DETAILED ACTION
In Applicant’s Response filed 2/10/26, Applicant has amended claims 1-3, 8, 12, 18 and 20-21. Currently, claims 1-23 are pending (claims 9-10 were previously withdrawn).
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/10/26 has been entered.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garth ‘698 (US 5,230,698),
With respect to claim 20, Garth ‘698 discloses a cervical collar back panel (Fig 4), comprising: an attachment panel including a central panel member, a first extension panel member and a second extension panel member (Fig 4, panel 21 interpreted to be divided into sections, with a central section being the central panel and the portions at either side where the straps 28 extending through being first and second extension panels); and
one cervical panel arranged to provide a symmetric architecture during a donning process (Fig 4, cervical panel 26; shown having a symmetrical configuration during application in fig 7), the cervical panel includes a first segment and a second segment coupled to the central panel member (Fig 5, panel 26 with first/left and second/right segments integrally attached thereto), wherein the first segment of the cervical panel being configured to move laterally inward during adjustment of the first extension panel in an anterior direction and the second segment of the cervical panel being configured to move laterally inward during adjustment of the second extension panel in the anterior direction (Fig 5, segments of panel 26 are turned laterally inward and anteriorly upon tightening of the central panel 21),
wherein the central panel member includes an aperture surrounding by a plurality of periphery members (Garth ‘698 Fig 6, aperture 27 defined by and surrounded by periphery members), the plurality of periphery members includes a first periphery member configured with an incline angle tending to veer away from an anterior side of the cervical collar back panel and a second periphery member, positioned on an opposite side of the aperture as the first periphery member, configured with a decline angle veering away from the anterior side of the cervical collar back panel (Garth ‘698 Fig 13, col 2 ll 40-45, surrounding periphery members conform to the user’s neck and shoulders to the upper periphery has some level of an incline and the lower periphery has some level of a decline).
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, 6-7, 11-13 and 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Garth ‘698 (US 5,230,698) in view of Polliack (US 2013/0324898).
With respect to claim 1, Garth ‘698 discloses a cervical collar back panel (Fig 4), comprising: an attachment panel including a central panel member, a first extension panel member and a second extension panel member (Fig 4, panel 21 interpreted to be divided into sections, with a central section being the central panel and the portions at either side where the straps 28 extending through being first and second extension panels); and a cervical panel arranged to provide a symmetric architecture during a donning process (Fig 4, cervical panel 26; shown having a symmetrical configuration during application in fig 7), the cervical panel includes a first segment and a second segment (Fig 5, panel 26 with first/left and second/right segments), wherein the first segment of the cervical panel being configured to move laterally inward during adjustment of the first extension panel in an anterior direction and the second segment of the cervical panel being configured to move laterally inward during adjustment of the second extension panel in the anterior direction (Fig 5, segments of panel 26 are turned laterally inward and anteriorly upon tightening of the central panel 21).
Garth ‘698 does not, however, disclose that the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation.
Polliack, however, teaches an analogous panel system with a cervical panel and central panel (Fig 2 attachment panel 14 , central panel 24) wherein the cervical panel provides a symmetric architecture ([0047], symmetrical about the horizontal axis) wherein the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation (Polliack [0047], symmetrical about the horizontal axis). 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 system of Garth ‘698 so that the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation, as taught by Polliack, in order to make it more easily donned (Polliack [0047]).
With respect to claim 6, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 1) and Garth also discloses that the first segment is attached to the first extension panel member to allow for inward articulation in response to compression caused by the first extension panel member and the second segment is attached to the second extension panel member to allow for inward articulation in response to compression caused by the second extension panel member (Garth ‘698 Fig 5, segments of member 26 attached to the extension panels via the straps 28 passing through, this allows for articulation of the member 26 as a whole and the segments thereof as a result of compression from the extension panels).
With respect to claim 7, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 1) and Garth also discloses that the first extension panel member includes a channel positioned adjacent to a side periphery member of the central panel member, the channel is configured to mitigate lateral movement of the central panel member in response to angular movement by first extension panel member (Garth ‘698 Fig 4, slots between flaps 25 which allow for the device to conform to the user’s neck through aiding the device to bend, as the system is bent it is less likely to move laterally).
With respect to claim 11, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 1) and Garth also discloses that the central panel member includes an aperture surrounding by a plurality of periphery members (Garth ‘698 Fig 6, aperture 27 defined by and surrounded by periphery members), the plurality of periphery members includes a first periphery member configured with an incline angle tending to veer away from an anterior side of the cervical collar back panel and a second periphery member, positioned on an opposite side of the aperture as the first periphery member, configured with a decline angle veering away from the anterior side of the cervical collar back panel (Garth ‘698 Fig 13, col 2 ll 40-45, surrounding periphery members conform to the user’s neck and shoulders to the upper periphery has some level of an incline and the lower periphery has some level of a decline).
