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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, a second part of the hook and loop fastener on the second cushion, the second part of the hook and loop fastener on the second cushion being releasably attachable to the first part of the hook and loop fastener on the first cushion to releasably attach the second cushion on the first cushion of claim 28 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The spacing of the lines of the specification is such as to make reading difficult. New application papers with lines 1 1/2 or double spaced (see 37 CFR 1.52(b)(2)) on good quality paper are required.
The abstract of the disclosure is objected to because it is single spaced. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 9 is objected to because of the following informalities: Claim 9 is objected to because of the following informalities: Per MPEP 608.01(m) each claim ends with a period and periods may not be used elsewhere in the claims except for abbreviations. Claim 9, line 4 has an impermissible period before the end of the claim.
Claim 23 is objected to because of the following informalities: Per MPEP 608.01(m) each claim ends with a period and periods may not be used elsewhere in the claims except for abbreviations. Claim 23, line 1 has an impermissible period before the end of the claim.
Claim 26 is objected to because of the following informalities: Per MPEP 608.01(m) each claim ends with a period and periods may not be used elsewhere in the claims except for abbreviations. Claim 26, line 11 has an impermissible period before the end of the claim.
Claims 26-26 are objected to because of the following informalities: Claims 26-28 are each single spaced in part. The claims are objected to because the lines are crowded too closely together, making reading difficult. Substitute claims with lines one and one-half or double spaced on good quality paper are required. See 37 CFR 1.52(b).
Claim 28 is objected to because of the following informalities: It appears that “whereby the first cushion and the attached second cushion are configured to be wrapped around a body portion and secure by the strap wrapped around the body portion” should recite -- whereby the first cushion and the attached second cushion are configured to be wrapped around a body portion and secured by the strap wrapped around the body portion--.
Appropriate correction is required.
Response to Amendment
The amendment to the claims filed on 11/03/2025 has been entered. In the amendment, claims 1-7 has been cancelled. Claims 8, 10, 12, 16 and 18-20 have been amended. Claims 21-28 have been added. Claims 8-28 are currently pending.
The cancellation of claim 6 overcomes the drawing objection with regard to that claim.
The cancellation of claims 1 and 7 renders moot the objections to those claims.
The cancellation of claim 1 renders moot the 112b rejection with regard to that claim.
The cancellation of claim 2 renders moot the 112b rejection with regard to that claim.
The cancellation of claim 3 renders moot the 112b rejection with regard to that claim.
The cancellation of claim 4 renders moot the 112b rejection with regard to that claim.
The cancellation of claim 5 renders moot the 112b rejection with regard to that claim.
The cancellation of claim 7 renders moot the 112b rejection with regard to that claim.
The amendment to claim 16 overcomes the 112b rejection with regard to that claim.
The amendment to claim 18 overcomes the 112b rejection with regard to that claim.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 8-28 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 8 recites at lines 5-6, “the second surface wrapped around and engaging the body part and the first surface being directed away from the body part” which positively claims the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --the second surface is configured to be wrapped around and engaging the body part and the first surface is configured to be directed away from the body part--.
As claims 9-20 depend from claim 8 they are rejected for at least the same reason as claim 8.
Claim 19 recites at lines 6-7, “the second surface of the second cushion wrapped around and engaging the body part and the first surface of the second cushion being directed away from the body part” which positively claims the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --the second surface of the second cushion configured to be wrapped around and engaging the body part and the first surface of the second cushion configured to be directed away from the body part --.
As claim 20 depends from claim 19, it is rejected for at least the same reason as claim 19.
Claim 21 recites at lines 19-20 “the plurality of straps is releasably attachable to the pillow to hold the pillow conformed around the body portion of the human body” which positively claims the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --the plurality of straps is releasably attachable to the pillow to be configured to hold the pillow conformed around the body portion of the human body--.
As claims 22-25 depend from claim 21, they are rejected for at least the same reasons as claim 21.
Claim 26 recites at lines 5-7, “the second surface of the cushion wrapped around and engaging the body portion, and the first surface of the cushion being directed away from the body portion” which positively claims the human body. Language such as “configured to “ or “adapted for” is recommend to positively avoid claiming human body parts. For example, the claim could be amended to recite --the second surface of the cushion configured to be wrapped around and engaging the body part and the first surface of the cushion configured to be directed away from the body portion --.
