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 Objections
Claims 2-14 are objected to because of the following informalities:
Claims 2-7 and 9-14, line 1, insert “,” before “wherein”.
Claim 8, line 5, “the body of a patient” should be “the body of the patient”.
Appropriate correction is required.
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) 1-5, 7-12, and 14 is/are rejected under 35 U.S.C. 102(a1) and (a2) as being anticipated by Shealy et al. (US 6152950 A).
Regarding claim 1, Shealy discloses a spinal decompression device (Apparatus for Therapeutic Treatment of Low Back Pain; title; figure 1-20) comprising:
a treatment bed (bed 20; figure 1-4) having a first end (26; figure 1-4) and a second end (24; figure 1-4);
a treatment tower (support 16; figure 1-3 and 8) disposed at the first end (26) of the treatment bed (see figure 1-3); and
at least one pneumatic body harness operable to be secured to a portion of a body of a patient (lower body harness 50 including an inflatable air bladder 54; see col. 5 line 17-30; figure 2 and 4).
Regarding claim 2, Shealy discloses the spinal decompression device of claim 1 wherein the pneumatic body harness is a pelvic harness (a lower body harness 50 is provided for attaching to the lower body pelvic portion 52 of the person 30; col. 5 line 17-19; figure 2-3).
Regarding claim 3, Shealy discloses the spinal decompression device of claim 1 wherein the pneumatic body harness is operably connected to the treatment tower by high-tension rigging (combination of traction unit 64, track 66, and strap 68 rigging lower body harness 50 to traction unit 64; see col. 5 line 31-62; see figure 2-4 and 8-9).
Regarding claim 4, Shealy discloses the spinal decompression device of claim 1 wherein the pneumatic body harness is operably connected to the treatment tower by a tension strap (strap 68; col. 5 line 34-35; figure 4 and 8-9).
Regarding claim 5, Shealy discloses the spinal decompression device of claim 1 wherein the pneumatic body harness comprises at least one pneumatic bladder (The lower body harness 50 includes an inflatable air bladder 54 for positioning within the posterior cavity 56 of the lumbar spine formed between the lower back 58 of the person 30 and the bed 20 when the person is in a supine position on the bed, as illustrated with reference again to FIG. 2 and to FIG. 6; col. 5 line 19-24; figure 2 and 4).
Regarding claim 7, Shealy discloses the spinal decompression device of claim 1 wherein the air pressure within the pneumatic body harness may be adjusted by an operator (The air bladder 54 is inflatable through the use of a hand pump 60 and enables the local paraspinal muscles of the person to relax during a pulling force on the spine 62 of the person 30 for enhancing the treatment; col. 5 line 24-28; figure 2. Examiner notes that the clinician would be the one operating the device as supported by col. 2 line 13-18: “There is a need in the art to provide a therapeutic traction device that is easy for a clinician to use, facilitates placing of the patient for treatment”. The level of air pressure within the inflatable air bladder is adjusted by the degree at which the clinician inflates the air bladder).
Regarding claim 8, Shealy discloses a spinal decompression device (Apparatus for Therapeutic Treatment of Low Back Pain; title; figure 1-20) comprising:
a treatment bed (bed 20; figure 1-4) having a first end (26; figure 1-4) and a second end (24; figure 1-4);
a treatment tower (support 16; figure 1-3 and 8) disposed at the first end (26) of the treatment bed (see figure 1-3);
a first body harness operable to be secured to a first portion of a body of a patient (lower body harness 50 including an inflatable air bladder 54; see col. 5 line 17-30; figure 2 and 4); and
a second body harness operable to be secured to a second portion of the body of a patient (Upper body anchoring support 34 is provided for anchoring the upper body 36 of the person to the upper bed portion 24; see col. 4 line 51-54; figure 3-4).
Regarding claim 9, Shealy discloses the spinal decompression device of claim 8 wherein the first body harness is operably connected to the treatment tower by high-tension rigging (combination of traction unit 64, track 66, and strap 68 rigging lower body harness 50 to traction unit 64; see col. 5 line 31-62; see figure 2-4 and 8-9).