With respect to claim 12, Garth ‘698 discloses a cervical collar back panel (Fig 4), comprising: an attachment panel including a central panel member, a first extension panel member and a second extension panel member (Fig 4, panel 21 interpreted to be divided into sections, with a central section being the central panel and the portions at either side where the straps 28 extending through being first and second extension panels); and a cervical panel including a first segment and a second segment (Fig 5, panel 26 with first/left and second/right segments), wherein when coupled to a cervical collar front body and collectively worn as a cervical collar (as shown in fig 11), the first segment and the second segment are interchangeable (Fig 4, cervical panel 26 is shown having a symmetrical configuration during application in fig 7 and thus is interpreted as being capable of the first and second segments being interchangeably applied to left/right sides of the body) as both the first segment and the second segment are configured to support different occipital region and upper trapezius regions of a patient (as shown in figs 7-8).
Garth ‘698 does not, however, disclose that the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation.
Polliack, however, teaches an analogous panel system with a cervical panel and central panel (Fig 2 attachment panel 14 , central panel 24) wherein the cervical panel provides a symmetric architecture ([0047], symmetrical about the horizontal axis) wherein the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation (Polliack [0047], symmetrical about the horizontal axis). 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 system of Garth ‘698 so that the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation, as taught by Polliack, in order to make it more easily donned (Polliack [0047]).
With respect to claim 13, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 12) and Garth also discloses the first segment of the cervical panel being configured to move laterally inward during adjustment of the first extension panel in an anterior direction and the second segment of the cervical panel being configured to move laterally inward during adjustment of the second extension panel in the anterior direction (Fig 5, segments of panel 26 are turned laterally inward and anteriorly upon tightening of the central panel 21).
With respect to claim 16, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 12) and Garth also discloses that the first segment is attached to the first extension panel member to allow for inward articulation in response to compression caused by the first extension panel member and the second segment is attached to the second extension panel member to allow for inward articulation in response to compression caused by the second extension panel member (Garth ‘698 Fig 5, segments of member 26 attached to the extension panels via the straps 28 passing through, this allows for articulation of the member 26 as a whole and the segments thereof as a result of compression from the extension panels).
With respect to claim 17, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 12) and Garth also discloses that the first extension panel member includes a channel positioned adjacent to a side periphery member of the central panel member, the channel is configured to mitigate lateral movement of the central panel member in response to angular movement by first extension panel member (Garth ‘698 Fig 4, slots between flaps 25 which allow for the device to conform to the user’s neck through aiding the device to bend, as the system is bent it is less likely to move laterally).
Claims 3-4, 8, 14, 18, 21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Garth ‘698 (US 5,230,698) in view of Polliack (US 2013/0324898) and further in view of Tweardy et al (US 5632722).
With respect to claim 3, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 1) but is silent on wherein the cervical collar back panel including both the attachment panel and the one or more cervical panels is constructed with both vertical symmetry and horizontal symmetry.
Tweardy et al teaches an analogous panel system with a cervical panel and central panel (Fig 2 internal/cervical panel 22, external/central panel 20) wherein the cervical collar back panel including both the attachment panel and the one or more cervical panels is constructed with both vertical symmetry and horizontal symmetry (col 5 l 65-col 6 l 5, symmetrical about the vertical axis).
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 system of Garth ‘698 in view of Polliack to be symmetrical in both vertical and horizontal directions as taught by Tweardy et al in order to better bend to the users (Tweardy et al col 3 lines 15-20).
With respect to claim 4, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 1) but is silent on wherein the first extension panel member includes a first female fastener and a first slot located at a distal region of the first extension panel member and the second extension panel member includes a second female fastener and a second slot located at a distal region of the second extension panel member (Garth ‘698 Fig 6, col 2 ll 55-60, shows extension panels with slots for straps 28, and what appear to be fasteners but is not detailed).
Tweardy et al further teaches an analogous neck orthosis having extension panels with a first female fastener and a first slot located at a distal region of the first extension panel member and the second extension panel member includes a second female fastener and a second slot located at a distal region of the second extension panel member (Fig 7, Fig 2, col 4 lines 20-35, fasteners 34, slots 68, straps 54).
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 strap connection of Garth ‘698 in view of Polliack to have the fasteners of Tweardy et al in order to allow for a reversible connection (Tweardy et al col 4 lines 20-35).
