DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Preliminary Amendment
The present office action is in response to the Remarks filed 06/05/2023. As directed by the amendment, claims 1-3, and 11 have been amended. Thus, claims 1-14 are presenting pending in this application.
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 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:
A pressure detection assembly in claim 4
The corresponding structure for the “pressure detection assembly” is interpreted to one or more pressure sensors as described in ¶0112-0114.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 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 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.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (machine translation of KR 102159449 B1).
Regarding claim 1, Kim et al. discloses, a cervical traction device (the device of Fig 6), comprising:
a base unit (a shoulder wearing part 100, Fig 6), a traction unit (a front wearing body 210, Fig 6), a support unit (a rear wearing body 220, Fig 6), and a driver member (a support part 300, Fig 6);
wherein the traction unit is rotatably installed at the base unit (abstract; PG 6, ln 6- PG 7 ln 16, implies the traction unit is rotatably installed at the base unit via the driver member), and the traction unit is configured to support a lower jaw of a user (PG 4, ln 9-20, “is worn to be in close contact with the chin…chin surrounds the mouth as a part of the face, and is composed of an upper and a lower jaw…as to be in close contact with the lower jaw”);
the support unit is in connection with the base unit and is arranged opposite to the traction unit (220 is arranged opposite to the 210 as shown in Fig 6);
the support unit is configured to support a nape of the user (see annotation below, Fig 6 in view of Fig 9; PG 4, ln 20-34, “in close contact with each of the shoulder, chin, and back of the patient”); and
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the driver member is configured to drive the traction unit to rotate, to make the traction unit turn to or away from the support unit (200 is capable of moving and rotating via 300 as shown in Fig 9; PG 6, ln 6- PG 7 ln 16, “has a 6-axis parallel mechanism for movement and 3-axis rotation with each direction of the x-axis, y-axis, and z-axis as the rotation center”).
Regarding claim 2, Kim et al. discloses the device of claim 1 as discussed above.
Kim et al. further discloses, the driver member is one of two driver members (one of 300s as shown in Fig 6), and wherein the two driver members are disposed at two ends of the base unit, respectively (300s which are disposed at two ends of the base unit as shown in Fig 6); and the two driver members are respectively connected with two ends of the traction unit in a one-to-one correspondence (300s which are disposed at two ends of traction unit as shown in Fig 6), and the two driver members are configured to synchronously drive the traction unit to rotate (PG 6, ln 6- PG 7 ln 16, implies controlling of the each rod 300 which are controlled synchronously in combination to control rotation and movement in the six-axis direction).
Regarding claim 8, Kim et al. discloses the device of claim 1 as discussed above.
Kim et al. further discloses, wherein a first flexible pad is arranged at a side of the traction unit close to the user, a second flexible pad is arranged at a side of the support unit close to the user, and a third flexible pad is arranged at a side of the base unit close to the user. (PG 10, ln 1-3, “a cushion is couple to an inner surface that is in close contact with each of the shoulder, chin, and back of the patient”; PG 7, ln 23-28, implies that the cushions are provided on said coverages 100, 210, and 220 for improving comfort).
Claims 1-3, 6-8, and 12-14 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wang et al. (US 20210052412 A1).
Regarding claim 1, Wang et al. discloses, a cervical traction device (an auxiliary support apparatus 1000, Fig 7 which is alternative embodiment with the preferred embodiment shown in FIG. 1 to FIG. 3C), comprising:
a base unit (a wear body 21, Fig 7), a traction unit (a bearing member 10 with a first bearing arm 11 and a second bearing arm 12, Fig 7), a support unit (an auxiliary wear support 22, Fig 7), and a driver member (a fixing unit 40, Fig 7);
wherein the traction unit is rotatably installed at the base unit (¶0203, “the bearing member 10 is rotatably connected to the wear body 21), and the traction unit is configured to support a lower jaw of a user (¶0085, “…shaped for fittingly attaching to the jawbone of the head respectively, so as to support the head of the user”);
the support unit is in connection with the base unit and is arranged opposite to the traction unit (22 is in connection with 21 via 222 and arranged opposite to the 10 as shown in Fig 7);
the support unit is configured to support a nape of the user (Fig 5; ¶0142, “the auxiliary wear support 22 can be positioned at a lower position of the neck”); and
the driver member is configured to drive the traction unit to rotate (¶0112-123, implies that the fixing unit controls the movement of the bearing member; Figs 3A-3B), to make the traction unit turn to or away from the support unit (¶0134-135, “…switch between the supporting state and the unsupporting state”; ¶0203, “…to accommodate different heights of the necks of different users”).
