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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/02/2026 has been entered.
Response to Amendment
Applicant’s amendments of claims 1, 9-10, 20-21, 27, 31-32, 39, 42-43, 48-49, 83-84, and 124-126 are acknowledged by the Examiner.
Applicant’s amendments of claims 1, 9-10, 12, 20-21, 27, 31-32, 39, 42-43, 48-49, 83-84 and 124-126 have overcome the previous claim objections. Therefore the claim objections are withdrawn.
Claims 1, 9-10, 12, 20-21, 27, 31-32, 39, 42-43, 48-49, 83-84 and 124-126 are currently pending.
Response to Arguments
Applicant's arguments filed 03/02/2026 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that the circular or ellipse part of the Bowden cable does not surround the pneumatic cylinder. Examiner respectfully disagrees. It can clearly be seen in the provided figure below that the Bowden cable does in fact surround the pneumatic cylinder. Thus, Applicant’s argument that Erfinder does not surround the pneumatic cylinder is non-persuasive.
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In response to Applicant’s arguments that Erfinder would be motivated to modify a hinge mechanism, not reconfigure the interaction between the tensioning cord and spring member. Examiner respectfully disagrees. Applicant’s relied upon figure 3 of Erfinder appears to be erroneously labeled with 12. Paragraph [0032] discusses the Bowden cable lead, not the bilaterial joint 1, on which 12 is seen in figure 3. Thus, the Examiner asserts that one of ordinary skill in the art, looking to the disclosure and figures of Erfinder would be motivated to reconfigure the interaction between the tensioning cord and remotely located spring member of Potter as suggested by Examiner. Thus, this argument is non-persuasive.
In response to Applicant’s arguments that the claimed invention achieves the unexpected technical results of: “the key technical feature of looping the tensioning cord around the spring member is that the force the brace frame is required to sustain is significantly reduced compared to a system such as that disclosed in Potter”. This key technical feature is taught by Erfinder [0032] stating (in regards to the circular or ellipse shape of the Bowden cable lead) “The high forces to support or dampen the body weight are in the hydraulic or pneumatic cylinder ( 3 ) absorbed in opposite directions without fixed frame connection. Thus, the orthosis is tension-free and the forces are only from the cylinder unit ( 3 ) collected and carried”. Thus, the combination of Potter in view of Erfinder results in the same technical results of reducing the force the brace frame is required to sustain. Thus, this argument is non-persuasive.
In response to Applicant’s arguments that Potter requires a grounding force to allow the spring to be compressed, Applicant’s cord is able to “squeeze both opposing ends of the spring member”, and the looped tensioning cord carries all, spring/restorative forces: the argued exclusion, and functions are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Thus, this argument is non-persuasive.
Therefore, Applicant’s arguments are non-persuasive, and the previously relied upon rejections are maintained.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1, 9-10, 20, 27, 42-43, 48-49, 83-84, and 124-126 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter et al. (US 2015/0051527 A1) in view of Erfinder (DE 102010004176 A1) (Examiner relies on a machine translation of Erfinder retrieved from ESPACENET.COM).
In regards to claim 1, Potter discloses an energy storing knee brace (brace; see [0058]; see figure 1) configured to be worn on a leg (see [0002]), the energy storing knee brace (brace) comprising:
a) an upper frame (14a, 14b, and 12c; see [0058] and [0063]; see figure 1; hereinafter “upper frame”) having first and second longitudinally extending upper arms (14a and 14b) and an upper cross-member (12c) extending laterally there between (see figure 1), the upper frame (upper frame) configured to engage a user's leg above a knee joint (see figure 1 that the upper frame is larger than the lower frame and therefore intended to be placed on a user’s thigh);
b) a lower frame (16a, 16b, and 12a; see [0058] and [0065]; see figure 1; hereinafter “lower frame”) having first and second longitudinally extending lower arms (16a and 16b) and a lower cross-member (12a) extending laterally there between (see figure 1), the lower frame configured to engage the user's leg below the knee joint (see figure 1 that the lower frame is smaller than the upper frame and therefore intended to be placed on a user’s shin);
c) a first hinge (22a; see [0059]; see figure 1) pivotally connecting the first upper arm (14a) to the first lower arm (16a; see figure 1), and comprising a first extension member (32a; see [0059]; see figure 5) having a first peripheral surface (surface upon which 40a bears; see figure 5);
d) a second hinge pivotally (22b; see [0059]; see figure 1) connecting the second upper arm (14b) to the second lower arm (16b; see figure 1), and comprising a second extension member (32b; see [0059]; see figure 5; while figure 5 shows 32a, as seen in figure 1 22a and 22b are of similar construction; and thus 22b is considered to also have the structures seen in figure 5) having a second peripheral surface (surface upon which 40b bears; see figure 5);
e) an energy storage assembly (54; see [0061]; see figure 1) mounted on the upper frame (upper frame; see figure 1) and comprising a spring member (52 and 56; see [0061]; see figure 1 and 3) that is spaced apart from the first hinge (22a) and the second hinge (22b; see figure 1);
f) a first energized cord path (path of 40a; see figure 1) extending from the first hinge (22a) to the energy storage assembly (54; see figure 1), and a second energized cord path (path of 40b; see figure 1) extending from the second hinge (22b) to the energy storage assembly (54; see figure 1);
g) a flexible tensioning cord (40; see [0061]; see figure 1) having
i. a first cord segment (40a; see [0061]; see figure 3) extending from a first anchor section (42 of 40a; see [0061]; see figure 5) secured relative to the first lower arm (16a; see figure 5), across the first peripheral surface and through the first energized cord path (path of 40a) to the spring member (52 and 56; see figures 1, 3, and 5), and
