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, filed 04/24/2026, has been entered, claims 1-15, 18-24, 26, 27, remain pending.
Election/Restrictions
Newly submitted claim 27 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
The claim is directed to a patentably distinct species:
Species A: Fig. 2A-5B, directed to a device comprising a passive force actuation system comprising a first and second bladder;
Species B: Fig. 10A and 10B, directed to a device comprising an active force actuation system utilizing an electro-mechanical actuator;
The species are independent or distinct because --the claims to the different species recite the mutually exclusive characteristics of such species, Species A utilize bladders that are fluidly connected to each other for passive actuation, while Species B utilize an electro-mechanical actuator for active actuation. In addition, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 27 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Objections
Claim 4 is objected to because of the following informalities:
Claim 4 recites “wherein the third port is configured to be selectively sealed in response to removal of the third tube, and wherein the third port is configured to adjust a bias pressure and is configured to selectively receive a third tube”, Claim 4 should read “wherein the third port is configured to be selectively sealed in response to removal of a third tube, and wherein the third port is configured to adjust a bias pressure and is configured to selectively receive the third tube”, for proper antecedent basis.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 10 recites “the connector defining an inlet and a bi- directional valve”, however, the specification does not disclose a bi-directional valve. In the applicant’s specification, par. 0047-0048 recites a one-way valve 117 for the tube assembly, par. 0052 further recites a one-way valve 167, amendments to the specification filed 07/15/2025 also recites a one-way valve 117, there is no bi-directional valve mentioned in the 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.
Claim(s) 1-6, 8, 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushara (US20150209216), in view of Hazenberg (US8015730), hereafter Hazenberg, further in view of Ravikumar (US20090204037), hereafter Ravikumar.
Regarding Claim 1, Bushara discloses a device (Fig. 2, a device 20B), comprising: an insole assembly (See Fig. A), the insole comprising a first bladder defining the toe area (Fig. 2, trigger chamber 26E; See Fig. A) and a second bladder defining the heel area (Fig. 2, trigger chamber 26C, Fig. A).
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Fig. A, adapted from Bushara Fig. 2
Bushara is silent on having an insole extending from a toe area to a heel area with a middle portion therebetween, the middle portion coupling the first bladder and the second bladder
However, Hazenberg teaches a foot bladder device (Fig. 2), comprising of an insole assembly having an insole (Fig. 2, sole structure 30 comprises an insole 33, col. 4 line 4-6) extending from a toe area to a heel area with a middle portion therebetween (Fig. 2, sole structure 30 extends from a toa area 11 to a heel area 13 with a middle portion 12), the insole comprising a first bladder defining the toe area and a second bladder defining the heel area (Fig. 8A shows a first bladder 40 disposed at the toe and a second bladder 40 disposed at the heel, the bladders are housed within sole structure 30, col. 7 line 14-25), the middle portion coupling the first bladder and the second bladder (See Fig. 2, 8A, the bladders are disposed within the sole, col. 3 line 65-67, therefore, the middle portion couples the first and second bladder). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known device of Bushara, with the insole of Hazenberg, to attenuate ground reaction force, provide support to the bladders, and to enhance comfort as taught by Hazenberg (Hazenberg col. 3 line 59-col. 4 line 6).
The modified Bushara further discloses a force actuation system (See Fig. A, a force actuation system includes the bladders and the connecting tubes) comprising the first bladder, the second bladder, a third bladder (See annotated Fig. A), a fourth bladder (See annotated Fig. A).
Bushara further discloses a tube assembly (Bushara Fig. 2, tubes 28E, 28C), but is silent on a tube assembly with a three-way junction connector defining an inlet.
However, Ravikumar teaches a device for applying pressure to a user (Abstract), comprising of a first bladder (Fig. 4, 5, foot bladder 14), a second bladder (Fig. 5, leg bladder 12), and a force actuation system (system shown in Fig. 5) comprising the first bladder, the second bladder. Ravikumar further teaches a tube assembly with a three-way junction connector defining an inlet (Fig. 5, tube 16 defines a three-way connector, one way valve 68 defines an inlet), wherein the first bladder is in fluid communication with the second bladder via the tube assembly (See Fig. 5, bladders 14 and 12 are in fluid communication through tube 16). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Bushara, with the device of Ravikumar, to pressurize the device to desired pressure as needed as taught by Ravikumar (Ravikumar, par. 0054).
