DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendments to claims 1-4, 6-7, and 12-13 in the response filed July 15, 2025, are acknowledged by the Examiner.
Claims 1-14 remain pending in the current action.
Response to Arguments
In response to “Claim Objections”
Applicant’s amendments have overcome the current claim objections, they are therefore withdrawn.
In response to “Claim Rejections - 35 USC 112”
Applicant’s amendments to claims 2, 4, 6, and 7 have overcome the current claim objections, they are therefore withdrawn.
In response to “Claim Rejections - 35 USC 102” and “Claim Rejections – 35 USC 103”
With respect to claim 1, Applicant argues that Doty et al does not meet each limitation of the amended claim. As necessitated by the amendments, new grounds of rejection have been made.
Claim Objections
Claims 3 and 4 are objected to because of the following informalities:
Claim 3 is amended but not marked as such.
Claim 4 line 4 is suggested to recite “a spring engagement mechanism;”
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li, US 2024/0225883 (priority to Sep. 2021).
With respect to claim 1, Li discloses An article of manufacture for providing an adjustable cervical collar (Fig 2, collar shown), the adjustable cervical collar comprising: a lower support arm having a pair of opposing ends (Fig 1, lower arm 30); a rear support member attachable from the lower support arm (Fig 1, rear support 103); a pair of lower support arm locking mechanisms coupled to the lower support arm and having a locked and unlocked configuration (Fig 2, locking mechanisms 44, 20, locked and unlocked via member 40); a pivotable upper chin support arm having opposing ends and coupled to the lower support arm via a connecting pivot at the opposing ends (Fig 1, upper chin support 101, connecting pivot where member 11 meets member 30); wherein the lower support arm and the upper chin support arm are not integral with one another and rotate about the connecting pivot point when the pair of lower support arm locking mechanisms are in an unlocked position ([0049], upper chin support 101 pivot relative to lower support 30 via pivots); and the pair of lower support arm locking mechanisms constrains the pivoting positioning of the lower support arm relative to the pivotable upper chin support arm in the locked configuration (Fig 3, locks 20).
With respect to claim 2, Li discloses The adjustable cervical collar according to claim 1, wherein each of the pair of lower support arm locking mechanisms comprises: a toothed sliding height adjustment piece having a plurality of teeth (Fig 3, toothed members 11); an anchored locking tooth component (Fig 3, tooth anchor 221); a spring-loaded sliding lock (Fig 3, springs 222 of lock 22); a locking mechanism release button coupled to a release button coupling elongated section (Fig 2, button 40).
With respect to claim 3, Li discloses The adjustable cervical collar according to claim 2, wherein the anchored locking tooth component comprises: a top surface (Fig 5, top surface with tooth 2211); a latching tooth flexible arm portion having an inner end being coupled to the top surface (Fig 5, arm portion 2212, 2213 for the flexible spring member); and an engagement tooth at an outer end of the latching tooth flexible arm portion (Fig 5, top surface with tooth 2211).
With respect to claim 4, Li et al discloses The adjustable cervical collar according to claim 2, wherein the spring-loaded sliding lock comprises: a tooth engagement body (Fig 5, tooth body 221); spring engagement mechanism (Fig 5, spring engagement 2213); and the release button coupling elongated section (Fig 3, button engagement 43).
With respect to claim 5, Li discloses The adjustable cervical collar according to claim 3, wherein the toothed sliding height adjustment piece comprises a locking mechanism latching teeth for engaging a latching tooth engagement arm of the anchored locking tooth component (Fig 4, latching teeth 211).
With respect to claim 6, Li discloses The adjustable cervical collar according to claim 5, wherein depressing the locking mechanism release button pulls the release button coupling elongated section causing the spring engagement mechanism to compress and a tooth engagement body to disengage from the latching tooth engagement arm to permit the engagement tooth to disengage the locking mechanism latching teeth ([0091], press the button 40 to pull the coupling members 43 to compress the spring 42 and disengage).
With respect to claim 7, Li discloses The adjustable cervical collar according to claim 6, wherein releasing the locking mechanism release button causes the spring engagement mechanism to return to an uncompressed state pushing a tooth engagement body to engage the latching tooth flexible arm portion causing the engagement tooth to reengage the locking mechanism latching teeth ([0091], spring under button 41 causes return and engagement of the lock system).