ii. a second cord segment (40b; see [0061]; see figure 3) extending from a second anchor section (42 of 40b; see [0061]; see figure 5; as seen in figure 1 40a and 40b are of similar construction; and thus 40b is considered to also have the structures seen in figure 5) secured relative to the second lower arm (16b), across the second peripheral surface and through the second energized cord path (path of 40b) to the spring member (52 and 56; see figure 1);
wherein the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) are configured so that pivoting the energy storing knee brace from an extended position toward a flexed position causes (i) the first extension member (32a) to bear against and exert a tension force on the first cord segment (40a) thereby drawing the first cord segment through the first energized cord path (path of 40a) and away from the energy storage assembly (54; see [0061-0062]), and (ii) the second extension member (32b) to bear against and exert a tension force on the second cord segment (40b) thereby drawing the second cord segment (40b) through the second energized cord path (path of 40b) and away from the energy storage assembly (54; see [0061-0062]), thereby loading the spring member (52 and 56; see [0061-0062]) and whereby the spring member (52 and 56) applies a restorative spring force on the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) via the flexible tensioning cord (40) urging the energy storing knee brace (brace) to return to the extended position (see [0021] in reference to the brace urging extension; see [0062] in reference to 56 extending the pulley and taking up slack, thereby creating an urging force of the brace to return to the extended position);
the flexible tensioning cord (40) is engaged around the spring member (52 and 56; see figure 1) so that the spring member (52 and 56) is disposed within a portion of the flexible tensioning cord (40) and comprising a spring portion (50; see [0061]; see figure 1) that engages a first end of the spring member (52 and 56; see figure 1), and wherein the first and second tension forces applied to the flexible tensioning cord (40) when pivoting the energy storing knee brace (brace) from the extended position toward the flexed position cause the flexible tensioning cord (40) to constrict thereby urging the spring portion (50) to compress the spring member (52 and 56) and loading the spring member (52 and 56; see [0061]).
Potter does not disclose the flexible tensioning cord is looped around the spring member so that the spring member is disposed within a loop of the flexible tensioning cord, wherein the first and second tension forces applied to the flexible tensioning cord when pivoting the energy storing knee brace from the extended position toward the flexed position cause the loop to constrict thereby urging the spring portion to compress the spring member and loading the spring member.
However, Erfinder teaches an analogous energy storing knee brace (orthotic system; see [0013]; see figure 2) comprising an analogous upper frame (7; see [0015]; see figure 2), lower frame (6; see [0015]; see figure 2), and hinge (1; see [0015]; see figure 2) connecting the upper (7) and lower frames (6; see figure 2); further comprising an analogous energy storage assembly (3; see [0015]; see figure 2) comprising a spring member (hydraulic cylinder; see [0022]; see figure 3) and flexible tensioning cord (8; see [0015] and [0022]; see figure 2); wherein the flexible tensioning cord (2) is looped around the spring member (hydraulic cylinder; see figure 2 that 8 which extends through the Bowden cable tube (9) is looped around the hydraulic cylinder; see [0032]) so that the spring member (hydraulic cylinder) is disposed within a loop (circle or ellipse; see [0032]) of the flexible tensioning cord (8), wherein the first and second tension forces (tension applied to 8 when the brace bends; see [0029]) applied to the flexible tensioning cord (8) when pivoting the energy storing knee brace (orthotic system) from the extended position toward the flexed position cause the loop (circle or ellipse) to constrict (see [0029] and [0032]) thereby urging the spring portion (as indicated by A in annotated figure 3 below) to compress the spring member (hydraulic cylinder) and loading the spring member (hydraulic cylinder; see [0029]) for the purpose of demanding more or less resistance from the cylinder depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tensioning cord and spring member engagement as disclosed by Potter by looping the tensioning cord around the spring member so that the spring member is disposed within a loop of the tensioning cord as taught by Erfinder in order to have provided an improved energy storing knee brace that would add the benefit of demanding more or less resistance from the cylinder (spring member of Potter) depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
In regards to claim 9, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the spring member (52 and 56) comprises at least a first hydraulic compression spring (52 and 56 are a piston and cylinder of a hydraulic spring) configured so that exerting the first and second tension forces on the flexible tensioning cord (40) compresses the first hydraulic compression spring (piston and cylinder which are 52 and 56), thereby loading the spring member (52 and 56; see [0061]).
In regards to claim 10, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the first cord segment comprises (40a) a first longitudinally oriented section extending from the first hinge (22a) along the first upper arm (14a) on a first side of the spring member (52 and 56; see figure 1 that 40a comprises a longitudinal oriented section extending from 22a along 14a), a second longitudinally oriented section extending from the spring portion (52 and 56) and a laterally extending transverse section connecting the first and second longitudinally oriented sections (see figure 1 that 40a comprises a second longitudinally extending section along 54; see also figure 1 that there is a diagonal or laterally transverse section of 40a which connects the portions of 40a extending from the hinge, and from the spring member).
