DETAILED ACTION
This is a Final Rejection for Application 17/979,224 filed November 02, 2022. Claims 1-6, 9-12 and 16 are currently pending.
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
This application repeats a substantial portion of prior Application No. 16/160,092, filed 15 October 2018, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application.
Applicant acknowledged that the present application contains a considerable part of the disclosure of commonly-owned U.S. Application No. 16/160,092, filed 15th October 2018 in the Remarks filed June 10, 2025 and maintains that the present application is independent from U.S. Application No. 16/160,092. The effective filing date of the present application will remain November 02, 2022.
Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Response to Amendment
The examiner acknowledges the amendments to claims 1, 3, 7-8 and 10-17.
The drawing objections indicated in the Office action filed February 10, 2025 have been overcome by cancelling the feature from claims 3 and 11. The drawings objections are withdrawn.
The 35 U.S.C. 103 rejections indicated in the Office action filed February 10, 2025 are overcome due to a change in scope of claims 1 and 10 and are withdrawn. New grounds for rejection are presented below.
Response to Arguments
Applicant’s arguments with respect to the top cutout 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. The new grounds of rejection do not rely on US 8,156,941 (Simms) to teach a top cutout due to the amendments to the claims.
Claim Objections
Claims 1, 10 and 15 are objected to because of the following informalities. Appropriate correction is required.
Regarding claims 1 and 10, the recitation of “a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side” is objected to because the examiner believes the term “firm” was instead supposed to be “form”.
Regarding claim 15, the claim appears to be cancelled but instead recites “(cutout)”. The claim will be interpreted as being cancelled but should be corrected to recite only “(cancelled)”.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "said slot" in line 7. There is insufficient antecedent basis for this limitation in the claim. A slot was removed from claim 1 so there is no longer antecedent basis for this limitation. The rejection may be overcome with language such as “a slot”.
Claim 5 is rejected for depending from and including the limitations of claim 4 without curing the deficiencies thereof. This rejection may be overcome by correcting claim 4.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 5 is rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). The limitation “wherein said attachment of said abductor pillow to said panel assembly connects said abductor pillow to said first leg and said waist of said user” claims the first leg and said waist of said user as a structure of the invention. The rejection may be overcome with language such as “wherein said attachment of said abductor pillow to said panel assembly is configured to connect .
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 1-3, 6 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0113724 (Kilbey) in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis).
Regarding claim 1, Kilbey discloses a panel assembly having: a waist panel; a thigh panel; a central web between said waist panel and said thigh panel, said waist panel, thigh panel, and central web in combination forming a panel assembly (Kilbey discloses a panel assembly as shown in Fig. 4. The panel assembly comprises a waist panel 38, a thigh panel 40, and a central web 52 between said waist panel and said thigh panel. See [0097].);
a waist strap configured to encircle said waist of said user and secure said waist panel to said user (The panel assembly includes a waist strap 42 configured to encircle said waist of said user and secure said waist panel to said user. See Fig. 7 and [0098].).
Kilbey does not disclose an abductor pillow assembly configured to attach to a user having a waist and a first and second leg, comprising: an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base; an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly; a concave first cutout on said first side and parallel to said first side; a concave second cutout on said second side and parallel to said second side; and a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side.
However, Wagner discloses an abduction pillow 10 which is configured to attach to a user having a waist and a first and second leg. See Fig. 3. The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base as seen in Fig. 1. Additionally, The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32 that encircles a leg of a user.
Additionally, Davis discloses a pillow apparatus 200 that has a concave portion at the first surface 211 and the second surface 212 and a concave portion 214a at first end 214. See Figs. 2A-2D. The concave portion of the first surface 211 is parallel to the first side and the concave portion of the second surface 212 is parallel to the second side as best shown in Fig. 2D. The concave portion 214a is in the end 214 which is interpreted as the top portion of the pillow 200 and runs transverse from one side to the other as best shown in Fig. 2B. See [0060] and [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the abduction pillow 10 of Wagner to the panel assembly of Kilbey as taught by Wagner. A skilled artisan would have been motivated to do so because Wagner teaches that the pillow assembly retains a patient’s legs and is substantially laterally immovable independent of the abduction pillow apparatus 10 (Col. 2, Lns. 4-13). The abduction pillow promotes healing of a hip joint after surgery by preventing abduction (Col. 1, Lns. 6-9 of Wagner) while the panel assembly promotes healing of a hip joint after surgery by limiting flexion, extension, adduction, and abduction (abstract and [0093] of Kilbey). Therefore, it would be obvious to use them together as they both limit movement of the hip joint after a surgery and the abduction pillow of Wagner benefits the panel assembly of Kilbey by preventing abduction when in use instead of merely limiting the range of motion. A skilled artisan would have a reasonable expectation of success given that Kilbey and Wagner are drawn to devices for limiting the motion of the hip after a hip procedure.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the abduction pillow 10 of Wagner to include a concave first side, a concave second side, and a concave top portion as taught by Davis. A skilled artisan would have been motivated to do so because Davis teaches that the concave portions provide optimal support and stabilize the legs of the user and comfortably accommodate the lower pelvis of the user ([0062]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg pillow assemblies.
