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 .
Status of Claims
This Office Action is in response to the remarks and amendments filed on November 11th, 2025. No claims have been canceled, claims 4-10, 20, and 23 have been withdrawn as such claims 1-3, 11-19, 21-22, and 24-28 are pending consideration in this Office Action.
Response to Amendment
The objections to the drawings are withdrawn in light of the amendments.
The objections to the claims are withdrawn in light of the amendments.
Election/Restrictions
Applicant's election with traverse of Group VIII in the reply filed on 11/11/2025 is acknowledged. The traversal is on the ground(s) that the search can be made without serios burden. This is not found persuasive because each of the different groupings are directed towards different means to increase force applied to the user that would necessitate search using different text and cpc areas. For example,
Group I directed towards the grip element would require search using terms such as grip, handle, lever, etc. and cpc areas such as A63B21/4035, A63B60/06, A63B53/14
Group II directed towards restoring means would require search terms such as elastic or spring or stretch and cpc areas such as A63B21/0552
Group III directed towards a step attached to the kneepad would require search terms such as step or push or foot with step or stairs
Group IV directed towards a weight attached to the kneepad would require search using terms such as weight or load or plate and cpc areas such as A63B2053/0491
Group V directed towards a receiving surface would require search using terms such as slant or incline or height and cpc areas such as A61H2203/0493
Group VI directed towards increasing a volume interface would require search using terms such as inflat$5 or balloon or cuff and cpc areas such as A61H9/0078
Group VII directed towards increasing a volume interface would require search using terms such as inflat$5 or balloon or cuff near bearing or bed or table and cpc areas such as A61H9/0078
Group VIII directed towards straps and kneepads would require search using terms such as straps or bands or elastic cpcs such as A63B2071/125 and A63B21/4047, A63B21/023
Group IX directed towards inextensible and incompressible rods with pivot would require search using terms such as rod or bar or pipe or rigid or incompressible or inextensible or hard and cpcs such as A63B2071/125 and A63B21/4047
Group X directed towards means for shortening a linking element would require search using terms such as shorten or less or small and cpcs such as A63B21/00069
The requirement is still deemed proper and is therefore made FINAL.
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.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
Regarding the ”means arranged to constrain the relative movement of the knee/kneepad” in claims 2-3,
(A) Uses the term “means”
(B) The functional language that modifies the “means” is “arranged to constrain the relative movement of the knee/kneepad”
(C) “means” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the means are straps which are arranged to pull the kneepad as described in the specification and drawings.
Regarding the ”an element attached to a bearing surface” in claim 13,
(A) Uses the term “element” which is a generic placeholder for means
(B) The functional language that modifies the “element” is “attached to the bearing surface”
(C) “element” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the element is a structure that blocks lateral movement of the leg as shown in Fig. 9 of the drawings.
Regarding the ”an element attached to a kneepad” in claim 13,
(A) Uses the term “element” which is a generic placeholder for means
(B) The functional language that modifies the “element” is “attached to the kneepad”
(C) “element” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purposes of examination, the element is a connector making it possible to hook the kneepad up the at least one linking elements (straps) as described in the specification.
Regarding the “the restoring means” in claims 15 and 28
(A) Uses the term “restoring means” which is a generic placeholder for means
(B) The functional language in claim 15 that modifies the “means” is “restoring” as it is a means for restoring. In claim 28 the function language that modifies the “means” is “arranged to have an influence on the mobilizing force”
(C) “restoring means” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purpose of examination, the restoring means is a spring which are as described in the specification and drawings.
Regarding the “means for replacing” in claim 16,
(A) Uses the term “means”
(B) The functional language that modifies the “means” is “for replacing the at least one restoring means”
(C) “means” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purpose of examination, means for replacing is being interpreted as set of several interchangeable springs as described in the specification and drawings.
Regarding the “means for varying” in claim 16,
(A) Uses the term “means”
(B) The functional language that modifies the “means” is “for varying the rigidity of the at least one restoring means”
(C) “means” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purpose of examination, means for varying is being interpreted as set of several interchangeable springs and/or a spring with adjustable force described in the specification and drawings.
Regarding the “means arranged to modify a lever arm” in claim 22
(A) Uses the term “means”
(B) The functional language that modifies the “means” is “arranged to modify a lever arm”
(C) “means” is not modified by sufficient structure for performing the claimed
functions, therefore 35 U.S.C. 112(f) is invoked.
For purpose of examination, the means are additional straps which are as described in the specification and drawings.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitations recite sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation is:
the means for increasing the mobilizing force in claim 1 and any other recitation
at least one linking element in claim 13 and any other recitation
Because this/these claim limitations are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitations do not recite sufficient structure, materials, or acts to perform the claimed function.
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.