In regards to claim 20, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the restorative spring force (force exerted by 54 after being compressed by 40 during flexion to return the brace to the original position) and an opposing grounding force (force exerted by 54 onto 40 when 54 is fully extended when the brace is in the original position) exerted by the spring member (52 and 56) are each carried by the flexible tensioning cord (40; 40 is always attached to 54 and therefore always carries the forces applied by 54), whereby the spring member (52 and 56) is compressed without exerting a substantial grounding force on the upper frame (upper frame, 54 exerts a force onto 40, not the upper frame).
In regards to claim 27, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the first energized cord path (path of 40a) has a longitudinal segment (segment extending from 22a) extending along the first upper arm (14a; see figure 1) and a lateral segment (diagonal section of 40a which has a lateral aspect to it) extending longitudinally from the first upper arm (14a) to the energy storage assembly (54; see figure 1).
In regards to claim 42, Potter discloses an energy storing knee brace (brace; see [0058]; see figure 1) to be worn on a limb of a user (see [0002]), the energy storing knee brace (brace) comprising:
a) an upper frame (14a, 14b, and 12c; see [0058] and [0063]; see figure 1; hereinafter “secondary frame”) having first and second longitudinally extending primary arms (14a and 14b) and a primary cross-member (12c) extending laterally there between (see figure 1), the upper frame (upper frame) configured to engage a user's leg above a knee joint (see figure 1 that the upper frame is larger than the lower frame and therefore intended to be placed on a user’s thigh);
b) a lower frame (16a, 16b, and 12a; see [0058] and [0065]; see figure 1; hereinafter “lower frame”) having first and second longitudinally extending lower arms (16a and 16b) and a lower cross-member (12a) extending laterally there between (see figure 1), the lower frame configured to engage the user's leg below the knee joint (see figure 1 that the lower frame is smaller than the upper frame and therefore intended to be placed on a user’s shin);
c) a first hinge (22a; see [0059]; see figure 1) pivotally connecting the first upper arm (14a) to the first lower arm (16a; see figure 1), and comprising a first extension member (32a; see [0059]; see figure 5) having a first peripheral surface (surface upon which 40a bears; see figure 5);
d) a second hinge pivotally (22b; see [0059]; see figure 1) connecting the second upper arm (14b) to the second lower arm (16b; see figure 1), and comprising a second extension member (32b; see [0059]; see figure 5; while figure 5 shows 32a, as seen in figure 1 22a and 22b are of similar construction; and thus 22b is considered to also have the structures seen in figure 5) having a second peripheral surface (surface upon which 40b bears; see figure 5);
e) an energy storage assembly (54; see [0061]; see figure 1) comprising a spring member (52 and 56; see [0061]; see figure 1 and 3) that is spaced apart from the first hinge (22a) and the second hinge (22b; see figure 1);
f) a first energized cord path (path of 40a; see figure 1) extending from the first hinge (22a) to the energy storage assembly (54; see figure 1), and a second energized cord path (path of 40b; see figure 1) extending from the second hinge (22b) to the energy storage assembly (54; see figure 1);
g) a flexible tensioning cord (40; see [0061]; see figure 1) having
i) a first cord segment (40a; see [0061]; see figure 3) extending from a first anchor section (42 of 40a; see [0061]; see figure 5) secured relative to the first upper arm (14a; see figure 5 that 40a is secured to the hinge via 42 and thus is indirectly secured to 14a), across the first peripheral surface and through the first energized cord path (path of 40a) to the spring member (52 and 56; see figures 1, 3, and 5),
ii) a second cord segment (40b; see [0061]; see figure 3) extending from a second anchor section (42 of 40b; see [0061]; see figure 5; as seen in figure 1 40a and 40b are of similar construction; and thus 40b is considered to also have the structures seen in figure 5) secured relative to the second upper arm (14b; see figure 5 that 40a is secured to the hinge via 42 and thus is indirectly secured to 14a; thus 42 of 40b is secured similarly to 14b), across the second peripheral surface and through the second energized cord path (path of 40b) to the spring member (52 and 56; see figure 1);
wherein the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) are configured so that pivoting the energy storing knee brace from an extended position toward a flexed position causes (i) the first extension member (32a) to bear against and exert a tension force on the first cord segment (40a) thereby drawing the first cord segment through the first energized cord path (path of 40a) and away from the energy storage assembly (54; see [0061-0062]), and (ii) the second extension member (32b) to bear against and exert a tension force on the second cord segment (40b) thereby drawing the second cord segment (40b) through the second energized cord path (path of 40b) and away from the energy storage assembly (54; see [0061-0062]), thereby loading the spring member (52 and 56; see [0061-0062]) and whereby the spring member (52 and 56) applies a restorative spring force on the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) via the flexible tensioning cord (40) urging the energy storing knee brace (brace) to return to the extended position (see [0021] in reference to the brace urging extension; see [0062] in reference to 56 extending the pulley and taking up slack, thereby creating an urging force of the brace to return to the extended position), and
wherein the flexible tensioning cord (40) is engaged around the spring member (52 and 56; see figure 1) so that the spring member (52 and 56) is disposed within a portion of the flexible tensioning cord (40) and comprising a spring portion (50; see [0061]; see figure 1) that engages a first end of the spring member (52 and 56; see figure 1), and wherein the first and second tension forces applied to the flexible tensioning cord (40) when pivoting the energy storing knee brace (brace) from the extended position toward the flexed position cause the flexible tensioning cord (40) to constrict thereby urging the spring portion (50) to compress the spring member (52 and 56) and loading the spring member (52 and 56; see [0061]).