Regarding claim 2, Wang et al. discloses the device of claim 1 as discussed above.
Wang et al. further discloses, the driver member is one of two driver members (one of fixing units 40, Fig 7; ¶0123, “the number of the fixing units 40 can be two”), and wherein the two driver members are disposed at two ends of the base unit, respectively (the fixing units are disposed at the ends of the base unit as shown in Fig 7); and the two driver members are respectively connected with two ends of the traction unit in a one-to-one correspondence (the fixing units are disposed at the ends of the traction unit as shown in Fig 7), and the two driver members are configured to synchronously drive the traction unit to rotate (¶0112-124, implies that the fixing units is capable of driving the bearing member synchronously as they rotating in the same direction until locked; ¶0134-0135, 0203).
Regarding claim 3, Wang et al. discloses the device of claim 1 as discussed above.
Wang et al. further discloses , wherein the traction unit is provided with a first connecting ring (a shaft main body 412 of 10, Fig 3B) configured to connect with the base unit, and an outer wall of the first connecting ring is provided with a first limiting protrusion (Examiner interprets the “protrusion” can be any shape other than flat surface as BRI; protrusions of 412 in form of hexagon shape as shown in Fig 3B); the base unit is provided with a corresponding second connecting ring (a gear rotating shaft 41 in the housing 43 of 20, Fig 3B), and an inner wall of the second connecting ring is provided with a second limiting protrusion (Examiner interprets the “protrusion” can be any shape other than flat surface as BRI; protrusions of 411 of 41 in form of hexagon shape as shown in Fig 3B); and the first connecting ring is inserted into the second connecting ring, and the second limiting protrusion is configured to limit a rotation stroke of the first limiting protrusion and in turn to limit a rotation stroke of the traction unit (¶0111-0123, implies that the gear system of the fixing unit 40 limits the rotation stroke via the lever).
Regarding claim 6, Wang et al. discloses the device of claim 1 as discussed above.
Wang et al. further discloses, wherein the support unit is provided thereon with a magnetic therapy sheet (a function unit 50, Fig 1; ¶0146, “…a magnetic therapy module capable of generating a magnetic field for applying magnetic therapy to the neck”); and the magnetic therapy sheet is arranged at a side (50 is attached on the inner side of the 22, Fig 1; ¶0147, “…certain curvature to fit and match the curve of the neck) of the support unit that is close to a nape of the user.
Regarding claim 7, Wang et al. discloses the device of claim 1 as discussed above.
Wang et al. further discloses, wherein the support unit is further provided thereon with a heating sheet (a function unit 50, Fig 1; ¶0146, “…a heating module capable of producing heat to provide a hot compress effect”); and the heating sheet is arranged at a side (50 is attached on the inner side of the 22, Fig 1; ¶0147, “…certain curvature to fit and match the curve of the neck) of the support unit that is close to a nape of the user.
Regarding claim 8, Wang et al. discloses the device of claim 1 as discussed above.
Wang et al. further discloses, wherein a first flexible pad is arranged at a side of the traction unit close to the user, a second flexible pad is arranged at a side of the support unit close to the user, and a third flexible pad is arranged at a side of the base unit close to the user (¶0193, “one or more flexible pads… wherein the one or more flexible pads 60 are attached to the bearing member 10, the auxiliary wear support 22 and the wear body 21 of the wear member 20 respectively.)
Regarding claim 12, Wang et al. discloses the device of claim 8 as discussed above.