The modified Bushara further teaches wherein the first bladder is in fluid communication with the third bladder via the tube assembly, wherein the second bladder is in fluid communication with the fourth bladder via the tube assembly (See Fig. A, tube assembly 28E and 28C provides fluid communication as claimed), the force actuation system configured to displace a fluid (Bushara, par. 0003, “The closed fluid system can be filled with air, a gas…”) from the first bladder to the second third bladder in response to displacement of the first bladder (par. 0051, “When pressure from the foot 70 is applied to trigger chamber 26E, portions of the stimulation chamber 30E will expand and contact the foot 70”) and to displace the fluid from the second bladder to the fourth bladder in response to displacement of the second bladder (par. 0050, “When pressure from the foot 70 is applied to trigger chamber 26C, portions of the stimulation chamber 30C will expand and exert pressure to stimulate the foot 70”).
Regarding Claim 2, the modified Bushara discloses the device of claim 1, but is silent on wherein the third bladder is configured to create a pressure on a nerve of a leg of a person during use of the device.
However, Bushara further discloses the third bladder can be located in one an ankle area, an upper toe area, a foot dorsum area, a leg area, and a side area of an article of footwear (Bushara, par. 0021). Bushara, Fig. 2 further shows a bladder placed in a leg area. Therefore, it would have been obvious to try, by one of ordinary skilled in the art, to place the third bladder on a leg of the user when in use, since Bushara discloses a finite number of identified, predictable potential solutions to the placement of the third bladder, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
The modified Bushara further discloses the third bladder is configured to create a pressure on a nerve of a leg of a person during use of the device (Examiner Notes: as discussed above, when the third bladder is placed on a leg, the prior art would perform the claimed function of creating a pressure on a nerve of a leg as it has the claimed structure, see MPEP 2114).
Regarding Claim 3, the modified Bushara discloses the device of claim 2, wherein the tube assembly comprises a first tube (Ravikumar, Fig. 5, a first tube is defined between 14 and 68), a connector (Ravikumar, Fig. 5, a connector inherently exists between valve 68 and tube 16), and a second tube (Ravikumar, Fig. 5, a first tube is defined between 12 and 68), the first tube and the second tube being fluidly coupled via the connector such that the first tube is disposed between a first port of the connector and the first bladder and the second tube is disposed between the third bladder and a second port of the connector (See Ravikumar Fig. 4 and 5, the tube 16 is disposed as claimed to connect a foot bladder to a leg bladder).
Regarding Claim 4, the modified Bushara discloses the device of claim 3, wherein the inlet is a third port of the connector (Ravikumar, Fig. 5, valve 68 has an inlet and is the third port of the connector), wherein the third port is configured to be selectively sealed in response to removal of the third tube (Ravikumar, par. 0054, “Once the desired pressure is reached (which may be below the ambient air pressure), the fluid source is removed from the one way valve 68, which closes”; See Ravikumar par. 0054, a fluid source may be attached to the inlet 68, a third tube inherently exists between a fluid source and the inlet when attached), and wherein the third port is configured to adjust a bias pressure and is configured to selectively receive a third tube (Ravikumar, par. 0054, “The one-way valve/nozzle 68 is used to pressurize the apparatus 10 to a desired pressure by connection to a fluid source such as an air pump”; a third tube exists between a fluid source and the inlet), the third tube having a one way valve for loading the fluid into the device (Ravikumar, par. 0054, when connected with a fluid source, the third tube has one-way valve 68 for loading the fluid).
Regarding Claim 5, the modified Bushara discloses the device of claim 1, wherein the middle portion fixes a distance between the first bladder and the second bladder (Hazenberg Fig. 2, col. 3 line 65-col. 4 line 1, the middle portion encapsulate the foot bladders and therefore fixes a distance between the foot bladders), and wherein the middle portion comprises a rigid or semi-rigid structure distinct from a bladder (Hazenberg, col. 3 line 65-67, “Midsole 31 is primarily formed of a polymer foam material, such as polyurethane or ethylvinylacetate, that at least partially encapsulates a fluid system 40”)
Regarding Claim 6, the modified Bushara discloses the device of claim 1, wherein the first bladder is configured for passive actuation during use of the device (Examiner Notes: See Bushara, par. 0051, the device of prior art passively redistribute a force in response to a foot creating pressure on the device, this is the same passive actuation mechanism of the claimed invention).
