DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/7/2026 has been entered.
Status of Claims
Claim(s) 1, 3, 6, 11, 13, 16, 23-24, 27-31 is/are pending of which Claim(s) 1 and 11 is/are presented in independent form. Claims 1, 11, 23, 27 have amended. Claims 2, 4-5, 7-10, 12, 14-15, 17-22, 25-26 have been cancelled. Claims 29-31 newly added.
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 6, 11, 13, 16, 23-24, 27-31 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The Baune reference stays the primary invention; however, a new reference Bratic has been provided to be combined with Baune for providing the automatic management system language as amended. Examiner disagrees with the assertion in the Remarks that Baune does not disclose a sensing device, actuation device configured at least in part on such sensing data therein (Baune Col. 4 lines 15-25 and 26-50, scale 72 is a sensing device for sensing the amount of traction applied to the user based on the weight sensed, such data would be related to the coupling apparatus being the harness 60 and supporting apparatus being the chair as its detecting the interactions between these apparatus and the user and the actuation between the two thereof). See updated rejection below.
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 1, 3, 6, 23, 24, 29, 31 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 1 recites “a memory configured to store data associated with the sensing device” and “a sensing device configured to sense data” wherein it is unclear if the data in each of the recitations is the same or different data as recited. For interpretation purposes, “sense data” and “data associated with the sensing device” will be interpreted to be the same data.
Claims 3, 6, 23, 24, 29, 31 rejected as being dependent on claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, 3, 6, 11, 13, 16, 23-24, 27-31 is/are rejected under 35 U.S.C. 103 as being unpatentable over Baune (US 7097628 B1) in view of Watt (US 5123427 A) in view of Bratic (US 10932981 B2).
Regarding claim 1, Baune discloses a system for applying therapy to a human body, the system (Fig 1) comprising:
a chair back (Fig 1, chair back 22);
a coupling apparatus configured to couple the chair back, at a coupling region on the chain back, to an upper body portion of a user (Fig 1, coupling apparatus is harness 60 and attachment system to backrest 50, wherein as seen in Fig 1 the harness 60 is attached/coupled at a region of the chair back being a coupling region),
the coupling apparatus including a support coupling structure positioned on a front surface of the chair back (col 3 lines 5-10, attachment system connecting harness 60 to backrest 50), … the user coupling structure being configured to secure the upper body portion of the user (Fig 1, coupling structure 60);
a supporting apparatus comprising a chair seat configured to seat a lower body portion of the user (Fig 1, supporting apparatus seat 30); the supporting apparatus being configured to support a partial amount of a weight of the user and the chair back being configured to support a remaining amount of the weight of the user when the lower body portion of the user is seated on the chair seat and the upper body portion of the user is coupled to the chair back (Fig 7b, user shown supported by both the seat 30 and back 22),
a therapy management apparatus (Col. 3 lines 1-15 and Col. 4 lines 26-50, control unit 70 being a therapy management apparatus) comprising
a sensing device configured to sense data related to one or both of the coupling apparatus and the supporting apparatus (Col. 4 lines 15-25 and 26-50, scale 72 is a sensing device for sensing the amount of traction applied to the user based on the weight sensed, such data would be related to the coupling apparatus being the harness 60 and supporting apparatus being the chair as its detecting the interactions between these apparatus and the user),
an actuation device (Baune Col 3 lines 50-55, actuator 40 being a hydraulic cylinder) configured to raise or lower the chair seat relative to the coupling region on the chair back (Col. 3 lines 50-55 and Fig. 7a-7c, actuator 40 raises and lowers the chair/seat 30 relative to the coupling region on the chair back, coupling region being where the harness 60 is attached to the chair back 22/50) based, at least in part, on the sensed data from the sensing device (Col. 3 lines 60-67, the scale 72 sends its data to the control unit 70 for display therein, Col. 4 lines 29-50, the user may control the actuator 40 therein, wherein the user controlling will be informed of the data from the scale and thus adjust the actuator as desired), thereby enabling adjustment of weight distribution between the partial amount and the remaining amount when the lower body portion of the user is seated on the chair seat and the upper body portion of the user is coupled to the coupling region on the chair back (Fig 7, weight distribution is adjustable as the harness 60 is adjustable in location on the user and the seat 30 is adjustable in height relative to the harness 60),
therapy management circuitry (Col. 4 lines 45-50, control unit 70 comprises a programmable electronic device implicitly having circuitry for managing the therapy applied by the device),
controller circuitry including: input/output circuitry configured to provide wired and/or wireless communication functionality for the therapy management apparatus (Col. 4 lines 29-50, there is a keypad 73 (input) and display 71 (output) in electronic communication (wired communication) with the control unit 70 for functionality, thus being controller circuitry for controlling/managing the therapy management circuitry).
