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 .
Response to Amendment
Applicant’s amendments to claims 1 and 12, the cancellation of claim 11, and the addition of claim 21 in the response filed April 22, 2024, are acknowledged by the Examiner.
Group I, claims 1-17, and Species A, Fig 1-5B remains elected.
Claims 18-20 remain withdrawn.
Claims 1-10, 12-17, and 21 are under consideration.
Response to Arguments
With respect to claim 1, Applicant argues that Carter does not meet each limitation of the amended claim. As necessitated by the amendments, new grounds of rejection have been made. Carter remains the primary reference in a series of rejections as it continues to meet structural and functional limitations of the claimed invention.
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 1-4, 6, and 15-16 are rejected under 35 U.S.C. 130 as being unpatentable over Carter, US 2006/0161087 in view of Nicassio US 7,608,026.
With respect to claim 1, Carter discloses A device for simulated weight bearing on a foot and ankle of a patient (Fig 1, [0003]), the device comprising: a base plate configured to receive a leg of the patient (Fig 1, base plate 136), the base plate including a base portion (Fig 2, base portion 122), a foot plate (Fig 2, foot plate 120), and an adjustable calf plate (Fig 2, calf plate 134); a waist belt configured to be worn by the patient (Fig 1, waist belt 76), … and a weighting apparatus (Fig 1, weighting apparatus 124)…
Carter is silent on the waist belt having a receiving mechanism disposed on the waist belt; and while Carter discloses a weighing apparatus (Fig 1, apparatus 124) it does not selectively connect the base plate and the receiving mechanism of the waist belt.
Nicassio teaches an analogous force applicator having a receiving mechanism disposed on the waist belt (Fig 1, Fig 2, receiving mechanisms are clips 92); and a weighing apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt (Fig 11, apparatus is band 80 which can connect the belt to the foot base).
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 harness of Carter to be the waist belt, attachment system, and shoulder straps as taught by Nicassio in order to have an easily attached and detached system that is durable and strong (Nicassio col 1 l 65-col 2 l 10).
With respect to claim 2, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the foot plate is removably connected to the base portion of the base plate (Carter Fig 4, foot plate 120 is not integral to the base 122, so it can be removed as shown in Fig 4 or can be removed by separating the calf plate 134 from the base 122).
With respect to claim 3, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the foot plate is configured to be laterally adjustable to extend or flex an ankle joint of the patient (Carter [0039], foot plate 120 along with the calf plate are laterally adjustable).
With respect to claim 4, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein a position of the foot plate is adjustable along a length of the base portion (Carter [0039], foot plate 120 along with the calf plate are laterally adjustable along the length of the base 122).
With respect to claim 6, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein a position of the adjustable calf plate is adjustable along a length of the base portion (Carter [0039], foot plate 120 along with the calf plate are laterally adjustable along the length of the base 122).
With respect to claim 15, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, further including a pair of suspenders configured to be connected to the waist belt (Nicassio Fig 1, Fig 2, suspenders 35).
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 harness of Carter to be the waist belt, attachment system, and shoulder straps as taught by Nicassio in order to have an easily attached and detached system that is durable and strong (Nicassio col 1 l 65-col 2 l 10).
With respect to claim 16, Carter/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein each of the base plate, the weighting apparatus, and the waist belt is removably connected to one another (Nicassio Fig 1, Fig 11, buckles 92/92 allow for removable attachment of base 130, weighting apparatus 80, and waist band 30).
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 harness of Carter to be the waist belt, attachment system, and shoulder straps as taught by Nicassio in order to have an easily attached and detached system that is durable and strong (Nicassio col 1 l 65-col 2 l 10).
Claims 1, 4-5, 7-8, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Frederick, US 4,674,483; in view of Lee, US 2007/0043308; and in view of Nicassio.
With respect to claim 1, Frederick discloses A device for simulated weight bearing on a foot and ankle of a patient (Fig 1, col 1 ll 5-10, traction on the shoulders requires pressing up using the feet, so there is weight bearing on the foot and ankle), the device comprising: a base plate configured to receive a leg of the patient (Fig 1, base plate 4), the base plate including a base portion (Fig 2, base portion 12), a foot plate (Fig 2, foot plate 20), …and a weighting apparatus (Fig 1, weighting apparatus 64, 60)…
Frederick is silent on and an adjustable calf plate; a waist belt configured to be worn by the patient, the waist belt having a receiving mechanism disposed on the waist belt, and a weighting apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt.