With respect to claim 8, Garth ‘698 in view of Polliack and further in view of Tweardy discloses the cervical collar back panel substantially as claimed (see rejection of claim 3) and Tweardy further teaches that the cervical collar back panel including both the attachment panel and the cervical panel is constructed with the vertical symmetry in accordance with a transverse axis of the attachment panel and the horizontal symmetry in accordance with a center axis of the attachment panel (Tweardy et al col 5 l 65-col 6 l 5, symmetrical about the vertical axis)(see 112a rejection above, limitation interpreted according to what is supported by the instant application). 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 system of Garth ‘698 in view of Polliack and further in view of Tweardy to be symmetrical as taught by Tweardy et al in order to better bend to the users (Tweardy et al col 3 ll 15-20).
With respect to claim 14, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 11) but is silent on wherein the first extension panel member includes a first female fastener and a first slot located at a distal region of the first extension panel member and the second extension panel member includes a second female fastener and a second slot located at a distal region of the second extension panel member (Garth ‘698 Fig 6, col 2 ll 55-60, shows extension panels with slots for straps 28, and what appear to be fasteners but is not detailed).
Tweardy et al further teaches an analogous neck orthosis having extension panels with a first female fastener and a first slot located at a distal region of the first extension panel member and the second extension panel member includes a second female fastener and a second slot located at a distal region of the second extension panel member (Fig 7, Fig 2, col 4 ll 20-35, fasteners 34, slots 68, straps 54).
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 strap connection of Garth ‘698 in view of Polliack to have the fasteners of Tweardy et al in order to allow for a reversible connection (Tweardy et al col 4 ll 20-35).
With respect to claim 18, Garth ‘698 in view of Polliack discloses the cervical collar back panel substantially as claimed (see rejection of claim 12) but is silent on both the attachment panel and the one or more cervical panels being constructed with both vertical symmetry and horizontal symmetry.
Tweardy et al teaches an analogous panel system with a cervical panel and central panel (Fig 2 internal/cervical panel 22, external/central panel 20) wherein the cervical collar back panel including both the attachment panel and the one or more cervical panels is constructed with both vertical symmetry and horizontal symmetry (col 5 l 65-col 6 l 5, symmetrical about the vertical axis).
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 system of Garth ‘698 in view of Polliack to be symmetrical in both vertical and horizontal directions as taught by Tweardy et al in order to better bend to the users (Tweardy et al col 3 lines 15-20).
With respect to claim 21, Garth ‘698 discloses a cervical collar, comprising: a front collar body (Fig 1, front body 22); and a cervical collar back panel coupled to the front collar body (Fig 1, back panel 21), the cervical collar back panel comprises an attachment panel including a central panel member, a first extension panel member and a second extension panel member (Fig 4, panel 21 interpreted to be divided into sections, with a central section being the central panel and the portions at either side where the straps 28 extend through being first and second extension panels), and a cervical panel including a first segment and a second segment (Fig 5, panel 26 with first/left and second/right segments).
Garth ‘698 does not, however, disclose that the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation.
Polliack, however, teaches an analogous panel system with a cervical panel and central panel (Fig 2 attachment panel 14 , central panel 24) wherein the cervical panel provides a symmetric architecture ([0047], symmetrical about the horizontal axis) wherein the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation (Polliack [0047], symmetrical about the horizontal axis). 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 system of Garth ‘698 so that the symmetric architecture comprises the first segment being oriented laterally from and in a mirrored configuration with the second segment so that the cervical collar back panel is wearable in a first orientation or a second orientation rotated one-hundred and eighty degrees from the first orientation, as taught by Polliack, in order to make it more easily donned (Polliack [0047]).
Garth ‘698 in view of Polliack does not, however, disclose the cervical collar back panel including both the attachment panel and the one or more cervical panels is constructed with both vertical symmetry and horizontal symmetry.
Tweardy et al teaches an analogous panel system with a cervical panel and central panel (Fig 2 internal/cervical panel 22, external/central panel 20) wherein the cervical collar back panel including both the attachment panel and the one or more cervical panels is constructed with both vertical symmetry and horizontal symmetry (col 5 l 65-col 6 l 5, symmetrical about the vertical axis).
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 system of Garth ‘698 in view of Polliack to be symmetrical in both vertical and horizontal directions as taught by Tweardy et al in order to better bend to the users (Tweardy et al col 3 lines 15-20).
With respect to claim 23, Garth ‘698 in view of Polliack and further in view of Tweardy discloses the cervical collar back panel substantially as claimed (see rejection of claim 21) and Tweardy further teaches that the cervical collar back panel including both the attachment panel and the cervical panel is constructed with the vertical symmetry in accordance with a transverse axis of the attachment panel and the horizontal symmetry in accordance with a center axis of the attachment panel (Tweardy et al col 5 l 65-col 6 l 5, symmetrical about the vertical axis)(see 112a rejection above, limitation interpreted according to what is supported by the instant application). 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 system of Garth ‘698 in view of Polliack and further in view of Tweardy to be symmetrical as taught by Tweardy et al in order to better bend to the users (Tweardy et al col 3 ll 15-20).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Garth ‘698 (US 5,230,698) in view of Polliack (US 2013/0324898) and Tweardy et al (US 5632722) and further in view of Calabrese (US 2005/0101896).