Claims 1-3, 11, 17, 19, 22, 24, and 26 are rejected under 35 U.S.C. 103 as being unpatentable over Koenig (US 20180303696) in view of Ewing (US 20100249672).
Regarding claim 1, Koenig discloses
a device for mobilizing the human osteo-musculotendinous system (figs. 3-16) a rehabilitation mechanism for bedridden patients to move the bones joints, muscles, and tendons; such as the knee joint; [0001], [0004], and [0028]-[0029), comprising:
- a kneepad, arranged to cover a knee of a human user so as to hold the knee in the kneepad to hold said kneepad supported on the knee and to hold the knee in the kneepad (figs. 4-7; knee orthosis 51 is placed on the knee and secured with straps 43, knee orthosis 51 with connection element 52 receives knee joint of the patient; [0032] and [0073]),
and said kneepad being arranged to exert a mobilizing force on the knee covered by the kneepad (figs. 4-7; extension arm 53 with mechanical device 61 exerts an ideal force N into the knee orthosis 51; [0085] and [0094]), the kneepad being arranged, at least during the exertion of a mobilizing force (ideal force is chosen by therapist and may be different patient to patient; [0085]) , to mold to the shape of a knee, to prevent the knee from slipping out of the kneepad perpendicularly to the direction of the mobilizing force when the kneepad is in contact with the knee and covers the knee (figs. 3-16; knee orthosis 51 is held onto knee with straps 43, patient can slip on account of force N or gravity due to positioning of the mattress, however, control circuit can adjust eccentrics 63, 64 simultaneously with rehabilitation movement to position proximal portion 532 of extension arm 53 correctly; [0085], [0108]-[0110]; therefore, keeping the knee orthosis molded to the knee at a contact point);
* said mobilizing force putting pressure on the knee and being directed towards a bearing surface (see figs. 3-4; arrow pointing downward with N shows direction of mobilizing force towards the mattress 20 of the bed 10; [0070] and [0085]) arranged to support the user's pelvis (see figs. 1-7, patient 90 lies on mattress 20 of the bed 10, in other words bed supports user’s pelvis) to generate a compression of the pelvis (figs. 4-16; knee 93 rotates about the hip joint; [0085], [0089], [0105]; rotation around hip joint would cause a compression of the hip joint);
* said mobilizing force having a direction that leads from the kneepad to the bearing surface (see figs. 3-4; arrow pointing downward with N shows direction of mobilizing force); and
- means for increasing the mobilizing force from the kneepad to the bearing surface supporting the user's pelvis (figs. 3-5; knee module 50 with extension arm 53 and mechanical device 61 exerts an ideal force N into the knee orthosis 51, force can be adjusted/increased using eccentrics 63, 64; [0085] and [0094]), so that the mobilizing force is greater than 30 kg,
the mobilizing force having a direction parallel to a straight line perpendicular to the bearing surface arranged to support the user's pelvis (figs. 3-4“Ideal angles could be defined, for example, such that a force N is always introduced perpendicularly with respect to the mattress 20, or tangentially with respect to the circular motion (or the trajectories T) which the knee 93 describes about the hip rotation point”; [0085]) plus or minus 30° (figs. 4-5; adjustment mechanism 70 adjusts bed 10 from a horizontal position to a vertical position and bed/mattress frame 11, 21 are designed to be adjustable in height and/or inclination; [0070], [0078]; therefore, the adjustment mechanism 70 is capable of adjusting the bed 10/patient 90 plus 30° above horizontal).
Koenig is silent as to the exertion of a mobilizing force beyond a threshold of 20 kg and the mobilizing force being greater than 30 kg.
Ewing discloses an analogues rehabilitation mechanism for the knee with
the exertion of a mobilizing force beyond a threshold of 20 kg (figs. 1-5; exercising the joint 40 “involving multiple cycles using a force F of about 70 to 80 pounds (lbs) and flexing a joint 40 such as a knee, to an angle of around 90° during each cycle”; [0060], 70-80 lbs is equal to about 31.75-36.29 kg)
and means for increasing the mobilizing force from the kneepad to the bearing surface, so that the mobilizing force is greater than 30 kg (figs. 1-5; exercising the joint 40 with knee engagement portion 26 using a force F of about 70 to 80 pounds (lbs) and flexing a joint 40 such as a knee, to an angle of around 90° during each cycle”; [0046] and [0060]; 70-80 lbs is equal to about 31.75-36.29 kg).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ideal force of Koenig to be a force of about 70 to 80 lbs as disclosed in Ewing to exercise the knee with a force that is beneficial to attaining a full range of motion after a knee surgery (Ewing: [0060]).
