DETAILED ACTION
This is a Non-Final Rejection for Application 18/162,367 filed January 31, 2023. Priority to Provisional Applications 63/305,674 and 63/305,678 both filed February 1, 2022 is acknowledged. Claims 1-23 are currently pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 31, 2026 has been entered.
Response to Amendment
The examiner acknowledges the amendments to claims 1, 3, 7, 11, 13-14, 16 and 23. The claim objections indicated in the Office action filed December 29, 2025 are overcome by the amendments and withdrawn.
The amendments to claims 1, 14 and 23 change the scope of the claims. Therefore, new grounds of rejection are presented below reflecting the change in scope.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 14 and 23 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. A different reference than one specifically challenged in the argument is now used to teach the amended claim language.
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 1-2, 7, 13-15 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister) and US 2010/0168630 (Cropper).
Regarding claim 1, Bledsoe discloses an anterior bracing system deployed as part of an orthopedic brace (Bledsoe discloses an adjustable orthopedic brace as shown in the drawings and described in the abstract. The examiner is relying on the disclosure in [0021] that “[e]ither or both of the back plate and the air bladder can be used alternatively at the front side or anterior side of the user.” This is also reiterated in [0070]. Therefore, any feature of the back plate or air bladder is interpreted as being on the anterior side of the user in an alternative embodiment.), comprising:
an anterior panel, the anterior panel is configured to rest against a front torso of a patient (Front panel 34 is interpreted as an anterior panel as the panel 34 is located facing outward from the back plate 18 that contacts the patient’s back. Therefore, when the back plate 18 is applied to the anterior side of a wearer, the front panel 34 would be the most anterior surface of the brace. The front panel is configured to rest against a front torso of a patient since the front panel is coupled on the front of the user.); and
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Side panels 12 and 14 are interpreted as a plurality of telescopic lateral panels and are configured to extend in a lateral direction or retract in a medial direction according to [0055] wherein the rack gears 22 are said to move the side panels 12 and 14.),
wherein the plurality of telescopic lateral panels are disposed on a posterior side of the anterior panel (The side panels 12 and 14 retract toward the center of gear housing 30 according to [0055], and since the front panel 34 is the anterior surface of the gear housing 30, the side panels are disposed on a posterior side of the anterior panel. This is also shown in Fig. 3 where the rack gears 22 that attach to the side panels 12 and 14 are shown to be posterior to the front panel 34 in the exploded view.).
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Annotated Figs. 1 and 3 of Bledsoe
Bledsoe does not disclose the anterior panel including a plurality of rotatable locking members each disposed on opposing sides of the anterior panel; and wherein each of the plurality of telescopic panels are formed of a rigid or semi-rigid material, wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that when in the open position, the plurality of telescopic lateral panels are configured to extend or retract and when in the closed position, the plurality of telescopic lateral panels are locked in a current position by each of the plurality of rotatable locking members coming into contact with and being coupled to a fastener disposed on an anterior surface of the lateral panels while the fastener is situated under the anterior panel.
However, Hollister discloses a brace comprising a waist cuff 13, a waist belt 12, and a belt lock 86. Waist cuff 13 is analogous to the front panel 34 of Bledsoe in that they are the exterior surfaces of the respective braces and attach to a belt/panel. The waist belt 12 is analogous to the side panels 12 and 14 of Bledsoe in that both wrap around the user to secure the entire brace to the user. The belt lock 86 is interpreted as a rotatable locking member with one belt lock 86 positioned on each side of the waist cuff 13, making a plurality. According to [0034], the belt lock comprises a hook component on its inner face that can be rotated to releasably lock the waist belt 12 into place. Additionally, the waist belt 12 comprises a loop component on its outer surface to mate with the hooks of belt lock 86.
Additionally, Cropper discloses an orthosis with front segments 19 and 21 that are rigid. See [0060]. Cropper teaches wherein each of the plurality of panels are formed of a rigid or semi-rigid material (Rigid front segments 19 and 21 are a plurality of panels and are made of a rigid material.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the belt locks 86 of Hollister to each side of the front panel 34 of Bledsoe and to add loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister. A skilled artisan would have been motivated to do so because Hollister teaches that the belt locks 86 can be rotated to releasably lock the waist belt into place ([0034]). This would allow a user of the brace of Bledsoe as modified by Hollister to prevent the side panels 12 and 14 from medial or lateral translation when the belt locks 86 are engaged. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic braces with moveable belts.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the side panels 12 and 14 of Bledsoe to include a rigid front segment as taught by Cropper. A skilled artisan would have been motivated to do so because Cropper teaches that the rigid front segments protect the internal components ([0062]) and decompress the spine with the help of a continuous opposing force ([0051]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister and Cropper discloses the anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel (The belt locks 86 of Hollister added to each side of the front panel 34 of Bledsoe are interpreted as a plurality of rotatable locking members and are on opposing sides of the front panel 34.); and
wherein each of the plurality of telescopic panels are formed of a rigid or semi-rigid material (Each of side panels 12 and 14 include a rigid front segment in view of Cropper.),
wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that when in the open position, the plurality of telescopic lateral panels are configured to extend or retract and when in the closed position, the plurality of telescopic lateral panels are locked in a current position by each of the plurality of rotatable locking members coming into contact with and being coupled to a fastener disposed on an anterior surface of the lateral panels while the fastener is situated under the anterior panel (The belt locks 86 of Hollister added to the front panel 34 of Bledsoe are configured to rotate between an open position, where the hook are not engaged with the loops of the side panels 12 and 14 after the modification in view of Hollister and the side panels 12 and 14 may extend and retract, and a closed position, where the hooks of the belt locks 86 mate with the loops of the side panels 12 and 14 of Bledsoe such that the side panels 12 and 14 may not extend or retract. The added loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister are interpreted as fasteners and are disposed on the anterior surface of the side panels 12 and 14. The belt locks 86 come into contact with and couple to the loops disposed on an anterior surface of the side panels 12 and 14 while the loops are at least partially situated under the anterior panel.).
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Annotated Fig. 3 of Hollister
Regarding claim 2, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 1, wherein at least a first telescopic lateral panel of the plurality of telescopic lateral panels includes the anterior surface with a first fastener corresponding to the fastener disposed thereon (As a result of adding the belt locks 86 to the front panel 34 of Bledsoe, the anterior surfaces of side panels 12 and 14 have been modified to comprise loops, which are interpreted as a first fastener.),
the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members (As a result of adding the belt locks 86 to the front panel 34 of Bledsoe, the posterior surface of the belt locks comprise hooks, which are complementary to the loops of the side panels 12 and 14 and are interpreted as a second fastener.).
Regarding claim 7, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 2.
Bledsoe in view of Hollister and Cropper, as applied in claim 2, does not disclose one or more sewing channels, the first fastener is configured to be sewn to the anterior panel along the sewing channels.
