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 .
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, 4-5, and 15-18 are rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McBryan et al. (US 11019862 B1, hereinafter “McB”), further in view of Barreiro (US 11229803 B2)
Regarding Claim 1, Bryant discloses: A therapeutic device (Figure 1B, myoelectric hand orthosis device 100) and extending a patient's curled fingers (Column 4, lines 36-44, to enhance or restore functional use of one or more joints of the fingers of the hand and/or the wrist. It accomplishes this by combining various technologies into one device, which will read the nerve impulses through the skin of the wearer's forearm, draw the necessary electricity from batteries, and activate actuators forcing the finger(s) to move), the device comprising:
a rigid base extending from a patient's hand to elbow (Figure 1B-2B, forearm support 120, hand support 130), (Column 2, lines 37-40, The forearm and hand supports may comprise of any material that is thin, lightweight, and rigid e.g. ABS, nylon, aluminum, carbon fiber, thermoplastic, PVC, etc);
a plurality of fingerlets, each operable to attach to a finger of the patient (Figure 1A, Column 5, lines 14-18, At least one ring 160 preferably encircles each finger 170 and preferably, at least a first set of rings 160′, 160″ comprising two or more rings is provided per hand. In one embodiment, the device terminates with caps enclosing the fingers' tips);
a plurality of extending elements (Figure 1A, Column 5, lines 11-14, Each actuator 110 and a first set of actuators 110′ are connected at one end to the hand piece 130 and at the other end to a finger by way of a ring 160 in a first set of rings 160′), each extending element operable to attach to the rigid base and attach to one of the plurality of fingerlets (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm);
While Bryant discloses the extending elements and heating elements being operably attached (Column 7, lines 24-29, Components can be sewn into or attached to the outer surface of a glove. Device and components can be covered or made from any material. Device can be made to only assist the joint or joints in need. The glove can cover from all to none of the joints of the hand, including the finger thumb, or wrist), Bryant does not explicitly disclose the extending elements and heating elements being reversibly attached.
McB teaches that it is known to reversibly attach components of a grasping glove apparatus, and discloses multiple art-recognized attachment means for actuating elements of a glove apparatus (Column 5, lines 7-17, The hardware layer 16 of FIG. 1, which may be worn on the user's wrist and forearm contains the controller 50 and one or more tendon actuators 22 shown in FIGS. 2 and 3 ... The hardware layer 16 may in some embodiments be attached to the underside of the optional outer layer 18, such as a hook-and-loop connection, magnetically, or using zippers, snap closures, or other application-suitable fasteners). It would have been obvious to one skilled in the art before the effective filing date to include an art-recognized attachment means to the therapeutic device taught by Bryant.
Bryant in view of McB further discloses:
and a heating element (Figures 3-5, Shape memory alloy (SMA) wires 320, 420, 520), (Figures 4-5, Columns 5-6, lines 67-7, When the device is activated, an electrical current heat the SMA wires 520 and causes them to straighten. Because of the way in which the blocks are mounted, this straightening causes the actuator to move in an arc, curving around and bending the appropriate joints. When the SMA wires 520 straighten, they push apart the actuator blocks 510, which move in an angle as shown. The base connector 540 bends or forms into a stretched state) operable to reversibly attach to the rigid base and along the patient's anterior forearm, (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm), (Column 5, lines 56-62, multiple actuator blocks 310 flexibly connect to each other via base elastic connector 340 and flexible wire 320…The flexible wires 320 act as the "motors" that drive the device. The flexible wires 320 are preferably shaped memory alloy (SMA) wires/sheet)
Bryant does not explicitly disclose a device for heating a patient's curled fingers, nor does Bryant explicitly disclose if the heating element (Figures 3-5, SMA wires 320, 420, 520), (Column 2, lines 18-20, thin Nitinol wires or sheets) is operable to distribute heat along the patient’s anterior forearm.