As a result of the combinations, Kilbey in view of Wagner and Davis discloses an abductor pillow assembly configured to attach to a user having a waist and a first and second leg (The panel assembly of Kilbey now includes an abductor pillow assembly which is attached to a user having a waist and a first and second leg as taught by Wagner.), comprising:
an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base (The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base. See the annotated figure of Wagner below.);
an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly (The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32, threaded through a slot. See the annotated figure of Wagner below.);
a concave first cutout on said first side and parallel to said first side (The abduction pillow 10 of Wagner now has a concave first cutout on the first side running parallel to the first side in view of Davis. See the annotated figure of Davis below.);
a concave second cutout on said second side and parallel to said second side (The abduction pillow 10 of Wagner now has a concave second cutout on the second side running parallel to the second side in view of Davis. See the annotated figure of Davis below.); and
a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side (The abduction pillow 10 of Wagner now has a concave top cutout in the form of a transverse trough in the top portion running from the first side to the second side. See the annotated figure of Davis below.).
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Annotated Fig. 1 of Wagner
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Annotated Fig. 2B of Davis
Regarding claim 2, Kilbey in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said panel assembly has a thigh strap configured to removably attach to said thigh panel at a first end and wrap around said first leg of said user and secure said thigh panel to said user on a second end (Upper thigh strap 44 is configured to removably attach to said thigh panel at a first end and wrap around said first leg of said user and secure said thigh panel to said user on a second end. See Fig. 7 and [0109].).
Regarding claim 3, Kilbey in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow has a second abductor strap configured to encircle said second leg of said user (The abductor pillow 10 of Wagner has a second abductor strap, ribbon-like members 30, 32, threaded through a second slot, passageway 18, and configured to encircle said second leg of said user. See Fig. 3 of Wagner.).
Regarding claim 6, Kilbey in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 2, wherein said abductor strap is configured to encircle said leg of said user and secure said abductor pillow to said thigh strap (The ribbon-like members 30, 32 of Wagner are configured to encircle said leg of said user and have fastening means 26 which are configured to secure said abductor pillow to said thigh strap. See Fig. 3 of Wagner.).
Regarding claim 9, Kilbey in view of Wagner discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow assembly is configured to be fully removable from said panel assembly without removing said panel assembly from said user (The abductor strap of Wagner is configured to encircle said leg of said user and secure said abductor pillow to said panel assembly by using fastening means 26. See Fig. 3 of Wagner. The fastening means 26 is a hook and loop fastener which are known to be fully removable. See Col. 2, Lns. 30-49. This allows for the abductor pillow 10 of Wagner to be removed from the panel assembly of Kilbey without removing the panel assembly from the user.).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0113724 (Kilbey) in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis), and further in view of US 2014/0298575 (Cohan).
Regarding claim 4, Kilbey in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor strap has: a first end having a hook panel (The abductor strap of Wagner has a first end having a hook panel, which is fastening means 26. See Col. 2, Lns. 30-49 and Fig. 1.),
a length between said first end and said second end (Fig. 2 of Wagner shows a length between the first and second ends of the ribbon-like members 30, 32 of Wagner.).
Kilbey in view of Wagner and Davis does not disclose a second end having a hook panel, wherein said hook panel on said first end removably attaches to said thigh panel, said length passes through said slot of said main body and said hook panel on said second end removably attaches to said thigh panel.