Regarding Claim 8, the modified Bushara discloses the device of claim 2, further comprising an attachment mechanism (Bushara Fig. 2, strap 40 holds a trigger chamber).
The modified Bushara does not specifically disclose wherein the attachment mechanism comprises the third bladder and the fourth bladder, wherein the attachment mechanism extends from the third bladder to the fourth bladder.
However, Bushara further discloses the third and fourth bladder can be located in one an ankle area, an upper toe area, a foot dorsum area, a leg area, and a side area of an article of footwear (Bushara, par. 0021). Bushara, Fig. 2 further shows a bladder placed in a leg area. Therefore, it would have been obvious to try, by one of ordinary skilled in the art, to place the third and fourth bladder on a leg of the user when in use, since Bushara discloses a finite number of identified, predictable potential solutions to the placement of the third and fourth bladder, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
The modified Bushara discloses wherein the attachment mechanism comprises the third bladder and the fourth bladder (See rejection above, Bushara par. 0051 discloses coupling bladder to the leg using the attachment mechanism, it would have been obvious for one of ordinary skilled in the art to use the attachment mechanism to couple the third and fourth bladder to the leg), wherein the attachment mechanism extends from the third bladder to the fourth bladder (Bushara Fig. 2, par. 0051, after the modification the attachment mechanism would couple the third and furth bladder to the leg as therefore, the attachment mechanism extends from the third bladder to the fourth bladder).
Regarding Claim 9, the modified Bushara discloses The device of claim 1, wherein the middle portion is not a bladder (Hazenberg, col. 3 line 65-67, “Midsole 31 is primarily formed of a polymer foam material, such as polyurethane or ethylvinylacetate, that at least partially encapsulates a fluid system 40”).
Claim(s) 10-12, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushara, in view of Hazenberg, in view of Holgreen (US20110040220), hereafter Holgreen, in view of Ravikumar.
Regarding Claim 10, Bushara discloses a force actuation system for a device (system shown in Fig. 2 is a force actuation system), comprising: a first bladder (Fig. 2, trigger chamber 26C; See Fig. A) configured to be disposed proximate a foot of a user when in use (See Fig. 2, element 26D is contacting the foot); a second bladder (Fig. 2, trigger chamber 26E; See Fig. A) configured to be disposed proximate a different portion of the foot of the user than the first bladder when in use (See Fig. A, the first bladder is proximate to the toe and the second bladder is proximate to the heel); and an attachment mechanism defining a cuff (Fig. A, Fig. 2, strap 40).
Bushara further discloses a third bladder in fluid communication with the first bladder (Fig. 2, bladder 30C) and a fourth bladder in fluid communication with the second bladder (Fig. 2, bladder 30E), but is silent on the cuff comprising a third bladder in fluid communication with the first bladder via a three-way junction connector and a fourth bladder in fluid communication with the second bladder.
However, Bushara further discloses the third and fourth bladder can be located in one an ankle area, an upper toe area, a foot dorsum area, a leg area, and a side area of an article of footwear (Bushara, par. 0021). Bushara, Fig. 2 further shows a bladder placed in a leg area. Therefore, it would have been obvious to try, by one of ordinary skilled in the art, to place the third and fourth bladder on a leg of the user when in use, and have the cuff comprises the third and the fourth bladder since Bushara discloses a finite number of identified, predictable potential solutions to the placement of the third and fourth bladder, and one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success.
The modified Bushara is still silent on the third bladder in fluid communication with the first bladder via a three-way junction connector.
However, However, Ravikumar teaches a device for applying pressure to a user (Abstract), comprising of a first bladder (Fig. 4, 5, foot bladder 14), a second bladder (Fig. 5, leg bladder 12), and a force actuation system (system shown in Fig. 5) comprising the first bladder, the second bladder. Ravikumar further teaches the bladders are in fluid communication with the first bladder via a three-way junction connector (Fig. 5, tube 16 defines a three-way connector, one way valve 68 defines an inlet), wherein the first bladder is in fluid communication with the second bladder via the tube assembly (See Fig. 5, bladders 14 and 12 are in fluid communication through tube 16). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Bushara, with the device of Ravikumar, to pressurize the device to desired pressure as needed as taught by Ravikumar (Ravikumar, par. 0054).
The modified Bushara is still silent on the connector defining an inlet and a bi- directional valve.