Potter does not disclose the energy storage assembly is mounted on the lower frame, and
the flexible tensioning cord is looped around the spring member so that the spring member is disposed within a loop of the flexible tensioning cord, wherein the first and second tension forces applied to the flexible tensioning cord when pivoting the energy storing knee brace from the extended position toward the flexed position cause the loop to constrict thereby urging the spring portion to compress the spring member and loading the spring member.
However, Erfinder teaches an analogous energy storing knee brace (orthotic system; see [0013]; see figure 2) comprising an analogous upper frame (7; see [0015]; see figure 2), lower frame (6; see [0015]; see figure 2), and hinge (1; see [0015]; see figure 2) connecting the upper (7) and lower frames (6; see figure 2); further comprising an analogous energy storage assembly (3; see [0015]; see figure 2) comprising a spring member (hydraulic cylinder; see [0022]; see figure 3) and flexible tensioning cord (8; see [0015] and [0022]; see figure 2); wherein the energy storage assembly (3) is mounted on the lower frame (6; see [0035] in reference to the position of 3 being freely selected, and thus being capable of mounting to the lower frame) for the purpose of selecting a position of the energy storage assembly depending on the patient's wishes and optimal cosmetic options (see [0035]), and
wherein the flexible tensioning cord (2) is looped around the spring member (hydraulic cylinder; see figure 2 that 8 which extends through the Bowden cable tube (9) is looped around the hydraulic cylinder; see [0032]) so that the spring member (hydraulic cylinder) is disposed within a loop (circle or ellipse; see [0032]) of the flexible tensioning cord (8), wherein the first and second tension forces (tension applied to 8 when the brace bends; see [0029]) applied to the flexible tensioning cord (8) when pivoting the energy storing knee brace (orthotic system) from the extended position toward the flexed position cause the loop (circle or ellipse) to constrict (see [0029] and [0032]) thereby urging the spring portion (as indicated by A in annotated figure 3 above) to compress the spring member (hydraulic cylinder) and loading the spring member (hydraulic cylinder; see [0029]) for the purpose of demanding more or less resistance from the cylinder depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the energy storage assembly, and to have modified the tensioning cord and spring member engagement as disclosed by Potter by positioning the energy storage assembly depending on the patient's wishes and optimal cosmetic options (and thus being positioned on the lower frame if the patient so wished), and by looping the tensioning cord around the spring member so that the spring member is disposed within a loop of the tensioning cord as taught by Erfinder in order to have provided an improved energy storing knee brace that would add the benefits of customizing the energy storage knee brace depending on the patient's wishes and optimal cosmetic options (see [0035]), and that would add the benefit of demanding more or less resistance from the cylinder (spring member of Potter) depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
In regards to claim 43, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter as now modified by Erfinder further discloses wherein the energy storage assembly (54 of Potter) is mounted on the lower cross member (12a; as discussed above 54 of Potter as now modified by Erfinder is mounted on the lower frame; see figure 1).
In regards to claim 48, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the lower cross-member (12a) is on a posterior side of the lower frame (lower frame; see figure 2 that 12a of the lower frame is positioned on both a posterior aspect, and anterior aspect of the frame).
In regards to claim 49, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the upper cross-member (12c) and lower cross-member (12a) are both disposed on the same one of an anterior and a posterior side of the energy storing knee brace (brace; see figure 2 that 12a and 12c are both positioned on anterior and posterior aspects of the brace, and thus are both disposed on the same one of an anterior and a posterior side of the knee brace as claimed).
In regards to claim 83, Potter discloses an energy storing brace (brace; see [0058]; see figure 1) to be worn on a limb of a user (see [0002]), the energy storing knee brace (brace) comprising:
a) a primary frame (14a, 14b, and 12c; see [0058] and [0063]; see figure 1; hereinafter “primary frame”) having first and second longitudinally extending primary arms (14a and 14b) and a primary cross-member (12c) extending laterally there between (see figure 1), the primary frame (primary frame) configured to engage a user's limb on a first side of the joint (see figure 1 that the primary frame is intended to engage a user’s limb on a first side of the joint);
b) a secondary frame (16a, 16b, and 12a; see [0058] and [0063]; see figure 1; hereinafter “secondary frame”) having first and second longitudinally extending secondary arms (16a and 16b) and a secondary cross-member (12a) extending laterally there between (see figure 1), the secondary frame configured to engage the user's limb on an opposing secondary side of the joint (see figure 1 that the secondary frame is intended to engage a user’s limb on an opposite side of a user’s joint);
c) a first hinge (22a; see [0059]; see figure 1) pivotally connecting the first primary arm (14a) to the first secondary arm (16a; see figure 1), and comprising a first extension member (32a; see [0059]; see figure 5) having a first peripheral surface (surface upon which 40a bears; see figure 5);
d) a second hinge pivotally (22b; see [0059]; see figure 1) connecting the second primary arm (14b) to the second secondary arm (16b; see figure 1), and comprising a second extension member (32b; see [0059]; see figure 5; while figure 5 shows 32a, as seen in figure 1 22a and 22b are of similar construction; and thus 22b is considered to also have the structures seen in figure 5) having a second peripheral surface (surface upon which 40b bears; see figure 5);
e) an energy storage assembly (54; see [0061]; see figure 1) comprising a spring member (52 and 56; see [0061]; see figure 1 and 3) that is spaced apart from the first hinge (22a) and the second hinge (22b; see figure 1);
f) a first energized cord path (path of 40a; see figure 1) extending from the first hinge (22a) to the energy storage assembly (54; see figure 1), and a second energized cord path (path of 40b; see figure 1) extending from the second hinge (22b) to the energy storage assembly (54; see figure 1);
g) a flexible tensioning cord (40; see [0061]; see figure 1) having
i) a first cord segment (40a; see [0061]; see figure 3) extending from a first anchor section (42 of 40a; see [0061]; see figure 5) secured relative to the first primary arm (14a; see figure 5 that 40a is secured to the hinge via 42 and thus is indirectly secured to 14a), across the first peripheral surface and through the first energized cord path (path of 40a) to the spring member (52 and 56; see figures 1, 3, and 5),
