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 .
Priority
Applicant’s claim for the benefit of a prior-filed applications 63/233,835 and 63/369,163 under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), is acknowledged.
Election/Restrictions
Applicant’s election without traverse of Species III, Fig 17-30, claims 1-16 in the reply filed on August 18, 2025, is acknowledged.
While not identified by the Applicant, Claim 7 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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.
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 limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are: “a mechanism for locking and unlocking the ball joint” in claim 4.
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/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 remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 1-6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi, US 2022/0313533 (priority to Apr 2021) in view of Lonardo, US 3,976,059.
With respect to claim 1, Al-Oboudi discloses An adjustable fixture assembly (Fig 1) comprising: a base (Fig 1, base 102); a support member (Fig 1, support 122); a ball joint coupling a first end of the support member to the base (Fig 1, ball joint 124); a platform coupled to the second end of the support member (Fig 1, platform 104).
Al-Oboudi is silent on where the platform is fabricated from a transparent material and is configured to support a foot of a patient.
Lonardo teaches an analogous foot support mountable onto a support member (col 1 ll 40-45) where the platform is fabricated from a transparent material and is configured to support a foot of a patient (col 2 ll 25-35, transparent platform 21).
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 platform of Al-Oboudi to be transparent as taught by Lonardo in order to improve the user’s and observers view of the foot (Lonardo col 1 ll 55-60).
With respect to claim 2, Al-Oboudi/Lonardo discloses The adjustable fixture assembly of claim 1, wherein the platform is configured to pivot about all three degrees of freedom relative to the base (Al-Oboudi Fig 1, a ball joint allows 3 degrees of freedom relative to the base).
With respect to claim 3, Al-Oboudi/Lonardo discloses The adjustable fixture assembly of claim 2, wherein ball joint facilitates the pivoting of the platform about all three degrees of freedom relative to the base (Al-Oboudi Fig 1, a ball joint allows 3 degrees of freedom).
With respect to claim 4, Al-Oboudi/Lonardo discloses The adjustable fixture assembly of claim 3, wherein the ball joint includes a mechanism for locking and unlocking the ball joint (Al-Oboudi [0027], locking mechanism 120).
With respect to claim 5, Al-Oboudi/Lonardo discloses The adjustable fixture assembly of claim 2, wherein the three degrees of freedom include a first degree of freedom between a plantar flexion position and a dorsiflexion position, a second degree of freedom between a supination position and pronation position, and a third degree of freedom between an inwardly rotated position and an outwardly rotated position (Al-Oboudi Fig 11, a ball joint allows 3 degrees of freedom for ankle movement, this include flexion/dorsiflexion, supination/pronation, and rotation).
With respect to claim 6, Al-Oboudi/Lonardo discloses The adjustable fixture of claim 2, wherein the platform is statically coupled to the second end of the support member (Al-Oboudi, Fig 1, [0027], static coupling of support 122 and plate 102).
With respect to claim 10, Al-Oboudi/Lonardo discloses The adjustable fixture of claim 1, further comprising a foot support assembly (Al-Oboudi Fig 2, support assembly 114).
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Danielsson et al, US 6,726,642 in view of Livorsi, US 2008/0132818 and in view of Bergenudd et al, US 2017/0020710.
With respect to claim 1, Danielsson et al discloses An adjustable fixture assembly (Fig 1) comprising: a base (Fig 1, base is track 10);… a platform coupled to the second end of the support member (Fig 1, platform 7, joint system is support member)…configured to support a foot of a patient (Fig 1, platform support a foot).
Danielsson et al is silent on a support member; a ball joint coupling a first end of the support member to the base;…where the platform is fabricated from a transparent material and is configured to support a foot of a patient.
Livorsi teaches an analogous limb stabilization system for an ankle having on a support member (Fig 4, support member 102) a ball joint coupling a first end of the support member to the base (Fig 4, ball joint 100).
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 joint system of Danielsson et al to have a ball joint as taught by Livorsi in order to better reach the desired user limb angle (Livorsi [0031]).
Danielsson et al/Livorsi is silent on where the platform is fabricated from a transparent material and is configured to support a foot of a patient.
Bergenudd et al teaches an analogous user restraint for imaging wherein the whole of the device, including the platform, is transparent ([0045]) and the platform is capable of supporting a user (Fig 1, platform 21/23 supports an arm).
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 material of Danielsson et al/Livorsi to be transparent as taught by Bergenudd et al in order to improve image viewing (Bergenudd et al [0045]).
