, Applicant’s arguments that Titen’s configuration does not allow for said “compact configuration” for the intended use of “allowing for transportation and or storage” have been addressed in the previous response to arguments as Examiner has established that: “ Titen’s two rods as pointed out by Applicant, screw into the connector. By definition, “retract” is “to draw back or in” (see https://www.merriam-webster.com/dictionary/retract). Therefore, upon screwing the two rods within the connector, Titen discloses a retraction of the rods within the connector. As to a compact configuration, Applicant has not defined nor specified what they are claiming with respect to a compact configuration, therefore, because the screwing of Titen’s two rods within the connector makes a smaller configuration of the device, Titen’s device is considered to facilitate a configuration that is considered to be “compact for storage or transportation”; and With regards to Applicant’s arguments that the rods of Titen would need to be unscrewed for transport or storage, Examiner respectfully disagrees. One of ordinary skill could transport or store the rods and connector of Titen without the need of unscrewing the rods from the connector.”. Therefore, Applicant’s arguments with respect to the intended use of collapsing to allow for transport or storage are not persuasive.
Therefore, claim 1 remains rejected in view of Titen and Gladoun.
In regards to Applicant’s arguments regarding the removal of the threaded connection, Examiner respectfully disagrees. The modification of Tien in view of Bledsoe to remove the threaded connections would not result in any such device failure as suggested by Applicant. As discussed in the previous action, a modification to substitute the friction fit mechanism between the housing and the first and second rigid elongate members as disclosed by Titen as now modified by Gladoun and to have utilized the friction fit mechanism comprising a resilient protrusion which engages with a linear array of teeth as the elongate member is moved relative to the housing as taught by Bledsoe would add the benefit of provided an engagement between the rigid elongate members and housing which allows for incremental adjustment of the rigid elongated members with respect to the housing, which prevents an undesired sliding of the rigid elongated members out of the housing (see [0029] of Bledsoe). Therefore, establishing the benefits of replacing the threaded rods with an alternative set of rods.
In regards to Applicant’s statement that such an engagement would create a higher risk that the rods could become detached during use. This is merely Applicant’s speculation with no support to back their claim, and is not considered persuasive.
In regards to Applicant’s arguments with respect to “the “holder” 16” found on pages 13 and 14. Examiner respectfully disagrees. Examiner first notes that the Examiner has never relied on structure 40 of Titen for any disclosure or teaching. Nonetheless, structure 40 is not required to maintain the rods of Titen on the user. As established in [col 2 ln 15-50] “an elongate primary shoulder rod 12 adapted to be positioned on the upper back of a wearer 14 and held in place by holder 16… An optional second elongate vertically disposed rod 22 may be positioned in holder… the rods may comprise a connector 30, into which elements 32 and 34 of the rod are secured by male and female threaded ends 36 and 38, or the unitary rod 12 is simply slid through a non-threaded connector… rather than being positioned on the back of the wearer 14 by holder 16, the elements of the shoulder and vertical rods may be secured by a cross-connector 40”. Thus, establishing that the holder 16 holds 30, 32, and 34, and that 40 is merely an alternative to 16. Furthermore, as established in [col 3 ln 1-10] “the holder is preferably provided with (hook and loop) closures 17 to facilitate positioning and removal of the elongate rods”. Thus, the rods would not “fall out” when positioned within 16 as applicant has suggested.
With regards to Applicant’s arguments regarding the dependent claims, the rejection of claim 1 in view of Titen and Gladoun does not have the deficiencies as suggested by Applicant, therefore claim 1 remains rejected. The various teaching references as indicated in sections B-F of Applicant’s arguments need not be relied upon to “cure the deficiencies of claim 1”. Thus, the rejection of the dependent claims are maintained.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Such claim limitation(s) is/are:
Attachment means (for attaching or securing) in claims 10-12. After a consultation of Applicant’s specification, the limitation attachment means is considered to encompass flanges and their equivalents as described on page 13 of Applicant’s specification.