As claims 27-28 depend from claim 26, they are rejected for at least the same reasons.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 21-28 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 recites the limitation “giving the pillow a configuration of a flat flexible sheet” in line 14. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --giving the first and second flexible sheets of the pillow a flat configuration --.
As claims 22-25 depend from claim 21, they are rejected for at least the same reason as claim 21.
Claim 22 recites the limitation “the cushion” in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –the pillow--.
Claim 22 recites the limitation “on a body portion of a human body” in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –on the body portion of the human body--.
Claim 22 recites the limitation “secured on the body portion by a strap of the plurality of straps” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –secured on the body portion by the at least one strap of the plurality of straps--.
As claim 23 depends from claim 22, it is rejected for at least the same reason as claim 22.
Claim 23 recites the limitation “the cushion” in line 3 and line 4. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –the pillow--.
Claim 24 recites the limitation “around a body portion of a human body” in lines 6. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –around the body portion of the human body--.
Claim 24 recites the limitation “secured around the body portion by a strap of the plurality of straps” in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –secured around the body portion by the at least one strap of the plurality of straps--.
As claim 25 depends from claim 24, it is rejected for at least the same reason as claim 24.
Claim 25 recites the limitation “first the cushion” and “the second cushion” in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --the first pillow-- and --the second pillow--.
Claim 26 recites the limitation "The cushioning system" in line 1. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --A cushioning system--.
As claims 27-28 depend from claim 26, they are rejected for at least the same reason as claim 26.
Claim 28 recites the limitation “a body portion” in line 8. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –the body portion--.
Claim 28 recites the limitation “a second part of the hook and loop fastener on the second cushion”. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –a second part of a hook and loop fastener on the second cushion--.
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.
Claim(s) 8-9, 14-15, 19-28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lowden (US 2015/0173936).
Regarding claim 8, Lowden discloses a cushioning system (Fig. 1, [0013]) comprising: a cushion (15, 13), the cushion having a first surface on a first side of the cushion and a second surface on a second side of the cushion that is opposite the first side of the cushion (annotated Fig. 3 below),
PNG
media_image1.png
875
1070
media_image1.png
Greyscale
the cushion being flexible and configured for wrapping around a body part of a person ([0015], Fig. 2, the cushion is soft and resilient cushion is thus configured for wrapping around a body part [arm] and as the strap is tighter it would follow that the cushion would wrap around a body part of a person as seen in Fig. 2; [0017]) with the second surface (115) wrapped around and engaging the body part (Fig. 3, [0015], see description above regarding wrapping around a body part) and the first surface being directed away from the body part ([0016]; NOTE: for example, when the cushion is wrapped around and engaging a side of arm [Fig. 2]; it is moving away from another portion of the arm; capable of intended use); a strap (21) ([0019], see turning point 217 of strap 21), the strap being separate from the cushion (Fig. 2, Fig. 3, it is a separate element), the strap being releasably attachable on the first surface of the cushion (annotated Fig. 3, [0019], a turning point of belt 21[strap] is anchored with VELCRO to the cushion and is thus releasably attachable).
Regarding claim 9, Lowden discloses the invention as described above with regard to claim 8.
Lowden further discloses the strap having a length (inherent), the length of the strap having first and second opposite end portions separated by an intermediate portion of the length of the strap (annotated Fig. 3 with regard to the claim 1 rejection); and. the first and second opposite end portions of the length of the strap being releasably attachable on the first surface of the cushion ([0018]; [0019]; see sections of VELCRO on the outer surface of the cushions 15, 13 at 215, 213, 225 where the strap portions are releasably attached and the straps are attached via the buckle and are on the first surface of the cushion and are thus releasably attached on the first surface of the cushion) and the intermediate portion of the length of the strap not being releasably attachable to the cushion (See annotated Fig. 3 above with regard to claim 8, for the reason that the intermediate portion is not on the cushion and does not attach to the VELCRO it is not releasably attachable to the cushion).
