DETAILED ACTION
This is a Final Rejection for Application 18/083,358 filed December 16, 2022. This application is a continuation-in part of (i) U.S. Application No. 17/687567 filed March 4, 2022, which claims the benefit of priority on U.S. Provisional Patent Application No. 63/157,424 filed March 5, 2021 and (ii) U.S. Application No. 17/687,592 filed March 4, 2022 which claims the benefit of priority on U.S. Provisional Patent Application No. 63/157441 filed March 5, 2021, and claims the benefit of priority on U.S. Provisional Patent Application No. 63/291,383 filed December 18, 2021. Claims 1-20 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 .
Response to Amendment
The examiner acknowledges the amendments to the claims. The claim objections indicated in the Office action filed October 7, 2025 have been overcome by amendment, therefore the claim objections are withdrawn. The 35 USC § 112(b) rejection indicated in the Office action filed October 7, 2025 has been overcome by amendment, therefore the 35 USC § 112(b) rejection is withdrawn.
The amendments to the claims change the scope of the claims, therefore new grounds of rejection are presented below. The new grounds of rejection are necessitated by the amendments.
Response to Arguments
Applicant's arguments filed January 6, 2026 have been fully considered but they are not persuasive.
Applicant argues that the insert 259 of Joseph should not be construed as the anterior panel.
This argument is unpersuasive as although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. The anterior panel in claim 1 does not include any limitation that would disqualify the insert 259 of Jospeh as being interpreted as an anterior panel. Additionally, inserting the insert into a pocket in the first arm is physically coupling the insert to the arm and, consequently, the plurality of bands.
Applicant further argues that placement of trim lines onto an 'anterior insert' of Joseph does not constitute trim lines within the anterior panel as claimed.
This argument is unpersuasive as the trim lines meet the plain meaning of a trim line and are modified to be formed within the anterior panel. The incorporation of trim lines within the anterior inserts (259) of Joseph does not need to address the problems Applicant has identified with anterior panels as the modification in the prior rejection includes the motivations for making the modification, which do not need to be the same as Applicant.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
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 1-7 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0401247 (Ishikawa) in view of US 2014/0135672 (Joseph et al.) and US 2013/0006158 (Ingimundarson et al.).
Regarding claim 1, Ishikawa discloses an adjustable multi-band spine brace system (Ishikawa discloses a pelvis correction belt that comprises multiple adjustable belt members 22, 24. See Figs. 1-6 and the abstract. The pelvis correction belt is interpreted as a spine brace system since the belt is configured to surround the sacrum which is both part of the pelvis and the spine.) comprising:
a plurality of arms foldable towards each other and configured to circumferentially surround a wearer when the plurality of arms are coupled together and the adjustable multi-band spine brace system is in use (Ishikawa discloses that the belt comprises a support member 10 and a press member 20. The press member 20 has a left and right side which are divided by the support member 10. See [0020] and Fig. 1. The left and right sides are interpreted as separate arms and are foldable towards each other and configured to circumferentially surround a wearer when the left and right sides of the press member 20 are coupled together and the pelvis correction belt is in use. See Fig. 3.),
a first arm of the plurality of arms (The left and right sides of the press member 20 are separate arms. Either side could be considered a first arm, but for the purposes of examination, the right side will be interpreted as the first arm.)
a plurality of bands (The belt members 22, 24 are interpreted as bands and there are a plurality on each side of the press member 20. See [0020] and Fig. 1.);
wherein the plurality of bands includes at least a first band and a second band (The belt members 22, 24 are interpreted as bands and there are a plurality on each side of the press member 20. See [0020] and Fig. 1. The belt member 22 is interpreted as the first band while the belt member 24 is interpreted as the second.).
Ishikawa does not disclose wherein the first arm of the plurality of arms includes at least an anterior panel including one or more trim lines formed within the anterior panel and the plurality of bands extending from the anterior panel, wherein the plurality of bands includes at least the first band having a first end physically coupled to the anterior panel and the second band having a first end physically coupled to the anterior panel; and wherein the one or more trim lines are positioned so that a smaller-sized anterior panel, formed after cutting the anterior panel of the first arm along the one or more trim lines, is still coupled to the plurality of bands.