ii) a second cord segment (40b; see [0061]; see figure 3) extending from a second anchor section (42 of 40b; see [0061]; see figure 5; as seen in figure 1 40a and 40b are of similar construction; and thus 40b is considered to also have the structures seen in figure 5) secured relative to the second primary arm (14b; see figure 5 that 40a is secured to the hinge via 42 and thus is indirectly secured to 14a; thus 42 of 40b is secured similarly to 14b), across the second peripheral surface and through the second energized cord path (path of 40b) to the spring member (52 and 56; see figure 1);
wherein the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) are configured so that pivoting the energy storing knee brace from an extended position toward a flexed position causes (i) the first extension member (32a) to bear against and exert a first tension force on the first cord segment (40a) thereby drawing the first cord segment through the first energized cord path (path of 40a) and away from the energy storage assembly (54; see [0061-0062]), and (ii) the second extension member (32b) to bear against and exert a second tension force on the second cord segment (40b) thereby drawing the second cord segment (40b) through the second energized cord path (path of 40b) and away from the energy storage assembly (54; see [0061-0062]), thereby loading the spring member (52 and 56; see [0061-0062]) and whereby the spring member (52 and 56) applies a restorative spring force on the first and second peripheral surfaces (surfaces upon which 40a and 40b bears) via the flexible tensioning cord (40) urging the energy storing knee brace (brace) to return to the extended position (see [0021] in reference to the brace urging extension; see [0062] in reference to 56 extending the pulley and taking up slack, thereby creating an urging force of the brace to return to the extended position), and
wherein the flexible tensioning cord (40) is engaged around the spring member (52 and 56; see figure 1) so that the spring member (52 and 56) is disposed within a portion of the flexible tensioning cord (40) and comprising a spring portion (50; see [0061]; see figure 1) that engages a first end of the spring member (52 and 56; see figure 1), and wherein the first and second tension forces applied to the flexible tensioning cord (40) when pivoting the energy storing knee brace (brace) from the extended position toward the flexed position cause the flexible tensioning cord (40) to constrict thereby urging the spring portion (50) to compress the spring member (52 and 56) and loading the spring member (52 and 56; see [0061]).
Potter does not disclose the energy storage assembly is mounted on the secondary frame, and
the flexible tensioning cord is looped around the spring member so that the spring member is disposed within a loop of the flexible tensioning cord, wherein the first and second tension forces applied to the flexible tensioning cord when pivoting the energy storing knee brace from the extended position toward the flexed position cause the loop to constrict thereby urging the spring portion to compress the spring member and loading the spring member.
However, Erfinder teaches an analogous energy storing knee brace (orthotic system; see [0013]; see figure 2) comprising an analogous primary frame (7; see [0015]; see figure 2), secondary frame (6; see [0015]; see figure 2), and hinge (1; see [0015]; see figure 2) connecting the primary (7) and secondary frames (6; see figure 2); further comprising an analogous energy storage assembly (3; see [0015]; see figure 2) comprising a spring member (hydraulic cylinder; see [0022]; see figure 3) and flexible tensioning cord (8; see [0015] and [0022]; see figure 2); wherein the energy storage assembly (3) is mounted on the secondary frame (6; see [0035] in reference to the position of 3 being freely selected, and thus being capable of mounting to the secondary frame) for the purpose of selecting a position of the energy storage assembly depending on the patient's wishes and optimal cosmetic options (see [0035]), and
wherein the flexible tensioning cord (2) is looped around the spring member (hydraulic cylinder; see figure 2 that 8 which extends through the Bowden cable tube (9) is looped around the hydraulic cylinder; see [0032]) so that the spring member (hydraulic cylinder) is disposed within a loop (circle or ellipse; see [0032]) of the flexible tensioning cord (8), wherein the first and second tension forces (tension applied to 8 when the brace bends; see [0029]) applied to the flexible tensioning cord (8) when pivoting the energy storing knee brace (orthotic system) from the extended position toward the flexed position cause the loop (circle or ellipse) to constrict (see [0029] and [0032]) thereby urging the spring portion (as indicated by A in annotated figure 3 above) to compress the spring member (hydraulic cylinder) and loading the spring member (hydraulic cylinder; see [0029]) for the purpose of demanding more or less resistance from the cylinder depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the position of the energy storage assembly, and to have modified the tensioning cord and spring member engagement as disclosed by Potter by positioning the energy storage assembly depending on the patient's wishes and optimal cosmetic options (and thus being positioned on the secondary frame if the patient so wished), and by looping the tensioning cord around the spring member so that the spring member is disposed within a loop of the tensioning cord as taught by Erfinder in order to have provided an improved energy storing knee brace that would add the benefits of customizing the energy storage knee brace depending on the patient's wishes and optimal cosmetic options (see [0035]), and that would add the benefit of demanding more or less resistance from the cylinder (spring member of Potter) depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
In regards to claim 84, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter as now modified by Erfinder further discloses wherein the energy storage assembly (54) is mounted on the secondary cross member (12a; as discussed above 54 of Potter as now modified by Erfinder is mounted on the secondary frame of Potter; see figure 1) and the spring member (52 and 56) is spaced laterally between the first secondary arm (16a) and the second secondary arm (16b; see figure 1 that 52 and 56 when mounted on 12c is spaced laterally between 14a and 14b; thus as now modified to have 52 and 56 positioned on 12a, 52 and 56 would be similarly spaced laterally between 16a and 16b) wherein the secondary cross member (12a of Potter) is on a posterior side of the secondary frame (secondary frame of Potter; see figure 1 of Potter that 12a is located on both anterior and posterior sides of the second frame).