With respect to claim 8, Li discloses The adjustable cervical collar according to claim 2, wherein the lower support arm comprises: a lower support arm outer shell (Fig 2, outer shell 31); and a lower support arm inner shell, the pair of lower support arm locking mechanisms being coupled to the lower support arm inner shell (Fig 2, inner shell 32).
With respect to claim 9, Li discloses The adjustable cervical collar according to claim 8, wherein the locking mechanism release button is accessible from outside the lower support arm outer shell (Fig 2, button 40).
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 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Hsu, US 2018/0078400.
With respect to claim 10, Li discloses The adjustable cervical collar according to claim 2.
Li is silent on wherein a rear support member attachable from the lower support arm, the rear support member comprising: a rear support member frame component and a pair of rear support member attachment straps for coupling the rear support member to the lower support arm.
Hsu et al teaches an analogous neck brace with a rear support member attachable from the lower support arm (Fig 3, rear support 204), the rear support member comprising: a rear support member frame component and a pair of rear support member attachment straps for coupling the rear support member to the lower support arm (Fig 3, frame 204, straps 216).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rear member attachment to the front member of Li to be the strap system as taught by Hsu et al in order to make donning easier (Hsu et al [0022]).
With respect to claim 11, Li/Hsu et al discloses The adjustable cervical collar according to claim 10, wherein the rear support member frame component comprises: a pair of rear support member attachment strap slots for accepting corresponding rear support member attachment straps (Hsu et al Fig 15C, slots 436).
Hsu further teaches a rear support member lower member (Fig 15A, a lower member 416); a pair of rear support member upper shoulder members (Fig 15A, shoulder members 405), a pair of rear support member upper neck members (Fig 15A, [0013], neck supports 412).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the rear support of Doty et al with the neck supports as taught by Hsu et al in order to improve user comfort (Hsu et al [0130]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Druskoczi, US 5,010,877.
With respect to claim 12, Li discloses The adjustable cervical collar according to claim 1, further comprises: a lower support arm padding coupled to the lower support arm (Fig 1, front pad 102) … a rear support member padding coupled to the rear support member (Fig 1, back pad 103) … and an upper chin support member padding coupled to the upper chin support arm (Fig 29, [0058], chin support with padding).
Li is silent on an lower support arm padding coupled to the lower support arm using one or more first lower pocket outer item; a rear support member padding coupled to the rear support member using a top pocket outer item and a second lower pocket outer item.
Druskoczi teaches an analogous neck orthosis having an lower support arm padding coupled to the lower support arm using one or more first lower pocket outer item (Fig 8, front 34 with lower support arms attached to padding layer 36 via pockets 41/40); a rear support member padding coupled to the rear support member using a top pocket outer item and a second lower pocket outer item (Fig 8, back 35 padding 44 coupled via pockets 44d, 44b);
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the padding of Li to be attached via pockets as taught by Druskoczi in order to allow removal and washing (Druskoczi col 1 ll 35-40).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Li/Druskoczi as applied to claim 12 above, and further in view of Nakamura et al, US 6,027,467.
With respect to claim 13, Li/Druskoczi discloses The adjustable cervical collar according to claim 12.
Li/Druskoczi is silent on wherein the upper chin support arm padding, the lower support arm padding, and the rear support member padding each having a laminated outer layer and a plurality of plurality of raised padding sections.
Nakamura et al teaches an analogous neck support with a chin, posterior, and anterior region, the padding of each region having a laminated outer layer and a plurality of plurality of raised padding sections (Fig 1, outer layer 3 and raised sections 31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the padding of Li/Druskoczi to have the raised sections as taught by Nakamura et al in order to allow the padding to better curve to surround the neck of the user (Nakamura et al col 3 ll 00-5).
With respect to claim 14, Li/Druskoczi/Nakamura discloses The adjustable cervical collar according to claim 13, wherein the plurality of raised padding sections being molded into a single layer (Nakamura Fig 1, all of padding, outer layer 3 and raised sections 31, is a single layer that is capable of being made by a molding process. As set forth in MPEP 2113, product by process claims are NOT limited to the manipulations of the recited steps, only to the structure implied by the steps. Once a product appearing to be substantially the same or similar is found, a 35 U.S.C. 102/103 rejection may be made and the burden is shifted to applicant to show an unobvious difference. See MPEP 2113).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the padding of Li/Druskoczi to have the raised sections as taught by Nakamura et al in order to allow the padding to better curve to surround the neck of the user (Nakamura et al col 3 ll 00-5).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached on (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM BAKER/ Primary Examiner, Art Unit 3786