DETAILED ACTION
This is a Final Rejection for Application 18/189,063 filed March 23, 2023. This application claims the benefit of Provisional Application 63/269,798 filed March 23, 2022. Claims 5-22 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 .
Response to Amendment
The amended claims filed August 13, 2026 are acknowledged.
The claim objections indicated in the Office action filed March 13, 2026 are overcome by amendment and are hereby withdrawn.
The 35 USC § 112(b) claim rejection indicated in the Office action filed March 13, 2026 is overcome by amendment and is hereby withdrawn.
The 35 USC § 101 claim rejections indicated in the Office action filed March 13, 2026 are overcome by amendment and are hereby withdrawn.
The 35 USC § 103 claim rejections indicated in the Office action filed March 13, 2026 are overcome by amendment and are hereby withdrawn. Claims 5 and 11 have changed in scope due to the amendments, therefore new grounds of rejection are presented below.
Response to Arguments
Applicant’s arguments with respect to the amended limitations of claims 5 and 11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 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) 5-6, 8, 10 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2014/0213953 (Heyd et al.), US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee) and US 2017/0252197 (Hinshon).
Regarding claim 5, Buethorn discloses a reinforced ankle foot orthosis (AFO) (Abstract – “A corrective device to be worn on a human foot having a misalignment and positioned inside of footwear.”), comprising:
an AFO main body formed of a first material ([0108] – “A medium height orthotic support device implementation 340 is shown in FIGS. 24-29 as having an inner shell 342 and an outer shell 344.” The inner shell 342 is interpreted as an AFO main body. [0108] – “the inner shell 342 and the outer shell 344 can be made from substantially the same material, similar material or even different material”.), comprising:
a heel section configured to surround a user's heel (posterior wall portion 352),
a foot portion extending forwardly from the heel section in a manner to surround and support a portion of a forefoot of a user (base portion 306; Figs. 27 and 28.);
an open toe portion extending forwardly from a bottom part of the foot portion and further extend below the forefoot of the user (anterior portion 308; Fig. 25);
an upper section extending upwardly from the heel section and configured to substantially surround the user's heel and configured to extend upward from below the ankle both medially and laterally to a point above an ankle joint of the user (posterior medial wall portion 348; posterior lateral wall portion 350; [0109] – “The inner shell 342 further includes an anterior medial wall portion 344, an anterior lateral wall portion 346, a posterior medial wall portion 348, a posterior lateral wall portion 350, and a posterior wall portion 352, which are shaped and extended farther than corresponding regions of the inner shell 302 of the short height orthotic device 300 to provide orthotic support and/or manipulation to a human foot and additional regions and can include those regions mentioned above for the short height orthotic device and also can include but not be limited to such regions as malleolus regions and talocrural regions.” Fig. 27.); and
wherein the material forming the main body has a predetermined level of flexibility ([0108] – “the inner shell 342 and the outer shell 344 […] may have varying rigidity and flexibility characteristics to accomplish an overall targeted balance of a desired degree of orthotic support and/or manipulation and an acceptable user comfort level.”); and
a stirrup footplate bonded to a bottom side of the AFO main body to provide reinforcement (outer shell 344),
the stirrup footplate having a generally plate-like elongated configuration which extends along a main axis ([0110] – “The outer shell 344 includes the base portion 320 with the anterior portion 322 and the heel portion 323.” Figs. 24-28.),
and having a heel end (heel portion 323);
wherein the stirrup footplate is formed from a second material having a predetermined stiffness which is stiffer than the first material of the AFO ([0108] – “the inner shell 342 and the outer shell 344 can be made from substantially the same material, similar material or even different material […] and may have varying rigidity and flexibility characteristics to accomplish an overall targeted balance of a desired degree of orthotic support and/or manipulation and an acceptable user comfort level.”),
wherein the stirrup footplate will provide a support profile that provides a combined level of support to the user's heel and footplate when the AFO is worn by a user ([0108] – “the inner shell 342 and the outer shell 344 can be made from substantially the same material, similar material or even different material […] and may have varying rigidity and flexibility characteristics to accomplish an overall targeted balance of a desired degree of orthotic support and/or manipulation and an acceptable user comfort level.”).