Regarding claim 2, Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the device moreover comprises means arranged to constrain (figs. 3 and 12-16; rehabilitation mechanism 30 has an angle sensor 55 and force sensor 56 with a controller that is used to adjust/constrain the movement of the extension arm 53; [0084] and [0085], [0108]-[0110]), during the increase in the mobilizing force by the means for increasing the mobilizing force (see figs. 3-5; knee module 50 with extension arm 53 and mechanical device 61 exerts an ideal force N into the knee orthosis 51 by moving extension arm 53 down into the knee orthosis 51, force can be adjusted/increased using eccentrics 63, 64; abstract, [0085], and [0094]), the relative movement of the kneepad with respect to the bearing surface according to a constrained course (see figs. 3 and 12-16; controller constrains the course of the extension arm 53 so that the knee orthosis 51 is set to a desired angle, such as always being at 90°, providing force perpendicular to the bed 10; [0085], and [0094], [0107]-[0116]),
the mobilizing force having its direction contained in a mobilizing force exertion plane (see figs. 3 and 12-16; controller constrains the course of the extension arm 53 so that the knee orthosis 51 is set to a desired angle, such as always being at 90°, providing force perpendicular to the bed 10; [0085], and [0094], [0107]-[0116], in other words, constraining the direction of the force),
the means arranged to constrain the relative movement of the knee with respect to the bearing surface are arranged to keep the position of the mobilizing force exertion plane fixed during the increase in the mobilizing force (see figs. 3-7 and 12-16; controller constrains the course/direction of the extension arm 53; [0085], and [0094], [0107]-[0116]; the controller adjusting the course/direction of the extension arm can be done simultaneously with respect to planned rehabilitation movements; [0068], [0099]-[0104] and [0107]-[0110]).
Regarding claim 3, the modified device of Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 2,
characterized in that the means arranged to constrain the relative movement of the knee with respect to the bearing surface (see controller, angle sensor, and force sensor in claim 2) are arranged to keep the direction of the mobilizing force fixed (the controller adjusting/constraining the direction of the extension arm can be done simultaneously with respect to planned rehabilitation movements (exerting force N into knee orthosis 51); [0068], [0099]-[0104] and [0107]-[0110]) during the increase in the mobilizing force (see figs. 3-5; knee module 50 with extension arm 53 and mechanical device 61 exerts an ideal force N into the knee orthosis 51 by moving extension arm 53 down into the knee orthosis 51, force can be adjusted/increased using eccentrics 63, 64; abstract, [0085], and [0094]).
Regarding claim 11, the modified device of Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the means for increasing the mobilizing force are arranged to increase this mobilizing force while decreasing a distance between the kneepad and the bearing surface (Koenig: see figs. 3-5; knee module 50 with extension arm 53 and mechanical device 61 exerts an ideal force N into the knee orthosis 51 by moving extension arm 53 down into the knee orthosis 51, force can be adjusted/increased using eccentrics 63, 64; abstract, [0085], and [0094]).
Regarding claim 13, Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the device comprises at least one linking element (fig. 3; connection element 52 of knee orthosis 51 is mounted into receiving points 54 of extension arm 53 through hinges/connection; [0081] and [0085]) connecting:
- the kneepad or an element attached to the kneepad (fig. 3; connecting element 52 of knee orthosis 51; [0081]);
- to the bearing surface or to an element attached to the bearing surface (fig. 3; connection element 52 is mounted to extension arm 53 which is connected to the support plate 32 attached to the bed 10; [0071]-[0073], [0081]).
Regarding claim 17, Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 13,
characterized in that the device comprises the bearing surface (fig. 3; bed 10 with rehabilitation mechanism 30; [0071]) and in that the device comprises, on the bearing surface or on an element attached to the bearing surface (fig. 4; support plate 32 is attached to bed 10; [0071]), a pivot pin (fig. 3; control pins 633, 643 in conjunction with butterfly nuts 57; [0072]-[0073], [0080], [0091]), the at least one linking element configured to connect the pivot pin to the kneepad (fig. 3; connection/hinges of connection element 52 of knee orthosis 51 is mounted into receiving points 54 of extension arm 53; [0081] and [0085]; thereby the knee orthosis 51 is operably connected to the control pins 633, 643, through the extension arm 53) and being arranged to pivot about the pivot pin, causing the kneepad to pivot about the pivot pin (see figs. 3 and 8a-11c; extension arm 53 is arranged to pivot about the control pins 633, 643 which directly causes the connection element 52 of knee orthosis 51 to pivot; [0080]).
Regarding claim 19, Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 17,
characterized in that the pivot pin is offset with respect to the pivot point of the knee with respect to the pelvis (figs. 3-4 and 8a-11c; control pins 633, 643 are offset to the right with respect to the central hinge of the orthosis 51 where the knee joint 93 lies; [0079]-[0080]) such that the means for increasing the mobilizing force (figs. 3-5; knee module 50 with extension arm 53 and mechanical device 61 exerts an ideal force N into the knee orthosis 51, force can be adjusted/increased using eccentrics 63, 64; [0085] and [0094]) are arranged to increase this mobilizing force by pivoting the kneepad about the pivot pin (see figs. 3 and 8a-11c; extension arm 53 is arranged to pivot about the control pins 633, 643 which directly causes the connection element 52 of knee orthosis 51 to pivot; [0080]).