However, Cropper further discloses an orthosis with panels 33 and 35 that are bound by stitching as partitioning border 45. See [0060]. The panels 33 and 35 are rigid but are bound at the partitioning borders 45 which anchors the panels 33 and 35 in place so that they do not move laterally, vertically, diagonally, or any combination thereof. The partitioning borders 45 are being interpreted as sewing channels since they provide a path for the stitching.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the belt locks 86 of Hollister to be stitched to the front panel 34 of Bledsoe at a partitioning border as taught by Cropper. A partitioning border is applied to each side of the front panel 34 of Bledsoe and then the belt locks 86 are stitched. A skilled artisan would have been motivated to do so because the partitioning borders provide a place for the rigid panels in Cropper to be stitched ([0060]). In Bledsoe, the partitioning border provides a location for the belt locks 86 to be stitched to the front panel 34 to securely place the belt locks 86. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister and Cropper disclose one or more sewing channels, the first fastener is configured to be sewn to the anterior panel along the sewing channels (The front panel 34 of Bledsoe includes a partitioning border on each of side of the panel for the belt locks 86 of Hollister to be stitched to the panel, belt locks are interpreted as being the first fastener. The partitioning borders defines a pathway for the stitching and is interpreted as a sewing channel.
Regarding claim 13, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 1, wherein the anterior panel includes a middle body portion includes a first pair of lateral portions extending in a first direction from the middle body portion and a second pair of lateral portions extending in a second direction from the middle body portion opposite to the first direction (The front panel 34 of Bledsoe with the belt lock 86 of Hollister comprises a middle body portion in the center of the front panel. As a result of the combination in claim 1, the front panel has what is interpreted as a pair of lateral portions located above and below the belt lock since the belt locks are positioned on the sides of the front panel. The lateral portions of the front panel differ from the middle body portion in that they are superior and inferior with the belt lock. Since a belt lock is disposed on both sides of the front panel, then a pair of lateral portions disposed above and below each belt lock are present. One of the pair of lateral portions is interpreted as the first pair of lateral portions extending in a first direction, while the other is interpreted as a second pair of lateral portions extending in a second direction.),
the first pair of lateral portions partially surrounding a first rotatable locking member of the plurality of rotatable locking members and the second pair of lateral portions partially surrounding a second rotatable locking member of the plurality of rotatable locking members (The lateral portions of the front panel differ from the middle body portion in that they are superior and inferior with the belt lock. Since a belt lock is disposed on both sides of the front panel, then a pair of lateral portions disposed above and below each belt lock are present. Being disposed above and below is interpreted as surrounding.).
Regarding claim 14, Bledsoe discloses an anterior bracing system deployed as part of an orthopedic brace (Bledsoe discloses an adjustable orthopedic brace as shown in the drawings and described in the abstract. The examiner is relying on the disclosure in [0021] that “[e]ither or both of the back plate and the air bladder can be used alternatively at the front side or anterior side of the user.” This is also reiterated in [0070’. Therefore, any feature of the back plate or air bladder is interpreted as being on the anterior side of the user in an alternative embodiment.), comprising:
an anterior panel (Front panel 34 is interpreted as an anterior panel as the panel 34 is located facing outward from the back plate 18 that contacts the patient’s back. Therefore, when the back plate 18 is applied to the anterior side of a wearer, the front panel 34 would be the most anterior surface of the brace.)
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Side panels 12 and 14 are interpreted as a plurality of telescopic lateral panels and are configured to extend in a lateral direction or retract in a medial direction according to [0055] wherein the rack gears 22 are said to move the side panels 12 and 14.).
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Annotated Figs. 1 and 3 of Bledsoe
Bledsoe does not disclose the anterior panel including a plurality of rotatable locking members each disposed on opposing sides of the anterior panel; and wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material, wherein each of the plurality of rotatable locking members is configured to rotate between an open position in which a first telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and a closed position in which the telescopic lateral panel is locked into the selected extended orientation by a first rotatable locking member of the plurality of rotatable locking members coming into contact with and being coupled to a first fastener disposed on an anterior surface of the telescopic lateral panel while the fastener is situated under the anterior panel.
However, Hollister discloses a brace comprising a waist cuff 13, a waist belt 12, and a belt lock 86. Waist cuff 13 is analogous to the front panel 34 of Bledsoe in that they are the exterior surfaces of the respective braces and attach to a belt/panel. The waist belt 12 is analogous to the side panels 12 and 14 of Bledsoe in that both wrap around the user to secure the entire brace to the user. The belt lock 86 is interpreted as a rotatable locking member with one belt lock 86 positioned on each side of the waist cuff 13, making a plurality. According to [0034], the belt lock comprises a hook component on its inner face that can be rotated to releasably lock the waist belt 12 into place. Additionally, the waist belt 12 comprises a loop component on its outer surface to mate with the hooks of belt lock 86.
Additionally, Cropper discloses an orthosis with front segments 19 and 21 that are rigid. See [0060]. Cropper teaches wherein each of the plurality of panels are formed of a rigid or semi-rigid material (Rigid front segments 19 and 21 are a plurality of panels and are made of a rigid material.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the belt locks 86 of Hollister to each side of the front panel 34 of Bledsoe and to add loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister. A skilled artisan would have been motivated to do so because Hollister teaches that the belt locks 86 can be rotated to releasably lock the waist belt into place ([0034]). This would allow a user of the brace of Bledsoe as modified by Hollister to prevent the side panels 12 and 14 from medial or lateral translation when the belt locks 86 are engaged. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic braces with moveable belts.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the side panels 12 and 14 of Bledsoe to include a rigid front segment as taught by Cropper. A skilled artisan would have been motivated to do so because Cropper teaches that the rigid front segments protect the internal components ([0062]) and decompress the spine with the help of a continuous opposing force ([0051]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister and Cropper discloses the anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel (The belt locks 86 of Hollister added to each side of the front panel 34 of Bledsoe are interpreted as a plurality of rotatable locking members and are on opposing sides of the front panel 34.); and
wherein each of the plurality of telescopic panels are formed of a rigid or semi-rigid material (Each of side panels 12 and 14 include a rigid front segment in view of Cropper.),
wherein each of the plurality of rotatable locking members is configured to rotate between an open position in which a telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and a closed position in which the telescopic lateral panel is locked into the selected extended orientation by a first rotatable locking member of the plurality of rotatable locking members coming into contact with and being coupled to a first fastener disposed on an anterior surface of the telescopic lateral panel while the fastener is situated under the anterior panel (The belt locks 86 of Hollister added to the front panel 34 of Bledsoe are configured to rotate between an open position, where the hook are not engaged with the loops of the side panels 12 and 14 after the modification in view of Hollister and the side panels 12 and 14 may be placed into a selected extended orientation, and a closed position, where the hooks of the belt locks 86 mate with the loops of the side panels 12 and 14 of Bledsoe such that the side panels 12 and 14 are locked into the selected extended orientation. The added loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister are interpreted as fasteners and are disposed on the anterior surface of the side panels 12 and 14. The belt locks 86 come into contact with and couple to the loops disposed on an anterior surface of the side panels 12 and 14 while the loops are at least partially situated under the anterior panel.).
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Annotated Fig. 3 of Hollister
Regarding claim 15, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 14, wherein at least the first telescopic lateral panel of the plurality of telescopic lateral panels includes the anterior surface with the first fastener disposed thereon (As a result of adding the belt locks 86 to the front panel 34 of Bledsoe, the anterior surfaces of side panels 12 and 14 have been modified to comprise loops, which are interpreted as a first fastener.),
the first fastener is complementary to a second fastener disposed on a posterior side of the first rotatable locking member of the plurality of rotatable locking members (As a result of adding the belt locks 86 to the front panel 34 of Bledsoe, the posterior surface of the belt locks comprise hooks, which are complementary to the loops of the side panels 12 and 14 and are interpreted as a second fastener.).