However, Cohan discloses a back support pillow with a hook-and-loop belt passing through an opening in the pillow and attaching to loop fasteners along leggings. The hook-and-loop belt has two ends both having a hook panel. See [0025]
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the second ends of the ribbon-like members 30, 32 of Wagner to include a hook panel to then attach directly to the panel assembly of Kilbey as taught by Cohan. A skilled artisan would have been motivated to do so because Cohan teaches that the belt allows for the user to directly attach the pillow to the garment of the wearer ([0025]) which would benefit Wagner by better securing the pillow to the user. A skilled artisan would have a reasonable expectation of success given that Kilbey, Wagner, Davis and Cohan are drawn to devices for supporting the hip.
As a result of the combination, Kilbey in view of Wagner, Davis and Cohan discloses a second end having a hook panel (A second end of the ribbon-like members 30, 32 of Wagner include a hook panel.),
wherein said hook panel on said first end removably attaches to said thigh panel, said length passes through said slot of said main body and said hook panel on said second end removably attaches to said thigh panel (The thigh panel of Kilbey is covered in loop material according to [0115]. So, the first and second ends of Wagner, both comprising hook panels, removably attach to the thigh panel of Kilbey with the length between the ends passing through the passageway 18.).
Regarding claim 5, Kilbey in view of Wagner, Davis and Cohan discloses an abductor pillow assembly as recited in claim 4, wherein said attachment of said abductor pillow to said panel assembly connects said abductor pillow to said first leg and said waist of said user (Attachment of said abductor pillow 10 of Wagner to said panel assembly of Kilbey connects said abductor pillow 10 to said first leg and said waist of said user. See Fig. 3 of Wagner.).
Claims 10-11 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 4,392,489 (Wagner, Sr.) in view of US 2019/0231099 (Davis).
Regarding claim 10, Wagner discloses an abductor pillow assembly configured to attach to a user having a waist and a first and second leg (Wagner disclose an abductor pillow assembly 10 which is attached to a user having a waist and a first and second leg as shown in Fig. 3.), comprising:
a main body having a front, a back, a first side, a second side and a base (The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base. See the annotated figure of Wagner below.);
at least one abductor strap configured to encircle said first leg of said user and secure said abductor pillow to said first leg (The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32, threaded through a slot that is configured to encircle said first leg of said user and secure said abductor pillow to said first leg. See the annotated figure of Wagner below.).
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Annotated Fig. 1 of Wagner
Wagner does not disclose a concave first cutout on said first side and parallel to said first side; and a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side.
However, Davis discloses a pillow apparatus 200 that has a concave portion at the first surface 211 and the second surface 212 and a concave portion 214a at first end 214. See Figs. 2A-2D. The concave portion of the first surface 211 is parallel to the first side and the concave portion of the second surface 212 is parallel to the second side as best shown in Fig. 2D. The concave portion 214a is in the end 214 which is interpreted as the top portion of the pillow 200 and runs transverse from one side to the other as best shown in Fig. 2B. See [0060] and [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the abduction pillow 10 of Wagner to include a concave first side, a concave second side, and a concave top portion as taught by Davis. A skilled artisan would have been motivated to do so because Davis teaches that the concave portions provide optimal support and stabilize the legs of the user and comfortably accommodate the lower pelvis of the user ([0062]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg pillow assemblies.
As a result of the combination, Wagner in view of Davis discloses a concave first cutout on said first side and parallel to said first side (The abduction pillow 10 of Wagner now has a concave first cutout on the first side running parallel to the first side in view of Davis. See the annotated figure of Davis below.); and
a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side (The abduction pillow 10 of Wagner now has a concave top cutout in the form of a transverse trough in the top portion running from the first side to the second side. See the annotated figure of Davis below.).
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Annotated Fig. 2B of Davis
Regarding claim 11, Wagner in view of Davis discloses an abductor pillow assembly as recited in claim 10, wherein said abductor pillow has a second abductor strap configured to encircle to encircle said second leg of said user (The abductor pillow 10 of Wagner has a second abductor strap, ribbon-like members 30, 32, threaded through a second slot, passageway 18, and configured to encircle said second leg of said user. See Fig. 3.).
Regarding claim 16, Wagner in view of Davis discloses an abductor pillow assembly as recited in claim 10, wherein said second side has a second side cutout configured to accept said second leg (The abduction pillow 10 of Wagner has a concave second cutout on the second side running parallel to the second side in view of the combination in claim 10 with Davis. See Fig. 2B of Davis).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US 4,392,489 (Wagner, Sr.) in view of US 2019/0231099 (Davis), and further in view of US 2014/0298575 (Cohan).