Barreiro does disclose: A therapeutic device (Columns 2-3, lines 66-2, The object of the present invention is a device for the treatment of arthrosis, arthritis, chronic inflammations, pain reduction and muscle tension, which in general has the shape of a case) for heating a patient's curled fingers (Column 5, lines 6-11, These wires that change their dimensions as a function of temperature fulfil a triple function: Heating the paraffin, Generating an electromagnetic field, Acting as stack cell promoters, in order to straighten the extremities),
said device comprising a heating element (Column 5, lines 14-17, the device may be equipped with wires or coils (5) preferably made of woven carbon, nichrome, nitinol or any other conductive element, such that, when heated to a certain temperature, the paraffin melts) operable to distribute heat (Column 5, lines 21-26, said wires or coils 5 may have the double function of generating heat to melt the paraffin or electromagnetic fields to generate short waves)
Both Barreiro and Bryant teach the usage of shape memory alloy wires, specifically Nitinol, for conducting a heated electrical current along an orthotic device. Barreiro, however, specifies the application of these nitinol wires to distribute said heat to other elements of the orthotic device for therapeutic purposes (Column 2, lines 21-23, the application of heat is intended to relieve the pain, the joint stiffness and the muscle contractions caused by arthrosis). Thus, It would have been obvious to one skilled in the art before the effective filing date to modify the SMA wires taught by Bryant to further include heat conducting through the orthotic for additional therapeutic benefits, as taught by Barreiro.
Regarding Claim 4, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. McB further discloses: wherein each of the plurality of extending elements is attached to the rigid base with button snaps (Column 5, lines 7-17, The hardware layer 16 of FIG. 1, which may be worn on the user's wrist and forearm contains the controller 50 and one or more tendon actuators 22 shown in FIGS. 2 and 3 ... The hardware layer 16 may in some embodiments be attached to the underside of the optional outer layer 18, such as a hook-and-loop connection, magnetically, or using zippers, snap closures, or other application-suitable fasteners).
Regarding Claim 5, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. McB further discloses: wherein each of the plurality of extending elements are attached to one of the plurality of fingerlets by a magnet (Column 5, lines 7-17, The hardware layer 16 of FIG. 1, which may be worn on the user's wrist and forearm contains the controller 50 and one or more tendon actuators 22 shown in FIGS. 2 and 3 ... The hardware layer 16 may in some embodiments be attached to the underside of the optional outer layer 18, such as a hook-and-loop connection, magnetically, or using zippers, snap closures, or other application-suitable fasteners).
Regarding Claim 15, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. McB further discloses: wherein the heating element is attached to the rigid base using a hook and loop fastener (Column 5, lines 7-17, The hardware layer 16 of FIG. 1, which may be worn on the user's wrist and forearm contains the controller 50 and one or more tendon actuators 22 shown in FIGS. 2 and 3 ... The hardware layer 16 may in some embodiments be attached to the underside of the optional outer layer 18, such as a hook-and-loop connection, magnetically, or using zippers, snap closures, or other application-suitable fasteners).
Regarding Claim 16, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. Bryant further discloses: wherein the heating element generates heat using electricity (Paragraph 0050, When the device is activated, an electrical current heat the SMA wires 520 and causes them to straighten).
Regarding Claim 17, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. Bryant further discloses: wherein the rigid base is shaped such that the rigid base begins at the posterior base of a patient's elbow and continues distally on the posterior side of a patient's forearm before terminating at the top of the posterior palmar region of a patient's hand and leaves the anterior side of a patient's forearm exposed (Column 2, lines 30-35, The device, in one embodiment, includes a support member worn around the forearm […] Another support member is worn around the hand and attaches to the forearm support member by a flexible material).
As depicted in Figures 1A-2B the forearm piece 120 and hand piece 130 are primarily located on the posterior side of the user’s arm, with only a smaller attachment means (Figure 2B) covering a portion of the user’s lower forearm/wrist area.