Baune is silent on a user coupling structure detachably coupled to the support coupling structure.
Watt teaches an analogous seated user support with an analogous user coupling structure detachably coupled to the support coupling structure (Fig 2, coupling structure 26, detachable connection 44,68).
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 attachment of the harness to the seat of Baune to be Velcro as taught by Watt in order to ensure the connection is strong but quickly separable upon an emergency (Watt col 3 lines 15-25).
Baune is silent on the therapy management circuitry being configured to automate control of the actuation device based on the sensed data from the sensing device, and
controller circuitry including:
a processor configured to perform operations of the therapy management circuitry;
a memory configured to store data associated with the sensing device, the actuation device, and/or the therapy management circuitry.
However, Bratic teaches an analogous decompression/distraction traction device (title, Fig. 1-4) having an analogous actuator 44 (Fig. 1-4) for causing a force that applies decompression between a lower half of the body and the upper half of the body (Fig. 1-4 and Col. 4 lines 25-67 and Col. 6 lines 57-62) comprising an analogous sensor for sensing the user in relation to the apparatus (Col. 6 lines 19-26, measurement means 20) and thus adjust the distraction applied by the actuators therein based on what is sensed (Col. 6 lines 26-31), thus the analogous traction device comprises an analogous electronic control system (Col. 6 lines 26-31, analogous to the control unit of Baune being analogous therapy management circuitry) that is configured to automate control of the actuation device 44 based on the sensed data from the sensing device 20 (Col. 6 lines 11-39), and
controller circuitry including:
a processor configured to perform operations of the therapy management circuitry (Col. 6 lines 3-18, the electronic control system 18 implicitly has a processor being an electronic unit that is configured to perform operations of the therapy management circuitry being related to operating the actuator 40);
a memory configured to store data associated with the sensing device, the actuation device, and/or the therapy management circuitry (Col. 6 lines 19-26 and 40-47, the measurements/data taken from the measurements means 20 being a sensing device wherein the data is also thus correlated with the data related to the actuators and applied therapy therein, is stored in a recording means 22 being a memory).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have further automated the invention of Baune by providing the corresponding circuitry/processor/memory as taught by Bratic in order to provide an improved traction device by being able to automatically perform therapy based on the movement responses of the user and thus store the related data for use by doctor’s to improve the therapy being applied (Bratic Col. 6 lines 2-48),
wherein it has been held by MPEP 2144(III) which recites “In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined "old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed." The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.)” such that this is simply providing automation to the manual inputs of Baune therein.
With respect to claim 3, Baune/Watt/Bratic discloses the system of claim 1.
Baune further discloses wherein the coupling apparatus is selected from the group comprising a vest, a belt, a harness, one or more straps, a hook portion and/or a loop portion of a hook and loop assembly, and/or a combination thereof (Baune Fig 1, harness 60).
With respect to claim 6, Baune/Watt/Bratic discloses the system of claim 1.
Baune further discloses wherein the coupling apparatus and the supporting apparatus are configured to facilitate applying traction to at least a portion of a spine of the user (Baune Col 1 lines 10-15, traction).