Regarding claim 12, Wagner in view of Davis discloses an abductor pillow assembly as recited in claim 10, wherein said at least one abductor strap has: a first end having a hook panel (The abductor strap of Wagner has a first end having a hook panel, which is fastening means 26. See Col. 2, Lns. 30-49 and Fig. 1.),
a length between said first end and said second end (Fig. 2 of Wagner shows a length between the first and second ends of the ribbon-like members 30, 32 of Wagner.).
Wagner in view of Davis does not disclose a second end having a hook panel.
However, Cohan discloses a back support pillow with a hook-and-loop belt passing through an opening in the pillow and attaching to loop fasteners along leggings. The hook-and-loop belt has two ends both having a hook panel. See [0025]
It would have been obvious to an artisan of ordinary skill before the effective filing date to modify the second ends of the ribbon-like members 30, 32 of Wagner to include a hook panel as taught by Cohan. A skilled artisan would have been motivated to do so because Cohan teaches that the belt allows for the user to directly attach the pillow to the garment of the wearer ([0025]) which would benefit Wagner by better securing the pillow to the user. A skilled artisan would have a reasonable expectation of success given that Wagner and Cohan are drawn to devices for supporting the hip.
As a result of the combination, Wagner in view of Davis and Cohan discloses a second end having a hook panel (A second end of the ribbon-like members 30, 32 of Wagner include a hook panel.).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 6 and 9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of copending Application No. 16/160,092 in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis). This is a provisional nonstatutory double patenting rejection.
Regarding claim 1, copending Application No. 16/160,092 discloses a panel assembly (Claim 11: “a panel assembly”) having:
a waist panel ; a thigh panel; a central web between said waist panel and said thigh panel (Claim 11: “a waist panel, a thigh panel, and a central web connecting said waist panel and said thigh panel”),
said waist panel, thigh panel, and central web in combination forming a panel assembly (Claim 11: “said panel assembly including a waist panel, a thigh panel, and a central web connecting said waist panel and said thigh panel”);
a waist strap configured to encircle said waist of said user and secure said waist panel to said user (Claim 11: “a waist strap configured to encircle said waist of said user and secure said panel assembly to said user”);
Copending Application No. 16/160,092 does not disclose an abductor pillow assembly configured to attach to a user having a waist and a first and second leg, comprising: an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base; an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly; a concave first cutout on said first side and parallel to said first side; a concave second cutout on said second side and parallel to said second side; and a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side.
However, Wagner discloses an abduction pillow 10 which is configured to attach to a user having a waist and a first and second leg. See Fig. 3. The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base as seen in Fig. 1. Additionally, The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32 that encircles a leg of a user.
Additionally, Davis discloses a pillow apparatus 200 that has a concave portion at the first surface 211 and the second surface 212 and a concave portion 214a at first end 214. See Figs. 2A-2D. The concave portion of the first surface 211 is parallel to the first side and the concave portion of the second surface 212 is parallel to the second side as best shown in Fig. 2D. The concave portion 214a is in the end 214 which is interpreted as the top portion of the pillow 200 and runs transverse from one side to the other as best shown in Fig. 2B. See [0060] and [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the abduction pillow 10 of Wagner to the panel assembly of copending Application No. 16/160,092 as taught by Wagner. A skilled artisan would have been motivated to do so because Wagner teaches that the pillow assembly retains a patient’s legs and is substantially laterally immovable independent of the abduction pillow apparatus 10 (Col. 2, Lns. 4-13). The abduction pillow promotes healing of a hip joint after surgery by preventing abduction (Col. 1, Lns. 6-9 of Wagner) while the panel assembly promotes healing of a hip joint after surgery by limiting flexion, extension, adduction, and abduction. Therefore, it would be obvious to use them together as they both limit movement of the hip joint after a surgery and the abduction pillow of Wagner benefits the panel assembly of copending Application No. 16/160,092 by preventing abduction when in use instead of merely limiting the range of motion. A skilled artisan would have a reasonable expectation of success given that copending Application No. 16/160,092 and Wagner are drawn to devices for limiting the motion of the hip after a hip procedure.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the abduction pillow 10 of Wagner to include a concave first side, a concave second side, and a concave top portion as taught by Davis. A skilled artisan would have been motivated to do so because Davis teaches that the concave portions provide optimal support and stabilize the legs of the user and comfortably accommodate the lower pelvis of the user ([0062]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg pillow assemblies.