Wang et al. further discloses, wherein the support unit further comprises a support component (a structure of 20 which holds the locking connectors 221, 222 within as shown in Fig 2 with dotted line; ¶0127; Examiner interprets the support component as part of the support unit as described in ¶0085-0087 of instant application) in connection with the base unit, and the second flexible pad is disposed at a side of the support component close to the traction unit (60 near the 22 as shown in Fig 7; ¶0195, “The flexible pad 60 attached to the auxiliary wear support 22 can be pressed to change the length along with the changing of the angles between the first locking connector 221 and the second locking connector 222”).
Regarding claim 13, Wang et al. discloses the device of claim 12 as discussed above.
Wang et al. further discloses, wherein the support component comprises a first support plate (the structure of 20 which holds the locking connectors 221, 222 within as shown in Fig 2 with dotted line; and a second support plate (221, 222 with cavities 2211, 2221 respectively, Fig 2), the first support plate and the second support plate are attached to each other (¶0127-0130, implies that they are attached with the locking button 223), the first support plate is provided therein with a sliding chute (Examiner interprets the sliding chute as any opening, a cavity similar to open ended pipe creating guided path as BRI as no further structure is defined in the instant application; the cavity of the structure 20 guiding the movement of the locking connectors as shown in Fig 2; ¶0127-0130) and an installation groove (¶0127-0130, a locking button 223 which locks with the connectors 221, 222 in the cavity), and the installation groove is in communication with the sliding chute (¶0127-0130, “the first locking connector 221 and the second locking connector 222 can be connected to…the wear body 21 or a joint between the bearing member 10 and the wear body 21…The locking button 223 can be rotatably connected to the first locking connector 221 and the second locking connector 222…to increase the stability of the connection between the locking button 223 and the first locking tooth, and increase the stability of the connection between the locking button 223 and the second locking tooth).
Regarding claim 14, Wang et al. discloses the device of claim 8 as discussed above.
Wang et al. further discloses, wherein the base unit further comprises a housing assembly (support arms 211, 212 of 21 which are holding 31 as shown in Fig 1; Examiner interprets the housing as part of the base unit as described in ¶0062-0063 of instant application), and the third flexible pad is in connection with the housing assembly (¶0195, “The flexible pad 60 attached to the auxiliary wear support 22 can be pressed to change the length along with the changing of the angles between the first locking connector 221 and the second locking connector 222”).
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 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (machine translation of KR 102159449 B1) as applied to claim 1 above, and further in view of He et al. (machine translation of CN 107361896; cited in IDS filed 04/14/2023).
Regarding claim 4, Kim et al. discloses the device of claim 1 as discussed above. While Kim et al. discloses, a force sensor to measure the force acting on the drive member (300, Fig 6) to control rotation and movement (PG 6, ln 6- PG 7 ln 16) of the traction unit (210, Fig 6) and the support unit (220, Fig 6), Kim et al. does not specifically discloses, wherein at least one of the traction unit and the support unit is provided with a pressure detection assembly; and the pressure detection assembly is configured to detect a magnitude of a traction force that the traction unit exerts on the user.
However, He et al. which is analogous art to the claim invention teaches a force sensor for sensing muscular strength in the cervical vertebra position and the force sensor can be a pressure sensor for the neck traction pressure which is preferably placed on the traction unit/the support unit (11, Fig 2) in order to accurately sense the strength and the angle change of the cervical vertebra and control the device as needed (PG 7, ln 43 - PG 8, ln 15).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Kim et al. to include a pressure detection assembly provided on the traction unit/the support unit and the pressure detection assembly is configured to detect a magnitude of a traction force that the traction unit/the support unit exerts on the user as taught by He et al. in order to accurately sense the strength and the angle change of the cervical vertebra and control the device as needed (PG 7, ln 43 - PG 8, ln 15).
Regarding claim 5, Kim et al. in view of He et al. discloses the device of claim 4 as discussed above.
Modified Kim et al. further discloses, wherein the pressure detection assembly comprises at least one pressure sensor (He et al.: PG 7, ln 43 - PG 8, ln 15).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20210052412 A1) as applied to claim 1 above, and further in view of Li (machine translation of CN 109806051).
Regarding claim 9, Wang et al. discloses the device of claim 1 as discussed above.