In regards to claim 124, Potter discloses an energy storing brace (brace; see [0058]; see figure 1) to be worn on a limb of a user (see [0002]), the energy storing brace (brace) comprising:
a) a primary frame (14a, 14b, and 12c; see [0058] and [0063]; see figure 1; hereinafter “primary frame”) having first and second longitudinally extending primary arms (14a and 14b) and a primary cross-member (12c) extending laterally there between (see figure 1), the primary frame (primary frame) configured to engage the user's limb on a first side of a joint (see figure 1 that the primary frame is intended to engage a user’s limb on a first side of a joint);
b) a secondary frame (16a, 16b, and 12a; see [0058] and [0065]; see figure 1; hereinafter “secondary frame”) having first and second longitudinally extending secondary arms (16a and 16b) and a secondary cross-member (12a) extending laterally there between (see figure 1), the secondary frame configured to engage the user's limb on an opposing secondary side of the joint (see figure 1 the secondary frame is intended to engage a user’s limb on a secondary side of the joint opposite the first side);
c) a first hinge (22a; see [0059]; see figure 1) pivotally connecting the first primary arm (14a) to the first secondary arm (16a; see figure 1), and comprising a first extension member (32a; see [0059]; see figure 5) having a first peripheral surface (surface upon which 40a bears; see figure 5);
d) a second hinge pivotally (22b; see [0059]; see figure 1) connecting the second primary arm (14b) to the second secondary arm (16b; see figure 1), and comprising a second extension member (32b; see [0059]; see figure 5; while figure 5 shows 32a, as seen in figure 1 22a and 22b are of similar construction; and thus 22b is considered to also have the structures seen in figure 5) having a second peripheral surface (surface upon which 40b bears; see figure 5);
e) an energy storage assembly (54; see [0061]; see figure 1) mounted on the primary frame (primary frame; see figure 1) and comprising a spring member (52 and 56; see [0061]; see figure 1 and 3) that is spaced apart from the first hinge (22a) and the second hinge (22b; see figure 1);
f) a first energized cord path (path of 40a; see figure 1) extending from the first hinge (22a) to the energy storage assembly (54; see figure 1), and a second energized cord path (path of 40b; see figure 1) extending from the second hinge (22b) to the energy storage assembly (54; see figure 1);
g) a flexible tensioning cord (40; see [0061]; see figure 1) having a first cord segment (40a; see [0061]; see figure 3) extending from a first anchor section (42 of 40a; see [0061]; see figure 5) secured relative to the first primary arm (14a; see figure 5), across the first peripheral surface and through the first energized cord path (path of 40a) to the spring member (52 and 56; see figures 1, 3, and 5),
wherein the first peripheral surface (surfaces upon which 40a bears) is configured so that pivoting the energy storing knee brace from an extended position toward a flexed position causes (i) the first extension member (32a) to bear against and exert a tension force on the first cord segment (40a) drawing the first cord segment through the first energized cord path (path of 40a) and away from the energy storage assembly (54; see [0061-0062]), thereby loading the spring member (52 and 56; see [0061-0062]) and whereby the spring member (52 and 56) applies a restorative spring force on the first peripheral surface (surface upon which 40a bears) via the flexible tensioning cord (40) urging the energy storing knee brace (brace) to return to the extended position (see [0021] in reference to the brace urging extension; see [0062] in reference to 56 extending the pulley and taking up slack, thereby creating an urging force of the brace to return to the extended position); the flexible tensioning cord (40) is engaged around the spring member (52 and 56; see figure 1) so that the spring member (52 and 56) is disposed within a portion of the flexible tensioning cord (40) and comprising a spring portion (50; see [0061]; see figure 1) that engages a first end of the spring member (52 and 56; see figure 1), and wherein the first and second tension forces applied to the flexible tensioning cord (40) when pivoting the energy storing knee brace (brace) from the extended position toward the flexed position cause the flexible tensioning cord (40) to constrict thereby urging the spring portion (50) to compress the spring member (52 and 56) and loading the spring member (52 and 56; see [0061]).