Regarding claim 23, Bledsoe discloses an anterior bracing system (Bledsoe discloses an adjustable orthopedic brace as shown in the drawings and described in the abstract. The examiner is relying on the disclosure in [0021] that “[e]ither or both of the back plate and the air bladder can be used alternatively at the front side or anterior side of the user.” This is also reiterated in [0070’. Therefore, any feature of the back plate or air bladder is interpreted as being on the anterior side of the user in an alternative embodiment.), comprising:
an anterior panel (Front panel 34 is interpreted as an anterior panel as the panel 34 is located facing outward from the back plate 18 that contacts the patient’s back. Therefore, when the back plate 18 is applied to the anterior side of a wearer, the front panel 34 would be the most anterior surface of the brace.);
a padding ([0021], “[e]ither or both of the back plate and the air bladder can be used alternatively at the front side or anterior side of the user.” The air bladder 118 is configured to aid in padding and is interpreted as padding. See [0069].); and
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction from an interior chamber formed between the anterior panel and the padding (Side panels 12 and 14 are interpreted as a plurality of telescopic lateral panels and are configured to extend in a lateral direction or retract in a medial direction according to [0055] wherein the rack gears 22 are said to move the side panels 12 and 14. The side panels 12 and 14 retract toward the center of gear housing 30 according to [0055], and since the front panel 34 is the anterior surface of the gear housing 30, the side panels are disposed on a posterior side of the anterior panel. Since the air bladder is even further posterior, the side panels 12 and 14 extend in a lateral direction or retract in a medial direction from an interior chamber formed between the front panel and the air bladder 118. This is also shown in Fig. 3 where the rack gears 22 that attach to the side panels 12 and 14 are shown to be posterior to the front panel 34 in the exploded view and in Fig. 13 where the rack gears 22 are between the front panel 34 and air bladder 118.),
wherein each telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and locked to maintain in the selected extended orientation (The side panels 12 and 14 may be placed into a selected extended orientation using handle portion 16 and locked to maintain the selected extended orientation by releasably fixing the handle portion to side panels 12 and 14. See [0055]-[0057].).
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Annotated Figs. 1 and 3 of Bledsoe
Bledsoe does not disclose using a locking member to maintain in the selected extended orientation; and wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material, wherein the locking member is configured to rotate between an open position and a closed position such that, when in the open position, a first telescopic lateral panel of the plurality of telescopic lateral panels is configured to extend or retract, and when in the closed position, the first telescopic lateral panel is locked in a current position by the locking member coming into contact with and being coupled to a fastener disposed on an anterior surface of the first telescopic lateral panel while the fastener is situated under the anterior panel.
However, Hollister discloses a brace comprising a waist cuff 13, a waist belt 12, and a belt lock 86. Waist cuff 13 is analogous to the front panel 34 of Bledsoe in that they are the exterior surfaces of the respective braces and attach to a belt/panel. The waist belt 12 is analogous to the side panels 12 and 14 of Bledsoe in that both wrap around the user to secure the entire brace to the user. The belt lock 86 is interpreted as a rotatable locking member with one belt lock 86 positioned on each side of the waist cuff 13, making a plurality. According to [0034], the belt lock comprises a hook component on its inner face that can be rotated to releasably lock the waist belt 12 into place. Additionally, the waist belt 12 comprises a loop component on its outer surface to mate with the hooks of belt lock 86.
Additionally, Cropper discloses an orthosis with front segments 19 and 21 that are rigid. See [0060]. Cropper teaches wherein each of the plurality of panels are formed of a rigid or semi-rigid material (Rigid front segments 19 and 21 are a plurality of panels and are made of a rigid material.).
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the belt locks 86 of Hollister to each side of the front panel 34 of Bledsoe and to add loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister. A skilled artisan would have been motivated to do so because Hollister teaches that the belt locks 86 can be rotated to releasably lock the waist belt into place ([0034]). This would allow a user of the brace of Bledsoe as modified by Hollister to prevent the side panels 12 and 14 from medial or lateral translation when the belt locks 86 are engaged. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic braces with moveable belts.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the side panels 12 and 14 of Bledsoe to include a rigid front segment as taught by Cropper. A skilled artisan would have been motivated to do so because Cropper teaches that the rigid front segments protect the internal components ([0062]) and decompress the spine with the help of a continuous opposing force ([0051]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister and Cropper discloses using a locking member to maintain in the selected extended orientation (The belt locks 86 of Hollister added to each side of the front panel 34 of Bledsoe are interpreted as a rotatable locking members and are on opposing sides of the front panel 34 to maintain the selected extended orientation.); and
wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material (Each of side panels 12 and 14 include a rigid front segment in view of Cropper.),
wherein the locking member is configured to rotate between an open position and a closed position such that, when in the open position, a first telescopic lateral panel of the plurality of telescopic lateral panels is configured to extend or retract, and when in the closed position, the first telescopic lateral panel is locked in a current position by the locking member coming into contact with and being coupled to a fastener disposed on an anterior surface of the first telescopic lateral panel while the fastener is situated under the anterior panel (The belt locks 86 of Hollister added to the front panel 34 of Bledsoe are configured to rotate between an open position, where the hook are not engaged with the loops of the side panels 12 and 14 after the modification in view of Hollister and the side panels 12 and 14 may extend and retract, and a closed position, where the hooks of the belt locks 86 mate with the loops of the side panels 12 and 14 of Bledsoe such that the side panels 12 and 14 may not extend or retract. The added loops to the outer surface of the side panels 12 and 14 of Bledsoe as taught by Hollister are interpreted as fasteners and are disposed on the anterior surface of the side panels 12 and 14. The belt locks 86 come into contact with and couple to the loops disposed on an anterior surface of the side panels 12 and 14 while the loops are at least partially situated under the anterior panel.).
Claims 3, 6 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister) and US 2010/0168630 (Cropper), and further in view of US 2018/0325184 (Roberts).
Regarding claim 3, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 2.
Bledsoe in view of Hollister and Cropper does not disclose wherein the first fastener disposed on the first telescopic lateral panel includes a first unbroken loop (UBL) material while the second fastener disposed on the posterior side of the first rotatable locking member includes a hook material configured for coupling with the UBL material.
However, Roberts discloses a patient support device comprising an unbroken loop finish that provides the loop part of any hook and loop fastening arrangement. See [0081]-[0082]. The unbroken loop material is analogous to the loops of the side panels 12 and 14 as modified by Hollister in that they are complementary surfaces to a hook component of a hook and loop fastener.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the loop fasteners of the side panels 12 and 14 of Bledsoe to instead be an unbroken loop material as taught by Roberts. A skilled artisan would have been motivated to do so because Roberts teaches that the unbroken loop material is lycra which is a material that is comfortable in contact with the skin ([0077]-[0082]). A skilled artisan would have a reasonable expectation of success given that the references drawn to orthopedic devices with hook and loop material.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Roberts discloses wherein the first fastener disposed on the first telescopic lateral panel includes a first unbroken loop (UBL) material while the second fastener disposed on the posterior side of the first rotatable locking member includes a hook material configured for coupling with the UBL material (The first fastener of the side panels 12 and 14 of Bledsoe is made of an unbroken loop material in view of Roberts and the second fastener of the belt locks 86 of Hollister is hook material.).