Regarding claim 14, Lowden discloses the invention as described above with regard to claim 8.
Lowden further discloses a first part of a hook and loop fastener on the first surface of the cushion ([0018], [0019], belt 21 extends around the second major surface 215 wherein it is attached by VELCRO thus there is a first part of the hook and loop fastener on the first surface of the cushion); and a second part of the hook and loop fastener on the strap (Fig. 3 [0018], [0019], as the strap is attached by VELCRO it is implied that it has the second part of the hook and loop fastener), the second part of the hook and loop fastener being releasably attachable to the first part of the hook and loop faster to releasably attach the strap on the first surface of the cushion ([0018], [0019], capable of intended use).
Regarding claim 15, Lowden discloses the invention as described above with regard to claim 14.
Lowden further discloses the strap having a length (inherent) with opposite end portions separate by an intermediate portion of the length of the strap (see annotated Fig. 3 above with regard to claim 8 showing a first end portion of the strap and a second end portion separated by an intermediate portion); and the second part of the hook and loop fastener being on the opposite end portions of the length of the strap (as the opposite end portions of the strap are attached to the cushion at opposite end portions as shown in annotated Fig. 3 via VELCRO, the second part of the hook and loop fastener is on the opposite end portions of the length of the strap) and not on the intermediate portion of the length of the strap (annotated Fig. 3 above with regard to claim 8).
Regarding claim 19, Lowden discloses the invention as described above with regard to claim 14.
Lowden further discloses the cushion being a first cushion (15); a second cushion (13), the second cushion having a first surface on a first side of the second cushion and a second surface on a second side of the second cushion (see annotated Fig. 3 above with regard to the rejection to claim 8), the second cushion being flexible and configured for wrapping around a body part of a person ([0015], Fig. 2, the cushion is soft and resilient cushion is thus configured for wrapping around a body part and as the strap is tighter it would follow that the cushion would wrap around a body part of a person as seen in Fig. 2) with the second surface (113) of the second cushion wrapped around and engaging the body part ((Fig. 3, [0015], see description above regarding wrapping around a body part) and the first surface of the second cushion being directed away from the body part ([0016]; NOTE: for example, when the cushion is wrapped around an engaging a side of arm [Fig. 2] it is moving away from another portion of the arm; capable of intended use), the second cushion being separate from the first cushion (Fig. 3, the cushions are separated in part at the hinge 31 and are thus two separate cushions); the first part of the hook and loop fastener being on the first surface of the second cushion ([0018], there is VELCRO on the first surface of the second cushion 13, see annotated Fig. 3 above with regard to claim 8); and the second part of the hook and loop fastener on the strap being releasably attachable to the first part of the hook and loop fastener on the second cushion to releasably attach the strap on the first surface of the second cushion (annotated Fig. 3 above with regard to claim 8; [0018], a portion of the front side of the belt 21 contacts a second major surface 213 of body cushion 13 and is held in place by VELCRO strip is at the forward end of the cushion 13 is thus releasably attachable to hook and loop on the strap).
Regarding claim 20, Lowden discloses the invention as described above with regard to claim 19.
Lowden further discloses the second part of the hook and loop system on the strap being releasably attachable to the first part of the hook and loop fastener on the first surface of the first cushion (annotated Fig. 3 above with regard to the claim 8 rejection, [0019], VELCRO at the turning point is on the first cushion 15) and to the first surface of the second cushion (annotated Fig. 3 above, [0019], the turning point 217 of the belt is anchored with VELCRO) to releasably attach the first cushion to the second cushion (capable of intended use, [0019]).