Securement means (for securing) in claim 12. After a consultation of Applicant’s specification, the limitation securement means is considered to encompass left and right shoulder loops as described on page 4 of Applicant’s specification, and their equivalents.
Communication means (for communicating sensed data) in claim 14. After a consultation of Applicant’s specification, the limitation communication means is considered to encompass a wireless transceiver as described on page 14 of Applicant’s specification, and wired communication equivalents.
Sensing means (for sensing) in claims 28. After a consultation of Applicant’s specification, the limitation sensing means is considered to encompass one or more sensors, or any other means which would allow a user to “sense” contact or proximity between a contact portion of the device and the wearer’s body as described on page 13 of Applicant’s specification.
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.
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.
Claim(s) 1, 4, 8, 10, 13-14, 17-20, 22, 25-26, and 28-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen (US 9,687,378 B1) in view of Gladoun (US 2003/0220591 A1).
In regards to claim 1, Titen discloses A spinal alignment component (30, 32, and 34; see [Col 2 ln 38-42]; see figure 1 and 3; see [Col 2 ln 38-42] that the rod seen in figure 3 can be used in place of 22 seen in figure 1) adapted for incorporation into a wearable spinal alignment apparatus (10; see [Col 2 ln 14-20]; see figure 1), the spinal alignment component (22) comprising:
a first rigid elongate member (32) comprising a first distal end (end of 32; considered to correspond to top end of 22; see figure 1); and
a second rigid elongate member (34) comprising a second distal end (end of 34; considered to correspond to the bottom end of 22; see figure 1);
wherein the first rigid elongate member (32) and the second rigid elongate member (34) are independently movable relative to one another to adjust a displacement between the first distal end (end of 32) and the second distal end (end of 34; see figure 3 that 32 and 34 comprise threading 36 and 38 and thus can be adjusted relative to one another via screwing into or out of 30); and
wherein each of the first distal end (top end of 22) and the second distal end (bottom end of 22) comprise a sensor (24; see [Col 2 ln 34-37]; see figure 1); and
wherein the spinal alignment component (30, 32, 34) does not comprise a securement strap arranged to encircle the wearer's head (see figure 1 that 22 comprises no straps for encircling a user’s head),
wherein both the first and second rigid elongate members (32 and 34) are retractable (see [col 2 ln 38-42] in reference to 32 and 34 being screwed into the connector, screwing into the connector retracts 32 and 34 within said connector) to decrease the displacement between the first distal end (end of 32) and the second distal end (end of 34; 32 and 34 screwing into 30 decreases a displacement between the ends of 32 and 34), wherein the spinal alignment component (30,32,34) adopts a compact configuration (32 and 34 being fully screwed into 30 is a more compact configuration than if 32 and 34 were not fully screwed into 30, and thus is considered a compact configuration) when both the first and second rigid elongate members (32 and 34) are retracted to facilitate transport and/or storage of the spinal alignment component (30, 32, and 34; fully screwing 32 and 34 into 30 allows and facilitates transport and/or storage of the component) and wherein the displacement between the first distal end (end of 32) and the second distal end (end of 34) is adjustable (as discussed above 32 and 34 are capable of being screwed into and out of 30, and thus are capable of being adjusted) to fit a size of the wearer to allow a first contact portion (end of 32 which contacts a user) on the first rigid elongate member (32) to contact an occipital head (see figure 1 that the upper end of 22 contacts a region which corresponds to an occipital head of the user; thus, in the embodiment which includes 32, 32 would similarly contact a user) and a second contact portion (end of 34 which contacts a user) on the second rigid elongate member (34) to contact a sacral spine (see figure 1 that the lower end of 22 contacts a region which corresponds to a sacral spine of the user; thus, in the embodiment which includes 34, 34 would similarly contact a user) for a size range of wearers (the adjustability of 32 and 34 allows for accommodating a size range of wearers);