With respect to claim 8, Danielsson et al/Livorsi/Bergenudd et al discloses The adjustable fixture assembly of claim 1, further comprising a harness assembly with a handle and a pair of adjustable cables extending from the handle and securable to the platform (Danielsson et al Fig 1, harness assembly 1/12 with belt 1, usable as a handle as it can be grasped, and cables 12).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Danielsson et al/Livorsi/Bergenudd et al as applied to claim 8 above, and further in view of Rill, US 9,775,764.
With respect to claim 9, Danielsson et al/Livorsi/Bergenudd et al discloses The adjustable fixture assembly of claim 8.
Danielsson et al/Livorsi/Bergenudd et al is silent on wherein pair of adjustable cables are securable to the platform by a pair of T-joints.
Rill teaches an analogous tension system connected to a foot plate (Fig 3) wherein the tension cables are securable to the platform by a pair of T-joints (Fig 3, cables 30 to platform via t-joint 38/44).
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 between the cables and plate of Danielsson et al/Livorsi/Bergenudd et al to be a t joint as taught by Rill in order to have a system that can be tailored to a user (Rill col 1 ll 25-35).
Claims 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi/Lonardo as applied to claim 10 above, and further in view of Wooden, US 2016/0317371.
With respect to claim 11, Al-Oboudi/Lonardo discloses The adjustable fixture of claim 10, wherein the foot support assembly includes a heel strap (Al-Oboudi Fig 2, heel strap 114).
Al-Oboudi/Lonardo is silent on and a pair of rotating knobs that secure the heel strap to the platform.
Wooden teaches an analogous strap system comprising a pair of rotating knobs that secure the heel strap to the platform (Fig 1, Fig 2, knobs 50, 46, the knobs would allow for rotational motion when loosened as they are threaded fasteners and thus round connections).
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 strap connection to the platform of Al-Oboudi/Lonardo to be a knob system as taught by Wooden in order to allow for adjustment of the strap to the user (Wooden [0018]).
With respect to claim 12, Al-Oboudi/Lonardo/Wooden discloses The adjustable fixture of claim 11, wherein the heel strap is secured to the platform proximate to a bottom edge of the platform (Al-Oboudi Fig 3, heel strap near a bottom edge of platform).
With respect to claim 13, Al-Oboudi/Lonardo/Wooden discloses The adjustable fixture of claim 12, wherein the heel strap is rotatably adjustable by loosening the rotating knobs (Wooden Fig 1, Fig 2, knobs 50, 46 would allow for adjustment when loosened as they are threaded fasteners and thus round connections).
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 strap connection to the platform of Al-Oboudi/Lonardo to be a knob system as taught by Wooden in order to allow for adjustment of the strap to the user (Wooden [0018]).
With respect to claim 14, Al-Oboudi/Lonardo/Wooden discloses The adjustable fixture of claim 10, wherein the foot support assembly includes a heel strap (Al-Oboudi Fig 2, heel strap 114).
Al-Oboudi/Lonardo is silent on and a pair of rotatable couplings that secure the heel strap to the platform.
Wooden teaches an analogous strap system comprising a pair of rotatable couplings that secure the heel strap to the platform (Fig 1, Fig 2, knobs 50, 46, the knobs would allow for rotational movement when loosened as they are threaded fasteners and thus round connections).
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 strap connection to the platform of Al-Oboudi/Lonardo to be a knob system as taught by Wooden in order to allow for adjustment of the strap to the user (Wooden [0018]).
With respect to claim 15, Al-Oboudi/Lonardo/Wooden discloses The adjustable fixture of claim 14, wherein the heel strap is secured to the platform proximate to a bottom edge of the platform (Al-Oboudi Fig 3, heel strap near a bottom edge of platform).
With respect to claim 16, Al-Oboudi/Lonardo/Wooden discloses The adjustable fixture of claim 15, wherein the heel strap can freely rotate about the rotatable couplings (Wooden Fig 1, Fig 2, knobs 50, 46 would allow for adjustment when loosened as they are threaded fasteners and thus round connections).
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 strap connection to the platform of Al-Oboudi/Lonardo to be a knob system as taught by Wooden in order to allow for adjustment of the strap to the user (Wooden [0018]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Smith US 3,521,876- foot support for an imaging system
Carn US 2016/0228317- ankle support system with a ball joint
Hatch US 2017/0196749- limb restraint with a ball joint
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached at (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM BAKER/ Primary Examiner, Art Unit 3786