Potter does not disclose the flexible tensioning cord is looped around the spring member so that the spring member is disposed within a loop of the flexible tensioning cord, wherein the first and second tension forces applied to the flexible tensioning cord when pivoting the energy storing knee brace from the extended position toward the flexed position cause the loop to constrict thereby urging the spring portion to compress the spring member and loading the spring member.
However, Erfinder teaches an analogous energy storing knee brace (orthotic system; see [0013]; see figure 2) comprising an analogous upper frame (7; see [0015]; see figure 2), lower frame (6; see [0015]; see figure 2), and hinge (1; see [0015]; see figure 2) connecting the upper (7) and lower frames (6; see figure 2); further comprising an analogous energy storage assembly (3; see [0015]; see figure 2) comprising a spring member (hydraulic cylinder; see [0022]; see figure 3) and flexible tensioning cord (8; see [0015] and [0022]; see figure 2); wherein the flexible tensioning cord (2) is looped around the spring member (hydraulic cylinder; see figure 2 that 8 which extends through the Bowden cable tube (9) is looped around the hydraulic cylinder; see [0032]) so that the spring member (hydraulic cylinder) is disposed within a loop (circle or ellipse; see [0032]) of the flexible tensioning cord (8), wherein the first and second tension forces (tension applied to 8 when the brace bends; see [0029]) applied to the flexible tensioning cord (8) when pivoting the energy storing knee brace (orthotic system) from the extended position toward the flexed position cause the loop (circle or ellipse) to constrict (see [0029] and [0032]) thereby urging the spring portion (as indicated by A in annotated figure 3 above) to compress the spring member (hydraulic cylinder) and loading the spring member (hydraulic cylinder; see [0029]) for the purpose of demanding more or less resistance from the cylinder depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tensioning cord and spring member engagement as disclosed by Potter by looping the tensioning cord around the spring member so that the spring member is disposed within a loop of the tensioning cord as taught by Erfinder in order to have provided an improved energy storing knee brace that would add the benefit of demanding more or less resistance from the cylinder (spring member of Potter) depending on the bending state and pulling the tensioning cable more as the bending angle increases to allow for an intelligent increase in damping with increasing bending angle (see [0032]).
In regards to claim 125, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the energy storage assembly (54) is mounted on the primary cross member (12c; see figure 1).
In regards to claim 126, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the spring member (52 and 56) is spaced laterally between the first primary arm (14a) and the secondary primary arm (14b; see figure 1).
Claim(s) 21 and 39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter in view of Erfinder as applied to claim 1 above, and further in view of Garrish (US 2015/0119777 A1).
In regards to claim 21, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter further discloses wherein the spring member (52 and 56) comprises the first hydraulic compression spring (as discussed above, 52 and 56 are a first hydraulic compression spring).
Potter as now modified by Erfinder does not disclose a second hydraulic compression spring arranged in parallel with the first hydraulic compression spring.
However, Garrish teaches an analogous knee brace (250; see figure 16) comprising an analogous spring member (left and right 260; see [0069]; see figure 16) for the analogous purpose of creating a restoring force to assist in urging the brace towards an extended position (see [0068]) wherein the spring member (left and right 260) comprises a first hydraulic compression spring (left 260) and a second hydraulic compression spring (right 260) arranged in parallel with the first hydraulic compression spring (left 260; see figure 16; see [abstract] in reference to the device using hydraulic tension springs).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the spring member and first hydraulic compression spring as disclosed by Potter as now modified by Erfinder by including a second hydraulic compression spring as taught by Garrish in order to have provided an improved spring member that would add the benefit of providing a second hydraulic compression spring that would increase the total assistive force applied by the spring member increasing the device’s capability to urge the brace to return to the extended position.
In regards to claim 39, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter as now modified by Erfinder does not disclose wherein the energy storage assembly comprises a housing at least partially surrounding the spring member, and wherein the first upper arm, the second upper arm, the upper cross-member and the housing are of integral, one-piece construction.
However, Garrish teaches an analogous energy storing knee brace (210; see [0059]; see figure 15) to be worn on a leg (see [0037]) comprising an analogous first upper arm (left 212; see [0058]; see figure 15), second upper arm (right 212; see [0058]; see figure 15)), and cross-member (member connecting left and right 212; see figure 15), further comprising an analogous energy storage assembly (240; see [0060]; see figure 15) wherein the energy storage assembly (240) comprises a housing (see figure 15 that 240 comprises a housing) at least partially surrounding the spring member (see figure 17 in regards to the construction of 260 which has a housing which surrounds a spring member, 240 is considered to have a similar construction), and wherein the first upper arm (left 212), the second upper arm (right 212), the upper cross-member (member connecting left and right 212) and the housing (housing of 240) are of integral, one-piece construction (see [0060] in reference to the compression element being an integral part of 212, thus the compression element is considered to be formed of a one piece, integral construction).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second upper arm, the cross member, and the spring member as disclosed by Potter as now modified by Erfinder and to have included the spring housing and to have formed the structures from a one-piece, integral construction as taught by Garrish in order to have provided an improved energy storing knee brace that would add the benefit of providing a one piece construction wherein the spring member was integrally formed, and secured to the device, thereby increasing the stability of the device, and ease of manufacturing removing extra steps of producing multiple parts, to be fastened or secured together.