wherein the spinal alignment component (30, 32, 34) further comprises a housing (30) which receives each of the first rigid elongate member (32) and second rigid elongate member (34; see figure 3), wherein each of the first rigid elongate member (32) and second rigid elongate member (34) are reversibly extendable from the housing (30; 32 and 34 can be screwed into or out of 30 and thus are reversibly extendable from 30), and wherein each of the first distal end (end of 32) and the second distal end (end of 34) remain external to the housing (30) when the first rigid elongate member (32) and second rigid elongate member (34) are retracted into the housing (30; see figure 3 that the ends of 32 and 34 opposite the ends inside of 30 remain external to 30 when 32 and 34 are retracted within 30);
wherein each of the respective first and second rigid elongate members (32 and 34) are axially slidable (screwing 32 and 34 into and out of 30 slides 32 and 34 along an axis of 30) into the housing (30) by applying only a force directed in an axial direction along the respective first or second rigid elongate member (32 or 34) to push the respective first or second rigid elongate member (32 or 34) into the housing (30; the act of screwing an object in directly applies an axial force, as the primary function of a screw, as a simple machine, is to convert the rotational force you apply (torque) into a linear, or axial, force that runs along the length of the screw; Thus, the act of screwing the rods into and out of the connector, while being applied by rotation, applies only force directed in an axial direction (as the torque is converted into axial force) along 32 or 34 to push (exert a force on to move them away from the origin of force) 32 or 34 within the housing.
Titen does not explicitly disclose wherein each sensor is adapted to sense one or more of:(a) contact between a contact portion and a wearer's body, (b) proximity between the contact portion and the wearer's body, and (c) the orientation of the first or second rigid elongate member relative to vertical.
However, Gladoun teaches an analogous spinal alignment component (1; see [0031]; see figure 5) comprising an analogous first and second distal ends (top and bottom ends of 1; see figure 5); wherein each of the first distal end (top end of 1) and the second distal end (bottom end of 1) comprise a sensor (5; see [0033]; see figure 5); wherein the sensor (5) is adapted to sense one or more of:(a) contact between a contact portion and a wearer's body;(b) proximity between the contact portion and the wearer's body; and(c) the orientation of the first or second rigid elongate member relative to vertical (see [0033] in reference to 5 being touch detecting sensors; thereby allowing for detection of (a) a contact and (b) a proximity between a contact portion of the sensor and a wearer’s body) for the purpose of providing feedback signals to a user when his/her predetermined good spinal curvature is changed to unacceptable level (see [0038]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensors of the first and second distal ends as disclosed by Titen and to have adapted the sensors to detect a contact, and a proximity between a contact portion and the wearer’s body as taught by Gladoun in order to have provided an improved spinal alignment component that would add the benefit of providing feedback signals to a user when his/her predetermined good spinal curvature is changed to unacceptable level (see [0038]) thereby allowing the user to detect when they do or do not have good posture and subsequently alter their posture to the desired position.
In regards to claim 4, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the first rigid elongate member (32) is extendable from the housing (30) in a first direction and the second rigid elongate member (34) is extendable from the housing (30) in a second direction, wherein the first direction is diametrically opposed to the second direction (see figure 3 that 32 and 34 are extendable from 30 in diametrically opposed directions).
In regards to claim 8, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses comprising a friction fit mechanism (male and female threads; see [Col 38-42]; see figure 3; male and female threads secure to one another via frictional forces and thus are considered a friction fit mechanism) between the housing (30) and each of the first rigid elongate member (32) and second rigid elongate member (34; see figure 3).
In regards to claim 10, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the spinal alignment component (30, 32, and 34) is adapted for incorporation into the wearable spinal alignment apparatus (10) by comprising attachment means (17; see [Col 3 ln 1-3]; see figure 1) on the housing (30) for securement to a wearable component (16; see [Col 2 ln 14-20]; see figure 1; 17 is capable of being positioned on 30 to secure 30, 32, and 34 to 16).