Buethorn does not disclose wherein the AFO is unitary; a closure mechanism coupled to the heel section to provide closure of the AFO around the user's ankle; the stirrup footplate further having a front end portion bonded to and positioned below substantially an entire length of only the bottom side of the foot portion and the open toe portion of the AFO; wherein a forefoot structure formed by the bonded stirrup footplate and the open toe portion of the AFO is configured to create a ground reaction force that encourages knee extension, propulsion at push-off and contralateral increase step length and the heel end with a cross-like shape bonded to and positioned below the heel section of the AFO; wherein the cross-like configuration has a pair of lateral extensions extending substantially perpendicularly from the main axis and sized so that an end portion of each lateral extension will extend up a side of the heel portion; the cross-like configuration further having a heel extension at the heel end extending along the main axis; the heel extension extending at least partially up a rear portion of the heel section of the AFO; and wherein the bonding of the stirrup footplate to the main body forms the unitary reinforced AFO.
However, Heyd teaches an analogous AFO with an inner and outer shell and a closure mechanism (Fig 1, closure mechanism 52).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Buethorn with a closure mechanism as taught by Heyd et al in order to better engage the user (Heyd et al [0030]).
Additionally, Kimura teaches an analogous foot orthosis that is combined with a larger foot support (in this case a shoe) having a heel end with a cross-like shape configured to be positioned below the heel section of the heel section of the AFO (Fig 25-26, body 1, heel end 23, cross with extensions 3), wherein the cross-like configuration has a pair of lateral extensions extending substantially perpendicularly from the main axis and sized so that an end portion of each lateral extension will extend up a side of the heel portion (Fig 26, lateral extensions 3 and 3’; [0071], body is a thermoplastic so it is formable), the cross-like configuration further having a heel extension at the heel end extending along the main axis (Fig 25-26, body 1, heel end 23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the heel and ankle portion of Buethorn in view of Heyd to have a cross configuration as taught by Kimura in order to allow for better modification to the user (Kimura et al [0076]).
Additionally, Hinshon teaches an AFO 10 comprising an inner boot 14 and an outer boot 12. The inner boot 14 and outer boot 12 of Hinshon are analogous to the inner shell 342 and outer shell 344 of Buethorn. The outer boot 12 comprises an extension 44 that extends sufficiently to support the phalangeal region, or toes, of a user's foot; [0044]; Fig. 2. The outer boot 12 is interpreted as a stirrup footplate and the front end portion thereof is positioned below substantially an entire length of only the bottom side of the foot portion of the inner boot 14 and the open toe portion at the distal end 60 of the inner boot 14. The extension 44 and distal end 60 of the AFO are configured to create a ground reaction force that encourages knee extension, propulsion at push-off and contralateral increase step length; [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the anterior portion 320 of Buethorn to extend the entire length of the anterior portion 308 as taught by Hinshon. A skilled artisan would have been motivated to do so because Hinshon teaches that the extension 44 is deformed, thereby creating stored energy, which is released to provide plantar flexion-power assistance as the user transitions from stance phase to swing phase, facilitating longer step lengths and normal foot clearance ([0062]).
Finally, Lee teaches an analogous foot plate bonded to a main body in the form of an outsole 24 attached to a lower surface of a midsole 22 by adhesive bonding. See [0016] and Fig. 1.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer shell to be adhesively bonded to the inner shell of Buethorn in view of Heyd and Kimura as taught by Lee so that the shells retain their positions relative to one another to prevent slipping and to absorb and disperse shocks applied to the foot during walking and running (Lee [0016]). By bonding the outer shell and inner shell of Buethorn, the AFO is unitary.
Regarding claim 6, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the ankle foot orthosis (AFO) of claim 5 wherein the stirrup footplate has a predetermined thickness in a range of 1/16 inch to 1/4 inch (Buethorn claim 5; 0.0625 inches is 1/16 inch.).
Regarding claim 8, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the ankle foot orthosis of claim 5 wherein the pair of lateral extensions includes an outside extension and an inside extension, and wherein the outside extension is configured to extend upwardly to a location below a user's fibula making up the lateral malleolus and tibia making up the medial malleolus (posterior medial wall portion 348; posterior lateral wall portion 350; [0109] – “The inner shell 342 further includes an anterior medial wall portion 344, an anterior lateral wall portion 346, a posterior medial wall portion 348, a posterior lateral wall portion 350, and a posterior wall portion 352, which are shaped and extended farther than corresponding regions of the inner shell 302 of the short height orthotic device 300 to provide orthotic support and/or manipulation to a human foot and additional regions and can include those regions mentioned above for the short height orthotic device and also can include but not be limited to such regions as malleolus regions and talocrural regions.” Fig. 27.).