Regarding Claim 18, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. Bryant further discloses: wherein the plurality of extending elements are attached to the rigid base near the top of the posterior palmar region of a patient's hand (Figures 1A-1B, Column 5, lines 3-14, The hand piece 130 is designed to fit between the wrist and the metacarpal joints and to support one end of the actuators 110 for the wrist and each of the 5 metacarpal joints. [...] Each actuator 110 and a first set of actuators 110′ are connected at one end to the hand piece 130 and at the other end to a finger by way of a ring 160 in a first set of rings 160′).
Claim 19 is rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of, Barreiro (US 11229803 B2), further in view of McB (US 11019862 B1)
Regarding Claim 19, Bryant discloses: A method for extending a patient's curled fingers (Column 4, lines 36-44, to enhance or restore functional use of one or more joints of the fingers of the hand and/or the wrist. It accomplishes this by combining various technologies into one device, which will read the nerve impulses through the skin of the wearer's forearm, draw the necessary electricity from batteries, and activate actuators forcing the finger(s) to move)
Bryant further discloses that the method incorporates elements attached to the patient’s forearm (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm) that conduct heat (Figures 4-5, Columns 5-6, lines 67-7, When the device is activated, an electrical current heat the SMA wires 520 and causes them to straighten). However, Bryant does not explicitly disclose therapeutically applying heat to the patient's forearm
Barreiro does disclose: A device comprising a heating element (Column 5, lines 14-17, the device may be equipped with wires or coils (5) preferably made of woven carbon, nichrome, nitinol or any other conductive element, such that, when heated to a certain temperature, the paraffin melts) operable to therapeutically(Columns 2-3, lines 66-2, The object of the present invention is a device for the treatment of arthrosis, arthritis, chronic inflammations, pain reduction and muscle tension, which in general has the shape of a case) applying heat to the patient’s forearm (Column 5, lines 21-26, said wires or coils 5 may have the double function of generating heat to melt the paraffin or electromagnetic fields to generate short waves).
Both Barreiro and Bryant teach the usage of shape memory alloy wires, specifically Nitinol, for conducting a heated electrical current along an orthotic device. Barreiro, however, specifies the application of these nitinol wires to distribute said heat to other elements of the orthotic device for therapeutic purposes (Column 2, lines 21-23, the application of heat is intended to relieve the pain, the joint stiffness and the muscle contractions caused by arthrosis). Thus, It would have been obvious to one skilled in the art before the effective filing date to modify the SMA wires taught by Bryant to further include heat conducting through the orthotic for additional therapeutic benefits, as taught by Barreiro.
Bryant in view of Barreiro further disclose the method comprising:
placing an automated therapeutic device (Figure 1B, myoelectric hand orthosis device 100) on a patient's hand (Column 1, lines 5-10, The present invention relates to an orthotic glove intended to be worn by a human hand and be used for assisting or controlling movement of one or more fingers of the hand, the thumb, and/or the wrist in response to an input signal and methods related thereto), the device comprising:
a rigid base extending from a patient's hand to elbow (Figure 1B-2B, forearm support 120, hand support 130) (Column 2, lines 37-40, The forearm and hand supports may comprise of any material that is thin, lightweight, and rigid e.g. ABS, nylon, aluminum, carbon fiber, thermoplastic, PVC, etc);
a plurality of fingerlets, each operable to attach to a finger of the patient (Figure 1A, Column 5, lines 14-18, At least one ring 160 preferably encircles each finger 170 and preferably, at least a first set of rings 160′, 160″ comprising two or more rings is provided per hand. In one embodiment, the device terminates with caps enclosing the fingers' tips);
a plurality of extending elements (Figure 1A, Column 5, lines 11-14, Each actuator 110 and a first set of actuators 110′ are connected at one end to the hand piece 130 and at the other end to a finger by way of a ring 160 in a first set of rings 160′), each extending element operable to attach to the rigid base and attach to one of the plurality of fingerlets (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm);
While Bryant discloses the extending elements and heating elements being operably attached (Column 7, lines 24-29, Components can be sewn into or attached to the outer surface of a glove. Device and components can be covered or made from any material. Device can be made to only assist the joint or joints in need. The glove can cover from all to none of the joints of the hand, including the finger thumb, or wrist), Bryant does not explicitly disclose the extending elements and heating elements being reversibly attached.