In regards to claim 13, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the displacement between the first distal end (end of 32) and the second distal end (end of 34) is adjustable (adjustable via screwing into or out of 30; see figure 3) to correspond with the distance between the occipital head and the sacral spine of a user when the user is in ideal alignment (see figure 1 that the top end of 22 which corresponds to the end of 32 is at or near a user’s occipital head; and see figure 2 that the lower end of 22 which corresponds to the end of 34 is at or near a user’s sacral spine; see [abstract] that the purpose of the device is for indicating proper posture and alignment).
In regards to claim 14, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen as now modified by Gladoun further discloses wherein each sensor (5 of Gladoun which modifies 24 of Titen) is adapted to sense contact between a contact portion and the wearer's body (see Gladoun [0033] in reference to 5 being touch detecting sensors, thus sensing contact between the sensor (a contact portion) and the wearer’s body), and to generate sensor data (signals; see Gladoun [0038]), and each of the first distal end (end of 32 of Titen) and the second distal end (end of 34 of Titen) further comprise a communication means (see [0038] of Gladoun in reference to the device feedback comprising a touch sensor and signaling means; signaling means are considered communication means), wherein the communication means (signaling means as taught by Gladoun) is adapted to communicate the sensor data (signals) with one or more user devices (device which generates audio signals; see [0039] of Gladoun).
In regards to claim 17, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses A wearable spinal alignment apparatus (10) comprising the spinal alignment component (30, 32, and 34 of Titen as now modified by Gladoun) according to claim 1 (see discussion above), and a securement system (18; see [Col 2 ln 15-20]; see figure 1) to attach the wearable spinal alignment apparatus (10) to the torso of a wearer (see figure 1).
In regards to claim 18, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses comprising an external housing (16; see [Col 2 ln 15-20]; see figure 1; 16 as seen in figure 1 is external to, and houses 22 (via 17) and therefore would be external to, and house 30, 32, and 34), wherein the spinal alignment component (30, 32, 34) is held within the external housing (16; held by 17; see [Col 3 ln 1-5), the external housing (16) being adapted for securement to the torso of a wearer by the securement system (18; see figures 1 and 2), wherein the securement system (18) comprises one or more straps (see figures 1 and 2), and the external housing (16) defining first and second apertures (upper and lower apertures defined by 17; see figure 1) through which each of the first and second rigid elongate members (32 and 34) respectively pass (see figure 1 that 22 passes out of the upper and lower apertures defined by 17, thus 32 and 34 would similarly pass through the upper and lower apertures of 17).
In regards to claim 19, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein one or more cavities (cavity defined by 17 for receiving 30, 32, and 34, and the cavity of 30 for receiving 32 and 34) are defined between the spinal alignment component (30, 32, 34) and an inner wall (inner wall of 17 which is part of 16) of the external housing (16).
In regards to claim 20, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the spinal alignment component (30, 32, 34) is fixedly attached to the external housing (16; see [Col 3 ln 1-3] in reference to (hook and loop) closures 17 facilitating positioning and holding of the elongate rods; thus, being fixed to 16 by 17 and being fixedly attached).
In regards to claim 22, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses A wearable spinal alignment apparatus (10) comprising the spinal alignment component (30, 32, and 34 of Titen as now modified by Gladoun) according to claim 1 (see discussion above), and a backpack (16; see [Col 2 ln 15-20]; see figure 1; 16 is placed on a user’s back, and holds 30, 32, and 34, and therefore functions similar to, and is considered a backpack), wherein the spinal alignment component (30, 32, and 34) is fixedly attached to the backpack (16; see [Col 3 ln 1-3] in reference to (hook and loop) closures 17 facilitating positioning and holding of the elongate rods; thus, being fixed to 16 by 17 and being fixedly attached).