However, Holgreen teaches a device (Fig. 1) comprising of an insole assembly comprising of a bladder and a second bladder (Fig. 1, bladder 12a and 12b), wherein the bladders are in fluid communication via a three-way connector (See Fig. 1 and 6B, a connector exists between the first bladder, the second bladder, and the gas source), the connector defining an inlet and a bi- directional valve (Fig. 6B, valve 66a, par. 0035, “The controller 22 may open the electrically actuated valves 66a, 66b in order to supply pressurized gas to the bladders 12a, 12b in a cyclical manner. Deflation of the bladders 12a, 12b may be accomplished by turning off power to the compressor 60 while the valves 66a, 66b are maintained open such that gas is allowed to leak through the compressor 60 from the bladders 12a, 12b.”). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Bushara, with the valve of Holgreen, for controlled inflation and deflation as taught by Holgreen (Holgreen, par. 0035).
The modified Bushara further discloses the force actuation system configured to displace a first fluid (Bushara, par. 0003, “The closed fluid system can be filled with air, a gas…”) from the first bladder to the third bladder in response to pressure being applied to the first bladder (par. 0050, “When pressure from the foot 70 is applied to trigger chamber 26C, portions of the stimulation chamber 30C will expand and exert pressure to stimulate the foot 70”), displace a second fluid from the second bladder to the fourth bladder in response to pressure being applied to the second bladder (par. 0051, “When pressure from the foot 70 is applied to trigger chamber 26E, portions of the stimulation chamber 30E will expand and contact the foot 70”), receive the first fluid from the third bladder to the first bladder in response to pressure being released from the first bladder, and receive the second fluid from the fourth bladder to the second bladder in response to pressure being released from the second bladder such that the third bladder and the fourth bladder are configured to be alternatively pressurized by pressure applied to alternative areas of the foot (Examiner Notes: The prior art has the claimed structure, with the first bladder in fluid communication with the third bladder, and the second bladder in fluid communication with the fourth bladder, therefore, it is capable of performing the claimed function; [A]pparatus claims cover what a device is, not what a device does. Hewlett-PackardCo. v. Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990), see MPEP 2114).
Regarding Claim 11, the modified Bushara discloses the force actuation system of claim 10, wherein the second bladder is configured to be disposed proximate a toe of the user when in use (Bushara, Fig. 2, bladder 26E is proximate to a toe), wherein the first bladder is configured to be disposed proximate a heel of the user when in use (Bushara, Fig. 2, bladder 26C is proximate to a heel); and wherein the fourth bladder is in fluid communication with the second bladder (See Bushara Fig. 2, “The trigger chamber 26E can be fluidly coupled to a connecting line 28E that is fluidly coupled to a stimulation chamber 30E”), the cuff comprising the fourth bladder such that the fourth bladder is disposed on an opposite side of the cuff with respect to the third bladder (Examiner notes: See rejection for claim 10 above, after the modification, the cuff would comprise both the third and the fourth bladder, see Bushara par. 0021, 0051, it would have been obvious to try and have the fourth bladder to be disposed on an opposite side of the cuff).
Regarding Claim 12, the modified Bushara discloses the force actuation system of claim 10, wherein the attachment mechanism is configured to couple to a leg of the user (Bushara Fig. 2, strap 40 is coupled to a leg).
Regarding Claim 14, the modified Bushara discloses the force actuation system of claim 10, further comprising a piece of footwear (Bushara, Fig. 2, footwear 62A), wherein the first bladder is disposed in the piece of footwear (See Bushara, Fig. 2, par.0051, “A trigger chamber 26D can be located near a side of the footwear 62A”).
Regarding Claim 15, the modified Bushara discloses the force actuation system of claim 10, wherein the force actuation system is a passive force actuation system (Examiner Notes: See Bushara, par. 0051, the device of prior art passively redistribute a force in response to a foot creating pressure on the device, this is the same actuation mechanism of the claimed invention).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushara, in view of Holgreen, in view of Ravikumar, further in view of Hazenberg.
Regarding Claim 13, the modified Bushara discloses the force actuation system of claim 10, further comprising an insole assembly (Fig. A), but is silent on an insole assembly comprising the first bladder, the second bladder, and a middle portion coupled to the first bladder and the second bladder, the middle portion fixing a distance between the first bladder and the second bladder.