Regarding claim 21, Lowden discloses an orthopedic support cushion system (Fig. 1; [0013], upper extremity immobilizer) comprising: a pillow (13) comprised of a first sheet of flexible material and a second sheet of flexible material (annotated Fig. 3 below, [0016], woven fabric encasing a foam pad forms a first sheet and a second sheet and fabric has some level of flexibility; Applicant’s specification at [0029 indicates the flexible material is a cloth and woven fabric is a cloth and is thus an equivalent to the material disclosed in the spec);
PNG
media_image2.png
750
902
media_image2.png
Greyscale
the first sheet having first and second side edges at opposite sides of the first sheet (annotated Fig. 3 shows one of the side edges and the other side edge that would oppose it is not seen) and the first sheet having first and second end edges at opposite ends of the first sheet (annotated Fig. 3); the second sheet having first and second side edges at opposite sides of the second sheet (annotated Fig. 3 shows one of the side edges and the other side edge that would oppose it is not seen) and the second sheet having first and second end edges at opposite ends of the second sheet (annotated Fig. 3); the first and second side edges of the first sheet are connected to the first and second side edges of the second sheet and the first and second end edges of the first sheet are connected to the first and second end edges of the second sheet (annotated Fig 3, all the edges are connected) with the first sheet and the second sheet on opposite sides of the pillow (annotated Fig. 3) giving the pillow a configuration of a flat, flexible sheet (annotated Fig. 3 shows the sheets are each flat in cross section and make a flat flexible sheet); and a plurality of straps (23, 21) ([0018]) of different lengths (as seen in annotated Fig. 3, straps 23 and 21 are of different lengths) each strap of the plurality of straps being releasably attachable to at least one of the first sheet and the second sheet ([0018], strap 21 is attached to the first sheet at 213; [0018], strap 23 is attached to the first sheet at 221) where a flexibility of the pillow configures the pillow to conform around a body portion of a human body (0015], Fig. 2, the cushion is soft and resilient and is thus configured for wrapping around a body part and as the strap is tighter it would follow that the cushion would wrap around a body part of a person as seen in Fig. 2; [0017]) and at least one strap (21) of the plurality of straps is releasably attachable to the pillow ([0017]-[0019], strap 21 attached to pillow by VELCRO and are thus releasably attachable to the pillow) to hold the pillow conformed around the body portion of the human body (Fig. 2, [0017]-[0019]; capable of intended use).
Regarding claim 22, Lowden discloses the invention as described above with regard to claim 21.
Lowden further discloses the cushion being configured to be manually transportable on a body portion of a human body (capable of intended use e.g. the patient can be manually transported when the system is wrapped around the body portion and secured with the strap) when wrapped around the body portion (see description above with regard to claim 21) and secured on the body portion by a strap of the plurality of straps (see description with regard to claim 21 pertaining to the at least one strap).
Regarding claim 23, Lowden discloses the invention as described above with regard to claim 22.
Lowden further discloses the cushion being configured to be removable from the body portion of the human body by removing the strap and unwrapping the cushion from the body portion ([0017]; [0018]; Fig. 2, capable of intended use; NOTE: as the cushion is wrapped around the body [see claim 21 explanation above] and secured with straps attached with VELCRO [see claim 21 explanation above] it is capable of being unwrapped and the straps are capable of being removed as they are attached with VELCRO).
Regarding claim 24, Lowden discloses the invention as described above with regard to claim 21.
Lowden further discloses the pillow being a first pillow (13); a second pillow (15) constructed as the first pillow ([0016]; [0017]; both cushions are the same size and are made of the same material); the first pillow and the second pillow being removably attachable ([0018]-[0019], the first and second pillow are attached by a VELCRO hinge and thus are removably attached and are attached with removable straps 21 and 23, additionally) and the removably attached first pillow and second pillow being configured to wrap around and conform around a body portion of a human body ([0015], Fig. 2, the soft and resilient cushion is configured for wrapping around a body part and as the strap is tighter it would follow that the cushion would wrap around a body part of a person as seen in Fig. 2) and being configured to be secured around the body portion by a strap (23) of the plurality of straps wrapped around the attached first pillow and second pillow (Fig. 3 shows strap 23 wrapped around the attached first pillow and second pillow).
Regarding claim 25, Lowden discloses the invention as described above with regard to claim 24.
Lowden further discloses a combination of the first cushion, the second cushion and the plurality of straps making up the orthopedic support cushion system (Lowden discloses the first and second cushion as explained with regard to claim 24 above and Lowden discloses the plurality of straps as explained above with regard to claim 21, thus the limitation is met).