McB teaches that it is known to reversibly attach components of a grasping glove apparatus, and discloses multiple art-recognized attachment means for actuating elements of a glove apparatus (Column 5, lines 7-17, The hardware layer 16 of FIG. 1, which may be worn on the user's wrist and forearm contains the controller 50 and one or more tendon actuators 22 shown in FIGS. 2 and 3 ... The hardware layer 16 may in some embodiments be attached to the underside of the optional outer layer 18, such as a hook-and-loop connection, magnetically, or using zippers, snap closures, or other application-suitable fasteners).
It would have been obvious to one skilled in the art before the effective filing date to include an art-recognized attachment means to the therapeutic device taught by Bryant.
Bryant in view of Barreiro and McB further discloses:
and a heating element (Figures 3-5, Shape memory alloy (SMA) wires 320, 420, 520), (Figures 4-5, Columns 5-6, lines 67-7, When the device is activated, an electrical current heat the SMA wires 520 and causes them to straighten. Because of the way in which the blocks are mounted, this straightening causes the actuator to move in an arc, curving around and bending the appropriate joints. When the SMA wires 520 straighten, they push apart the actuator blocks 510, which move in an angle as shown. The base connector 540 bends or forms into a stretched state) operable to reversibly attach to the rigid base and along the patient's anterior forearm, (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm), (Column 5, lines 56-62, multiple actuator blocks 310 flexibly connect to each other via base elastic connector 340 and flexible wire 320…The flexible wires 320 act as the "motors" that drive the device. The flexible wires 320 are preferably shaped memory alloy (SMA) wires/sheet)
and supplying power to the device sufficient to cause the plurality of extending elements to extend the patient's fingers (Column 7, lines 14-15, Any suitable power source may be used, for example solar cells or other electric sources), (Column 2, lines 55-62, In a preferred embodiment, bioelectric, temperature, and thin pressure sensors will provide the inputs to the electrical system and batteries provide the electrical power. Triggering the device to activate can be achieved through the use of myoelectric switching by means of electrical impulses in operative muscles picked up by bioelectric sensors attached to the wearer's skin).
Claims 2 and 11 are rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McB (US 11019862 B1) further in view of Barreiro (US 11229803 B2), further in view of Madow et al. (US 6110135 A, hereinafter “Madow”).
Regarding Claim 2, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. Bryant further discloses: wherein the rigid base comprises a thermoplastic splinting material (Column 2, lines 37-40, The forearm and hand supports may comprise of any material that is thin, lightweight, and rigid e.g. ABS, nylon, aluminum, carbon fiber, thermoplastic, PVC, etc).
Bryant further teaches the use of padding with the forearm and hand supports (Column 2, lines 40-43, If not sewn into the liner of a glove, they should be sufficiently padded to protect the wearer from chafing and have straps or an elastic membrane to secure them to the body. However, Bryant does not explicitly state that the rigid base also comprises perforated neoprene.
Madow does disclose the use of perforated neoprene (Both layers contain an inner material 17 consisting of a flexible sheath of a heat-retaining material such as a closed-cell foam such as neoprene having a plurality of holes therethrough and a pair of coextensive stretch fabric liners 18 on either side of inner layer 17 that is preferably made of a fabric such as stretch nylon or a polypropylene that wicks moisture (perspiration) and controls chaffing due to repeated relative movement of the liner with respective to the body part).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the perforated neoprene layer of the brace taught by Madow with the rigid thermoplastic splint of Bryant, as it is an art-recognized material often used in splints, braces, joint supports etc… Furthermore, the neoprene serves to provide padding between the support members, as well as to better retain heat throughout the device.