In regards to claim 25, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses Use of the spinal alignment component (30, 32, and 34 of Titen as now modified by Gladoun) according to claim 1 (see discussion above) to correct a posture of a user (see [Col 1 ln 23-25]).
In regards to claim 26, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses Use of the spinal alignment component (30, 32, and 34 of Titen as now modified by Gladoun) according to claim 1 (see discussion above) in the wearable alignment device or apparatus (10), wherein the wearable alignment device or apparatus (10) comprises a backpack (16; see [Col 2 ln 15-20]; see figure 1; 16 is placed on a user’s back, and holds 30, 32, and 34, and therefore functions similar to, and is considered a backpack).
In regards to claim 28, Titen discloses A spinal alignment component (30, 32, and 34; see [Col 2 ln 38-42]; see figure 1 and 3; see [Col 2 ln 38-42] that the rod seen in figure 3 can be used in place of 22 seen in figure 1) adapted for incorporation into a wearable spinal alignment apparatus (10; see [Col 2 ln 14-20]; see figure 1), wherein the spinal alignment component ((30, 32, and 34) comprises sensing means (24; see [Col 2 ln 34-37]; see figure 1);
wherein the spinal alignment component (30, 32, 34) does not comprise a securement strap arranged to encircle the wearer's head (see figure 1 that 22 comprises no straps for encircling a user’s head).
Titen does not explicitly disclose the sensing means to detect one or more of movement, position and orientation of a wearer during use of the spinal alignment component.
However, Gladoun teaches an analogous spinal alignment component (1; see [0031]; see figure 5) comprising an analogous first and second distal ends (top and bottom ends of 1; see figure 5); the spinal alignment component (1) comprising sensing means (5; see [0033]; see figure 5) to detect one or more of movement, position and orientation of a wearer during use of the spinal alignment component (1; see [0033] in reference to 5 being touch detecting sensors; thereby allowing for detection of movement (by a user moving out of contact with the sensor), position (by a user being in contact with the sensor at a predetermined position) and orientation (by a user being in proper posture in contact with all the sensors)) for the purpose of providing feedback signals to a user when his/her predetermined good spinal curvature is changed to unacceptable level (see [0038]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sensors as disclosed by Titen and to have adapted the sensors to detect one or more of movement, position and orientation of a wearer during use of the component as taught by Gladoun in order to have provided an improved spinal alignment component that would add the benefit of providing feedback signals to a user when his/her predetermined good spinal curvature is changed to unacceptable level (see [0038]) thereby allowing the user to detect when they do or do not have good posture and subsequently alter their posture to the desired position.
In regards to claim 29, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses the wearable spinal alignment apparatus (10) comprising the spinal alignment component (30, 32, and 34 of Titen as now modified by Gladoun) according to claim 28 (see discussion above), and a securement system (18; see [Col 2 ln 15-20]; see figure 1) to attach the wearable spinal alignment apparatus (10) to the torso of a wearer (see figure 1).
In regards to claim 30, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the wearable spinal alignment apparatus (10) is a backpack (16; see [Col 2 ln 15-20]; see figure 1; 16 is placed on a user’s back, and holds 30, 32, and 34, and therefore functions similar to, and is considered a backpack; thus, 10 comprising 16 is considered a backpack as well).
In regards to claim 31, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses Use of the wearable spinal alignment apparatus (10) according to claim 17 (see discussion above) to correct the posture of a user (see [Col 1 ln 23-25]).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen as now modified by Gladoun as applied to claim 1 above, and further in view of Leuthardt et al. (US 2005/0245854 A1) (hereinafter Leuthardt).
In regards to claim5, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen as now modified by Gladoun does not disclose wherein the housing is a rigid elongate housing defining a first channel and a second channel, the first channel being adapted to receive the first rigid elongate member and the second channel being adapted to receive the second rigid elongate member, wherein the respective first and second rigid elongate members are each slidably received within the housing.