Regarding claim 22, Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 17,
characterized in that the device comprises means arranged to modify a lever arm applied to the kneepad during its rotation about the pivot pin (figs. 3 and 8a-11c; eccentrics 63, 64 rotate control pins 633, 643 which displace/rotate the extension arm 53 about the pins; thereby rotating the knee orthosis 51 which is mounted to the extension arm 53; [0080]-[0081], [0094]).
Regarding claim 24, the modified device of Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the bearing surface forms part of the device (fig. 3; bed 10 with rehabilitation mechanism 30; [0071]) and comprises:
- a backrest of a chair or an armchair, or
- a table, or
- a bed (figs. 3-7; bed 10; [0071]).
Regarding claim 26, the modified device of Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the kneepad forms part of a set of two attached kneepads (see figs. 3-7; there is a knee orthosis 51 for each knee 93; [0073]).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Koenig (US 20180303696) in view of Ewing (US 20100249672) and further in view of Howard (US 3550585).
Regarding claim 25, the modified device of Koenig discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the kneepad (figs 3-7; knee orthosis 51 with connection arm 52; [0073]) comprises:
a peripheral area intended to surround the patella of the knee (the recitation of “a peripheral area intended to surround the patella of the knee” is intended use and therefore not given any patentable weight; regardless see figs. 3 and 4, connection arm 52 surrounds and is in contact with the knee and can be adjusted; [0073], [0085], [0094]; therefore, is capable of being in contact with/surrounding the patella)
in contact with the patella of the knee (the recitation of “a central area intended to be in contact with the patella of the knee” is this is intended use and therefore not given any patentable weight; regardless see figs. 3 and 4, connection arm 52 is in contact with the knee and can be adjusted; [0073], [0085], [0094]; therefore, is capable of being in contact with the patella)
or - an empty central area intended to be located at the patella of the knee and a peripheral area intended to surround the patella of the knee.
The modified device of Koenig does not explicitly disclose a central area and a peripheral area, the peripheral area having a greater rigidity than the central area, or - an empty central area intended to be located at the patella of the knee and a peripheral area intended to surround the patella of the knee.
Howard discloses an analogues knee apparatus for exercising the similar loading on the knee with a padded knee plate 30 (fig. 1; col. 2, lines 42-48).
- a central area intended to be in contact with the patella of the knee (the recitation of “a central area intended to be in contact with the patella of the knee” is intended use and therefore not given any patentable weight; regardless, fig. 1; suitable pad 32 is molded to conform to a portion above the knee such that the knee can be positioned/received within the knee plate 30, see fig. 2 which shows padded knee plate exerting force onto the knee; col. 2, lines 45-48; lines 56-61; and lines 67-70) and a peripheral area intended to surround the patella of the knee (the recitation of “a peripheral area intended to surround the patella of the knee” is intended use and therefore not given any patentable weight; regardless, see fig. 1; outer knee plate 30 surrounds the pad 32 which is molded to conform to a portion above the knee such that the knee can be positioned/received within the knee plate 30, see fig. 2 which shows padded knee plate exerting force onto the knee; col. 2, lines 45-48; lines 56-61; and lines 67-70), the peripheral area having a greater rigidity than the central area (fig. 1; “knee plate 30 consists of a generally U-shaped metal plate having a suitable pad 32”; col. 2, lines 45-48, therefore, it would have been readily understood by one of ordinary skill in the art that the outer metal plate 30 would be more rigid than the inner pad 32),
or - an empty central area intended to be located at the patella of the knee and a peripheral area intended to surround the patella of the knee.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection arm 52 with the padded metal knee plate of Howard to have a molded inner portion that generally conforms to the subject providing minimal discomfort while being able to apply compressive forces to the lower legs of the subject (Howard: col. 2, lines 45-48 and col. 3, lines 53-56; col. 1, lines 61-63).
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Koenig (US 20180303696) in view of Ewing (US 20100249672) and further in view of Branch (US 20200155077).
Regarding claim 27, the modified device of Koenig further discloses
the device (Koenig: rehabilitation mechanism providing force to the knee; Ewing: force of 70-80lbs) according to claim 1,
characterized in that the device comprises a system for measuring (Koenig: fig. 3; force N introduced into the knee orthosis 51 is monitored by means of force sensor 56; [0094]).
Koenig does not explicitly disclose the device displaying the value of the mobilizing force.