With respect to claim 5, Garth ‘698 in view of Polliack and further in view of Tweardy discloses the cervical collar back panel substantially as claimed (see rejection of claim 4) and Tweardy further teaches that the cervical collar back panel further comprises: a first strap attached to the first female fastener and residing along an anterior side of the first extension panel member (Tweardy Fig 2, straps 54 attached to fasteners 34), the first strap is configured to pass through the first slot to extend along a posterior side of the first extension panel member (Tweardy Fig 2, straps 54 through slot 68); and a second strap attached to the second female fastener and residing along an anterior side of the second extension panel member (Tweardy Fig 2, straps 54 attached to fasteners 34), the second strap is configured to pass through the second slot to extend along a posterior side of the second extension panel member (Tweardy Fig 2, straps 54 through slot 68). 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 strap connection of Garth ‘698 in view of Polliack to have the fasteners of Tweardy et al in order to allow for a reversible connection (Tweardy et al col 4 lines 20-35).
Garth ‘698 in view of Polliack and further in view of Tweardy is silent, however, on wherein the first segment is coupled to the anterior side of the first extension panel member using the first female fastener and the second segment is coupled to the anterior side of the second extension panel member using the second female fastener.
Calabrese teaches an analogous strap attachment to a neck support wherein the first segment is coupled to the anterior side of the first extension panel member using the first female fastener and the second segment is coupled to the anterior side of the second extension panel member using the second female fastener (Fig 4, Fig 5, straps 22 attached to neck support on either side via the fastener 32, the padding layer 12 also attached via the fasteners 32).
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 strap and cushion connections to the panel of Garth ‘698 in view of Polliack and further in view of Tweardy to be the same connective element as taught by Calabrese in order to decrease the number of fastening elements needed and thus making the system more lightweight (Calabrese [0004]).
With respect to claim 15, Garth ‘698 in view of Polliack and further in view of Tweardy discloses the cervical collar back panel substantially as claimed (see rejection of claim 14) and Tweardy further teaches a first strap attached to the first female fastener and residing along an anterior side of the first extension panel member (Tweardy Fig 2, straps 54 attached to fasteners 34), the first strap is configured to pass through the first slot to extend along a posterior side of the first extension panel member (Tweardy Fig 2, straps 54 through slot 68); and a second strap attached to the second female fastener and residing along an anterior side of the second extension panel member (Tweardy Fig 2, straps 54 attached to fasteners 34), the second strap is configured to pass through the second slot to extend along a posterior side of the second extension panel member (Tweardy Fig 2, straps 54 through slot 68). 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 strap connection of Garth ‘698 in view of Polliack and further in view of Tweardy to have the fasteners of Tweardy et al in order to allow for a reversible connection (Tweardy et al col 4 lines 20-35).
Garth ‘698 in view of Polliack and further in view of Tweardy is silent, however, on wherein the first segment is coupled to the anterior side of the first extension panel member using the first female fastener and the second segment is coupled to the anterior side of the second extension panel member using the second female fastener.
Calabrese teaches an analogous strap attachment to a neck support wherein the first segment is coupled to the anterior side of the first extension panel member using the first female fastener and the second segment is coupled to the anterior side of the second extension panel member using the second female fastener (Fig 4, Fig 5, straps 22 attached to neck support on either side via the fastener 32, the padding layer 12 also attached via the fasteners 32).
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 strap and cushion connections to the panel of Garth ‘698 in view of Polliack and further in view of Tweardy to be the same connective element as taught by Calabrese in order to decrease the number of fastening elements needed and thus making the system more lightweight (Calabrese [0004]).
Allowable Subject Matter
As previously indicated in the Final Rejection dated 10/17/25, Claims 2, 19 and 22 are 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.
Response to Amendments/Arguments
Applicant’s amendments and arguments filed 2/10/26 have been fully considered as follows:
Regarding the claim rejections under 35 USC 112, Applicant’s amendments in combination with the arguments on pages 9-11 of the Remarks have been fully considered and are sufficient to overcome the rejections which, accordingly, have been withdrawn.
Regarding the claim rejections under 35 USC 102 and 35 USC 103, Applicant’s arguments on pages 11-13 have been fully considered but are rendered moot in view of the new grounds of rejection presented above which were necessitated by Applicant’s amendments to the claims.
Conclusion
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/CAITLIN A CARREIRO/Primary Examiner, Art Unit 3786
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