However, Leuthardt teaches an analogous spinal alignment component (24/52; see [0018] and [0020]; see figure 3) comprising an analogous housing (30; see [0019]; see figure 4) for housing an analogous first and second rigid elongate members (24 and 52; see [0018] and [0020]; see figure 3); wherein the housing (30) is a rigid elongate housing (see [0025] in reference to the entirety of the device being constructed from sufficiently stiff and strong materials; therefore 30 is considered stiff or rigid) defining a first channel (36; see [0019]; see figure 4) and a second channel (38; see [0019]; see figure 4), the first channel (36) being adapted to receive the first rigid elongate member (24; see figure 3) and the second channel (38) being adapted to receive the second rigid elongate member (52; see figure 3), wherein the respective first and second rigid elongate members (24 and 52) are each slidably received within the housing (30; see [0027] in reference to moving tube 120 of 24; see [0026] in reference to strap clamps being used to maintain a position of 52, thus when the clamps are disengaged 52 is capable of sliding) for the purpose of for the purpose of providing dedicated channels for which the spinal alignment components can be individually received and adjusted within (see [0019-0020]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the housing as disclosed by Titen as now modified by Gladoun for the housing defining first and second channels as disclosed by Leuthardt in order to have provided an improved housing that would add the benefit of providing dedicated channels for which the spinal alignment components can be individually received and adjusted within (see [0019-0020]).
Furthermore, such a modification is held to be obvious since it has been held that “(w)here a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1395 (2007). In the instant case, to substitute a housing with a single channel as disclosed by Titen as now modified by Gladoun for the housing defining first and second channels as disclosed by Leuthardt yields the predictable results of providing dedicated channels for housing known components.
In regards to claim 6, Titen as now modified by Gladoun and Leuthardt discloses the invention as discussed above.
Titen as now modified by Leuthardt further discloses wherein the first channel (36 of Leuthardt) and second channel (38 of Leuthardt), are parallel channels (see figure 4 of Leuthardt) defined by the housing (30 of Leuthardt) and separated by a partition wall (see figure 4 of Leuthardt that 36 and 38 are separated by elevated separations considered to be partition walls).
In regards to claim 7, Titen as now modified by Gladoun and Leuthardt discloses the invention as discussed above.
Titen as now modified by Leuthardt further discloses wherein each of the first channel (36 of Leuthardt) and the second channel (38 of Leuthardt) extend along the entire axial length of the housing (30 of Leuthardt; see figure 4 of Leuthardt).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen as now modified by Gladoun as applied to claim 8 above, and further in view of Bledsoe (US 2006/0174459 A1).
In regards to claim 9, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen as now modified by Gladoun does not disclose wherein the friction fit mechanism comprises a resilient protrusion on an outer surface of each of the first and second rigid elongate members which cooperates with a linear array of teeth distributed along an inner surface of the housing, such that the resilient protrusion moves along the linear array of teeth as the first or second respective rigid elongate member is moved relative to the housing, and interference between the resilient protrusion and one or more teeth from the linear array of teeth facilitates the temporary securement of the first or second respective rigid elongate member in a specific position relative to the housing.