However, Joseph discloses an orthopedic back brace comprising a first front panel 206 and a second front panel 208 and wherein the first front panel 206 includes an anterior insert 259 disposed within a pocket 258 in the first front panel 206. The first front panel and second front panel 206, 208 are analogous to the left and right sides of the press member 20 of Ishikawa. The anterior insert 259 is interpreted as an anterior panel as the insert is a panel that is configured to be disposed on the anterior side of a wearer in use. See [0067] and Figs. 3A-3E.
Additionally, Ingimundarson discloses an orthopedic device for treatment of the back comprising a rigid panel 117 with multiple trim lines 120. The rigid panel 117 is analogous to the anterior insert 259 of Joseph. The trim lines 120 are interpreted as one or more trim lines. See [0091] and Fig. 7.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the pocket 258 and the anterior insert 259 of Joseph to one of the sides of the press member 20 of Ishikawa as taught by Joseph. A skilled artisan would have been motivated to do so because the anterior insert 259 supports the wearer’s abdomen and is thermoformable to adjust the shape for a given purpose or wearer. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising multiple arms surrounding the wearer.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the trim lines 120 of Ingimundarson to the anterior insert 259 of Joseph as taught by Ingimundarson. A skilled artisan would have been motivated to do so because Ingimundarson teaches that the trim lines 120 allow the rigid panel 117 to have an appropriate size for different wearers ([0091]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising panels.
As a result of the combination, Ishikawa in view of Joseph and Ingimundarson discloses wherein the first arm of the plurality of arms includes at least an anterior panel including one or more trim lines formed within the anterior panel and the plurality of bands extending from the anterior panel (In view of Joseph and Ingimundarson, the right side of the press member 20 includes the pocket 258 and anterior insert 259 of Joseph including the trim lines 120 of Ingimundarson formed within the anterior insert 259 and the belts 22, 24 extend from the anterior insert 259.),
wherein the plurality of bands includes at least the first band having a first end physically coupled to the anterior panel and the second band having a first end physically coupled to the anterior panel (The belt members 22, 24 have a first end physically coupled to the anterior insert 259 of Joseph since the insert is retained within a pocket and the belt members are configured to attach to the pocket.); and
wherein the one or more trim lines are positioned so that a smaller-sized anterior panel, formed after cutting the anterior panel of the first arm along the one or more trim lines, is still coupled to the plurality of bands (In view of Ingimundarson, the trim lines 120 are positioned so that a smaller-sized anterior insert 259, formed after cutting the anterior insert 259 along the trim lines 120, is still coupled to the belts 22, 24 via the pocket 258.).
Regarding claim 2, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 1, wherein the one or more trim lines associated with the anterior panel comprise a marking indicating a boundary for cutting to formulate the anterior panel into the smaller-sized anterior panel (The trim lines 120 of Ingimundarson are formed by a reduced thickness enabling the clinician to trim the panel. See [0091] of Ingimundarson. The reduced thickness is interpreted as a marking indicating a boundary for cutting. Cutting along the trim line results in the anterior insert being smaller-sized.).
Regarding claim 3, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system anterior panel of claim 1, wherein the one or more trim lines associated with the anterior panel comprise a weakened boundary configured to facilitate a break (The trim lines 120 of Ingimundarson are formed by a reduced thickness enabling the clinician to trim the panel. See [0091] of Ingimundarson. Since the trim lines 120 are thinner, they are interpreted as weakened which facilitates a break.).
Regarding claim 4, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 3.
Ishikawa in view of Joseph and Ingimundarson, as previously combined, does not disclose wherein the weakened boundary comprises a plurality of indentations.
However, Joseph discloses an analogous back brace with alternate sizing indicators 353. See Figs. 4A and 4B. The alternate sizing indicator are in the form of holes. See [0083].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the trim lines 120 of Ingimundarson to be a series of holes as taught by Joseph. A skilled artisan would have been motivated to do so because Joseph teaches that the series of holes in the alternate sizing indicator allows for a user to trim excess material along the sizing indicators 353 ([0096]). Additionally, a series of holes or perforations, are a known alternative for forming a trim line as perforations make material easier to tear or cut. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to back braces with trim lines.
As a result of the modification, Ishikawa in view of Joseph and Ingimundarson discloses wherein the weakened boundary comprises a plurality of indentations (The trim lines 120 of Ingimundarson are a series of holes which are interpreted as a plurality of indentations in view of Joseph.).
Regarding claim 5, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 3.
Ishikawa in view of Joseph and Ingimundarson, as previously combined, does not disclose wherein the weakened boundary comprises a plurality of pre-cuts.