With respect to claim 11, Baune discloses A method for applying therapy to a human body, the method (Fig 1) comprising:
securing the upper body portion of a user in a user coupling structure (Fig 7b, upper body connected in coupling structure 60);
coupling the upper body portion of the user to a chair back by the user coupling structure to a support coupling structure at a coupling region on the chair back, the support coupling structure being positioned on a front surface of a chair back (Fig 1, coupling apparatus is harness 60 and attachment system to backrest 50, wherein as seen in Fig 1 the harness 60 is attached/coupled at a region of the chair back being a coupling region),
seating a lower body portion of the user on a chair seat (Fig 7b, lower body of user on chair seat 30), the chair seat being a part of a supporting apparatus so that the supporting apparatus supports a partial amount of a weight of the user and the chair back supports a remaining amount of the weight of the user (Fig 7, weight distribution is adjustable as the harness 60 is adjustable in location on the user and the seat 30 is adjustable in height relative to the harness 60);
sensing data related to a weight distribution between the partial amount and the remaining amount of the weight of the user (Col. 4 lines 15-25 and 26-50, scale 72 is a sensing device for sensing the amount of traction applied to the user based on the weight sensed therein, such data thus being related to the weight distribution between the partial amount and full amount therein on the chair seat);
based, at least in part, on the sensed data, adjusting an actuation device to adjust the weight distribution between the partial amount and the remaining amount by raising or lowering the chair seat relative to the coupling region on the chair back (Col 4 lines 50-70, traction through distribution of weight of a user form seat 30 to harness 60) (Col. 3 lines 60-67, the scale 72 sends its data to the control unit 70 for display therein, Col. 4 lines 29-50, the user may control the actuator 40 therein to raise or lower the chair seat relative to the coupling region of the harness as seen in Fig. 7a-7c, wherein the user controlling will be informed of the data from the scale and thus adjust the actuator as desired).
Baune is silent on coupling the upper body portion of the user to a chair back by detachably coupling the user coupling structure to a support coupling structure at a coupling region on the chair back, the support coupling structure being positioned on a front surface of a chair back.
Watt teaches an analogous seated user support with the steps of coupling the upper body portion of the user to a chair back by detachably coupling the user coupling structure to a support coupling structure at a coupling region on the chair back, the support coupling structure being positioned on a front surface of a chair back (Fig 2, coupling structure 26, detachable connection 44,68 to chair back, detachable connection region 68 being a coupling region on the chair back).
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 attachment of the harness to the seat of Baune to be Velcro as taught by Watt in order to ensure the connection is strong but quickly separable upon an emergency (Watt col 3 lines 15-25).
Baune is silent on based, at least in part, on the sensed data, automatically adjusting an actuation device to adjust the weight distribution between the partial amount and the remaining amount by raising or lowering the chair seat relative to the coupling region on the chair back.
However, Bratic teaches an analogous decompression/distraction traction device (title, Fig. 1-4) having an analogous actuator 44 (Fig. 1-4) for causing a force that applies decompression between a lower half of the body and the upper half of the body (Fig. 1-4 and Col. 4 lines 25-67 and Col. 6 lines 57-62) comprising an analogous sensor for sensing the user in relation to the apparatus (Col. 6 lines 19-26, measurement means 20) and thus adjust the distraction applied by the actuators therein based on what is sensed (Col. 6 lines 26-31), thus the analogous traction device comprises an analogous electronic control system (Col. 6 lines 26-31, analogous to the control unit of Baune being analogous therapy management circuitry) that is configured to automate control of the actuation device 44 based on the sensed data from the sensing device 20 (Col. 6 lines 11-39), and controller circuitry including:
a processor configured to perform operations of the therapy management circuitry (Col. 6 lines 3-18, the electronic control system 18 implicitly has a processor being an electronic unit that is configured to perform operations of the therapy management circuitry being related to operating the actuator 40);
a memory configured to store data associated with the sensing device, the actuation device, and/or the therapy management circuitry (Col. 6 lines 19-26 and 40-47, the measurements/data taken from the measurements means 20 being a sensing device wherein the data is also thus correlated with the data related to the actuators and applied therapy therein, is stored in a recording means 22 being a memory).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have further automated the invention of Baune by providing the corresponding circuitry/processor/memory as taught by Bratic in order to provide an improved traction device by being able to automatically perform therapy based on the movement responses of the user and thus store the related data for use by doctor’s to improve the therapy being applied (Bratic Col. 6 lines 2-48),
wherein it has been held by MPEP 2144(III) which recites “In re Venner, 262 F.2d 91, 95, 120 USPQ 193, 194 (CCPA 1958) (Appellant argued that claims to a permanent mold casting apparatus for molding trunk pistons were allowable over the prior art because the claimed invention combined "old permanent-mold structures together with a timer and solenoid which automatically actuates the known pressure valve system to release the inner core after a predetermined time has elapsed." The court held that broadly providing an automatic or mechanical means to replace a manual activity which accomplished the same result is not sufficient to distinguish over the prior art.)” such that this is simply providing automation to the manual inputs of Baune therein.