Regarding claim 10, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the ankle foot orthosis of claim 5 wherein the AFO main body is sized to fit within a shoe of the user (Buethorn Fig. 29).
Regarding claim 17, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the AFO of claim 5 wherein the footplate of the AFO main body are configured to extend to a position below the user's toes (anterior portion 308; Figs. 24, 27 and 28; [0110] – “In other implementations the anterior portion 308 can be adjusted to extend either more or less forward than depicted in FIG. 24”. Extension 44 in view of Hinshon.).
Regarding claim 18, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the AFO of claim 17 wherein the front end portion of the stirrup footplate is configured to extend to a position beyond the user's toes (The anterior portion 322 extends to a position beyond the user’s toes as the anterior portion 308 does as well and the length of the anterior portion 322 is modified to extend the same length. Fig. 28.).
Regarding claim 19, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the AFO of claim 5 wherein bonding of the stirrup footplate to the footplate of the AFO main body is achieved by thermal bonding, mechanical bonding or adhesive bonding (As a result of the modification in response to claim 5, the outer shell and inner shell are bonded by adhesive bonding as taught by Lee.).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2014/0213953 (Heyd et al.), US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee) and US 2017/0252197 (Hinshon), and further in view of WO 2019/076647 (Best).
Regarding claim 7, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the ankle foot orthosis (AFO) of claim 6.
Buethorn in view of Heyd, Kimura, Lee and Hinshon is silent on wherein the stirrup footplate is formed of polypropylene and carbon infused polycarbonate.
Best teaches an analogous foot orthotic plastic that is formed of polypropylene and carbon infused polycarbonate (pg. 2, lns. 10-20; pg. 2, ln. 25-pg. 3 ln. 10, mixture of polypropylene and polycarbonate, both infused with carbon via the wood).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material Buethorn in view of Heyd, Kimura, Lee and Hinshon to be the mixture as taught by Best in order to create a stable but light weight system (Best pg. 2, lns. 10-20).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2014/0213953 (Heyd et al.), US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee) and US 2017/0252197 (Hinshon), and further in view of US 5,425,701 (Oster et al.).
Regarding claim 9, Buethorn in view of Heyd, Kimura, Lee and Hinshon discloses the ankle foot orthosis of claim 8.
Buethorn in view of Heyd, Kimura, Lee and Hinshon is silent on wherein the stirrup footplate is symmetric relative to the main axis and each of the lateral extensions are of the same length.
Oster teaches an analogous foot support system with a t-shape having a stirrup footplate continuous main body that is symmetrical along the main axis (col. 4, lns. 60-65, sole 22 is mirrored)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stirrup shaping of Buethorn in view of Heyd, Kimura, Lee and Hinshon to be symmetrical as taught by Oster in order to allow for use with either foot (Oster col. 4, lns. 55-60).
Claim(s) 11, 13 and 20-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee), US 2017/0252197 (Hinshon) and US 5,762,622 (Lamont).
Regarding claim 11, Buethorn discloses an ankle foot orthosis (AFO) (Abstract – “A corrective device to be worn on a human foot having a misalignment and positioned inside of footwear.”) comprising:
a main boot portion configured to surround a user's ankle ([0108] – “A medium height orthotic support device implementation 340 is shown in FIGS. 24-29 as having an inner shell 342 and an outer shell 344.” The inner shell 342 is interpreted as an AFO main boot portion. Posterior medial wall portion 348; posterior lateral wall portion 350; [0109] – “The inner shell 342 further includes an anterior medial wall portion 344, an anterior lateral wall portion 346, a posterior medial wall portion 348, a posterior lateral wall portion 350, and a posterior wall portion 352, which are shaped and extended farther than corresponding regions of the inner shell 302 of the short height orthotic device 300 to provide orthotic support and/or manipulation to a human foot and additional regions and can include those regions mentioned above for the short height orthotic device and also can include but not be limited to such regions as malleolus regions and talocrural regions.” Fig. 27.);
a foot portion configured to sit below and surround a portion of a user’s forefoot (base portion 306; Figs. 27 and 28.);
an open toe portion configured to extend below to a front end of a user's foot (anterior portion 308; Fig. 25); and
a stirrup footplate having a continuous main body which is coupled to the foot portion (outer shell 344), the stirrup footplate having a front end portion and a heel end portion (anterior portion 322; heel portion 323). wherein the front end portion is situated below only a bottom portion the foot portion and the open toe portion, the substantially rectangular front end portion further extending to a location proximate a front end of the open toe portion thereby providing additional support for the front of the user's foot, providing support for a user's sagittal plane deficits when used, and creating a ground reaction force that encourages knee extension, propulsion at push-off and contralateral increase step length