While Wang et al. discloses, wherein the support unit is in connection with the base unit through a connection unit (locking connectors 221, 222, Fig 1; ¶0126, “wherein the first locking connector 221 and the second locking connector 222 are respectively connected to two ends of the bearing member 10 or to two ends of the wear body 21”), Wang et al. is silent on the connection configuration where one end of the connection unit is in hinge connection with the base unit, and another end of the connection unit is in snap-fit connection with the base unit.
However, Li which is analogous art to the claimed invention teaches the connection unit (107, Fig 2) comprising an adjusting hole (110, Fig 2) configured to be attached to the protrusion (109, Fig 3) in snap-fit connection (PG 5, ln 32-40, “adjusting belt one end 107 provided with an adjusting hole 110, two end of the lower jaw supporting part 101 are provided with protrusions 109, adjusting hole 110 can be sleeved on the bulge 109”) and hinge connection (Examiner notes that once they are attached, the adjusting belt is capable of rotating about one axis while joining two components together) for the convenience and the fixing effect (PG 5, ln 32-40).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the connection unit of Wang et al. to includes one end of the connection unit is in hinge connection with the base unit, and another end of the connection unit is in snap-fit connection with the base unit as taught by Li for the convenience and the fixing effect (PG 5, ln 32-40).
Regarding claim 10, Wang et al. in view of Li discloses the device of claim 9 as discussed above.
Modified Wang et al. further discloses, ,wherein the connection unit comprises: a first connecting belt (Wang et al.: 221, Fig 2), a second connecting belt (Wang et al.: 222, Fig 2), and an adjustment knob (Wang et al.: 223, Fig 2); the adjustment knob is rotatably installed at the support unit (Wang et al.: ¶0126-130, “The locking button 223 can be rotatably connected to the first locking connector 221 and the second locking connector 222, wherein the locking button 223 is received in the overlapping region of the first locking cavity 2211 and the second locking cavity 2221”);
one end of the first connecting belt is in hinge connection (Li: PG 5, ln 32-40) with the base unit, and another end of the first connecting belt is inserted into the support unit, and engaged with the adjustment knob (Wang et al.: ¶0126-130); one end of the second connecting belt is in snap-fit connection (Li: PG 5, ln 32-40) with the base unit, and another end of the second connecting belt is inserted into the support unit and engaged with the adjustment knob (Wang et al.: ¶0126-130); and
the adjustment knob is configured to drive the first connecting belt and the second connecting belt to move toward or away from each other by rotation, so as to lengthen or shorten a length of the connection unit (Wang et al.: ¶0126-130, “…with an adjustable length…the lengths of the first locking connector 221 and the second locking connector 222 can be adjusted simultaneously, so as to bring the neck into an equilibrium state).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 20210052412 A1) as applied to claim 1 above, and further in view of Wang (machine translation of CN 203342004).
Regarding claim 11, Wang et al. discloses the device of claim 8 as discussed above.
While Wang et al. discloses, wherein the traction unit further comprises a support member (the bearing body 13 of 10 as shown in Fig 7; Examiner interprets the support member as the body of the traction unit as shown in Fig 7 of the instant application and described in ¶0073); the first flexible pad is arranged at a side of the support member close to the lower jaw of the user (¶0081, “the bearing member 10 is positioned at a front of the head of the user to support the jawbone thereof; 60 as shown in Fig 7); and further discloses that the flexible pad is configured to changing along with the changing of the including angle between the first bearing arm and the second arm (¶0194), Wang et al. is silent on the flexible pad matches a shape of a middle portion of the support member.
However, Wang which is analogous art to the claimed invention teaches, the flexible pad (a buffer 20, Fig 5) matching a shape of the middle portion of the support member (112, Fig 5) in purpose of improving comfort of the user (¶0034).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the flexible pad of Wang et al. to match a shape of a middle portion of the support member as taught by Wang in purpose of improving comfort of the user (¶0034).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Lai (machine translation of CN 111773032) is cited for snap-fit connection with the base unit having the main components of claim 1.
Liu (machine translation of CN 208144813 U) is cited for a buckle structure (2, Fig 1) comprising a snap-fit connection (a locking bolt 201, Fig 1) and a hinge connection (a buckle rope 203 attached to a mounting platform 301, Fig 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785