Regarding claim 26, Lowden discloses the cushioning system (Fig. 1, [0013]) comprising: a cushion (15), the cushion having a first surface on a first side of the cushion and a second surface on a second side of the cushion that is opposite the first side of the cushion (annotated Fig. 3 above with regard to the claim 8 rejection), the cushion being flexible and configured for wrapping around a body portion of a human body ([0015], Fig. 2, the cushion is soft and is thus configured for wrapping around a body part [arm] and as the strap is tighter it would follow that the cushion would wrap around a body part of a person as seen in Fig. 2) with the second surface (115) of the cushion wrapped around and engaging the body portion (Fig. 3, [0015], see description above regarding wrapping around a body part), and the first surface of the cushion being directed away from the body portion ([0016], NOTE: for example, when the cushion is wrapped around an engaging a side of arm it is moving away from another portion of the arm; capable of intended use); a strap (21), the strap being separate from the cushion (Fig. 3), the strap being releasably attachable on the first surface of the cushion (([0019], a turning point 217 of belt 21[strap] is anchored with VELCRO to the cushion and is thus releasably attachable); a first part of a hook and loop fastener on the first surface of the cushion ([0019], belt 21 is attached by VELCRO at turning point 217 thus there is a first part of a hook and loop fastener on the first surface of the cushion); and.a second part of the hook and loop fastener on the strap (Fig. 3 [0019], as the strap is attached by VELCRO it is implied that it has the second part of the hook and loop fastener), the second part of the hook and loop fastener being releasably attachable to the first part of the hook and loop fastener ([0019], capable of intended use) to releasably attach the strap on the first surface of the cushion (capable of intended use; annotated Fig. 3 above with regard to claim 8 shows first surface of cushion 15) whereby the strap is configured to be applied around the cushion (Fig .2, Fig. 3; [0019]) wrapped around a body portion (see above description for this claim of the cushion wrapped around a body portion) and secure the cushion wrapped around the body portion with the first part of the hook and loop fastener on the cushion ([0019]; see above description for this claim regarding first part of hook and loop fastener on the cushion) and the second part of the hook and loop fastener on the strap ([0019], see above description for this claim regarding second part of hook and loop fastener on the strap).
Regarding claim 27, Lowden discloses the invention as described above with regard to claim 26.
Lowden further discloses the cushion being configured to be transportable on the body portion (e.g. the patient can be manually transported when the system is wrapped around the body portion and secured with the strap) when wrapped on the body portion (see description above with regard to claim 26; capable of intended use) and secured on the body portion by the strap (see description above with regard to claim 26; capable of intended use)
Regarding claim 28, Lowden discloses the invention as described above with regard to claim 26.
Lowden further discloses the cushion being a first cushion (15); and a second cushion (13), a second part of the hook and loop fastener on the second cushion (Fig. 3, NOTE: strap 21 on cushion 13 has a second part of hook and loop fastener), the second part of the hook and loop fastener on the second cushion being releasably attachable to the first part of the hook and loop fastener on the first cushion 15 (NOTE: the strap 21 on the second cushion having the second part of hook and loop fastener is releasably attached to the first part of the hook and loop fastener on the first cushion at 217 as seen in annotated Fig. 3) to releasably attach the second cushion on the first cushion (capable of intended use; the second cushion is on the first cushion and as seen in Fig. 3 as a part of it is on the first cushion at the hinge 31; [0018]-[0019], as the straps have VELCRO they are releasably attached to the cushion and thus the first cushion is releasably attached to the second cushion) whereby the first cushion and the attached second cushion are configured to be wrapped around a body portion (Fig. 2; Fig. 3, [0015], see description above regarding wrapping around a body part above with regard to claim 26) and secure by the strap wrapped around the body portion (Fig. 2, Fig. 3 show the strapped wrapped around the body portion [arm]; capable of intended use).
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.
Claim(s) 10-13 and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lowden 2015/0173936) in view of Golden (US 2011/0155148).
Regarding claim 10, Lowden discloses the invention as described above with regard to claim 8.
Lowden further discloses the strap being a first strap (21).
Lowden does not disclose a second strap, the second strap being separate from the cushion and separate from the first strap, the second strap being releasably attachable on the first surface of the cushion and not being releasably attachable on the second surface of the cushion.