However, Bledsoe teaches an analogous elongate member (12; see [0020]; see figure 1) which is inserted through an analogous housing (22; see [0020]; see figure 1); further comprising a friction fit mechanism (48/64; see [0025-0027]; see figure 3 and 6; a friction fit engagement is an engagement wherein two fastening parts are pushed together; 48 and 64 are pushed together via the leaf spring 66 and thus is considered a friction fit mechanism) between the housing (22) and the elongate member (12; see figure 6); wherein the friction fit mechanism (48/64) comprises a resilient protrusion (48) on an outer surface of the elongate member (12) which cooperates with a linear array of teeth (64; see figure 6 that 64 is a linear array of teeth) distributed along an inner surface of the housing (22), such that the protrusion (48) moves along the linear array of teeth (64) as the elongate member (22) is moved relative to the housing (22), and interference between the resilient protrusion (48) and one or more teeth from the linear array of teeth (64) facilitates the temporary securement of the rigid elongate member (12) in a specific position relative to the housing (22; see [0025-0027]; see figure 6) for the purpose of providing an engagement which allows for incremental adjustment of the elongated member with respect to the housing, which prevents an undesired sliding of the elongated member out of the housing (see [0029]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the friction fit mechanism between the housing and the first and second rigid elongate members as disclosed by Titen as now modified by Gladoun and to have utilized the friction fit mechanism comprising a resilient protrusion which engages with a linear array of teeth as the elongate member is moved relative to the housing as taught by Bledsoe in order to have provided an engagement between the rigid elongate members and housing which allows for incremental adjustment of the rigid elongated members with respect to the housing, which prevents an undesired sliding of the rigid elongated members out of the housing (see [0029]).
Furthermore, such a modification is held to be obvious since it has been held that “(w)here a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1395 (2007). In the instant case substituting the friction fit mechanism between the housing and the first and second rigid elongate members as disclosed by Titen as now modified by Gladoun and to have utilized the friction fit mechanism comprising a resilient protrusion which engages with a linear array of teeth as the elongate member is moved relative to the housing as taught by Bledsoe yields the predictable results of incrementally adjusting structures which are inserted into a housing while also maintaining said structures in a desired position within said housing.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen as now modified by Gladoun as applied to claim 1 above, and further in view of Hughes (US 2008/0228121 A1).
In regards to claim 11, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen further discloses wherein the spinal alignment component (30, 32, 34) is adapted for incorporation into the wearable spinal alignment apparatus (10; see figure 1).
Titen as now modified by Gladoun does not disclose the incorporation is by comprising attachment means on the housing for securement to a wearable component.
However, Hughes teaches an analogous spinal alignment component (80; see [0033]; see figure 3) adapted for incorporation into a wearable spinal alignment apparatus (100; see [0031]; see figure 2); the spinal alignment component (80) comprising an analogous housing (69; see [0041]; see figure 3); the incorporation is by comprising attachment means (68; see [0041]; see figure 5) on the housing (69) for securement to a wearable component (100; see figure 5) for the purpose of providing a rotational adjustment system for the spinal alignment component to adjust a resting position of the alignment components in view of the different body shapes and forms of the user (see [0041]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the housing as disclosed by Titen as now modified by Gladoun and to have included the attachment means located on the housing for securement of the housing to a wearable component as taught by Hughes in order to have provided an improved securement of the housing to the wearable component that would add the benefit of providing a rotational adjustment system for the spinal alignment component to adjust a resting position of the alignment components in view of the different body shapes and forms of the user (see [0041]).
In regards to claim 12, Titen as now modified by Gladoun and Hughes discloses the invention as discussed above.
Titen as now modified by Hughes further discloses wherein the attachment means (68 of Hughes incorporated into 30 of Titen) comprise one or more flanges (see figure 5 of Hughes that 68 is a flange) wherein the one or more flanges (68 of Hughes incorporated into 30 of Titen) extend outwardly from a main body of the housing (30 of Titen as now modified by Hughes; see figure 5 of Hughes), and/or wherein the one or more flanges (68 of Hughes) each comprise one or more apertures (66 of Hughes; see [0041] and figure 5 of Hughes) through which a securement means (67 of Hughes; see [0041] and figure 5 of Hughes) may be passed (see figure 5 of Hughes that the included 68 of Hughes incorporated into 30 of Titen facilitates that rotational adjustment benefit as discussed above; therefore a modification of Titen’s housing to include 68 of Hughes would also include 66 and 67 of Hughes).
Claim(s) 15, 16, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen as now modified by Gladoun as applied to claim 1 above, and further in view of Ontiki (US 2019/0321211 A1).
In regards to claim 15, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen as now modified by Gladoun does not disclose wherein each of the first and second rigid elongate members comprises a terminal region having an enlarged profile adjacent to the respective first distal end and second distal end.