As a result of the combinations, copending Application No. 16/160,092 in view of Wagner and Davis discloses an abductor pillow assembly configured to attach to a user having a waist and a first and second leg (The panel assembly of copending Application No. 16/160,092 now includes an abductor pillow assembly which is attached to a user having a waist and a first and second leg as taught by Wagner.), comprising:
an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base (The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base. See the annotated figure of Wagner below.);
an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly (The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32, threaded through a slot. See the annotated figure of Wagner below.);
a concave first cutout on said first side and parallel to said first side (The abduction pillow 10 of Wagner now has a concave first cutout on the first side running parallel to the first side in view of Davis. See the annotated figure of Davis below.);
a concave second cutout on said second side and parallel to said second side (The abduction pillow 10 of Wagner now has a concave second cutout on the second side running parallel to the second side in view of Davis. See the annotated figure of Davis below.); and
a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side (The abduction pillow 10 of Wagner now has a concave top cutout in the form of a transverse trough in the top portion running from the first side to the second side. See the annotated figure of Davis below.).
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Annotated Fig. 1 of Wagner
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Annotated Fig. 2B of Davis
Regarding claim 2, copending Application No. 16/160,092 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said panel assembly has a thigh strap configured to removably attach to said thigh panel at a first end and wrap around said first leg of said user and secure said thigh panel to said user on a second end (Claim 11: “an upper thigh strap configured to encircle said thigh of said user and secure said panel assembly to said user”).
Regarding claim 3, copending Application No. 16/160,092 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow has a second abductor strap configured to encircle said second leg of said user (The abductor pillow 10 of Wagner has a second abductor strap, ribbon-like members 30, 32, threaded through a second slot, passageway 18, and configured to encircle said second leg of said user. See Fig. 3 of Wagner.).
Regarding claim 6, copending Application No. 16/160,092 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 2, wherein said abductor strap is configured to encircle said leg of said user and secure said abductor pillow to said thigh strap (The ribbon-like members 30, 32 of Wagner are configured to encircle said leg of said user and have fastening means 26 which are configured to secure said abductor pillow to said thigh strap. See Fig. 3 of Wagner.).
Regarding claim 9, copending Application No. 16/160,092 in view of Wagner discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow assembly is configured to be fully removable from said panel assembly without removing said panel assembly from said user (The abductor strap of Wagner is configured to encircle said leg of said user and secure said abductor pillow to said panel assembly by using fastening means 26. See Fig. 3 of Wagner. The fastening means 26 is a hook and loop fastener which are known to be fully removable. See Col. 2, Lns. 30-49. This allows for the abductor pillow 10 of Wagner to be removed from the panel assembly of copending Application No. 16/160,092 without removing the panel assembly from the user.).
Claims 4 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 11 of copending Application No. 16/160,092 in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis), and further in view of US 2014/0298575 (Cohan). This is a provisional nonstatutory double patenting rejection.
Regarding claim 4, copending Application No. 16/160,092 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor strap has: a first end having a hook panel (The abductor strap of Wagner has a first end having a hook panel, which is fastening means 26. See Col. 2, Lns. 30-49 and Fig. 1.),
a length between said first end and said second end (Fig. 2 of Wagner shows a length between the first and second ends of the ribbon-like members 30, 32 of Wagner.).
Copending Application No. 16/160,092 in view of Wagner and Davis does not disclose a second end having a hook panel, wherein said hook panel on said first end removably attaches to said thigh panel, said length passes through said slot of said main body and said hook panel on said second end removably attaches to said thigh panel.
However, Cohan discloses a back support pillow with a hook-and-loop belt passing through an opening in the pillow and attaching to loop fasteners along leggings. The hook-and-loop belt has two ends both having a hook panel. See [0025]
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the second ends of the ribbon-like members 30, 32 of Wagner to include a hook panel to then attach directly to the panel assembly of copending Application No. 16/160,092 as taught by Cohan. A skilled artisan would have been motivated to do so because Cohan teaches that the belt allows for the user to directly attach the pillow to the garment of the wearer ([0025]) which would benefit Wagner by better securing the pillow to the user. A skilled artisan would have a reasonable expectation of success given that copending Application No. 16/160,092, Wagner, Davis and Cohan are drawn to devices for supporting the hip.