Golden teaches an analogous cushioning system (22, 36) ([0066], the arm support can including padding and is thus an analogous cushioning system) and an analogous cushion (22, 36) having an analogous first surface on an analogous first side of the cushion and an analogous second surface on an analogous second surface of the cushion (Fig. 2, outside surface of 22 is considered an analogous first surface as seen in annotated Fig. 2 below), the cushion for wrapping around a body part (Fig. 2), an analogous first strap (26) ([0073], Fig.1, body strap 26 is analogous to the first strap in that it is a torso strap) being separate from the cushion (Fig. 1), a second strap (38, upper arm strap 28, [0066]), the second strap being separate from the cushion and separate from the first strap (Fig. 1, Fig. 2), the second strap being releasably attachable on the first surface of the cushion and not being releasably attachable on the second surface of the cushion ([0066], Fig. 5, see how upper arm strap 38 makes contact with the outside first surface and it is releasably attachable but it does not make contact with the second interior surface thus it is releasably attachable on the first surface and not releasably attachable on the second surface of the cushion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the cushioning system of Lowden is further comprising a second strap, the second strap being separate from the cushion and separate from the first strap, the second strap being releasably attachable on the first surface of the cushion and not being releasably attachable on the second surface of the cushion, as taught by Golden in order to provide an improved cushioning system that facilitates maintaining the arm within the cushion (Golden, [0066]).
Regarding claim 11, Lowden in view of Golden discloses the invention as described above with regard to claim 10.
Lowden further discloses the cushion having an interior volume between the first surface and the second surface of the cushion ([0017], the woven fabric encasing foam is encasing an interior volume between the first and second surface of the cushion); and the interior volume of the cushion being filled with a soft material ([0017], the interior volume of the cushion is filled with foam which is a soft material).
Regarding claim 12, Lowden in view of Golden discloses the invention as described above with regard to claim 10.
Golden further teaches a third strap (38) ([0036], strap on lower arm near the elbow), the third strap being separate from the cushion and separate from the first strap and the second strap (Fig. 1, Fig. 2), the third strap being releasably attachable on the first surface of the cushion and not being releasably attachable on the second surface of the cushion ([0066], Fig. 5, see how lower arm strap 38 makes contact with the outside first surface and it is releasably attachable but it does not make contact with the second interior surface thus it is releasably attachable on the first surface and not releasably attachable on the second surface of the cushion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the cushioning system of Lowden is further comprising a third strap, the third strap being separate from the cushion and separate from the first strap and the second strap, the third strap being releasably attachable on the first surface of the cushion and not being releasably attachable on the second surface of the cushion, as taught by Golden in order to provide an improved cushioning system that facilitates maintaining the arm within the cushion (Golden, [0066]).
Regarding claim 13, Lowden in view of Golden discloses the invention as described above with regard to claim 12.
Lowden further discloses the cushion being a first cushion (13); a second cushion (15), the second cushion being separate from the first cushion (Fig. 3 shows the first cushion is separate from the second cushions in that they are separate elements) and separate from the first strap (Fig. 2, shows the first strap 21 is a separate element from the second cushion 15), the second strap and the third strap (In the combination, Golden teaches the straps 38 are taught to wrap around the outside of the cushioning system and are separate from the cushioning system in that they are separate elements), the second cushion being releasably attachable to the first cushion ([0018], as the second cushion is attached to the first cushion via a VELCRO hinge it follows that it is releasably attached to the first cushion as VELCRO is releasable), the first strap (Lowden, [0018], Lowden discloses the first strap is releasably attached to the first and second cushions by VELCRO and a latch), the second strap, and the third strap (Goldman, [0066], In the combination, Golden teaches the straps 38 are taught to releasable wrap around the outside of the cushion and thus the second cushion is releasable attached to the second strap and the third strap).
Regarding claim 16, Lowden discloses the invention as described above with regard to claim 15.
Lowden further discloses the strap being a first strap (21).