However, Joseph discloses an analogous back brace with alternate sizing indicators 353. See Figs. 4A and 4B. The alternate sizing indicator are in the form of holes. See [0083].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the trim lines 120 of Ingimundarson to be a series of holes as taught by Joseph. A skilled artisan would have been motivated to do so because Joseph teaches that the series of holes in the alternate sizing indicator allows for a user to trim excess material along the sizing indicators 353 ([0096]). Additionally, a series of holes or perforations, are a known alternative for forming a trim line as perforations make material easier to tear or cut. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to back braces with trim lines.
As a result of the modification, Ishikawa in view of Joseph and Ingimundarson discloses wherein the weakened boundary comprises a plurality of pre-cuts (The trim lines 120 of Ingimundarson are a series of holes which are interpreted as a plurality of pre-cuts in view of Joseph.).
Regarding claim 6, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 3, wherein the weakened boundary comprises a decrease in rigidity or thickness of the panel (The trim lines 120 of Ingimundarson are formed by a reduced thickness enabling the clinician to trim the panel. See [0091] of Ingimundarson.).
Regarding claim 7, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 1, wherein the one or more trim lines associated with the anterior panel comprise an inner trim line and an outer trim line that follow a peripheral boundary of the panel (The trim lines 120 of Ingimundarson comprise an inner trim line and an outer trim line as shown in Fig. 7 of Ingimundarson. Since there are multiple trim lines 120 running congruently, the trim line 120 that yields the smallest panel is being interpreted as the inner trim line and the trim line 120 that yields the largest panel is being interpreted as the outer trim line. The terms inner and outer are being interpreted to describe the distance to the center.).
Regarding claim 9, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 1, wherein the anterior panel is made of a rigid material (In view of Joseph, the thermoformable material of the anterior insert 259 is rigid below a temperature of 130 degrees Fahrenheit, which is most often the case when in use on the wearer. See [0051] of Joseph.).
Regarding claim 10, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 1, wherein the smaller-sized anterior panel is formed with a size lesser in length and width than the anterior panel prior to the cutting of the anterior panel (In view of Ingimundarson, the trim lines 120 of Ingimundarson are configured to reduce the size of the anterior insert 259 of Joseph in both length and width. See Fig. 7 of Ingimundarson.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US 2022/0401247 (Ishikawa) in view of US 2014/0135672 (Joseph et al.) and US 2013/0006158 (Ingimundarson et al.), and further in view of US 2014/0058307 (Marshall) and US 2014/0228727 (Burke et al.).
Regarding claim 8, Ishikawa in view of Joseph and Ingimundarson discloses the adjustable multi-band spine brace system of claim 1.
Ishikawa in view of Joseph and Ingimundarson does not disclose wherein a second end of the first band is inserted through a first slot of a pulley base included as part of an attachment mechanism, a second end of the second band is inserted through a second slot of the pulley base angled differently than the first slot, and each of the first band and the second band operate independent of each other.
However, Burke discloses an analogous lower spine brace comprising a panel 100 including a cord and a plurality of cord guides. See Figs. 1 and 8a. The panel is interpreted as a pulley base and the cord guides are interpreted as pulleys. Burke discloses wherein a second end of the first band is inserted through a first slot of a pulley base included as part of an attachment mechanism (See Fig. 4 where the end of the first lateral support 460 is inserted through aperture 420 in the panel 400.).
Additionally, Marshall discloses an analogous back brace with multiple openings 16g for receiving straps. See Figs. 9-11. Marshall discloses wherein a second end of the first band is inserted through a first slot and a second end of the second band is inserted through a second slot angled differently than the first slot, and each of the first band and the second band operate independent of each other (An end of the straps 29 is inserted into the slots and the top slot is angled differently from the bottom slot as depicted in Figs. 9-11. The bands operate independent of one another as they are different straps.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the support member 10 of Ishikawa to comprise a pair of pulley bases and for the band to be inserted through a slot on the first pulley base as taught by Burke. A skilled artisan would have been motivated to do so because Burke teaches the cord may be tightened about the cord guides which shortens the distance between the first panel and the second panel ([0047]). This would also allow for size adjustment while in use in contrast to Ishikawa which requires disengagement to adjust. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to lumbar orthotics.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to further modify the support member such that the pair of pulley bases in view of Burke each have an upper and a lower slot for the two bands of Ishikawa as taught by Marshall. A skilled artisan would have been motivated to do so because Marshall teaches a plurality of straps which necessitates a plurality of slots ([0039]). It is also recognized that having the slots angularly disposed would prevent the bands from bunching in the slots since the bands travel around the user at different angles relative to one another. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn lumbar orthotics.