Regarding Claim 11, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. Bryant does not disclose: wherein each of the plurality of fingerlets comprises perforated neoprene.
Madow does disclose the use of perforated neoprene (Both layers contain an inner material 17 consisting of a flexible sheath of a heat-retaining material such as a closed-cell foam such as neoprene having a plurality of holes therethrough and a pair of coextensive stretch fabric liners 18 on either side of inner layer 17 that is preferably made of a fabric such as stretch nylon or a polypropylene that wicks moisture (perspiration) and controls chaffing due to repeated relative movement of the liner with respective to the body part).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the perforated neoprene layer of the brace taught by Madow with the fingerlets taught by Bryant, as it is an art-recognized material often used in splints, braces, joint supports etc… Furthermore, the neoprene serves to provide comfortable padding for a user, as well as to better retain heat throughout the device.
Claim 3 is rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McB (US 11019862 B1), in view of Barreiro (US 11229803 B2), further in view of Madow (US 6110135 A), further in view of Joseph (US 8303527 B2).
Regarding Claim 3, Bryant in view of McB, Barreiro, and Madow disclose all of the limitations of Claim 2. Bryant further discloses a thermoplastic splinting material (Column 2, lines 37-40, The forearm and hand supports may comprise of any material that is thin, lightweight, and rigid e.g. ABS, nylon, aluminum, carbon fiber, thermoplastic, PVC, etc), but does not explicitly disclose that said material is perforated.
Joseph does disclose: wherein the thermoplastic splinting material is perforated (Columns 7-8, lines 64-13, It uses modern synthetic thermoplastic technology and the science of tubular and cylindrical physics to provide stabilization and support without sacrificing lightness. The mechanical properties of the rigid middle plastic layer (and also the foam layers) can be varied by using different materials, thicknesses or perforations to provide precisely the desired rigidity, flexibility and even hinging as desired for each medical application. These flexing/rigidity features can be achieved without sacrificing durability by using polymer materials that allow the desired degree of flexing, yet resist fatigue and cracking over a long cycle life)
It would have been obvious to one skilled in the art before the effective filing date to modify the rigid thermoplastic splint of Bryant with the perforated thermoplastic splint taught by Joseph, as it is an art-recognized modification often seen used in splints, braces, joint supports etc…
Furthermore, Joseph discloses the perforations adding additional comfort to the user and improved manufacturing process of the splint (Column 11, lines 41-51, With this perforation method, thicker stiffer materials can be used than would not normally be adequately formable without the perforations. Perforating also allows the plastic polymer to be formed at lower temperatures than a continuous layer due to deforming process mentioned above which is important for patient comfort and safety. The thick matrix framework when cool and formed in a cylindrical fashion becomes very rigid as needed for the most supportive casts. In addition, weight is reduced by the perforations which increases the comfort and compliance of the patient)
Claim 6 is rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McB (US 11019862 B1), in view of Barreiro (US 11229803 B2), further in view of Matthew et al. (WO 2018013188 A1, hereinafter “Matthew”).
Regarding Claim 6, Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1. However, Bryant does not explicitly disclose that the heating element (Figures 3-5, Shape memory alloy (SMA) wires 320, 420, 520) is enclosed in a thermal pouch.
Matthew teaches the heating is enclosed in a thermal pouch (Paragraph 018, In an additional feature, the compression device 600 may be provided with a removable pouch 640 shown in FIG. 30. The pouch 640 may be removably mounted to the base panel 602, such as at a location 605. The pouch 640 may be configured to receive a cooling or heating element 642 as desired by the user),
It would have been obvious to one skilled in the art before the effective filing date to modify the heating element taught by Bryant to further include a removable pouch as taught by Matthew to safely encase the electronic elements in such a way that it does not cause discomfort to a user. Matthew teaches a variety of embodiments and arrangements of the compression device, including an iteration that involves SMA wiring, similar to the structure disclosed by Bryant (Paragraph 016, As shown in the partial cut-away view of FIG. 29, each elongated panel 610 includes an array of ribs 630 with SMA wires (not shown) that are connected to electrical couplings 625. The couplings 625 electrically connect the SMA wires of the two elongated panels 610 and can provide electrical connection to an external component, such as an external controller for controlling actuation of the SMA wires as described above).