However, Hazenberg teaches a foot bladder device (Fig. 2), comprising of a first bladder and a second bladder (Fig. 8A shows a first and second bladder 40), an insole assembly (Fig. 2, sole structure 30 comprises an insole 33, col. 4 line 4-6) comprising the first bladder, the second bladder (Fig. 8A shows the bladders are housed within sole structure 30, col. 7 line 14-25), and a middle portion coupling the first bladder and the second bladder (Fig. 2, sole structure 30 extends from a toa area 11 to a heel area 13 with a middle portion 12; See Fig. 2, 8A, the bladders are disposed within the sole, col. 3 line 65-67, therefore, the middle portion couples the first and second bladder) the middle portion fixing a distance between the first bladder and the second bladder (Hazenberg Fig. 2, col. 3 line 65-col. 4 line 1, the middle portion encapsulate the foot bladders and therefore fixes a distance between the foot bladders). Therefore, it would have been obvious for one of ordinary skilled in the art to modify the known device of Bushara, with the insole of Hazenberg, to attenuate ground reaction force, provide support to the bladders, and to enhance comfort as taught by Hazenberg (Hazenberg col. 3 line 59-col. 4 line 6).
Claim(s) 7, 18, 19, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bushara, in view of Hazenberg, in view of Ravikumar, further in view of Brosnan (US20170172838).
Regarding Claim 7, the modified Bushara discloses the device of claim 1, but is silent on further comprising a force indication system comprising a plurality of force sensors, each force sensor disposed in the insole assembly.
However, Brosnan teaches a device comprising of an insole assembly (Fig. 3, inflatable garment 200), comprising of a bladder (Fig. 3, bladder 202), further comprising a force indication system comprising a plurality of force sensors (Fig. 2, patient sensors 110, Fig. 2 shows a plurality of sensors; par. 0052, “the patient sensors 110 may comprise force sensors, capacitive sensors, temperature sensors, or combinations thereof”), each force sensor disposed in the insole assembly (par. 0054, “the patient sensors 110 may be utilized with any type of patient therapy device 100, including, but not limited to, inflatable garments, patient warming devices, patient cooling devices, etc”; Fig. 2 shows the sensors disposed within the patient therapy device, Fig. 3 shows an embodiment where the patient therapy device is an inflatable bladder). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Bushara, with the force indication system of Brosnan, for detecting treatment parameters and patient indicators as taught by Brosnan (Brosnan, par. 0052-0053).
Regarding Claim 18, the modified Bushara discloses the device of claim 8, but is silent on further comprising a force indication control system having: a first force sensor disposed in the heel area of the insole assembly, the first force sensor being at least one of a force sensitive resistor, a force sensitive capacitor, and a piezoelectric force sensor; a second force sensor disposed in the toe area of the insole assembly; a transmitter in electrical communication with the first force sensor and the second force sensor; a receiver; a controller in electrical communication with the receiver; and a tangible, non-transitory memory configured to communicate with the controller, the tangible, non-transitory memory having instructions stored thereon that, in response to execution by the controller, cause the controller to perform operations comprising: receiving, by the controller and through the receiver, a first force measurement from the first force sensor, and receiving, by the controller and through the receiver, a second force measurement from the first force sensor.