Claim(s) 31 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Potter in view of Erfinder as applied to claim 1 above, and further in view of Ingimundarson et al. (US 2013/0110020 A1) (hereinafter Ingimundarson).
In regards to claim 31, Potter as now modified by Erfinder discloses the invention as discussed above.
Potter as now modified by Erfinder does not disclose wherein the first cord segment is connected to the second energized cord segment and the first anchor segment is connected to the second anchor segment such that the flexible tensioning cord comprises a generally continuous loop, extending through the upper and lower frames, the energy storage assembly and the first and second hinges.
However, Ingimundarson teaches an analogous knee brace (10; see [0073]; see figure 3) comprising analogous upper and lower frames (22-25; see [0073]; see figure 3-7) an analogous tensioning cord (29; see [0079]; see figure 3), comprising a first cord segment (left segment of 29) and second cord segment (right segment of 29); wherein the first cord segment (left segment of 29) is connected to the second energized cord segment (right segment of 29) and the first anchor segment (anchor point at left 32; see figures 3-5) is connected to the second anchor segment (anchor point at right 32; see figures 3-5) such that the flexible tensioning cord (29) comprises a generally continuous loop (see figures 3-5 that 29 extends out of both sides of 28 (figure 4), down the frames into and through 36 (figures 3 and 5); see [0081), extending through the upper and lower frames (22-25), and the first and second hinges (left and right 20) for the purpose of providing a single tensioning element which can be adjusted about the entire device by a single adjustment, to increase the overall tension of the system (See [0079]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the energized cord as disclosed by Potter as now modified by Erfinder and to have formed it from a continuous loop which extends through the upper and lower frames and the first and second hinges as taught by Ingimundarson in order to have provided an improved energized cord that would add the benefit of providing a single energized cord element which can be adjusted about the entire device by a single adjustment, to increase the overall tension of the system (See [0079]).
Thus, as now combined, Potter as now modified by Erfinder and Ingimundarson discloses a generally continuous loop, extending through the upper and lower frames, the energy storage assembly and the first and second hinges.
In regards to claim 32, Potter as now modified by Erfinder and Ingimundarson discloses the invention as discussed above.
Potter as now modified by Erfinder and Ingimundarson does not disclose further comprising a tension adjustment mechanism that includes a rotatable spindle connected to the lower frame, and wherein the flexible tensioning cord is connected to the spindle to that turning the spindle in one direction can wind the flexible tensioning cord around the spindle thereby drawing portions of the flexible tensioning cord away from the energy storage assembly and increasing the tension along the entire length of the flexible tensioning cord, and turning the spindle in an opposite direction can unwind the flexible tensioning cord around the spindle, thereby allowing portions of the flexible tensioning cord to be drawn toward the energy storage assembly and decreasing the tension along the entire length of the flexible tensioning cord.
However, Ingimundarson further teaches a tension adjustment mechanism (26; see [0079]; see figure 3) that includes a rotatable spindle (28; see [0079]; see figure 3) connected to the lower frame (see figure 16 that a similar adjustment mechanism is contemplated as being attached to the lower frame), and wherein the flexible tensioning cord (29) is connected to the spindle (28) to that turning the spindle (28) in one direction can wind the flexible tensioning cord (29) around the spindle (28) thereby drawing portions of the flexible tensioning cord (29) away, increasing the tension along the entire length of the flexible tensioning cord (see [0079]), and turning the spindle (28) in an opposite direction can unwind the flexible tensioning cord (29) around the spindle (28; see [0078]), thereby allowing portions of the flexible tensioning cord (29) to be drawn decreasing the tension along the entire length of the flexible tensioning cord (29; see [0079]) for the purpose of providing a tensioning mechanism which can increase and decrease a tension in the entirety of the tensioning cord (see [0079]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the energy storing knee brace as disclosed by Potter as now modified by Erfinder and Ingimundarson by including the adjustment mechanism of the tensioning cord as further taught by Ingimundarson in order to have provided an improved energy storing knee brace which comprises a tensioning mechanism which can increase and decrease a tension in the entirety of the tensioning cord (see [0079]), thereby allowing for an adjustment of the restoring force provided by the knee brace.
Thus, as now combined the combination of Potter as now modified by Erfinder, and Ingimundarson discloses turning the spindle in one direction can wind the flexible tensioning cord around the spindle thereby drawing portions of the flexible tensioning cord away from the energy storage assembly, and turning the spindle in an opposite direction can unwind the flexible tensioning cord around the spindle, thereby allowing portions of the flexible tensioning cord to be drawn toward the energy storage assembly.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and to address the rejection under 35 U.S.C. 112(b).
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not reasonably teach or suggest the claim limitation of “wherein the first guide member comprises a first pulley and the second guide member comprises a second pulley and wherein the first cord segment is received in a first groove on the first pulley and a first groove on the second pulley, and wherein the second cord segment is received in a second groove on the first pulley that is parallel to and offset from the first groove on the first pulley and a second groove on the second pulley that is parallel to and offset from the first groove on the second pulley” as required by claim 12. The closest art of record is that of Potter as discussed above. However, Potter fails to disclose first and second guides comprising first and second pulleys which accommodate the cord segments as claimed. Furthermore, no art could be found in the Examiner’s search which would make obvious such a modification to the pulley of Potter.
It is for at least these reasons that claim 12 is considered to comprise allowable subject matter.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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