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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 6-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 9 and 19 recite the limitation "the two straps". There is insufficient antecedent basis for this limitation in the claim. In claims 8 and 18 the body is optionally claimed as being able to be configured as two straps, making it unclear if the body being two straps is positively claimed.
Claim 13 recites the limitation "the walker" in line 7. There is insufficient antecedent basis for this limitation in the claim. The walker is previously functionally claimed, making it unclear if a walker is part of the walker safety device.
The term “too much” in claims 6 and 13 is a relative term which renders the claim indefinite. The term “too much” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11, 13, and 15-20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Waud US 2019/0046346.
Regarding claim 1, Waud discloses a walker safety strap device (101) that assists a user in using a walker, the walker safety strap device comprising: a body component (112) comprising opposing right and left ends; a securing means (116) secured to both the opposing right and left ends; and a breakaway buckle (114) positioned in middle of the body component; wherein the body component is secured between a top of a pair of rear legs of the walker to maintain the user within the walker during use (Waud, Figure 1); wherein if pressure is applied to the body component, the breakaway buckle separates to prevent injury (Waud, ¶0066); and further wherein the walker safety strap device functions as a precise marker of where the user should be standing when using the walker.
Regarding claim 2, Waud further discloses the walker comprises a right two leg portions rigidly connected to a left two leg portions via a front portion, leaving an open back portion which forms a user region for the user to stand during use (Waud, Figure 1).
Regarding claim 3, Waud further discloses the right two leg portions comprise a front leg portion and a rear leg portion and the left two leg portions comprise a front leg portion and a rear leg portion (Waud, Figure 1).
Regarding claim 4, Waud further discloses the body component being disposed between the right rear leg portion and the left rear leg portion to secure and enclose the user within the user region (Waud, Figure 1).
Regarding claim 5, Waud further discloses the body component comprising a front side, a back side, opposing right and left ends, and opposing top and bottom ends (Waud, Figure 1).
Regarding claim 6, Waud further discloses the breakaway buckle is positioned in the middle of the body component and acts to separate the body component when too much pressure is applied, preventing users from using the body component as a seat or support (Waud, Figure 1, ¶0066).
Regarding claims 7-9, Waud further discloses the securing means is a C-shaped hook (506), which releasably secures around the right and left rear leg portions of the walker (Waud, ¶0044, 0046). Waud further discloses the device capable of performing the functional language of claims 8 and 9.
Regarding claim 10, Waud further discloses the body component being an elastic band (Waud, ¶0060).
Regarding claim 11, Waud further discloses the body component is adjustable based on size of the user and the walker being utilized (Waud, ¶0010).
Regarding claim 13, Waud discloses a walker safety strap device that assists a user in using a walker, the walker safety strap comprising: a body component (101) comprising a front side, a back side, opposing right and left ends, and opposing top and bottom ends; a C-shaped hook (506) secured to both the opposing right and left ends (Waud, ¶0044, 0046); and a breakaway buckle (110, 111) positioned in middle of the body component; wherein the body component is secured between a top of a pair of rear legs of the walker to maintain the user within the walker during use (Waud, Figure 1); wherein the breakaway buckle is positioned in the middle of the body component and acts to separate the body component when too much pressure is applied (Waud, ¶0066), thereby preventing the user from using the body component as a seat or support and preventing injuries; wherein the body component is an adjustable elastic band (Waud, ¶0060); and further wherein the walker safety strap device functions as a precise marker of where the user should be standing when using the walker (Waud, Figure 2a).
Regarding claim 15, Waud further discloses the walker comprising a right two leg portions rigidly connected to a left two leg portions via a front portion, leaving an open back portion which forms a user region for the user to stand during use (Waud, Figure 1).
Regarding claim 16, Waud further discloses he right two leg portions comprise a front leg portion and a rear leg portion and the left two leg portions comprise a front leg portion and a rear leg portion (Waud, Figure 1).
Regarding claims 17-19, Waud further discloses the body component is disposed between the right rear leg portion and the left rear leg portion to secure and enclose the user within the user region (Waud, Figure 1). Waud is further capable of performing the functional limitations of claims 18 and 19.
Regarding claim 20, Waud discloses a method of providing stability to a user when utilizing a walker, the method comprising the following steps: providing a walker safety strap device comprising a body (101) component with a C-shaped hook (506) at opposing ends (Waud, ¶0044, 0046), which secures to the walker and a breakaway buckle (110, 111) in the middle; positioning the user within the walker in a conventional standing position; securing the C-shaped hooks to the walker, such that the strap device is positioned behind the user (Waud, Figure 2a); and utilizing the walker normally and allowing the strap device to provide stability and safety to a user (Waud, abstract).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waud US 2019/0046346 in view of Qualls et al US 2022/0370279.
Regarding claim 14, Waud discloses the device of claim 13 but fails to disclose indicia. Qualls teaches a plurality of indicia (190)(Qualls, ¶0022). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the device of Waud with a plurality of indicia as taught by Qualls as to provide identification on the device.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waud US 2019/0046346 in view of Swiniarski US 2015/0238381.
Regarding claim 12, Waud discloses the device of claim 11 but fails to disclose the body component having a plurality of lights. Swiniarski teaches a body component of a walker having a plurality of lights (Swiniarski, ¶0034). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to modify the body component of Waud with a plurality of lights as taught by Swiniarski to illuminate the device in dimly lit conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 10,064,782.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642