Regarding claim 6, Bledsoe in view of Hollister, Cropper and Roberts discloses the anterior bracing system of claim 3.
Bledsoe in view of Hollister, Cropper and Roberts, as applied in claim 3, does not disclose wherein the anterior panel is segmented into a middle body portion and a pair of lateral portions that are disposed laterally to the middle body portion.
However, Cropper further discloses an orthosis with panels 33 and 35 that are bound by stitching at partitioning border 45. See [0060]. The panels 33 and 35 are rigid but are bound at the partitioning borders 45 which anchors the panels 33 and 35 in place so that they do not move laterally, vertically, diagonally, or any combination thereof. The partitioning borders 45 also divide the members into what are interpreted as segments.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the belt locks 86 of Hollister to be stitched to the front panel 34 of Bledsoe at a partitioning border as taught by Cropper. A partitioning border is applied to each side of the front panel 34 of Bledsoe and then the belt locks 86 are stitched. A skilled artisan would have been motivated to do so because the partitioning borders provide a place for the rigid panels in Cropper to be stitched ([0060]). In Bledsoe, the partitioning border provides a location for the belt locks 86 to be stitched to the front panel 34 to securely place the belt locks 86. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Roberts disclose wherein the anterior panel is segmented into a middle body portion and a pair of lateral portions that are disposed laterally to the middle body portion (The front panel 34 of Bledsoe includes a partitioning border on each of side of the panel for the belt locks 86 of Hollister to be stitched to the panel. The partitioning borders define a boundary between a middle body portion of the panel and a resulting pair of lateral portions each disposed laterally to the middle portion since the belt locks 86 are also positioned at each side of the panel.).
Regarding claim 16, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 15.
Bledsoe in view of Hollister and Cropper does not disclose wherein the first fastener disposed on the first telescopic lateral panel includes a first unbroken loop (UBL) material while the second fastener disposed on the posterior side of the first rotatable locking member includes a hook material configured for coupling with the UBL material.
However, Roberts discloses a patient support device comprising an unbroken loop finish that provides the loop part of any hook and loop fastening arrangement. See [0081]-[0082]. The unbroken loop material is analogous to the loops of the side panels 12 and 14 as modified by Hollister in that they are complementary surfaces to a hook component of a hook and loop fastener.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the loop fasteners of the side panels 12 and 14 of Bledsoe to instead be an unbroken loop material as taught by Roberts. A skilled artisan would have been motivated to do so because Roberts teaches that the unbroken loop material is lycra which is a material that is comfortable in contact with the skin ([0077]-[0082]). A skilled artisan would have a reasonable expectation of success given that the references drawn to orthopedic devices with hook and loop material.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Roberts discloses wherein the first fastener disposed on the first telescopic lateral panel includes a first unbroken loop (UBL) material while the second fastener disposed on the posterior side of the first rotatable locking member includes a hook material configured for coupling with the UBL material (The first fastener of the side panels 12 and 14 of Bledsoe is made of an unbroken loop material in view of Roberts and the second fastener of the belt locks 86 of Hollister is hook material.).
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister), US 2010/0168630 (Cropper) and US 2018/0325184 (Roberts), and further in view of US 2004/0077981 (Weaver).
Regarding claim 4, Bledsoe in view of Hollister, Cropper and Roberts discloses the anterior bracing system of claim 3.
Bledsoe in view of Hollister, Cropper and Roberts does not disclose wherein an anterior side of the first rotatable locking member includes a second UBL material for coupling with a belt of a posterior bracing system.
However, Weaver discloses a back brace comprising loop material on the entire outer surface of laminated panel 22 for a hook material panel 26 to attach. See [0042]. The panel 22 is analogous to the front panel 34 in that they are both anterior panels of their respective braces when worn. The hook material panel 26 is interpreted as a belt of a posterior bracing system.
Additionally, Roberts discloses a patient support device comprising an unbroken loop finish that provides the loop part of any hook and loop fastening arrangement. See [0081]-[0082]. The unbroken loop material is analogous to the loops of the loop material of the panel 22 of Weaver in that they are complementary surfaces to a hook component of a hook and loop fastener.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to apply the unbroken loop material of Roberts to the entire anterior surface of the panel 34 of Bledsoe, including the belt locks 86 of Hollister since the belt locks 86 are part of the anterior panel, as taught by Weaver and Roberts. Weaver teaches that the front panel 34 may be covered entirely in loop material and Roberts teaches that a good loop material for use is an unbroken loop material. A skilled artisan would have been motivated to do so because Weaver teaches that the loop material provides a point of contact for the elastic panel to hook onto the loops using the hook material panel 26 ([0042]). Roberts teaches that the unbroken loop material is lycra which is a material that is comfortable in contact with the skin ([0077]-[0082]). This modification allows for a hook material to be attached anywhere on the anterior panel of Bledsoe. A skilled artisan would have a reasonable expectation of success given that the references are drawn to orthopedic devices with hook and loop material.
As a result of the combination, Bledsoe in view of Hollister, Cropper, Roberts and Weaver discloses wherein an anterior side of the first rotatable locking member includes a second UBL material for coupling with a belt of a posterior bracing system (The anterior side of the front panel 34 which includes the belt locks 86 is covered entirely in unbroken loop material as taught by Weaver and Roberts, which is capable of coupling with a belt of a posterior bracing system.).
Regarding claim 17, Bledsoe in view of Hollister, Cropper and Roberts discloses the anterior bracing system of claim 16.
Bledsoe in view of Hollister, Cropper and Roberts does not disclose wherein an anterior side of the first rotatable locking member includes a second UBL material for coupling with a belt of a posterior bracing system.
However, Weaver discloses a back brace comprising loop material on the entire outer surface of laminated panel 22 for a hook material panel 26 to attach. See [0042]. The panel 22 is analogous to the front panel 34 in that they are both anterior panels of their respective braces when worn. The hook material panel 26 is interpreted as a belt of a posterior bracing system.
Additionally, Roberts discloses a patient support device comprising an unbroken loop finish that provides the loop part of any hook and loop fastening arrangement. See [0081]-[0082]. The unbroken loop material is analogous to the loops of the loop material of the panel 22 of Weaver in that they are complementary surfaces to a hook component of a hook and loop fastener.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to apply the unbroken loop material of Roberts to the entire anterior surface of the panel 34 of Bledsoe, including the belt locks 86 of Hollister since the belt locks 86 are part of the anterior panel, as taught by Weaver and Roberts. Weaver teaches that the front panel 34 may be covered entirely in loop material and Roberts teaches that a good loop material for use is an unbroken loop material. A skilled artisan would have been motivated to do so because Weaver teaches that the loop material provides a point of contact for the elastic panel to hook onto the loops using the hook material panel 26 ([0042]). Roberts teaches that the unbroken loop material is lycra which is a material that is comfortable in contact with the skin ([0077]-[0082]). This modification allows for a hook material to be attached anywhere on the anterior panel of Bledsoe. A skilled artisan would have a reasonable expectation of success given that the references are drawn to orthopedic devices with hook and loop material.
As a result of the combination, Bledsoe in view of Hollister, Cropper, Roberts and Weaver discloses wherein an anterior side of the first rotatable locking member includes a second UBL material for coupling with a belt of a posterior bracing system (The anterior side of the front panel 34 which includes the belt locks 86 is covered entirely in unbroken loop material as taught by Weaver and Roberts.).