Regarding claim 10, Shealy discloses the spinal decompression device of claim 8 wherein the first body harness is operably connected to the treatment tower by a tension strap (strap 68; col. 5 line 34-35; figure 4 and 8-9).
Regarding claim 11, Shealy discloses the spinal decompression device of claim 8 wherein the first body harness is a pneumatic body harness (lower body harness 50 including an inflatable air bladder 54; see col. 5 line 17-30; figure 2 and 4).
Regarding claim 12, Shealy discloses the spinal decompression device of claim 11 wherein the first body harness comprises at least one pneumatic bladder (The lower body harness 50 includes an inflatable air bladder 54 for positioning within the posterior cavity 56 of the lumbar spine formed between the lower back 58 of the person 30 and the bed 20 when the person is in a supine position on the bed, as illustrated with reference again to FIG. 2 and to FIG. 6; col. 5 line 19-24; figure 2 and 4).
Regarding claim 14, Shealy discloses the spinal decompression device of claim 11 wherein the air pressure within the first body harness may be adjusted by an operator (The air bladder 54 is inflatable through the use of a hand pump 60 and enables the local paraspinal muscles of the person to relax during a pulling force on the spine 62 of the person 30 for enhancing the treatment; col. 5 line 24-28; figure 2. Examiner notes that the clinician would be the one operating the device as supported by col. 2 line 13-18: “There is a need in the art to provide a therapeutic traction device that is easy for a clinician to use, facilitates placing of the patient for treatment”. The level of air pressure within the inflatable air bladder is adjusted by the degree at which the clinician inflates the air bladder).
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) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shealy et al. (US 6152950 A) as applied to claim 1 and 8 above, and further in view of Wei (CN 211485128 U).
Regarding claim 6, Shealy discloses the spinal decompression device of claim 1 but is silent as to wherein the pneumatic body harness comprises an array of pneumatic bladders.
However, Wei teaches a pneumatic body harness (traction belt 1 including airbag strips 2; see [0026]; figure 1-3) comprising an array of pneumatic bladders ([0026] The airbag strips 2 are evenly arranged on the inner wall of the traction belt 1, and each airbag strip 2 includes an upper local correction airbag strip 11, a middle local correction airbag strip 12, and a lower local correction airbag strip 13. The air pump 4 is located at one end of the traction belt 1, and its output end is connected to the upper local correction airbag strip 11, the middle local correction airbag strip 12, and the lower local correction airbag strip 13, respectively; figure 2; also see [0008] and [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pneumatic body harness of Shealy to implement the array of airbag strips including the pressure control means, as taught by Wei in order to allow for individual control of each airbag’s inflation/deflation and allow for localized controllable traction correction based on the patient’s condition (see [0017]).
Regarding claim 13, Shealy discloses the spinal decompression device of claim 11 but is silent as to wherein the first body harness comprises an array of pneumatic bladders.
However, Wei teaches a pneumatic body harness (traction belt 1 including airbag strips 2; see [0026]; figure 1-3) comprising an array of pneumatic bladders ([0026] The airbag strips 2 are evenly arranged on the inner wall of the traction belt 1, and each airbag strip 2 includes an upper local correction airbag strip 11, a middle local correction airbag strip 12, and a lower local correction airbag strip 13. The air pump 4 is located at one end of the traction belt 1, and its output end is connected to the upper local correction airbag strip 11, the middle local correction airbag strip 12, and the lower local correction airbag strip 13, respectively; figure 2; also see [0008] and [0017]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the pneumatic body harness of Shealy to implement the array of airbag strips including the pressure control means, as taught by Wei in order to allow for individual control of each airbag’s inflation/deflation and allow for localized controllable traction correction based on the patient’s condition (see [0017]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ren (US 20140364910 A1) teaches a spinal decompression therapy device.
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/M.I.A./Examiner, Art Unit 3785
/VALERIE L WOODWARD/Primary Examiner, Art Unit 3785
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