Claim 7 is rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McB (US 11019862 B1), in view of Barreiro (US 11229803 B2), further in view of Matthew (WO 2018013188 A1), further in view of Madow (US 6110135 A),
Regarding Claim 7, Bryant in view of McB, Barreiro, and Matthew disclose all of the limitations of Claim 6. Bryant does disclose the use of nylon in the therapeutic device (Column 2, lines 37-40, The forearm and hand supports may comprise of any material that is thin, lightweight, and rigid e.g. ABS, nylon, aluminum, carbon fiber, thermoplastic, PVC, etc).
Bryant further teaches the use of padding in the orthotic (Column 2, lines 40-43, If not sewn into the liner of a glove, they should be sufficiently padded to protect the wearer from chafing and have straps or an elastic membrane to secure them to the body. However, Bryant does not explicitly state that the thermal pouch also comprises perforated neoprene. Similarly, Matthew discloses the thermal pouch but does not disclose if the thermal pouch comprises perforated neoprene and nylon.
Madow does disclose the use of perforated neoprene (Both layers contain an inner material 17 consisting of a flexible sheath of a heat-retaining material such as a closed-cell foam such as neoprene having a plurality of holes therethrough and a pair of coextensive stretch fabric liners 18 on either side of inner layer 17 that is preferably made of a fabric such as stretch nylon or a polypropylene that wicks moisture (perspiration) and controls chaffing due to repeated relative movement of the liner with respective to the body part).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the perforated neoprene layer of the brace taught by Madow, as it is an art-recognized material often used in splints, braces, joint supports etc… Furthermore, the neoprene serves to provide padding between the orthotic elements, as well as to better retain heat throughout the device.
Claim 12-14 are rejected under 35 U.S.C. 103 as obvious over Bryant (US 9387112 B2), in view of McB (US 11019862 B1), in view of Barreiro (US 11229803 B2), further in view of Laubach et al. (US 20150257918 A1, hereinafter “Laubach”).
Regarding Claim 12, Bryant in view of McB and Barreiro discloses all of the limitations of Claim 1. Bryant further discloses: wherein the heating element ((Figures 3-5, Shape memory alloy (SMA) wires 320, 420, 520) comprises:
a resistance heating wire (Figures 4-5, Columns 5-6, lines 67-7, When the device is activated, an electrical current heat the SMA wires 520 and causes them to straighten), (Column 5, lines 56-62, multiple actuator blocks 310 flexibly connect to each other via base elastic connector 340 and flexible wire 320…The flexible wires 320 act as the "motors" that drive the device. The flexible wires 320 are preferably shaped memory alloy (SMA) wires/sheet);
a resistance temperature detector operable to determine the temperature of the resistance heating wire (Column 2, lines 55-65, In a preferred embodiment, bioelectric, temperature, and thin pressure sensors will provide the inputs to the electrical system and batteries provide the electrical power [...] The microprocessor determines which actuators to activate or deactivate and in what sequence to do so to animate the appropriate joint proportionately to the users wishes);
Bryant does not explicitly disclose the device incorporating an insulator operable to encase the resistance heating wire and the resistance temperature detector
Laubach does disclose: an insulator operable to encase the resistance heating wire and the resistance temperature detector (Paragraph 0040, Accordingly, it is contemplated that such felt, or other heat insulating material 40 (see FIG. 5) also be associated with bottom side 15 of thermoplastic material 12 inasmuch as the bottom side will be the side that comes into contact with the skin of a patient. Heat insulating material 40 in FIG. 5 can serve as a resilient pad, known as a cast pad, and is placed on bottom side 15 of thermoplastic material 12 for providing thermal protection).