Buethorn does not disclose wherein the AFO is a unitary single piece; wherein the continuous main body is bonded to the foot portion; wherein the front end portion is substantially rectangular; wherein the front end portion is situated below only a bottom portion the foot portion and the open toe portion, the substantially rectangular front end portion further extending to a location proximate a front end of the open toe portion thereby providing additional support for the front of the user's foot, providing support for a user's sagittal plane deficits when used, and creating a ground reaction force that encourages knee extension, propulsion at push-off and contralateral increase step length; and wherein the heel end of the stirrup footplate has a cross-like structure with a central portion of the cross-like structure is configured to be below the heel of the user, the cross-like structure further having a heel extension, a first side extension and a second side extension, wherein the heel extension is configured to extend beyond the user's heel and up a back portion of the AFO, the first side extensions extend from below the heel and up a medial side of the AFO and the second side extension is configured to extend from below the heel and up a lateral side of the AFO, wherein the heel end, the first side extension and the second side extension of the stirrup footplate are configured to provide additional support holding the user's foot in place.
However, Kimura teaches an analogous foot orthosis that is combined with a larger foot support (in this case a shoe) having a heel end with a cross-like shape configured to be positioned below the heel section of the heel section of the AFO (Fig 25-26, body 1, heel end 23, cross with extensions 3), wherein the cross-like configuration has a pair of lateral extensions extending substantially perpendicularly from the main axis and sized so that an end portion of each lateral extension will extend up a side of the heel portion (Fig 26, lateral extensions 3 and 3’; [0071], body is a thermoplastic so it is formable), the cross-like configuration further having a heel extension at the heel end extending along the main axis (Fig 25-26, body 1, heel end 23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shape of the heel and ankle portion of Buethorn in view of Heyd to have a cross configuration as taught by Kimura in order to allow for better modification to the user (Kimura et al [0076]).
Additionally, Lee teaches an analogous foot plate bonded to a main body in the form of an outsole 24 attached to a lower surface of a midsole 22 by adhesive bonding. See [0016] and Fig. 1.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer shell to be adhesively bonded to the inner shell of Buethorn in view of Heyd and Kimura as taught by Lee so that the shells retain their positions relative to one another to prevent slipping and to absorb and disperse shocks applied to the foot during walking and running (Lee [0016]). By bonding the outer shell and inner shell of Buethorn, the AFO is unitary.
Additionally, Lamont discloses an analogous ankle foot orthosis with a cushion 14 analogous to the shells of Buethorn in view of Kimura and Lee. Lamont teaches that the cushion 14 has a central portion 48 and a pair of side panels or wings 50 and 52 and that the central portion 48 of the cushion has a somewhat rectangular configuration. Col. 3, Lns. 54-64 and Figs. 1 and 2.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the front end portion of the anterior portion 322 of Buethorn in view of Kimura and Lee to be substantially rectangular as taught by Lamont such that the cushion is shaped to accommodate the user’s foot within a boot (Lamont Col. 4, Lns. 3-10).
Finally, Hinshon teaches an AFO 10 comprising an inner boot 14 and an outer boot 12. The inner boot 14 and outer boot 12 of Hinshon are analogous to the inner shell 342 and outer shell 344 of Buethorn. The outer boot 12 comprises an extension 44 that extends sufficiently to support the phalangeal region, or toes, of a user's foot; [0044]; Fig. 2. The outer boot 12 is interpreted as a stirrup footplate and the front end portion thereof is positioned below substantially an entire length of only the bottom side of the foot portion of the inner boot 14 and the open toe portion at the distal end 60 of the inner boot 14. The extension 44 and distal end 60 of the AFO are configured to create a ground reaction force that encourages knee extension, propulsion at push-off and contralateral increase step length; [0062].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the anterior portion 320 of Buethorn to extend the entire length of the anterior portion 308 as taught by Hinshon. A skilled artisan would have been motivated to do so because Hinshon teaches that the extension 44 is deformed, thereby creating stored energy, which is released to provide plantar flexion-power assistance as the user transitions from stance phase to swing phase, facilitating longer step lengths and normal foot clearance ([0062]).