Branch discloses an apparatus for monitoring and manipulating a knee joint with a computer
displaying the value of the mobilizing force (fig. 8; computer 202 may be connected to a user display 205 such as a monitor or screen, where a sensor or force gauge may be used on the pads of the knee joint stabilizer 74 to provide pressure data that may be visibly displayed as needed; [0065]-[0066], [0078], [0126]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the control module of Koenig with the computer with a user display as disclosed in Branch to visibly display information and feedback to the examiner/user to achieve the desired downward clamping force (Branch: [0065]-[0066], [0078], [0126]).
Claims 1, 12-17, 21, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US 20140057766) in view of Kanicki (US 3659846) and further in view of Gharavi (DE 202015001253) and its translation (Espacenet Translation) and Zhuang (US 20070270293).
Regarding claim 1, Rapp discloses
a device for mobilizing the human osteo-musculotendinous system (fig. 5; an exercise apparatus which allows user to perform various exercises, in other words the user is mobilizing the human osteo-musculotendinous system; abstract; [0006] and [0029]-[0030]), comprising:
a pad arranged to exert a mobilizing force on the knee (see fig. 5; user is performing exercises such as knee ups with resistance band 28, by pulling on the band with foot pieces 1, 2; [0019]-[0020] and [0029]-[0030]; such exercises would also exert some force onto the knee)
* said mobilizing force putting pressure on the knee and being directed towards a bearing surface (see fig. 5 where user is performing exercise with resistance band on a bench; force of resistance band 28 is directed towards a bench through bench attachment; [0019], [0023]-[0026]) is directed towards arranged to support the user's pelvis (see fig. 5; bench supports the user, in other words supports the pelvis) to generate a compression of the pelvis (fig. 5;using resistance bands to perform different exercises which exercise lower abdominal muscles; [0006] and [0030], exercising the lower abdominal muscles would generate compression on the pelvis/pelvic floor);
* said mobilizing force having a direction that leads from the pad to the bearing surface (see fig. 5; resistance band 28 extends from foot pieces 1, 2 towards bench attachment 20; [0019]-[0020]; when exercising, it is inherent that increasing distance of foot pieces from bench attachment would stretch the resistance band creating a downwards resistance force in a direction towards the bench); and
means for increasing the mobilizing force from the pad (see fig. 5; resistance band 28 extends from foot pieces 1, 2 towards bench attachment 20; [0019]-[0020]; when exercising, it is inherent that increasing distance of foot pieces from bench attachment would stretch the resistance band increasing the downwards force towards the bench the further it is stretched) to the bearing surface supporting the user's pelvis (see fig. 5; bench supports the user, in other words supports the pelvis);
the mobilizing force having a direction parallel to a straight line perpendicular to the bearing surface (see fig. 5, use performing an exercise such as a knee up, would stretch the resistance band 28 creating a downwards force towards the bench attachment 20 of the bench, in other words the force is being applied in a direction that is parallel to a perpendicular line of the bench).
Rapp does not explicitly disclose - a kneepad, arranged to cover a knee of a human user so as to hold the knee in the kneepad to hold said kneepad supported on the knee and to hold the knee in the kneepad, and said kneepad being arranged to exert a mobilizing force on the knee covered by the kneepad, the kneepad being arranged, at least during the exertion of a mobilizing force beyond a threshold of 20 kg, to mold to the shape of a knee, to prevent the knee from slipping out of the kneepad perpendicularly to the direction of the mobilizing force when the kneepad is in contact with the knee and covers the knee; - means for increasing the mobilizing force from the kneepad to the bearing surface supporting the user's pelvis, so that the mobilizing force is greater than 30 kg, the bearing surface arranged to support the user's pelvis plus or minus 30°.
Kanicki discloses a similar modality construction to perform rehabilitation exercise with
- a kneepad, arranged to cover a knee of a human user so as to hold the knee in the kneepad supported on the knee to hold said kneepad supported on the knee and to hold the knee in the kneepad (figs. 1-5; pad 1 that covers knee of the user and has straps 5 and 5a to keep it attached; col. 1, lines 65-69 and col. 2, lines 1-13),
and said kneepad being arranged to exert a mobilizing force on the knee covered by the kneepad (figs. 1-5; the pad 1 has force transmitting strap 7, 10 which is stitched in to envelope 3 of the pad 1 to apply a force of the knee joint; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71), the kneepad being arranged, at least during the exertion of a mobilizing force, to mold to the shape of a knee, to prevent the knee from slipping out of the kneepad perpendicularly to the direction of the mobilizing force when the kneepad is in contact with the knee and covers the knee (this is intended use and therefore not given any patentable weight; regardless see figs 1-2 and 4; knee pad 1 has straps 5 and 5a on opposite ends of the envelope 3 to keep the pad 1 attached to the knee, thus, would be capable of preventing the knee from slipping out perpendicularly to the direction of the mobilizing force. Additionally, as force is applied by force transmitting straps 7, 10 and spring 13, such force would help mold the envelope of pad to the knee as it contacts the knee joints; col. 1, lines 65-75; col. 2, lines 1-13 and lines 63-71).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the foot pieces of Rapp with the knee pad, attaching straps, and force transmitting straps of Kanicki such that knee pad with straps are attached to the resistance band. Therefore, the user wearing the knee pad to perform the exercises of Rapp would yield the predictable result of applying and releasing a force to a portion of the body to exercise, precondition, or rehabilitate the skeletal musculature of the person (Kanicki: col. 1, lines 1-5 and 30-48; claim 1).