Claims 11-20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220401247 (Ishikawa) in view of US 2014/0135672 (Joseph et al.), US 2013/0006158 (Ingimundarson et al.) and US 5,634,891 (Beczak, Sr. et al.).
Regarding claim 11, Ishikawa discloses an adjustable multi-band spine brace system (Ishikawa discloses a pelvis correction belt that comprises multiple adjustable belt members 22, 24. See Figs. 1-6 and the abstract. The pelvis correction belt is interpreted as a spine brace system since the belt is configured to surround the sacrum which is both part of the pelvis and the spine.) comprising:
a plurality of arms foldable towards each other and configured to circumferentially surround a wearer when the plurality of arms are coupled together and the adjustable multi-band spine brace system is in use (Ishikawa discloses that the belt comprises a support member 10 and a press member 20. The press member 20 has a left and right side which are divided by the support member 10. See [0020] and Fig. 1. The left and right sides are interpreted as separate arms and are foldable towards each other and configured to circumferentially surround a wearer when the left and right sides of the press member 20 are coupled together and the pelvis correction belt is in use. See Fig. 3.),
a first arm of the plurality of arms (The left and right sides of the press member 20 are separate arms. Either side could be considered a first arm, but for the purposes of examination, the right side will be interpreted as the first arm.), and
a plurality of bands (The belt members 22, 24 are interpreted as bands and there are a plurality on each side of the press member 20. See [0020] and Fig. 1.).
Ishikawa does not disclose wherein the first arm of the plurality of arms includes at least (i) an anterior panel including one or more trim lines formed within the anterior panel and the plurality of bands extending from the anterior panel, the (ii) plurality of bands includes a middle band physically coupled to and extending laterally from the anterior panel, an upper band physically coupled to and angularly extending from the anterior panel upwardly from the middle band, and a lower band physically coupled to and angularly extending from the anterior panel downwardly from the middle band, and wherein the one or more trim lines are positioned so that a revised anterior panel, formed after cutting the anterior panel along the one or more trim lines and formed with a size lesser in length and width than the anterior panel, is still coupled to the plurality of bands.
However, Joseph discloses an orthopedic back brace comprising a first front panel 206 and a second front panel 208 and wherein the first front panel 206 includes an anterior insert 259 disposed within a pocket 258 in the first front panel 206. The first front panel and second front panel 206, 208 are analogous to the left and right sides of the press member 20 of Ishikawa. The anterior insert 259 is interpreted as an anterior panel as the insert is a panel that is configured to be disposed on the anterior side of a wearer in use. See [0067] and Figs. 3A-3E.
Additionally, Ingimundarson discloses an orthopedic device for treatment of the back comprising a rigid panel 117 with multiple trim lines 120. The rigid panel 117 is analogous to the anterior insert 259 of Joseph. The trim lines 120 are interpreted as one or more trim lines. See [0091] and Fig. 7.
Finally, Beczak discloses a corset 20 with a plurality of bands: upper belt 50, center belt 52 and lower belt 54. See Fig. 3 and Col. 5, Lns. 51-67. Center belt 52 is interpreted as a middle band while upper belt 50 is interpreted as an upper band, which angularly extends upward from the center belt 52, and lower belt 54 is interpreted as a lower band, which angularly extends downward from the center belt 52.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the pocket 258 and the anterior insert 259 of Joseph to one of the sides of the press member 20 of Ishikawa as taught by Joseph. A skilled artisan would have been motivated to do so because the anterior insert 259 supports the wearer’s abdomen and is thermoformable to adjust the shape for a given purpose or wearer. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising multiple arms surrounding the wearer.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the trim lines 120 of Ingimundarson to the anterior insert 259 of Joseph as taught by Ingimundarson. A skilled artisan would have been motivated to do so because Ingimundarson teaches that the trim lines 120 allow the rigid panel 117 to have an appropriate size for different wearers ([0091]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising panels.
Finally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a center belt 52 to the press members 20 of Ishikawa as taught by Beczak. A skilled artisan would have been motivated to do so because Beczak teaches that the three belts allow the adjustment of the device to exert a uniform circumferential pressure on the torso of the wearer at vertically spaced apart locations (Col. 5, Lns. 51-67). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic torso devices.