With respect to claim 13, Baune/Watt/Bratic discloses the method of claim 11.
Baune further discloses wherein the coupling apparatus is selected from the group comprising a vest, a belt, a harness, one or more straps, a hook portion and/or a loop portion of a hook and loop assembly, and/or a combination thereof (Baune Fig 1, harness 60).
With respect to claim 16, Baune/Watt/Bratic discloses the method of claim 11.
Baune further discloses wherein the coupling apparatus and the supporting apparatus are configured to facilitate applying traction to at least a portion of a spine of the user (Baune Col 1 lines 10-15, traction).
With respect to claim 23, Baune/Watt/Bratic discloses the system of claim 1.
Baune further discloses wherein the actuation device comprises a mechanical actuator (Baune Fig 3, actuator 40 of control system 70, 40, 12 being mechanical therein).
With respect to claim 24, Baune/Watt/Bratic discloses the system of claim 23.
Baune further discloses wherein the mechanical actuator is selected from the group consisting of a solenoid, a rack and pinion, a lead screw, a screw jack, a hydraulic jack, a linear actuator, a scissor lift, a pneumatic cylinder, a hydraulic cylinder, a motor, a pneumatic pump, a hydraulic pump, and combinations thereof (Baune Col 3 lines 50-55, hydraulic cylinder).
With respect to claim 27, Baune/Watt/Bratic discloses the method of claim 11.
Baune further discloses wherein the actuation device comprises a mechanical actuator (Baune Fig 3, actuator 40 of control system 70, 40, 12 being mechanical therein).
With respect to claim 28, Baune/Watt/Bratic discloses the method of claim 26.
Baune further discloses wherein the mechanical actuator is selected from the group consisting of a solenoid, a rack and pinion, a lead screw, a screw jack, a hydraulic jack, a linear actuator, a scissor lift, a pneumatic cylinder, a hydraulic cylinder, a motor, a pneumatic pump, a hydraulic pump, and combinations thereof (Baune Col 3 lines 50-55, hydraulic cylinder).
With respect to claim 29, Baune/Watt/Bratic discloses the method of claim 1.
Baune further discloses wherein the sensed data is selected from the group consisting of pressure data, force data, position data, and combinations thereof (Baune Col. 4 lines 15-25 and 26-50, scale 72 is a sensing device for sensing the amount of traction applied to the user based on the weight sensed thus sensing at least force and pressure data).
With respect to claim 30, Baune/Watt/Bratic discloses the method of claim 11.
Baune further discloses wherein the sensed data is selected from the group consisting of pressure data, force data, position data, and combinations thereof (Baune Col. 4 lines 15-25 and 26-50, scale 72 is a sensing device for sensing the amount of traction applied to the user based on the weight sensed thus sensing at least force and pressure data).
With respect to claim 31, Baune/Watt/Bratic discloses the method of claim 1.
Baune further discloses wherein the controller circuitry further comprises a user interface (Fig. 1, 3, 9; Col. 4 lines 37-44, the controller circuitry for controlling the invention comprised the input keypad 73 and output display 71 forming a user interface as seen in the drawings for the user to interface with).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230372181 A1 – traction device with controller having processor and memory
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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