Claim 8-10 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister) and US 2010/0168630 (Cropper), and further in view of US 2010/0298749 (Garth).
Regarding claim 8, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 1.
Bledsoe in view of Hollister and Cropper does not disclose wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod and (ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position.
However, Garth discloses a cervical thoracic orthotic comprising an abdominal support 120a, an opening receptacle in a cover to receive telescoping region 160, and an adjuster 165. According to [0029]-[0030], Fig. 2 shows telescoping region inserted into an opening receptacle in the thoracic portion 120 and an adjuster that is said to vertically adjust the telescoping region by rotating and limit the translation of the telescoping region. The adjuster is adapted to be in an open position when the telescoping region is released and a closed position when the telescoping region is inserted. The abdominal support 120a is analogous to the front panel 34 in that they are panels positioned in front of a wearer in the abdominal region, while the opening receptacle in the cover receives telescoping region 160 and contains adjuster 165 which are interpreted as an opening receptacle and an extension rod locking member, respectively.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a cover with an opening receptacle in the front panel 34 of Bledsoe and the adjuster 165 of Garth. A skilled artisan would have been motivated to do so because Garth teaches that a telescoping region 160 is inserted through the opening and engaged with the adjuster 165 such that the telescoping region may be vertically adjusted for different wearers ([0029]-[0030]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod (The front panel 34 of Bledsoe comprises a cover with an opening receptacle in which an extension rod is adapted to be inserted into such that an extension rod engages with the adjuster 165 of Garth.) and
(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position (The adjuster 165 of Garth is disposed on the front panel 34 of Bledsoe and beneath a cover of Garth and is adapted to rotate between an open position that allows for a release of an extension rod and a closed position to lock and retain an extension rod in a particular position.).
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Regarding claim 9, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 8.
Bledsoe in view of Hollister, Cropper and Garth, as applied above, does not disclose wherein a first distal end of the extension rod includes a wishbone coupler, the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler.
However, Garth further discloses an intermediate portion 130 comprising a superior end 111 and an inferior end 112. The intermediate portion comprises a body portion and a pair of extension arms are extending at the superior end. See Fig. 2. The pair of extension arms extend at slightly opposing angles relative to a midline of the intermediate portion as shown in Figs. 2-3B. The intermediate portion is disposed at the distal end of telescoping region 160 and is interpreted as a wishbone coupler.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the intermediate portion 130 of Garth to the device of Bledsoe. A skilled artisan would have been motivated to do so because Garth teaches that the intermediate portion is disposed on the distal end of the telescoping region 160 and that the intermediate portion allows for the adjustment of an angle at which a cervical portion 110 is attached ([0032]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein a first distal end of the extension rod includes a wishbone coupler (Telescoping region 160 is inserted through the opening receptacle on the front panel 34 of Bledsoe and the distal end of the telescoping region comprises the intermediate portion 130 of Garth, which is interpreted as a wishbone coupler.),
the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler (The intermediate portion 130 of Garth comprises a body portion and a pair of extension arms are extending at the superior end at slightly opposing angles relative to a midline of the intermediate portion 130).
Regarding claim 10, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 9.
Bledsoe in view of Hollister, Cropper and Garth, as applied above, does not disclose wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace supported by the wishbone coupler.
However, Garth further discloses a cervical portion 110 that is attached by a clip to the first adjustment region 140 which is coupled to the intermediate portion 130 by pivot 180. See [0034]. Therefore, clip 175 is coupled to the intermediate portion 130. The cervical portion 110 is interpreted as a cervical brace as described in [0027] and shown in Fig. 1.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the cervical portion 110 of Garth coupled to the intermediate portion 130 via the clip 175 of Garth to the device of Bledsoe. A skilled artisan would have been motivated to do so because Garth teaches that the clip allows for a cervical collar to be attached to the intermediate portion ([0034]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to cervical collars.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace supported by the wishbone coupler (The intermediate portion 130, which comprises the pair of extension arms, is coupled to clip 175 which is securely fastened to cervical portion 110, which is interpreted as a cervical brace.).
Regarding claim 19, Bledsoe in view of Hollister and Cropper discloses the anterior bracing system of claim 14.
Bledsoe in view of Hollister and Cropper does not disclose wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod and (ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position.
However, Garth discloses a cervical thoracic orthotic comprising an abdominal support 120a, an opening receptacle in a cover to receive telescoping region 160, and adjuster 165. According to [0029]-[0030], Fig. 2 shows telescoping region inserted into an opening receptacle in the thoracic portion 120 and an adjuster that is said to vertically adjust the telescoping region by rotating and limit the translation of the telescoping region. The adjuster is adapted to be in an open position when the telescoping region is released and a closed position when the telescoping region is inserted. The abdominal support 120a is analogous to the front panel 34 in that they are panels positioned in front of a wearer in the abdominal region, while the opening receptacle in the cover receives telescoping region 160 and contains adjuster 165 which are interpreted as an opening receptacle and an extension rod locking member, respectively.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a cover with an opening receptacle in the front panel 34 of Bledsoe and the adjuster 165 of Garth. A skilled artisan would have been motivated to do so because Garth teaches that a telescoping region 160 is inserted through the opening and engaged with the adjuster 165 such that the telescoping region may be vertically adjusted for different wearers ([0029]-[0030]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod (The front panel 34 of Bledsoe comprises a cover with an opening receptacle in which an extension rod is adapted to be inserted into such that an extension rod engages with the adjuster 165 of Garth.) and
(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position (The adjuster 165 of Garth is disposed on the front panel 34 of Bledsoe and beneath a cover of Garth and is adapted to rotate between an open position that allows for a release of an extension rod and a closed position to lock and retain an extension rod in a particular position.).
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Annotated Fig. 2 of Garth
Regarding claim 20, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 19.
Bledsoe in view of Hollister, Cropper and Garth, as applied above, does not disclose wherein a first distal end of the extension rod includes a wishbone coupler, the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler.
However, Garth further discloses an intermediate portion 130 comprising a superior end 111 and an inferior end 112. The intermediate portion comprises a body portion and a pair of extension arms are extending at the superior end. See Fig. 2. The pair of extension arms extend at slightly opposing angles relative to a midline of the intermediate portion as shown in Figs. 2-3B. The intermediate portion is disposed at the distal end of telescoping region 160 and is interpreted as a wishbone coupler.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the intermediate portion 130 of Garth to the device of Bledsoe. A skilled artisan would have been motivated to do so because Garth teaches that the intermediate portion is disposed on the distal end of the telescoping region 160 and that the intermediate portion allows for the adjustment of an angle at which a cervical portion 110 is attached ([0032]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein a first distal end of the extension rod includes a wishbone coupler (Telescoping region 160 is inserted through the opening receptacle on the front panel 34 of Bledsoe and the distal end of the telescoping region comprises the intermediate portion 130 of Garth, which is interpreted as a wishbone coupler.),
the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler (The intermediate portion 130 of Garth comprises a body portion and a pair of extension arms are extending at the superior end at slightly opposing angles relative to a midline of the intermediate portion 130).
Regarding claim 21, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 20.
Bledsoe in view of Hollister, Cropper and Garth, as applied above, does not disclose wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace supported by the wishbone coupler.