As a result of the combinations, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses wherein the first arm of the plurality of arms includes at least an anterior panel including one or more trim lines formed within the anterior panel and the plurality of bands extending from the anterior panel (In view of Joseph and Ingimundarson, the right side of the press member 20 includes the pocket 258 and anterior insert 259 of Joseph including the trim lines 120 of Ingimundarson formed within the anterior insert 259 and the belts 22, 24 extend from the anterior insert 259.),
the (ii) plurality of bands includes a middle band physically coupled to and extending laterally from the anterior panel, an upper band physically coupled to and angularly extending from the anterior panel upwardly from the middle band, and a lower band physically coupled to and angularly extending from the anterior panel downwardly from the middle band (In view of Beczak, the center belt 52 of Beczak is interpreted as a middle band physically coupled to and extending laterally from the anterior insert 259 of Joseph, the belt 22 of Ishikawa is interpreted as an upper band physically coupled to and extending from the anterior insert 259 upwardly from the center belt 52, and the belt 24 of Ishikawa is interpreted as a lower band physically coupled to and extending from the anterior insert 259 downwardly from the center belt 52.), and
wherein the one or more trim lines are positioned so that a revised anterior panel, formed after cutting the anterior panel along the one or more trim lines and formed with a size lesser in length and width than the anterior panel, is still coupled to the plurality of bands (In view of Ingimundarson, the trim lines 120 are positioned so that a smaller-sized anterior insert 259, formed after cutting the anterior insert 259 along the trim lines 120, is still coupled to the belts 22, 24 via the pocket 258. The trim lines 120 of Ingimundarson are configured to reduce the size of the anterior insert 259 of Joseph in both length and width. See Fig. 7 of Ingimundarson.).
Regarding claim 12, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11, wherein the one or more trim lines associated with the anterior panel comprise a marking indicating a boundary for cutting (The trim lines 120 of Ingimundarson are formed by a reduced thickness enabling the clinician to trim the panel. See [0091] of Ingimundarson. The reduced thickness is interpreted as a marking indicating a boundary for cutting.).
Regarding claim 13, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11, wherein the one or more trim lines associated with the anterior panel comprise a weakened boundary configured to facilitate a break (The trim lines 120 of Ingimundarson are formed by a reduced thickness enabling the clinician to trim the panel. See [0091] of Ingimundarson. Since the trim lines 120 are thinner, they are interpreted as weakened which facilitates a break.).
Regarding claim 14, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11.
Ishikawa in view of Joseph, Ingimundarson and Beczak, as previously combined, does not disclose wherein the plurality of arms are removably coupled together by using a hook and loop coupling positioned on an anterior side of the first arm of the plurality of arms and a posterior side of a second arm of the plurality of arms.
However, Joseph discloses attachment 256 in the form of hook-and-loop compatible material that is provided on the ventral end 242 of both front panels 206, 208 on both the outer face 244 and inner face 246. See [0066] and Figs. 3A-3E.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the coupling parts 30, 40 of Ishikawa to comprise both hooks and loops on each of the outer and inner faces as taught by Joseph. A skilled artisan would have been motivated to do so because Joseph teaches that the hook and loop fasteners facilitate attachment of the front panels in an overlapping configuration in with either panel on top ([0066]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising multiple arms surrounding the wearer.
As a result of the modification, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses wherein the plurality of arms are removably coupled together by using a hook and loop coupling positioned on an anterior side of the first arm of the plurality of arms and a posterior side of a second arm of the plurality of arms (The left and right sides of the press member 20 are removably coupled by using hook and loop coupling positioned on an anterior side of the right side of press member 20 and a posterior side of the left side of the press member 20.).
Regarding claim 15, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11.
Ishikawa in view of Joseph, Ingimundarson and Beczak, as previously combined, does not disclose wherein the plurality of arms are removably coupled together by using a hook and loop coupling positioned on a posterior side of the first arm of the plurality of arms and an anterior side of a second arm of the plurality of arms.
However, Joseph discloses attachment 256 in the form of hook-and-loop compatible material that is provided on the ventral end 242 of both front panels 206, 208 on both the outer face 244 and inner face 246. See [0066] and Figs. 3A-3E.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the coupling parts 30, 40 of Ishikawa to comprise both hooks and loops on each of the outer and inner faces as taught by Joseph. A skilled artisan would have been motivated to do so because Joseph teaches that the hook and loop fasteners facilitate attachment of the front panels in an overlapping configuration in with either panel on top ([0066]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising multiple arms surrounding the wearer.