Lee teaches an analogous user restraint system with base plate (Fig 5, plate 179), foot plate (Fig 5, foot plate 175), and an adjustable calf plate (Fig 5, Fig 4D, foot plate 230).
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 Frederick with the addition of the calf plate as taught by Lee in order to maintain a straight leg during use (Lee [0089]).
Frederick/Lee is silent on a waist belt configured to be worn by the patient.
Nicassio teaches an analogous force applicator having a receiving mechanism disposed on the waist belt (Fig 1, Fig 2, receiving mechanisms are clips 92); and a weighing apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt (Fig 11, apparatus is band 80 which can connect the belt to the foot base).
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 shoulder members of Frederick/Lee to be the waist belt, attachment system, and shoulder straps as taught by Nicassio in order to have an easily attached and detached system that is durable and strong (Nicassio col 1 l 65-col 2 l 10).
With respect to claim 4, Frederick/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1.
Lee further teaches wherein a position of the foot plate is adjustable along a length of the base portion (Fig 4a, foot plate locking system 173a,173)
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 foot plate of Frederick to be movable relative to the base as taught by Lee in order to better fit the height of the user (Lee [0064]).
With respect to claim 5, Frederick/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 4, wherein the foot plate is disposed on a first base panel of the base portion that is slidably disposed relative to a second base panel of the base portion (Lee Fig 1, foot plate 175 on a first panel 173 which slides relative to second base panel 179).
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 foot plate of Frederick to be movable relative to the base as taught by Lee in order to better fit the height of the user (Lee [0064]).
With respect to claim 7, Frederick/Lee/Nicassio The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein a position of the adjustable calf plate is adjustable along a height of the foot plate (Lee Fig 9b-9c, calf plate 230 can move height-wise relative to eh foot plate 175).
With respect to claim 8, Frederick/Lee/Nicassio The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the adjustable calf plate is slidingly engaged with a sidewall disposed on a side of the base portion (Lee Fig 5, calf plate 230 is connected to foot plate 175 which adjusts relative to the base 176 via a rail 171 interpreted as a sidewall ), and a locking mechanism is used to secure the adjustable calf plate to the sidewall in a desired position (Lee [0064], locking mechanisms to secure the location of the foot plate 175 and calf plate 230).
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 foot plate of Frederick to be movable relative to the base as taught by Lee in order to better fit the height of the user (Lee [0064]).
With respect to claim 17, Frederick/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the device includes a leg restraint belt, and a position of the leg restraint belt is adjustable along a length of the base portion (Lee Fig 9B, leg restraint belt with calf plate, the restraint is moveable relative to the base as the calf plate is movable relative to the base) .
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 Frederick with the addition of the calf plate as taught by Lee in order to maintain a straight leg during use (Lee [0089]).
Claims 1, 9, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Choy, US 6,708,693; in view of Lee; and in view of Nicassio.
With respect to claim 1, Choy discloses A device for simulated weight bearing on a foot and ankle of a patient (Fig 1), the device comprising: a base plate configured to receive a leg of the patient (Fig 1, base 10), the base plate including a base portion, a foot plate… (Fig 1, base shown, foot board 16); … and a weighting apparatus (Fig 1, weighting apparatus) …
Choy is silent on the base plate including a base portion, a foot plate, and an adjustable calf plate; a waist belt configured to be worn by the patient, the waist belt having a receiving mechanism disposed on the waist belt, and a weighting apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt.
Lee teaches an analogous user restraint system with base plate (Fig 5, plate 179), foot plate (Fig 5, foot plate 175), and an adjustable calf plate (Fig 5, Fig 4D, foot plate 230).
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 calf system of Choy (Fig 1, brace 24) to be an adjustable calf plate as taught by Lee in order to maintain a straight leg during use (Lee [0089]).
Choy/Lee is silent on a waist belt configured to be worn by the patient, the waist belt having a receiving mechanism disposed on the waist belt, and a weighting apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt.