However, Garth further discloses a cervical portion 110 that is attached by a clip to the first adjustment region 140 which is coupled to the intermediate portion 130 by pivot 180. See [0034]. Therefore, clip 175 is coupled to the intermediate portion 130. The cervical portion 110 is interpreted as a cervical brace as described in [0027] and shown in Fig. 1.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the cervical portion 110 of Garth coupled to the intermediate portion 130 via the clip 175 of Garth to the device of Bledsoe. A skilled artisan would have been motivated to do so because Garth teaches that the clip allows for a cervical collar to be attached to the intermediate portion ([0034]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to cervical collars.
As a result of the combination, Bledsoe in view of Hollister, Cropper and Garth discloses wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace (The intermediate portion 130, which comprises the pair of extension arms, is coupled to clip 175 which is securely fastened to cervical portion 110, which is interpreted as a cervical brace.).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister), US 2010/0168630 (Cropper) and US 2010/0298749 (Garth), and further in view of US 5,946,722 (Goralnik).
Regarding claim 11, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 9.
Bledsoe in view of Hollister, Cropper and Garth does not disclose wherein the CTO clip includes at least a first fastening member and a second fastening member; both of the first fastening member and the second fastening member are configured to receive support straps coupled to a posterior panel to be positioned on an opposite side of the wearer.
However, Goralnik discloses a cervical-thoracic brace comprising hook and loop fastening material 15 configured to receive straps 14. See Col. 3, Lns. 7-14 and Fig. 2. The cervical brace further comprises a neck plate 1 that is analogous to the clip 175 of garth in that they both are positioned at the neck and form an intermediate between a chin plate and an extension rod. The hook and loop fastening material 15 on one side of the neck plate 1 is interpreted as a first fastening member and on the other side, a second fastening member.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a hook and loop fastening material to the clip 175 of Garth as taught by Goralnik. A skilled artisan would have been motivated to do so because Goralnik teaches that the hook and loop fastening material 15 allows for strap 14 to attach to a posterior plate (Col. 3, Lns. 7-14). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to cervical collars.
As a result of the combination, Bledsoe in view of Hollister, Cropper, Garth and Goralnik discloses wherein the CTO clip includes at least a first fastening member and a second fastening member; both of the first fastening member and the second fastening member are configured to receive support straps coupled to a posterior panel to be positioned on an opposite side of the wearer (The clip 175 of garth comprises the hook and loop material 15 of Goralnik on either side which are interested as first and second fastening members, respectively, which is all disposed on the device of Bledsoe. The hook and loop material 15 is configured to receive support straps coupled to a posterior panel to be positioned on an opposite side of the wearer.).
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Annotated Fig. 2 of Goralnik
Claims 12 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0077567 (Bledsoe) in view of US 2014/0276311 (Hollister), US 2010/0168630 (Cropper) and US 2010/0298749 (Garth), and further in view of US 9,220,625 (Ingimundarson).
Regarding claim 12, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 9.
Bledsoe in view of Hollister, Cropper and Garth does not disclose wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate.
However, Ingimundarson discloses a thoracic lumbar sacral orthotic comprising a pectoral assembly 24 and a pair of pectoral pads 26A, 26B. See Col. 5, Lns. 48-54 and Fig. 2. The pectoral assembly 24 comprises a pair of arms 49A, 49B that are analogous to the pair of extension arms of the intermediate portion 130 of Garth. The pair of pectoral pads are interpreted as a support chest plate.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to attach the pair of pectoral pads 26A, 26B of Ingimundarson to the pair of extension arms of the intermediate portion 103 of Garth attached to the device of Bledsoe. A skilled artisan would have been motivated to do so because Ingimundarson teaches that the pectoral pads 26A, 26B support the chest of the wearer and include padding and ventilation (Col. 5, Lns. 48-54). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper, Garth and Ingimundarson discloses wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate (The pair of extension arms of the intermediate portion 130 of Garth are coupled to the pectoral pads 26A, 26B which are interpreted as a support chest plate.).
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Annotated Fig. 2A of Ingimundarson
Regarding claim 22, Bledsoe in view of Hollister, Cropper and Garth discloses the anterior bracing system of claim 20.
Bledsoe in view of Hollister, Cropper and Garth does not disclose wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate.
However, Ingimundarson discloses a thoracic lumbar sacral orthotic comprising a pectoral assembly 24 and a pair of pectoral pads 26A, 26B. See Col. 5, Lns. 48-54 and Fig. 2. The pectoral assembly 24 comprises a pair of arms 49A, 49B that are analogous to the pair of extension arms of the intermediate portion 130 of Garth. The pair of pectoral pads are interpreted as a support chest plate.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to attach the pair of pectoral pads 26A, 26B of Ingimundarson to the pair of extension arms of the intermediate portion 103 of Garth attached to the device of Bledsoe. A skilled artisan would have been motivated to do so because Ingimundarson teaches that the pectoral pads 26A, 26B support the chest of the wearer and include padding and ventilation (Col. 5, Lns. 48-54). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic devices for the body.
As a result of the combination, Bledsoe in view of Hollister, Cropper, Garth and Ingimundarson discloses wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate (The pair of extension arms of the intermediate portion 130 of Garth are coupled to the pectoral pads 26A, 26B which are interpreted as a support chest plate.).
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Claims 14 and 18 are alternatively rejected under 35 U.S.C. 103 as being unpatentable over US 9,504,596 (Kozersky) in view of US 2014/0276311 (Hollister). This is in addition to the rejection above and does not overwrite the rejection of Bledsoe in view of Hollister.
Regarding claim 14, Kozersky discloses an anterior bracing system deployed as part of an orthopedic brace (Kozersky discloses a bracing system as seen in Fig. 1 and disclosed in the abstract. The examiner is relying on a broad interpretation of anterior in which anterior simply means “nearer the front”. Since the claims do not define a point of reference, the front of the device may be interpreted as anterior despite being positioned posterior to a user in Kozersky.), comprising:
an anterior panel (Rigid dorsal support panel 44 is interpreted as an anterior panel due to the broad interpretation taken above. The rigid dorsal support panel 44 is nearer the front of the device than right and left dorsal panels 46 and 48 as seen in Figs. 2-4, therefore, the rigid dorsal support panel 44 is anterior to the right and left dorsal panels 46 and 48.)
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Right and left dorsal panels 46 and 48 are interpreted as a plurality of telescopic lateral panels. According to Col. 6, Lns. 37-47, the right and left dorsal panels 46 and 48 are attached to the dorsal support panel 44 and allow for movement in the lateral and medial direction via pins 50, 52 and slots 60, 62.),
wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material (Col. 8, Lns. 52-56 – “The support panels and portions may be made of any dimensionally stable material, typically rigid enough to provide reinforcement to the lumbar portion of the brace, such as in reinforcement inserts known and used in the art, such as through use of a polymeric material.”).
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Kozersky does not disclose the anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel; and wherein each of the plurality of rotatable locking members is configured to rotate between an open position in which a telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and a closed position in which the telescopic lateral panel is locked into the selected extended orientation by a first rotatable locking member of the plurality of rotatable locking members coming into contact with and being coupled to a first fastener disposed on an anterior surface of the telescopic lateral panel while the fastener is situated under the anterior panel.