It directly follows that the resultant exercise apparatus of Rapp combined with the knee pad, attaching straps, and force transmitting straps of Kanicki would meet the claimed structural limitations since:
means for increasing the mobilizing force from the kneepad (Kanicki: knee pad 1 and force transmitting strap 7,10 providing a force onto the knee; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71) to the bearing surface supporting the user's pelvis (Rapp: see fig. 5; resistance band 28 extends from pads of Kanicki towards bench attachment 20 where bench supports the users pelvis; [0019]-[0020]; when exercising, it is inherent that increasing distance of pad of Kanicki from bench attachment would stretch the resistance band increasing the downwards force towards the bench the further it is stretched).
The modified device of Rapp does not explicitly disclose the mobilizing force beyond a threshold of 20 kg- the mobilizing force is greater than 30 kg, the bearing surface arranged to support the user's pelvis plus or minus 30°.
Gharavi discloses an elastic training system comprising a training system 1/bands connected to a training interface that connected to a body part [0005], [0053] where
the mobilizing force beyond a threshold of 20 kg (fig. 1; elastic band of training system can be designed for resistances of 22 kg +/- 15% and 44 kg +/- 15%; [0016]-[0017])
- the mobilizing force is greater than 30 kg (fig. 1; elastic band of training system can be designed for resistances 44 kg +/- 15%; [0016]-[0017]; in other words, when fully stretched a force of 44kg or more is applied).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the resistance band of Rapp with the training system 1/bands of Gharavi to yield the predictable result providing a resistance to for reliable and flexible training/exercise by having adjustable elastic bands based on the size of the person being trained and the amount resistance required for training (Gharavi: [0002], [0014]-[0018], [0058]). Additionally, it would be obvious that such modification can be done to optimize the exercises of Rapp based on a how much resistance a user needs for the exercise by simply removing the clips of resistance band Rapp from the system and replacing it with the elastic band of Gharavi.
The modified device of Rapp further does not disclose the bearing surface arranged to support the user's pelvis plus or minus 30°.
Zhuang discloses a multifunctional-purpose fitness apparatus with a bench where
the bearing surface arranged to support the user's pelvis plus or minus 30° (figs. 5-7; bench assembly has a seat pad 396 with a front seat pad 162 and rear seat pad 164, the rear seat pad 164 may incline at an angle of between 0 and 180 degrees relative to front seat pad 162 for a sitting exercise position; [0094], therefore the bench assembly is capable of being adjusted to 30°).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bench of Rapp with the adjustable bench assemble/seat pads of Zhuang to allow the user to selectively adjust the incline/recline of the bench based on the type of exercise and allows the user to perform multiple exercising positions (Zhuang: [0094] and [0102]).
Regarding claim 12, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with 44 kg resistance; Zhuang: adjustable bench) according to claim 1,
characterized in that the means for increasing the mobilizing force are arranged to increase this mobilizing force while increasing a distance between the kneepad (Kanicki: knee pad 1 and force transmitting strap 7,10 providing a force onto the knee; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71) and a plane tangential to the bearing surface (Rapp: see fig. 5; resistance band 28 extends from pads of Kanicki towards bench attachment 20; [0019]-[0020]; when exercising, it is inherent that increasing distance of pad of Kanicki from the bench and bench attachment would stretch the elastic band increasing the downwards force towards the bench the further it is stretched).
Regarding claim 13, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with 44 kg resistance; Zhuang: adjustable bench) according to claim 1,
characterized in that the device comprises at least one linking element (Kanicki: force transmitting straps 7, 10; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71; Gharavi: training system 1 with non-elastic bands 20; [0051] and [0059]) connecting:
- the kneepad or an element attached to the kneepad (Kanicki: force transmitting straps 7, 10 are attached to the envelope 3 of knee pad 1; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71);
- to the bearing surface or to an element attached to the bearing surface (Rapp: resistance bands 28 are connected to bench attachment 20; [0019], [0023]-[0026]; Gharavi: training system 1 with non-elastic bands 20; [0051] and [0059]; Rapp has been modified for training system 1 with elastic and non-elastic bands to be attached to bench attachment of Rapp and force transmitting straps of Kanicki, see claim 1).