As a result of the modification, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses wherein the plurality of arms are removably coupled together by using a hook and loop coupling positioned on a posterior side of the first arm of the plurality of arms and an anterior side of a second arm of the plurality of arms (The left and right sides of the press member 20 are removably coupled by using hook and loop coupling positioned on a posterior side of the right side of press member 20 and an anterior side of the left side of the press member 20.).
Regarding claim 16, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11, wherein the one or more trim lines extend from a first intersect point between an edge of the anterior panel and an indentation associated with the revised anterior panel and a second intersect point between the edge of the anterior panel and the indentation associated with the revised anterior panel (In view of Ingimundarson, the trim lines 120 extend from a first intersect point between an edge of the anterior insert 259 of Joseph and an indentation associated with smaller-sized anterior insert and a second intersect point between the edge of the anterior insert 259 and the indentation associated with the smaller-sized anterior insert. The examiner is interpreting the inner most trim line to be an indentation associated with the revised anterior panel since the indentation is a thinned region outlining the smallest anterior insert.).
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Annotated Fig. 7 of Ingimundarson
Regarding claim 17, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 11, wherein the indentation outlines an edge of the revised anterior panel of the first arm (In view of Ingimundarson, the indentation outlines an edge of the smaller-sized anterior insert 259 of Joseph.).
Regarding claim 18, Ishikawa discloses an adjustable multi-band spine brace system (Ishikawa discloses a pelvis correction belt that comprises multiple adjustable belt members 22, 24. See Figs. 1-6 and the abstract. The pelvis correction belt is interpreted as a spine brace system since the belt is configured to surround the sacrum which is both part of the pelvis and the spine.) comprising:
a plurality of arms foldable towards each other and configured to circumferentially surround a wearer when the plurality of arms are coupled together and the adjustable multi-band spine brace system is in use (Ishikawa discloses that the belt comprises a support member 10 and a press member 20. The press member 20 has a left and right side which are divided by the support member 10. See [0020] and Fig. 1. The left and right sides are interpreted as separate arms and are foldable towards each other and configured to circumferentially surround a wearer when the left and right sides of the press member 20 are coupled together and the pelvis correction belt is in use. See Fig. 3.),
a first arm of the plurality of arms (The left and right sides of the press member 20 are separate arms. Either side could be considered a first arm, but for the purposes of examination, the right side will be interpreted as the first arm.), and
a plurality of bands (The belt members 22, 24 are interpreted as bands and there are a plurality on each side of the press member 20. See [0020] and Fig. 1.).
Ishikawa does not disclose wherein the first arm of the plurality of arms includes at least an anterior panel coupled to an end of the first arm and configured with one or more trim lines formed within the anterior panel, and the plurality of bands extending from the anterior panel, wherein the plurality of bands includes a middle band physically coupled to and extending laterally from the anterior panel, an upper band physically coupled to and angularly extending from the anterior panel upwardly from the middle band, and a lower band physically coupled to and angularly extending from the anterior panel downwardly from the middle band, and wherein the one or more trim lines are positioned so that a revised anterior panel, formed after cutting or breaking the anterior panel along the one or more trim lines, is still coupled to the plurality of bands.
However, Joseph discloses an orthopedic back brace comprising a first front panel 206 and a second front panel 208 and wherein the first front panel 206 includes an anterior insert 259 disposed within a pocket 258 in the first front panel 206. The first front panel and second front panel 206, 208 are analogous to the left and right sides of the press member 20 of Ishikawa. The anterior insert 259 is interpreted as an anterior panel as the insert is a panel that is configured to be disposed on the anterior side of a wearer in use. See [0067] and Figs. 3A-3E.
Additionally, Ingimundarson discloses an orthopedic device for treatment of the back comprising a rigid panel 117 with multiple trim lines 120. The rigid panel 117 is analogous to the anterior insert 259 of Joseph. The trim lines 120 are interpreted as one or more trim lines. See [0091] and Fig. 7.