However, Hollister discloses a brace comprising a waist cuff 13, a waist belt 12, and a belt lock 86. Waist cuff 13 is analogous to the rigid dorsal support panel 44 of Kozersky in that they are the front surfaces of the respective braces and attach to a lateral belt/panel. The waist belt 12 is analogous to the right and left dorsal panels 46 and 48 of Kozersky in that both wrap around the user. The belt lock 86 is interpreted as a rotatable locking member with one belt lock 86 positioned on each side of the waist cuff 13, making a plurality. According to [0034], the belt lock comprises a hook component on its inner face that can be rotated to releasably lock the waist belt 12 into place. Additionally, the waist belt 12 comprises a loop component on its outer surface to mate with the hooks of belt lock 86.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the belt locks 86 of Hollister to each side of the rigid dorsal support panel 44 of Kozersky and to add loops to the outer surface of the right and left dorsal panels 46 and 48 of Kozersky as taught by Hollister. A skilled artisan would have been motivated to do so because Hollister teaches that the belt locks 86 can be rotated to releasably lock the waist belt into place ([0034]). This would allow a user of the brace of Kozersky as modified by Hollister to prevent the right and left dorsal panels 46 and 48 from medial or lateral translation when the belt locks 86 are engaged. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic braces with moveable panels.
As a result of the combination, Kozersky in view of Hollister discloses the anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel (The belt locks 86 of Hollister added to each side of rigid dorsal support panel 44 of Kozersky are interpreted as a plurality of rotatable locking members and are on opposing sides of the rigid dorsal support panel 44.); and
wherein each of the plurality of rotatable locking members is configured to rotate between an open position in which a telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and a closed position in which the telescopic lateral panel is locked into the selected extended orientation by a first rotatable locking member of the plurality of rotatable locking members coming into contact with and being coupled to a first fastener disposed on an anterior surface of the telescopic lateral panel while the fastener is situated under the anterior panel (The belt locks 86 of Hollister added to the rigid dorsal support panel 44 of Kozersky are configured to rotate between an open position, where the hook are not engaged with the loops of the right and left dorsal panels 46 and 48 of Kozersky after the modification in view of Hollister and the right and left dorsal panels 46 and 48 of Kozersky may be placed into a selected extended orientation, and a closed position, where the hooks of the belt locks 86 mate with the loops of the right and left dorsal panels 46 and 48 of Kozersky such that the right and left dorsal panels 46 and 48 of Kozersky are locked into the selected extended orientation. The added loops to the outer surface of the right and left dorsal panels 46 and 48 of Kozersky after the modification in view of Hollister are interpreted as fasteners and are disposed on the anterior surface of the right and left dorsal panels 46 and 48. The belt locks 86 come into contact with and couple to the loops disposed on an anterior surface of the right and left dorsal panels 46 and 48 while the loops are at least partially situated under the anterior panel.).
Regarding claim 18, Kozersky in view of Hollister discloses the anterior bracing system of claim 14, wherein each of the plurality of telescopic lateral panels includes a set of guide channels oriented in a lateral and medial direction (Right and left dorsal slots 60, 62 are interpreted as guide channels and are oriented in a lateral and medial direction. See Col. 6, Lns. 37-47.),
a first set of guide channels is configured to receive and retain a corresponding guide post coupled to a first telescopic lateral panel of the plurality telescopic lateral panels, thereby enabling the first telescopic lateral panel to extend or retract (Right and left dorsal slots 60, 62 receive and retain right and left dorsal pins 50, 52 which enable the right and left dorsal panels 46, 48 to extend or retract. See Col. 6, Lns. 37-47.).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-2, 8-10, 12, 14-15 and 19-22 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, and 11-15 of copending Application No. 18/162,383. This is a provisional nonstatutory double patenting rejection.
Regarding claim 1, copending Application No. 18/162,383 discloses an anterior bracing system deployed as part of an orthopedic brace (Claim 11: “The orthopedic brace of claim 1, wherein the anterior bracing system”), comprising:
an anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel, the anterior panel is configured to rest against a front torso of a patient; (Claim 11: “an anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel”. Since the orthopedic brace as claimed in claim 11 includes an anterior bracing system, it anticipates this limitation as the anterior panel would be capable of resting against a front torso of a patient.); and
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Claim 11: “the second plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction”),
wherein the plurality of telescopic lateral panels are disposed on a posterior side of the anterior panel (Claim 11: “wherein the second plurality of telescopic lateral panels are disposed on a posterior side of the anterior panel”), and
wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material (Claim 9: “a plurality of rigid telescopic panels”),
wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that when in the open position, the plurality of telescopic lateral panels are configured to extend or retract and when in the closed position, the plurality of telescopic lateral panels are locked in a current position by each of the plurality of rotatable locking members coming into contact with and being coupled to a fastener disposed on an anterior surface of the lateral panels while the fastener is situated under the anterior panel (Claim 11: “wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that (i) when in the open position, the second plurality of telescopic lateral panels are able to extend or retract, and (ii) when in the closed position, the second plurality of telescopic lateral panels are locked in a current position”. Claim 12: “wherein at least the third telescopic lateral panel of the second plurality of telescopic lateral panels includes an anterior surface with a first fastener disposed thereon, the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members”).
Regarding claim 2, copending Application No. 18/162,383 discloses the anterior bracing system of claim 1, wherein at least a first telescopic lateral panel of the plurality of telescopic lateral panels includes the anterior surface with a first fastener corresponding to the fastener disposed thereon (Claim 12: “The orthopedic brace of claim 11, wherein at least the third telescopic lateral panel of the second plurality of telescopic lateral panels includes an anterior surface with a first fastener disposed thereon”.),
the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members (Claim 12: “the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members.”).
Regarding claim 8, copending Application No. 18/162,383 discloses the anterior bracing system of claim 1, wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod (Claim 13: “The orthopedic brace of claim 11, wherein the anterior panel of the anterior bracing system further comprises (i) an opening receptacle adapted to receive an extension rod”) and
(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position (Claim 13: “(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position.”).
Regarding claim 9, copending Application No. 18/162,383 discloses the anterior bracing system of claim 8, wherein a first distal end of the extension rod includes a wishbone coupler (Claim 14: “The orthopedic brace of claim 13, wherein a first distal end of the extension rod includes a wishbone coupler,”),
the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler (Claim 14: “the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler.”).
Regarding claim 10, copending Application No. 18/162,383 discloses the anterior bracing system of claim 9, wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace supported by the wishbone coupler (Claim 15: “The orthopedic brace of claim 14, wherein the pair of extension arms of the wishbone coupler are coupled to either (i) a cervical thoracic orthosis (CTO) clip securely fastened to the cervical collar brace or (ii) a support chest plate.”).
Regarding claim 12, copending Application No. 18/162,383 discloses the anterior bracing system of claim 9, wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate (Claim 15: “The orthopedic brace of claim 14, wherein the pair of extension arms of the wishbone coupler are coupled to either (i) a cervical thoracic orthosis (CTO) clip securely fastened to the cervical collar brace or (ii) a support chest plate.”).