As a result of the combination, copending Application No. 16/160,092 in view of Wagner, Davis and Cohan discloses a second end having a hook panel (A second end of the ribbon-like members 30, 32 of Wagner include a hook panel.),
wherein said hook panel on said first end removably attaches to said thigh panel, said length passes through said slot of said main body and said hook panel on said second end removably attaches to said thigh panel (The thigh panel of copending Application No. 16/160,092 is covered in loop material according to [0115]. So, the first and second ends of Wagner, both comprising hook panels, removably attach to the thigh panel of copending Application No. 16/160,092 with the length between the ends passing through the passageway 18.).
Regarding claim 5, copending Application No. 16/160,092 in view of Wagner, Davis and Cohan discloses an abductor pillow assembly as recited in claim 4, wherein said attachment of said abductor pillow to said panel assembly connects said abductor pillow to said first leg and said waist of said user (Attachment of said abductor pillow 10 of Wagner to said panel assembly of copending Application No. 16/160,092 connects said abductor pillow 10 to said first leg and said waist of said user. See Fig. 3 of Wagner.).
Claims 1-3, 6 and 9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 and 7 of copending Application No. 18/214,778 in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis). This is a provisional nonstatutory double patenting rejection.
Regarding claim 1, copending Application No. 18/214,778 discloses a panel assembly (Claim 7: “said panel assembly”) having:
a waist panel ; a thigh panel; a central web between said waist panel and said thigh panel (Claim 6: “a waist panel”; “a thigh panel”; Claim 7: “wherein said panel assembly has an inward facing side with a loop covering”),
said waist panel, thigh panel, and central web in combination forming a panel assembly (Claim 7: “wherein said panel assembly has an inward facing side with a loop covering”);
a waist strap configured to encircle said waist of said user and secure said waist panel to said user (Claim 6: “a waist strap configured to encircle said waist of said user and secure said waist panel to said user”);
Copending Application No. 18/214,778 does not disclose an abductor pillow assembly configured to attach to a user having a waist and a first and second leg, comprising: an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base; an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly; a concave first cutout on said first side and parallel to said first side; a concave second cutout on said second side and parallel to said second side; and a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side.
However, Wagner discloses an abduction pillow 10 which is configured to attach to a user having a waist and a first and second leg. See Fig. 3. The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base as seen in Fig. 1. Additionally, The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32 that encircles a leg of a user.
Additionally, Davis discloses a pillow apparatus 200 that has a concave portion at the first surface 211 and the second surface 212 and a concave portion 214a at first end 214. See Figs. 2A-2D. The concave portion of the first surface 211 is parallel to the first side and the concave portion of the second surface 212 is parallel to the second side as best shown in Fig. 2D. The concave portion 214a is in the end 214 which is interpreted as the top portion of the pillow 200 and runs transverse from one side to the other as best shown in Fig. 2B. See [0060] and [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the abduction pillow 10 of Wagner to the panel assembly of copending Application No. 18/214,778 as taught by Wagner. A skilled artisan would have been motivated to do so because Wagner teaches that the pillow assembly retains a patient’s legs and is substantially laterally immovable independent of the abduction pillow apparatus 10 (Col. 2, Lns. 4-13). The abduction pillow promotes healing of a hip joint after surgery by preventing abduction (Col. 1, Lns. 6-9 of Wagner) while the panel assembly promotes healing of a hip joint after surgery by limiting flexion, extension, adduction, and abduction. Therefore, it would be obvious to use them together as they both limit movement of the hip joint after a surgery and the abduction pillow of Wagner benefits the panel assembly of copending Application No. 18/214,778 by preventing abduction when in use instead of merely limiting the range of motion. A skilled artisan would have a reasonable expectation of success given that copending Application No. 18/214,778 and Wagner are drawn to devices for limiting the motion of the hip after a hip procedure.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the abduction pillow 10 of Wagner to include a concave first side, a concave second side, and a concave top portion as taught by Davis. A skilled artisan would have been motivated to do so because Davis teaches that the concave portions provide optimal support and stabilize the legs of the user and comfortably accommodate the lower pelvis of the user ([0062]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg pillow assemblies.