Nicassio teaches an analogous force applicator having a waist belt configured to be worn by the patient, the waist belt having a receiving mechanism disposed on the waist belt (Fig 1, Fig 2, receiving mechanisms are clips 92); and a weighting apparatus configured to selectively connect the base plate and the receiving mechanism of the waist belt (Fig 11, apparatus is band 80 which can connect the belt to the foot base).
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 body connection of Choy/Lee to be the waist belt, attachment system, and shoulder straps as taught by Nicassio in order to have an easily attached and detached system that is durable and strong (Nicassio col 1 l 65-col 2 l 10).
With respect to claim 9, Choy/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the weighting apparatus includes a load strap, a ratchet, and a spring scale (Choy Fig 1, load strap 20, ratchet 32, spring scale 28).
With respect to claim 21, Choy/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 9, wherein the foot plate includes a support structure, and the load strap of the weighting apparatus is threaded through the support structure (Choy Fig 3, support structure 38 that weighting apparatus extends between and support aperture 36 which the weighting apparatus extends through).
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Frederick/Lee/Nicassio as applied to claim 1 above, and further in view of Lyle et al, US 4,114,611.
With respect to claim 9, Frederick/Lee/Nicassio discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 1, wherein the weighting apparatus includes a load strap (Frederick Fig 1, load straps 60 and 64).
Frederick/Lee/Nicassio is silent on a ratchet, and a spring scale.
Lyle et al teaches an analogous weighting apparatus which includes a load strap, a ratchet, and a spring scale (Fig 2, Fig 4, load strap 93, ratchet 103,101, and scale spring 87).
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 weighting apparatus of Frederick/Lee/Nicassio to include each of a load strap, scale, and ratchet as taught by Lyle et al in order to allow for a quick release system with a reliably known tension (Lyle et al col 1 ll 20-30).
With respect to claim 10, Frederick/Lee/Nicassio/Lyle et al discloses The device for simulated weight bearing on the foot and ankle of the patient of Claim 9, wherein the load strap is configured to connect the base plate to the weighting apparatus (Lyle et al Fig 2, load strap 93 connects user to base system 29).
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 weighting apparatus of Frederick/Lee/Nicassio to include each of a load strap, scale, and ratchet as taught by Lyle et al in order to allow for a quick release system with a reliably known tension (Lyle et al col 1 ll 20-30).
Examiner notes that Lyle et at leaches each of the claimed elements, each element being a separate and non-integral to the others, and rearrangement of the parts would not modify operation of the device. So, it would be obvious, as a matter of design choice, to shift the positions of the individual elements of Lyle et al to best fit the user’s size and position. In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975); In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
With respect to claim 11, Frederick/Lee/Nicassio/Lyle et al The device for simulated weight bearing on the foot and ankle of the patient of Claim 10, wherein the load strap is threaded through an aperture disposed in the base plate (Frederick Fig 1, col 2 ll 55-60, load straps 60, 64 threaded through aperture).
With respect to claim 12, Frederick/Lee/Nicassio/Lyle et al The device for simulated weight bearing on the foot and ankle of the patient of Claim 11, wherein a position of the load strap is adjustable relative to a height of the foot plate (Frederick Fig 1, Fig 2, while strap 60, 64 ends have limited movement, the remainder of the straps are flexible allowing movement and position adjustment relative to the foot plate and the foot plate’s height).
With respect to claim 13, Frederick/Lee/Nicassio/Lyle et al The device for simulated weight bearing on the foot and ankle of the patient of Claim 10, wherein the load strap is connected to a strap guide disposed on the base plate (Frederick Fig 1, strap guides 36, 40).
With respect to claim 14, Frederick/Lee/Nicassio/Lyle et al The device for simulated weight bearing on the foot and ankle of the patient of Claim 13, wherein a position of the strap guide is adjustable relative to a height of the foot plate (Frederick Fig 1, Fig 2, while strap 60, 64 ends have limited movement, the remainder of the straps are flexible allowing movement and position adjustment relative to the foot plate and the foot plate’s height).
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 ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached on (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM BAKER/Primary Examiner, Art Unit 3786