Regarding claim 14, copending Application No. 18/162,383 discloses an anterior bracing system deployed as part of an orthopedic brace (Claim 11: “The orthopedic brace of claim 1, wherein the anterior bracing system”), comprising:
an anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel (Claim 11: “an anterior panel including a plurality of rotatable locking members each disposed on an opposing side of the anterior panel”); and
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Claim 11: “the second plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction”), and
wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material (Claim 9: “a plurality of rigid telescopic panels”),
wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that when in the open position, the plurality of telescopic lateral panels are configured to extend or retract and when in the closed position, the plurality of telescopic lateral panels are locked in a current position by a first rotatable locking member of the plurality of rotatable locking members coming into contact with and being coupled to a first fastener disposed on an anterior surface of the telescopic lateral panel while the fastener is situated under the anterior panel (Claim 11: “wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that (i) when in the open position, the second plurality of telescopic lateral panels are able to extend or retract, and (ii) when in the closed position, the second plurality of telescopic lateral panels are locked in a current position”. Claim 12: “wherein at least the third telescopic lateral panel of the second plurality of telescopic lateral panels includes an anterior surface with a first fastener disposed thereon, the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members”).
Regarding claim 15, copending Application No. 18/162,383 discloses the anterior bracing system of claim 14, wherein at least the first telescopic lateral panel of the plurality of telescopic lateral panels includes the anterior surface with the first fastener disposed thereon (Claim 12: “The orthopedic brace of claim 11, wherein at least the third telescopic lateral panel of the second plurality of telescopic lateral panels includes an anterior surface with a first fastener disposed thereon”.),
the first fastener is complementary to a second fastener disposed on a posterior side of the first rotatable locking member of the plurality of rotatable locking members (Claim 12: “the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members.”).
Regarding claim 19, copending Application No. 18/162,383 discloses the anterior bracing system of claim 14, wherein the anterior panel further includes (i) an opening receptacle adapted to receive an extension rod (Claim 13: “The orthopedic brace of claim 11, wherein the anterior panel of the anterior bracing system further comprises (i) an opening receptacle adapted to receive an extension rod”) and
(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position (Claim 13: “(ii) an extension rod locking member adapted to rotate between an open position that allows for a release or insertion of the extension rod and a closed position to lock and retain the extension rod in a particular position.”).
Regarding claim 20, copending Application No. 18/162,383 discloses the anterior bracing system of claim 19, wherein a first distal end of the extension rod includes a wishbone coupler (Claim 14: “The orthopedic brace of claim 13, wherein a first distal end of the extension rod includes a wishbone coupler,”),
the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler (Claim 14: “the wishbone coupler includes a body portion and a pair of extension arms extends in a superior direction and at slightly opposing angles relative to a midline of the wishbone coupler.”).
Regarding claim 21, copending Application No. 18/162,383 discloses the anterior bracing system of claim 20, wherein the pair of extension arms of the wishbone coupler are coupled to a cervical thoracic orthosis (CTO) clip that is securely fastened to a cervical brace supported by the wishbone coupler (Claim 15: “The orthopedic brace of claim 14, wherein the pair of extension arms of the wishbone coupler are coupled to either (i) a cervical thoracic orthosis (CTO) clip securely fastened to the cervical collar brace or (ii) a support chest plate.”).
Regarding claim 22, copending Application No. 18/162,383 discloses the anterior bracing system of claim 20, wherein the pair of extension arms of the wishbone coupler are coupled to a support chest plate (Claim 15: “The orthopedic brace of claim 14, wherein the pair of extension arms of the wishbone coupler are coupled to either (i) a cervical thoracic orthosis (CTO) clip securely fastened to the cervical collar brace or (ii) a support chest plate.”).
Claim 23 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 9, 11 and 12 of copending Application No. 18/162,383 in view of US 2011/0077567 (Bledsoe). This is a provisional nonstatutory double patenting rejection.
Regarding claim 23, copending Application No. 18/162,383 discloses an anterior bracing system (Claim 11: “The orthopedic brace of claim 1, wherein the anterior bracing system”), comprising:
an anterior panel (Claim 11: “an anterior panel”);
a plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction (Claim 11: “the second plurality of telescopic lateral panels configured to extend in a lateral direction or retract in a medial direction”), and
wherein each of the plurality of telescopic lateral panels are formed of a rigid or semi-rigid material (Claim 9: “a plurality of rigid telescopic panels”),
wherein each telescopic lateral panel of the plurality of telescopic lateral panels is placed into a selected extended orientation and locked using a locking member to maintain in the selected extended orientation; wherein the locking member is configured to rotate between an open position and a closed position such that, when in the open position, a first telescopic lateral panel of the plurality of telescopic lateral panels is configured to extend or retract, and when in the closed position, the first telescopic lateral panel is locked in a current position by the locking member coming into contact with and being coupled to a fastener disposed on an anterior surface of the first telescopic lateral panel while the fastener is situated under the anterior panel. (Claim 11: “the second plurality of telescopic lateral panels are able to extend or retract”; “the second plurality of telescopic lateral panels are locked in a current position”. Claim 11: “wherein the plurality of rotatable locking members are configured to rotate between an open position and a closed position such that (i) when in the open position, the second plurality of telescopic lateral panels are able to extend or retract, and (ii) when in the closed position, the second plurality of telescopic lateral panels are locked in a current position”. Claim 12: “wherein at least the third telescopic lateral panel of the second plurality of telescopic lateral panels includes an anterior surface with a first fastener disposed thereon, the first fastener is complementary to a second fastener disposed on a posterior side of a first rotatable locking member of the plurality of rotatable locking members”).
Copending Application No. 18/162,383 does not disclose a padding; an interior chamber formed between the anterior panel and the padding.
However, Bledsoe discloses in [0021], “[e]ither or both of the back plate and the air bladder can be used alternatively at the front side or anterior side of the user.” The air bladder 118 is configured to aid in padding and is interpreted as padding. See [0069]. The “back plate” is analogous to the anterior panel when positioned in the front and the air bladder 118 is positioned posterior the plate. Therefore, a chamber is formed between the air bladder and plate.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date for the anterior panel of Copending Application No. 18/162,383 to comprise an air bladder positioned posterior the anterior panel as taught by Bledsoe. A skilled artisan would have been motivated to do so because Bledsoe teaches that the air bladder provides comfort to the wearer ([0069]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic device for the body.
As a result of the combination, Copending Application No. 18/162,383 in view of Bledsoe discloses a padding (An air bladder disposed posterior to the anterior panel in view of Bledsoe.); and an interior chamber formed between the anterior panel and the padding (A chamber is formed by the air bladder being disposed posterior to the anterior panel and the second plurality of telescopic lateral panels are disposed on a posterior side of the anterior panel. Therefore, the second plurality of telescopic lateral panels extend in a lateral direction or retract in a medial direction in the interior chamber formed between the anterior panel and the padding.).
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter.
Claim 5 contains allowable subject matter as the closest prior art of record is US 9,504,596 (Kozersky) in view of US 2014/0276311 (Hollister), however claim 5 depends from claim 1 which requires that the anterior panel is configured to rest against a front torso of a patient. It would not be obvious to modify Kozersky to be configured to rest against a front torso of a patient and the prior art either singly or in combination does not disclose wherein the first telescopic lateral panel of the plurality of telescopic lateral panels includes a plurality of guide channels and that each of the plurality of guide channels is configured to receive and retain a corresponding guide post mounted on the anterior panel.
Therefore, claim 5 is indicated as containing allowable subject matter. Claim 5 is 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.
Conclusion
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/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
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