As a result of the combinations, copending Application No. 18/214,778 in view of Wagner and Davis discloses an abductor pillow assembly configured to attach to a user having a waist and a first and second leg (The panel assembly of copending Application No. 18/214,778 now includes an abductor pillow assembly which is attached to a user having a waist and a first and second leg as taught by Wagner.), comprising:
an abductor pillow having: a main body having a top portion, a front, a back, a first side, a second side and a base (The abduction pillow 10 of Wagner has a main body with a top portion, a front, a back, a first side, a second side and a base. See the annotated figure of Wagner below.);
an abductor strap configured to encircle said leg of said user and secure said abductor pillow to said panel assembly (The abduction pillow 10 of Wagner has an abductor strap, ribbon-like members 30, 32, threaded through a slot. See the annotated figure of Wagner below.);
a concave first cutout on said first side and parallel to said first side (The abduction pillow 10 of Wagner now has a concave first cutout on the first side running parallel to the first side in view of Davis. See the annotated figure of Davis below.);
a concave second cutout on said second side and parallel to said second side (The abduction pillow 10 of Wagner now has a concave second cutout on the second side running parallel to the second side in view of Davis. See the annotated figure of Davis below.); and
a top cutout in the firm of a transverse trough in said top portion running from said first side to said second side (The abduction pillow 10 of Wagner now has a concave top cutout in the form of a transverse trough in the top portion running from the first side to the second side. See the annotated figure of Davis below.).
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Annotated Fig. 1 of Wagner
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Annotated Fig. 2B of Davis
Regarding claim 2, copending Application No. 18/214,778 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said panel assembly has a thigh strap configured to removably attach to said thigh panel at a first end and wrap around said first leg of said user and secure said thigh panel to said user on a second end (Claim 6: “a thigh strap configured to encircle said thigh of said user and secure said thigh panel to said user”).
Regarding claim 3, copending Application No. 18/214,778 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow has a second abductor strap configured to encircle said second leg of said user (The abductor pillow 10 of Wagner has a second abductor strap, ribbon-like members 30, 32, threaded through a second slot, passageway 18, and configured to encircle said second leg of said user. See Fig. 3 of Wagner.).
Regarding claim 6, copending Application No. 18/214,778 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 2, wherein said abductor strap is configured to encircle said leg of said user and secure said abductor pillow to said thigh strap (The ribbon-like members 30, 32 of Wagner are configured to encircle said leg of said user and have fastening means 26 which are configured to secure said abductor pillow to said thigh strap. See Fig. 3 of Wagner.).
Regarding claim 9, copending Application No. 18/214,778 in view of Wagner discloses an abductor pillow assembly as recited in claim 1, wherein said abductor pillow assembly is configured to be fully removable from said panel assembly without removing said panel assembly from said user (The abductor strap of Wagner is configured to encircle said leg of said user and secure said abductor pillow to said panel assembly by using fastening means 26. See Fig. 3 of Wagner. The fastening means 26 is a hook and loop fastener which are known to be fully removable. See Col. 2, Lns. 30-49. This allows for the abductor pillow 10 of Wagner to be removed from the panel assembly of copending Application No. 18/214,778 without removing the panel assembly from the user.).
Claims 4 and 5 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6 and 7 of copending Application No. 18/214,778 in view of US 4,392,489 (Wagner, Sr.) and US 2019/0231099 (Davis), and further in view of US 2014/0298575 (Cohan). This is a provisional nonstatutory double patenting rejection.
Regarding claim 4, copending Application No. 18/214,778 in view of Wagner and Davis discloses an abductor pillow assembly as recited in claim 1, wherein said abductor strap has: a first end having a hook panel (The abductor strap of Wagner has a first end having a hook panel, which is fastening means 26. See Col. 2, Lns. 30-49 and Fig. 1.),
a length between said first end and said second end (Fig. 2 of Wagner shows a length between the first and second ends of the ribbon-like members 30, 32 of Wagner.).
Copending Application No. 18/214,778 in view of Wagner and Davis does not disclose a second end having a hook panel, wherein said hook panel on said first end removably attaches to said thigh panel, said length passes through said slot of said main body and said hook panel on said second end removably attaches to said thigh panel.
However, Cohan discloses a back support pillow with a hook-and-loop belt passing through an opening in the pillow and attaching to loop fasteners along leggings. The hook-and-loop belt has two ends both having a hook panel. See [0025]
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the second ends of the ribbon-like members 30, 32 of Wagner to include a hook panel to then attach directly to the panel assembly of copending Application No. 18/214,778 as taught by Cohan. A skilled artisan would have been motivated to do so because Cohan teaches that the belt allows for the user to directly attach the pillow to the garment of the wearer ([0025]) which would benefit Wagner by better securing the pillow to the user. A skilled artisan would have a reasonable expectation of success given that copending Application No. 18/214,778, Wagner, Davis and Cohan are drawn to devices for supporting the hip.
As a result of the combination, copending