Regarding claim 14, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with 44 kg resistance; Zhuang: adjustable bench) according to claim 13,
characterized in that the at least one linking element comprises at least one strap (Kanicki: force transmitting straps 7, 10; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71; Gharavi: training system 1 with non-elastic bands 20 (straps); [0051] and [0059]) or a rod.
Regarding claim 15, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with 44 kg resistance; Zhuang: adjustable bench) according to claim 13,
characterized in that the device comprises at least one restoring means that is elastic along the at least one linking element (Gharavi: elastic bands 30 (restores after being stretched) are placed along the training system 1; [0016]-[0017] and [0051]),
said restoring means having a given rigidity along the at least one linking element connecting the kneepad to the bearing surface (Gharavi: elastic bands 30 (restores after being stretched) are designed for resistances of 44kg and are placed along the training system 1; [0016]-[0017] and [0051]; Rapp: resistance bands 28 are connected to bench attachment 20; [0019], [0023]-[0026]; Rapp has been modified for training system 1 with elastic and non-elastic bands to be attached to bench attachment of Rapp and force transmitting straps of Kanicki, see claim 1).
Regarding claim 16, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with multiple resistance; Zhuang: adjustable bench) according to claim 15,
characterized in that the device comprises means for replacing the at least one restoring means from different restoring means with different rigidity (Gharavi: training system 1 10 has detachable elastic bands 30, 33 using clips 25, 32; other sets of elastic bands can be attached such as 22 kg; in other words different rigidity/spring constants; [0014]-[0018] and [0051], additionally two elastic bands 30 can be provided to double the spring constant) and/or means for varying the rigidity of the at least one restoring means.
Regarding claim 17, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with multiple resistance; Zhuang: adjustable bench) according to claim 13,
characterized in that the device comprises the bearing surface (Rapp: see fig. 5; bench with bench attachment 20; [0019], [0023]-[0026]) and in that the device comprises, on the bearing surface or on an element attached to the bearing surface, a pivot pin (Rapp: fig. 5; loop attachment 23 of bench attachment 20; [0025] and Gharavi: fig. 1; suspension 10 and upper loop 26 of training system 1; [0051] acts as a pivot pin which allows training system to rotate about), the at least one linking element (Kanicki: force transmitting straps 7, 10; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71; Gharavi: training system 1 with non-elastic bands 20 (straps); [0051] and [0059]) configured to connect the pivot pin to the kneepad (Kanicki: force transmitting straps 7, 10 are attached to the envelope 3 of knee pad 1; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71) and being arranged to pivot about the pivot pin, causing the kneepad to pivot about the pivot pin (Rapp: resistance bands 28 are connected/pivoted about loop attachment 23 of bench attachment 20; [0019], [0023]-[0026]; Gharavi: training system 1 with non-elastic bands 20; [0051] and [0059]; Rapp has been modified for training system 1 with elastic and non-elastic bands to be attached to bench attachment of Rapp and force transmitting straps 7, 10 of pad 1 of Kanicki through loop attachment of Rapp and carabiner clips/suspensions of Gharavi).
Regarding claim 21, the modified device of
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with multiple resistance; Zhuang: adjustable bench) according to claim 17,
characterized in that the at least one linking element comprises two straps (Kanicki: force transmitting straps 7, 10; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71; Gharavi: training system 1 with non-elastic bands 20 (straps); [0051] and [0059]) connecting two sides of the kneepad (Kanicki: see fig. 1; strap 10 is connected to either side of the force transmitting strap 7 to connect two sides of the pad 1; col. 2, lines 44-50) to two anchoring points arranged along the pivot pin (Gharavi: the training system comprises two sets of band/straps for each limb with each ends of non-elastic bands 20 having upper lops 25 to be anchored to suspension 10; [0051]), the means for increasing the mobilizing force being arranged to increase this mobilizing force by pivoting the straps about the pivot pin (Rapp: see fig. 5; resistance band 28 extends from bench attachment; therefore, when exercising with the modified device, such as performing knee ups or rotating knees away from bench, it is inherent that increasing distance from bench attachment would stretch the resistance/elastic band increasing the downwards force towards the bench the further it is stretched).