However, Ontiki teaches an analogous spinal alignment component comprising a rigid elongate member (100; see [0059]; see figure 1) for the analogous purpose of facilitating optimal spinal alignment (see [abstract]) wherein each of the rigid elongate member (100) comprises a terminal region (regions of 100 which include 110 and 160; see figure 1) having an enlarged profile adjacent to the respective first distal end and second distal end (see figure 1 and 6c that 100 comprises enlarged profiles provided by 110 and 160 adjacent to first and second distal ends of 100) for the purpose of encouraging simultaneous physical contact of the enlarged profiles adjacent to the respective ends of the spinal alignment component (see [0013]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second rigid elongate member’s first and second distal ends as disclosed by Titen as now modified by Gladoun by including the first and second pads which provide an enlarged profile of the terminal regions of the rigid elongate member as taught by Ontiki in order to have provided improved terminal regions of the first and second rigid elongate members which would add the benefit of encouraging simultaneous physical contact of the enlarged profiles adjacent to the respective ends of the spinal alignment component (see [0013]).
In regards to claim 16, Titen as now modified by Gladoun and Ontiki discloses the invention as discussed above.
Titen as now modified by Ontiki further discloses wherein the enlarged profiles (enlarged profiles of the terminal regions of 32 and 34 of Titen as now modified by Ontiki to include 110 and 160 of Ontiki) are provided by a protrusion of the terminal regions of the first and second rigid elongate members extending laterally in one direction (see figure 1 and 6 of Ontiki that 110 and 160 are protrusions which extend laterally in one direction; thus as now modified the terminal regions of the rigid elongate members of Titen include said protrusions).
In regards to claim 24, Titen as now modified by Gladoun and Ontiki discloses the invention as discussed above.
Titen as now modified by Gladoun does not disclose a harness adapted to secure the wearable spinal alignment apparatus to the torso of a user.
However, Ontiki teaches an analogous spinal alignment component comprising a rigid elongate member (100; see [0059]; see figure 1) to be incorporated into an analogous wearable spinal alignment apparatus (120; see [0060]; see figure 1) for the analogous purpose of facilitating optimal spinal alignment (see [abstract]); further comprising a harness (140 and 150; see [0060]; see figure 1) adapted to secure the wearable spinal alignment apparatus (120) to the torso of a user (see [0060]) for the purpose of holding the apparatus in the desired position on the user (see [0060]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the wearable spinal alignment apparatus as disclosed by Titen as now modified by Gladoun and to have included the additional straps attached to shoulder straps thereby forming a harness as taught by Ontiki in order to have provided an improved securement of the wearable spinal alignment apparatus that would add the benefit of holding the apparatus in the desired position on the user (see [0060]).
Claim(s) 21 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Titen as now modified by Gladoun as applied to claims 17 and 22 above, and further in view of Mylonas (US 2018/0014961 A1).
In regards to claim 21, Titen as now modified by Gladoun discloses the invention as discussed above.
Titen as now modified by Gladoun does not disclose wherein the spinal alignment component is fixedly attached to the external housing by stitching.
However, Mylonas teaches an analogous spinal alignment component (11; see [0023]; see figure 1) for aiding a user in postural support (see [0006]); further comprising an analogous external housing (100; see [0022]; see figure 12) wherein the spinal alignment component (11) is fixedly attached to the external housing (100) by stitching (see [0029]; see figure 12) for the purpose of forming an integral structure which can be easier to use and which will have less play as the postural support apparatus will be more tightly held to the housing (see [0029]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the attachment of the spinal alignment component and external housing as disclosed by Titen as now modified by Gladoun by attaching the spinal alignment component to the external housing using stitching as taught by Mylonas in order to have provided an improved engagement of the spinal alignment component and external housing which would add the benefit of forming an integral structure which can be easier to use and which will have less pl