However, Brosnan teaches a device comprising of an insole assembly (Fig. 3, inflatable garment 200), comprising of a bladder (Fig. 3, bladder 202), a force indication control system (system shown in Fig. 1) having: a first force sensor disposed in the insole assembly (Fig. 2, patient sensor 110), the first force sensor being at least one of a force sensitive resistor, a force sensitive capacitor, and a piezoelectric force sensor (par. 0052, “the patient sensors 110 may comprise force sensors, capacitive sensors, temperature sensors, or combinations thereof”; the prior art discloses the sensor may be a combination of force sensor and capacitive sensor); a second force sensor disposed in the toe area of the insole assembly (Fig. 2, patient sensor 110); a transmitter in electrical communication with the first force sensor and the second force sensor (par. 0039, “the controller 102 may transmit an output signal to control the patient therapy device 100 in accordance with the desired operational parameter”, the controller includes a transmitter; par. 0052 discloses the sensor is in communication with the controller); a receiver (par. 0042, “Based on the input signal received from the detection system 104, the controller 102 may determine…”; par. 0132, “the detection system 104 for volume-based detection may further utilize the patient sensor 110…”; the controller is able to receive and therefore includes a receiver); a controller in electrical communication with the receiver (Fig. 1, controller 1, par. 0042); and a tangible, non-transitory memory configured to communicate with the controller (par. 0036, “The controller 102 comprises one or more microprocessors for processing instructions or for processing an algorithm stored in memory to control operation of the patient therapy device 100”), the tangible, non-transitory memory having instructions stored thereon that, in response to execution by the controller, cause the controller to perform operations (par. 0036, “The controller 102 comprises one or more microprocessors for processing instructions or for processing an algorithm stored in memory to control operation of the patient therapy device 100”) comprising: receiving, by the controller and through the receiver (par. 0052, “The patient sensor 110 may be communicate with the controller 102 in any suitable manner, such as wirelessly or through physical communication lines”), a first force measurement from the first force sensor, and receiving, by the controller and through the receiver, a second force measurement from the first force sensor (par. 0052, “The patient sensors 110 may be configured to sense one or more parameters of the patient and provide patient indicator input signals to the controller 102”; par. 0040, “The display 108 may also be configured to indicate current functionality of the patient therapy device 100, such as whether the patient therapy device 100 is currently in use, for how long”; the prior art discloses monitoring the force sensor data to determine if the device is in use, therefore, at least two force measurements are needed to continuously monitor). Therefore, it would have been obvious for one of ordinary skilled in the art to further modify the known device of Bushara, with the force indication control system of Brosnan, for detecting and monitoring treatment parameters as taught by Brosnan (Brosnan, par. 0040, 0052).
The modified Bushara further discloses the first force sensor is disposed in the heel area of the insole assembly; a second force sensor is disposed in the toe area of the insole assembly (Examiner Notes: Brosnan teaches sensor 110 disposed within each inflatable bladder, Fig. 2 and 3; therefore, it would have been obvious that after the modification, the first and second force sensor would be disposed in corresponding area to each bladder).
Regarding Claim 19, the modified Bushara discloses the device of claim 18, wherein the insole assembly comprises the first force sensor, the second force sensor (See rejection for claim 18 above, Brosnan Fig. 2 shows force sensor disposed in inflatable bladder, therefore, the insole assembly would comprise the force sensors), and the transmitter and further comprising a wearable device comprising the receiver and the controller (Brosnan, par. 0036, “The controller 102 may be a component of the patient therapy device 100, or may be remotely-located from the patient device 100. In one configuration, the controller 102 is mounted on the patient therapy device 100 itself”; the controller maybe wearable by mounted on the device).
Regarding Claim 26, the modified Bushara discloses the device of claim 18, further comprising a light array (Brosnan, par. 0040, “The controller 102 may be coupled to a display 108”) comprising a first light configured to illuminate based on a first force measured by the first force sensor and a second light configured to illuminate based on a second force measured by the second force sensor (Brosnan, par. 0041, “The display 108 may be an LCD, LED, or other type of display. Alternatively, the controller 102 may be coupled to a speaker and/or a light emitting device that designate the operational parameter and/or the current functionality of the patient therapy device 100.”; the display may be a LCD/LED display, therefore comprises a light array. The prior art further teaches display current functionality of the device and characteristics detected by the detection system, par. 0040-0041, therefore it displays a first and second force measured by the sensors), wherein the operations further comprise: commanding, by the controller, illumination of a light based on the first force measurement from the first force sensor, and commanding, by the controller, illumination of the second light based on the second force measurement from the second force sensor (Brosnan, par. 0040, “The controller 102 may be coupled to a display 108… For example, the detection system 104 may be configured to display the type of the patient therapy device 100 and/or the portion of the patient P to which the patient therapy device 100 is configured to provide therapy. The display 108 may also be configured to indicate current functionality of the patient therapy device 100, such as whether the patient therapy device 100 is currently in use…”).
Response to Arguments
Applicant’s arguments, see applicant’s remarks, filed 04/24/2026, with respect to the rejection(s) of claim(s) 1 and 10 under U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hazenberg,
Specifically, Hazenberg teaches a device comprising of a first bladder disposed at a toe, a second bladder disposed at a heel, and a middle portion coupling the first bladder to the second bladder to form an insole assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US10507131 discloses an inflatable cuff with two bladders placed on opposite sides
US20160206500 discloses a force actuation system comprising of bladders disposed in a shoe
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRIS HANYU GONG whose telephone number is (703)756-5898. The examiner can normally be reached M-F 8:30-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached at 571-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KRIS HANYU GONG/Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785
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