Regarding claim 28, the modified device of Rapp further discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with multiple resistance; Zhuang: adjustable bench) according to claim 1,
characterized in that:
- the kneepad comprises at least one restoring means that is elastic (Gharavi: elastic bands 30 (restores after being stretched) are placed along the training system 1; [0016]-[0017] and [0051]); and/or
– the device comprises the bearing surface and in that the bearing surface comprises at least one restoring means that is elastic;
said restoring means having a given rigidity arranged to have an influence on the mobilizing force exerted (Gharavi: elastic bands 30 (restores after being stretched) are placed along the training system 1 and have a spring constant, when stretched are designed for providing resistances of 44kg +/- 15%; [0016]-[0017] and [0051]) on the kneepad (Kanicki: force transmitting straps 7, 10; col. 1, lines 65-75 and col. 2, lines 9-17 and lines 63-71) towards the bearing surface (Rapp: resistance bands 28 are connected to bench attachment 20; [0019], [0023]-[0026]; Rapp has been modified for training system 1 with elastic and non-elastic bands of Gharavi to be attached to bench attachment of Rapp and force transmitting straps of Kanicki, see claim 1).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US 20140057766) in view of Kanicki (US 3659846) and further in view of Gharavi (DE 202015001253) and its translation (Espacenet Translation), Zhuang (US 20070270293), and Watnik (US 5755647).
Regarding claim 18, the modified device of Rapp discloses
the device (Rapp: exercise apparatus; Kanicki: knee pad with attaching straps and force transmitting straps; Gharavi: training system 1 with elastic band with multiple resistance; Zhuang: adjustable bench) according to claim 17, characterized in that
The modified device of Rapp does not explicitly disclose the device comprises a mark or a stop arranged to make it possible to position the user's pelvis offset with respect to the pivot pin.
Watnik disclose an exercise appliance for abdominal muscles where
the device comprises a mark or a stop (figs. 11-12; exercise bench 210 comprises an abdominal exercise appliance with a curved contact surface 203 and adjustable stop; col. 14, lines 40-67 and col. 15, lines 1-11) arranged to make it possible to position the user's pelvis offset (see figs. 3-4b and 11-12; abdominal exercise appliances offset/tilt the user’s pelvis 15; col. 7, lines 27-56)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bench of the modified device of Rapp with the abdominal exercise appliance of Watnik to further condition/strengthen the abdominal muscles of the user by providing the compression to tilt the pelvis anteriorly and straightening the lordotic curvature (Watnik: col. 4, lines 38-50)
It directly follows that the resultant bench of the modified device of Rapp combined with the abdominal exercise appliance of Watnik would meet the claimed structural limitations since:
The device arranged to make it possible to position the user's pelvis offset (Watnik: see figs. 3-4b and 11-12; abdominal exercise appliances offset/tilt the user’s pelvis 15; col. 7, lines 27-56; therefore, would anteriorly tilt/offset with respect to the pivot) with respect to the pivot pin (Rapp: fig. 5; loop attachment 23 of bench attachment 20; [0025] and Gharavi: fig. 1; suspension 10 and upper loop 26 of training system 1; [0051] acts as a pivot pin which allows training system to rotate about).
Alternatively in another interpretation, Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Rapp (US 20140057766) in view of Kanicki (US 3659846) and further in view of Gharavi (DE 202015001253) and its translation (Espacenet Translation), Zhuang (US 20070270293), and Leismer (US 7662115).
Regarding claim 21, the modified device of Rapp discloses
the means for increasing the mobilizing force being arranged to increase this mobilizing force by pivoting the straps about the pivot pin (Rapp: see fig. 5; resistance band 28 extends from bench attachment; therefore, when exercising with the modified device, such as performing knee ups or rotating knees away from bench, rotating around the pivot, it is inherent that increasing distance from bench attachment would stretch the resistance/elastic band increasing the downwards force towards the bench the further it is stretched)
The modified device of Rapp does not disclose the two straps connecting to two anchoring points on opposite sides of the bench attachment/pivot.
Leismer which discloses a device for mechanically stimulating bone of muscle of the user
characterized in that the at least one linking element comprises two straps (see figs. 1-2; two connecting structures 130 on opposite sides of the restraint 115 (knee pad) has adjustable knob 414 for adjusting levels of load/compression; col. 1, lines 39-50) connecting two sides of the kneepad to two anchoring points arranged along the pivot pin (see figs. 1-2 and 4; two connecting structures 130 on opposite sides of the restraint 115 (knee pad) to two anchoring points of the frame 120 allowing the connecting structure to pivot- see fig. 5; col. 4, lines 53-63)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the arrangement of the straps and bands of the modified device of Rapp with the arrangement of having two connecting structures on opposite sides of the restrain (knee pad) and frame (bench attachment) of Leismer to yield the predictable result of providing an adjustable a compressional coupling force and localized tensile force to the region to be treated (Leismer: col. 1, lines 39-50) and inducing more equal resistance across both sides of the knee pad to ensure balance.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 11-19, 21-22, and 24-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Eddy (US 20180311526) – A mobility enhancement system that has a knee support that extends around the knee providing force with a cable mechanism
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.R.R./Examiner, Art Unit 3785
/VICTORIA MURPHY/Primary Patent Examiner, Art Unit 3785