It would have been obvious to one skilled in the art before the effective filing date to incorporate the heat-insulator taught by Laubach with the heated wiring and electronics taught by Bryant, as it is a well-recognized feature in the art of heating devices. Further, as Laubach disclosed above, the insulator served to provide thermal protection and comfort for a user.
Regarding Claim 13, Bryant in view of McB, Barreiro, and Laubach discloses all of the limitations of Claim 12. Laubach further discloses: wherein the insulator is felt (Paragraph 0040, In addition to the felt acting as a binding agent, desired felt may also include some heat insulating properties. Accordingly, it is contemplated that such felt, or other heat insulating material 40 (see FIG. 5) also be associated with bottom side 15 of thermoplastic material 12 inasmuch as the bottom side will be the side that comes into contact with the skin of a patient. Heat insulating material 40 in FIG. 5 can serve as a resilient pad, known as a cast pad)
Regarding Claim 14, Bryant in view of McB, Barreiro, and Laubach discloses all of the limitations of Claim 12. Barreiro further discloses: wherein the resistance heating wire is nichrome (Column 5, lines 13-17, In a possible complementary embodiment, in addition to the nitinol or similar wires (3), the device may be equipped with wires or coils (5) preferably made of woven carbon, nichrome, nitinol or any other conductive element, such that, when heated to a certain temperature, the paraffin melt).
Allowable Subject Matter
Claims 8-10 and 20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The following is an examiner’s statement of reasons for allowance
Regarding Claim 8 and 20, the following limitation is the primary reason for allowance
wherein each of the plurality of extending elements comprises:
a shape memory alloy fiber;
an insulated resistance heating wire operable to coil around the shape memory alloy fiber;
a silicone tubing operable to encase the shape memory alloy fiber and the insulated resistance heating wire;
and perforated neoprene operable to encase the silicone tubing.
Bryant in view of McB and Barreiro disclose all of the limitations of Claim 1.
Bryant discloses: wherein each of the plurality of extending elements (Column 5, lines 24-25, the actuators 110 are preferably attached to each finger, the thumb, and the forearm) comprises: a shape memory alloy fiber (Figures 3-5, Shape memory alloy (SMA) wires 320, 420, 520)
Barreiro also discloses: wherein each of the plurality of extending elements comprises: a shape memory alloy fiber (Column 5, lines 14-17, the device may be equipped with wires or coils (5) preferably made of woven carbon, nichrome, nitinol or any other conductive element, such that, when heated to a certain temperature, the paraffin melts)
Madow discloses perforated neoprene operable to encase elements of the orthotic (Both layers contain an inner material 17 consisting of a flexible sheath of a heat-retaining material such as a closed-cell foam such as neoprene having a plurality of holes therethrough and a pair of coextensive stretch fabric liners 18 on either side of inner layer 17 that is preferably made of a fabric such as stretch nylon or a polypropylene that wicks moisture (perspiration) and controls chaffing due to repeated relative movement of the liner with respective to the body part).
Yang (CN 105816299 A) discloses a silicon sleeve operable to encase the shape memory alloy fiber and heating wire (Paragraph 0043, The outer surface of the bidirectional memory alloy rod 13 is covered with a silicone insulation sleeve 15, and the heating wire 14 is electrically connected to the control device 12. A semiconductor refrigeration sheet 16 is inlaid on the silicone insulation sleeve 15)
However, none of the prior art (applied individually or in combination) teaches “an insulated resistance heating wire operable to coil around the shape memory alloy fiber” and “a silicone tubing operable to encase the shape memory alloy fiber and the insulated resistance heating wire” nor does the prior art render said limitation obvious. As such, no prior art rejection was made for Claim 8 (and subsequent dependent Claims 9 and 10) or Claim 20.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MISHAL ZAHRA HUSSAIN whose telephone number is (703)756-1206. The examiner can normally be reached M-F, 8:30am - 5:00pm.
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 S. 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.
/MISHAL ZAHRA HUSSAIN/
Examiner
Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785