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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 January 7, 2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3-5 and 7-15 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.
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.
Claims 1, 3-5, 7-8 and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dar et al. (US 20090177131 A1).
As to claim 1, Dar et al. discloses a system comprising: a garment (orthosis, depicted as 150 in Figures 1 and 5-6; [0167]), a flexible electrical panel (internal soft layer, depicted as 114 in Figure 12A; [0215, 0220]; the internal layer retains connectors, depicted as 117 in Figure 10, for electrically connecting with the electrodes, depicted as 94 in Figure 10. As such, the flexible panel is a “flexible electrical panel”), one or more electrodes (electrodes, depicted as 94 in Figures 10; [0217-0226]), and at least one controller (stimulator, depicted as 46 in Figures 1, 3 and 7-8A); wherein the garment is configured to wrap around a biological joint (Figures 6; [0181-0183]); wherein the garment comprises a main body (frame, depicted as 50 in Figures 1); wherein the main body comprises a main body hollow portion (Figures 1-7); wherein the main body hollow portion is configured to enable at least a portion of the flexible electrical panel or at least a portion of the at least one controller to pass through the main body (Figures 1-2 and 9B; [0167, 0215, 0220-0201]); wherein the main body comprises a first flexible arm (elastic modular straps; depicted as 34a in Figures 5-6) and a second flexible arm (elastic modular straps; depicted as 34b in Figures 5-6); wherein the first flexible arm and the second flexible arm are configured to create a first circumference and a second circumference around a limb (Figures 5-6); wherein the first flexible arm and the second flexible arm are configured to secure the garment to the limb (Figures 5-6); wherein the main body comprises an electrical panel mounting area ([0221-0224]); wherein the first flexible arm and the second flexible arm each extend away from the electrical panel mounting area (Figures 1 and 5); wherein the flexible electrical panel is configured to be deformed with a deformation of the garment (Figures 1 and 9B) wherein the one or more electrodes are coupled to the flexible electrical panel (Figures 9B-10; [0220-0221]); wherein the at least one controller is coupled to the flexible electrical panel (Figure 1; [0167, 0203-0205]); wherein the at least one controller is configured to send one or more electrical pulses to the one or more electrodes while the garment is wrapped around the biological joint; and wherein the one or more electrical pulses are configured to stimulate one or more of a nerve and a muscle in an area of the biological joint ([0220-0227]; Abstract; Figures 1-9B).
As to claim 3, Dar et al. discloses the flexible electrical panel comprises an electrical circuit (Figure 10; [0215, 0220]; the internal layer retains connectors, depicted as 117 in Figure 10, for electrically connecting with the electrodes, depicted as 94 in Figure 10. As such, the flexible panel is a “flexible electrical panel”. Furthermore, since the panel contains electrical connectors, the panel necessarily comprises “an electrical circuit”); and wherein the electrical circuit is configured to transmit the one or more electrical pulses to the one or more electrodes (Figure 10; [0215, 0220]).
As to claim 4, Dar et al. discloses the flexible electrical panel is configured to at least partially conform to a shape of the garment when the garment is deformed during a wrapping around the biological joint (Figures 5-6; [0181-0183]).
As to claim 5, Dar et al. discloses the flexible electrical panel (internal layer, depicted as 114) includes a detachable layer (depicted as 118 in Figure 12A). As such, components of the flexible electrical panel, as provided in embodiment of Figure 12A are configured to be detachably removed from the garment (Figure 12A).
As to claims 7 and 10, Dar et al. discloses the flexible electrical panel comprises at least one controller coupling (cradle, depicted as 30 in Figures 1, 3 and 7-8A); wherein the at least one controller coupling is configured to surround at least a portion of the at least one controller (Figures 1, 3 and 7-8A); and wherein the at least one controller is configured to be detachably coupled to the at least one controller coupling (Figures 7-8A).
NOTE: Claims 7 and 10 are duplicates. Both depend from claim 5 and recite the same limitations. Examiner recommends cancelling or amending claim 7.
As to claim 8, Dar et al. discloses the main body is configured and arranged to extend past a parameter of the flexible electrical panel (Figures 1 and 4).
As to claim 11, Dar et al. discloses the flexible electrical panel comprises an electrical circuit (Figure 10; [0215, 0220]; the internal layer retains connectors, depicted as 117 in Figure 10, for electrically connecting with the electrodes, depicted as 94 in Figure 10. As such, the flexible panel is a “flexible electrical panel”. Furthermore, since the panel contains electrical connectors, the panel necessarily comprises “an electrical circuit”); and wherein the flexible electrical circuit includes one or more electrode couplings (electrode base; Figure 10; [0206-0208]); and wherein the one or more electrode couplings are each configured to enable removable electrical coupling of each of the one or more electrodes (Figure 10; [0206-0208]).
As to claim 12, Dar et al. discloses each of the one or more electrode couplings comprise one or more flexible fingers (conductive wire, depicted as 110 in Figure 9B; [0206-0208]) extending from a center of the one or more electrode couplings (Figure 9B).
As to claim 13, Dar et al. discloses the one or more flexible fingers (conductive wire, depicted as 110 in Figure 9B; [0206-0208]) are configured to prevent a bunching of the flexible electrical panel in an area of the one or more flexible fingers when the flexible electrical panel is deformed with a deformation of the garment (Figure 9B; [0206-0208])).
As to claim 14, Dar et al. discloses the flexible electrical circuit comprises one or more electricity flow paths (connector, depicted as 123 in Figure 9B; [0221]); wherein the one or more electricity flow paths are configured to deliver electricity from the at least one controller to the one or more electrode couplings ([0221]; Figure 9B); and wherein at the one or more electricity flow paths are configured to extend along a finger length of at least one of the one or more flexible fingers at each of the one or more electrode couplings (Figure 9B).
As to claim 15, Dar et al. discloses the flexible electrical circuit, the one or more electricity flow paths, and the one or more flexible fingers are housed within an internal portion of the flexible electrical panel (Figures 9B and 10).
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Dar et al. (US 20090177131 A1). Dar et al. discloses the invention substantially as claimed with the first flexible arm (34a in Figure 5) comprises a first length and a second flexible arm (34b in Figure 5) comprises a second length but does not explicitly disclose that the first length is different from the second length. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the length of the straps or separate the singular strap into two separate straps of different lengths since it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984.) (See the MPEP 2144.04). Additionally, it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlicnman, 168 USPQ 177, 179. (see MPEP 2144.04). In addition, such a modification would provide the predictable results of ensuring a customized fit for the patient and thus optimize patient comfort and function of the medical device to meet specific patient therapeutic needs and requirements.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M ALTER whose telephone number is (571)272-4939. The examiner can normally be reached M-F 8am-4pm.
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, David E Hamaoui can be reached at (571) 270-5625. 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.
/ALYSSA M ALTER/Primary Examiner, Art Unit 3796
Prosecution Insights