Finally, Beczak discloses a corset 20 with a plurality of bands: upper belt 50, center belt 52 and lower belt 54. See Fig. 3 and Col. 5, Lns. 51-67. Center belt 52 is interpreted as a middle band while upper belt 50 is interpreted as an upper band, which angularly extends upward from the center belt 52, and lower belt 54 is interpreted as a lower band, which angularly extends downward from the center belt 52.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the pocket 258 and the anterior insert 259 of Joseph to one of the sides of the press member 20 of Ishikawa as taught by Joseph. A skilled artisan would have been motivated to do so because the anterior insert 259 supports the wearer’s abdomen and is thermoformable to adjust the shape for a given purpose or wearer. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising multiple arms surrounding the wearer.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the trim lines 120 of Ingimundarson to the anterior insert 259 of Joseph as taught by Ingimundarson. A skilled artisan would have been motivated to do so because Ingimundarson teaches that the trim lines 120 allow the rigid panel 117 to have an appropriate size for different wearers ([0091]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to bracing systems comprising panels.
Finally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a center belt 52 to the press members 20 of Ishikawa as taught by Beczak. A skilled artisan would have been motivated to do so because Beczak teaches that the three belts allow the adjustment of the device to exert a uniform circumferential pressure on the torso of the wearer at vertically spaced apart locations (Col. 5, Lns. 51-67). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic torso devices.
As a result of the combination, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses wherein the first arm of the plurality of arms includes at least an anterior panel coupled to an end of the first arm and configured with one or more trim lines formed within the anterior panel (In view of Joseph and Ingimundarson, the right side of the press member 20 includes at its end the pocket 258 and anterior insert 259 of Joseph including the trim lines 120 of Ingimundarson formed within the anterior insert 259 and the belts 22, 24 extend from the anterior insert 259.), and
the plurality of bands extending from the anterior panel, wherein the plurality of bands includes a middle band physically coupled to and extending laterally from the anterior panel, an upper band physically coupled to and angularly extending from the anterior panel upwardly from the middle band, and a lower band physically coupled to and angularly extending from the anterior panel downwardly from the middle band (In view of Beczak, the center belt 52 of Beczak is interpreted as a middle band extending laterally from the anterior insert 259 of Joseph, the belt 22 of Ishikawa is interpreted as an upper band extending from the anterior insert 259 upwardly from the center belt 52, and the belt 24 of Ishikawa is interpreted as a lower band extending from the anterior insert 259 downwardly from the center belt 52.), and
wherein the one or more trim lines are positioned so that a revised anterior panel, formed after cutting or breaking the anterior panel along the one or more trim lines, is still coupled to the plurality of bands (In view of Ingimundarson, the trim lines 120 are positioned so that a smaller-sized anterior insert 259, formed after cutting the anterior insert 259 along the trim lines 120, is still coupled to the belts 22, 24 via the pocket 258. The trim lines 120 of Ingimundarson are configured to reduce the size of the anterior insert 259 of Joseph in both length and width. See Fig. 7 of Ingimundarson.).
Regarding claim 19, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 18, wherein the revised anterior panel is formed with a size lesser in length and width than the anterior panel prior to the cutting or breaking of the anterior panel (In view of Ingimundarson, the trim lines 120 are positioned so that a smaller-sized anterior insert 259, formed after cutting the anterior insert 259 along the trim lines 120, is still coupled to the belts 22, 24 via the pocket 258. The trim lines 120 of Ingimundarson are configured to reduce the size of the anterior insert 259 of Joseph in both length and width. See Fig. 7 of Ingimundarson.).
Regarding claim 20, Ishikawa in view of Joseph, Ingimundarson and Beczak discloses the adjustable multi-band spine brace system of claim 18, wherein: the one or more trim lines extend from a first intersect point between an edge of the anterior panel and an indentation associated with the revised anterior panel and a second intersect point between the edge of the anterior panel and the indentation associated with the revised anterior panel (In view of Ingimundarson, the trim lines 120 extend from a first intersect point between an edge of the anterior insert 259 of Joseph and an indentation associated with smaller-sized anterior insert and a second intersect point between the edge of the anterior insert 259 and the indentation associated with the smaller-sized anterior insert. The examiner is interpreting the inner most trim line to be an indentation associated with the revised anterior panel since the indentation is a thinned region outlining the smallest anterior insert.), and
the indentation outlines an edge of the revised anterior panel (In view of Ingimundarson, the indentation outlines an edge of the smaller-sized anterior insert 259 of Joseph.).
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Annotated Fig. 7 of Ingimundarson
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786