Regarding claim 13, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 11 wherein the continuous main body is generally elongated extending along a main axis (outer shell 344 extends along a main axis. Fig. 24.).
Regarding claim 20, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 13 wherein the main body foot portion are configured to extend to a location below the user's toes (anterior portion 308; Figs. 24, 27 and 28; [0110] – “In other implementations the anterior portion 308 can be adjusted to extend either more or less forward than depicted in FIG. 24”. Extension 44 in view of Hinshon.).
Regarding claim 21, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 13 wherein the front end portion of the stirrup footplate extends to a position beyond the user's toes (The anterior portion 322 extends to a position beyond the user’s toes as the anterior portion 308 does as well and the length of the anterior portion 322 is modified to extend the same length. Fig. 28.).
Regarding claim 22, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 13 wherein bonding of the stirrup footplate to the footplate of the AFO main body is achieved by thermal bonding, mechanical bonding or adhesive bonding (As a result of the modification in response to claim 11, the outer shell and inner shell are bonded by adhesive bonding as taught by Lee.).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee) and US 5,762,622 (Lamont), and further in view of WO 2019/076647 (Best).
Regarding claim 12, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 11.
Buethorn in view of Kimura, Lee, Hinshon and Lamont does not disclose wherein the continuous main body is formed of polypropylene and carbon infused polycarbonate.
Best teaches an analogous foot orthotic plastic that is formed of polypropylene and carbon infused polycarbonate (pg. 2, lns. 10-20; pg. 2, ln. 25-pg. 3 ln. 10, mixture of polypropylene and polycarbonate, both infused with carbon via the wood).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material Buethorn in view of Kimura, Lee, Hinshon and Lamont to be the mixture as taught by Best in order to create a stable but light weight system (Best pg. 2, lns. 10-20).
Claims 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2010/0238928 (Buethorn) in view of US 2012/0304491 (Kimura et al.), US 2020/0383423 (Lee) and US 5,762,622 (Lamont), and further in view of US 5,425,701 (Oster et al.).
Regarding claim 14, Buethorn in view of Kimura, Lee, Hinshon and Lamont discloses the AFO of claim 13.
Buethorn in view of Kimura, Lee, Hinshon and Lamont does not disclose wherein the continuous main body is symmetrical along the main axis.
Oster teaches an analogous foot support system with a t-shape having a stirrup footplate continuous main body that is symmetrical along the main axis (col. 4, lns. 60-65, sole 22 is mirrored)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stirrup shaping of Buethorn in view of Kimura, Lee, Hinshon and Lamont to be symmetrical as taught by Oster in order to allow for use with either foot (Oster col. 4, lns. 55-60).
Regarding claim 15, Buethorn in view of Kimura, Lee, Hinshon, Lamont and Oster discloses the AFO of claim 14.
Buethorn in view of Kimura, Lee, Hinshon, Lamont and Oster, as applied above, does not disclose wherein the continuous main body further includes a transition area between the front end portion and the heel end, and wherein a width of the transition area in a direction perpendicular to the main axis is narrower than a width at any portion of the continuous main body.
Oster further disclose regions shown with a difference in width. The insert 30 of Oster is analogous to the outer shell of Buethorn in view of Kimura, Lee, Hinshon, Lamont and Oster, as applied above, and includes a transition area (notches 40) between the front end portion and the heel end, and wherein a width of the transition area in a direction perpendicular to the main axis is narrower than a width at any portion of the continuous main body (Oster Fig 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the stirrup shaping of Buethorn in view of Kimura, Lee, Hinshon, Lamont and Oster, as applied above, to include a narrow transition area as taught by Oster in order to allow for the proper alignment of the insert with the sole (Oster Col. 7, Lns. 21-29).
Regarding claim 16, Buethorn in view of Kimura, Lee, Hinshon, Lamont and Oster discloses the AFO of claim 14 wherein the continuous main body has a predetermined thickness which is in a range of 1/16 inch to 1/4 inch (Buethorn claim 5; 0.0625 inches is 1/16 inch.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Seth Brown whose telephone number is (571)272-5642. The examiner can normally be reached 8:00 AM – 11:00 AM or 1:00 PM – 3:00 PM ET.
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/SETH R. BROWN/Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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