Lowden does not disclose a second strap, the second strap being separate from the cushion and separate from the first strap; and a second part of the hook and loop fastener being on the second strap, the second part of the hook and loop fastener on the second strap being releasably attachable to the first part of the hook and loop fastener to releasably attach the second strap on the first surface of the cushion.
Golden teaches an analogous cushioning system (22, 36) ([0066], the arm support can including padding and is thus an analogous cushioning system) and an analogous cushion (22, 36) having an analogous first surface on an analogous first side of the cushion and an analogous second surface on an analogous second surface of the cushion (Fig. 2, outside surface of 22 is considered an analogous first surface as seen in annotated Fig. 2 below), the cushion for wrapping around a body part (Fig. 2), an analogous first strap (26) ([0073], Fig.1, body strap 26 is analogous to the first strap in that it is a torso strap) being separate from the cushion (Fig. 1), a second strap (38, upper arm strap 28, [0066]), the second strap being separate from the cushion and separate from the first strap (Fig. 1, Fig. 2, separate strap elements); and a second part of the hook and loop fastener being on the second strap ([0066], one end of the strap may be permanently attached to the arm support with the other removably attached and removable attachment is discloses as for example by hook and loop), the second part of the hook and loop fastener on the second strap being releasably attachable to the first part of the hook and loop fastener to releasably attach the second strap on the first surface of the cushion ([0066], the straps wrap around the first surface and in one example are disclosed as permanently attached at one end and removably attached to the arm support with the other end by for example, hook and loop, thus the second strap is releasably attachable to the first part of the hook and loop fastener to releasably attach the second strap on the first surface of the cushion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the cushioning system of Lowden is further comprising a second strap, the second strap being separate from the cushion and separate from the first strap; and a second part of the hook and loop fastener being on the second strap, the second part of the hook and loop fastener on the second strap being releasably attachable to the first part of the hook and loop fastener to releasably attach the second strap on the first surface of the cushion, as taught by Golden, in order to provide an improved cushioning system that that facilitates maintaining the arm within the cushion (Golden, [0066]).
Regarding claim 17, Lowden in view of Golden discloses the invention as described above with regard to claim 16.
The combination further discloses the first strap having a first length (Lowden discloses the first strap wraps around the torso and the arm as seen in Fig. 1 and is thus the longest); the second strap having a second length (Golden at [0066] teaches the second strap is a large strap around the upper arm); and the first length and the second length being different lengths (NOTE: as the first strap wraps around the torso and the second strap wraps around the arm it follows that they are different lengths).
Regarding claim 18, Lowden in view of Golden discloses the invention as described above with regard to claim 16.
Golden further teaches a third strap (38), the third strap being separate from the cushion and separate from the first strap and the second strap (Fig. 1, Fig. 2); and a second part of the hook and loop fastener being on the third strap ([0066], one end of the strap may be permanently attached to the arm support with the other removably attached and removable attachment is disclosed as for example by hook and loop), the second part of the hook and loop fastener on the third strap being releasably attachable to the first part of the hook and loop fastener on the first surface of the cushion to releasably attach the third strap on the first surface of the cushion ([0066], the straps wrap around the first surface and in one example are disclosed as permanently attached at one end and removably attached to the arm support with the other end by which removable attachment is discloses as for example, hook and loop, thus the third strap is releasably attachable to the first part of the hook and loop fastener to releasably attach the third strap on the first surface of the cushion).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the cushioning system of Lowden is further comprising a third strap, the third strap being separate from the cushion and separate from the first strap and the second strap, and a second part of the hook and loop fastener being on the third strap, the second part of the hook and loop fastener on the third strap being releasably attachable to the first part of the hook and loop fastener on the first surface of the cushion to releasably attach the third strap on the first surface of the cushion as taught by Golden in order to provide an improved cushioning system that facilitates maintaining the arm within the cushion (Golden, [0066]).
Conclusion
THIS ACTION IS MADE FINAL. 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 GINA MCCARTHY whose telephone number is (408)918-7594. The examiner can normally be reached Monday - Friday, 7:00-3:30 PT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 571-270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/G.M./ Examiner, Art Unit 3786
/ALIREZA NIA/ Supervisory Patent Examiner, Art Unit 3786