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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-5, 8, 10-11 and 14 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Flaggs (US 6,589,141 B1).
Regarding claim 1, Flaggs discloses an adjustable calf stretcher device comprising (footwear device for stretching a user’s calf muscles, angle between the base member and foot support member can be adjusted, Abstract and Figure 1): a foot-bracing platform (foot support member 12 comprising rigid plate 20, Figure 3); a floor-bracing base (base member 10 comprising rigid plate 14, Figure 3); a tilt-and-lock mechanism (the angle between the foot support member top and the base member bottom can be changed depending upon which set of aligned holes 28 in bracket 26 accommodates the lock pin 44, Col. 2 lines 47-50 and Figure 3); the foot-bracing platform comprising a platform body (rigid plate body 20, Figure 3), a proximal platform edge (see plate 12 having a proximal edge, closest to the area in which the heel of the user is intended, Figure 3), and a distal platform edge (see plate 12 having a distal edge, closest to the area in which the toes of the user is intended, Figure 3); the floor-bracing base comprising a base body (rigid plate 20, Figure 3), a proximal base edge (see plate 20 having a proximal edge, closest to the area in which the heel of the user is intended, Figure 3), and a distal base edge (see plate 14 having a distal edge, closest to the area in which the toes of the user is intended, Figure 3); the tilt-and-lock mechanism comprising a first support wall (see support frame 22 comprising bracket 26, Figures 2-3), a second support wall (see left and right sides of bracket 26, therefore comprising a first and second wall(s), Figure 3)), a first extension wall (see both brackets 30, 32 extending upwardly from plate 14, Figure 3), a second extension wall (brackets 30, 32 each comprise left and right sides, therefore comprising a second wall, Figure 3), a plurality of base notches (bracket 32 comprises two corresponding notches/holes in which lock pin 44 is inserted therewithin, Figure 3), a plurality of platform notches (see plurality of notches/holes 28 in platform bracket 26, Figure 3), and a locking rod (locking pin 44, Figure 3 and Col. 2 lines 47-50); the first support wall and the second support wall being mounted onto the platform body, offset from each other (see left and right sides of bracket 26 mounted on plate 20, offset from each other, Figure 3); the first extension wall and the second extension wall being mounted onto the base body, offset from each other (see left and right sides of bracket 32 mounted on plate 14, offset from each other, Figure 3); the first support wall being hingedly connected to the first extension wall, adjacent to the proximal platform edge and the proximal base edge (frame 22 pivotally connected to bracket 30 via a pivot pin 40 near the proximal edges of plate 14 and 20, Figure 3 and Col. 2 lines 44-45); the second support wall being hingedly connected to the second extension wall, adjacent to the proximal platform edge and the proximal base edge (frame 22 pivotally connected to both the left and right sides of bracket 30 via a pivot pin 40 near the proximal edges of plate 14 and 20, Figure 3 and Col. 2 lines 44-45); the plurality of platform notches being integrated into the first support wall and the second support wall, adjacent to the distal platform edge (plurality of holes 28 integrated in the first and second walls of bracket 26, adjacent to the distal edge, Figure 3); the plurality of base notches being integrated into the first extension wall and the second extension wall, adjacent to the distal base edge (the plurality of locking pin holes integrated in the first and second walls of bracket 32, adjacent to the distal edge, Figure 3); and the locking rod being engaged in between a selected base notch from the plurality of base notches and a corresponding platform notch from the plurality of platform notches (locking pin 44 engaged between a selected hole 28 on bracket 26 and its corresponding hole in bracket 32, Figure 3).
Regarding claim 2, Flaggs further discloses the first support wall and the second support wall being positioned in between the proximal platform edge and the distal platform edge (the supporting frame 22 and its bracket 26 positioned between the proximal and distal ends of the device, Figure 3); the first support wall and the second support wall being positioned parallel and opposite to each other across the platform body (left and right sides of support frame 22 and its bracket 26 disposed parallel to each other and across plate 20, Figure 3); and the first support wall and the second support wall being connected perpendicular to the platform body (left and right sides of support frame 22 and its bracket 26 connected perpendicularly to plate 20, Figure 3).
Regarding claim 3, Flaggs further discloses the first extension wall and the second extension wall being positioned in between the proximal base edge and the distal base edge (the left and right sides of extending brackets 30, 32 positioned between the proximal and distal ends of the device, Figure 3); the first extension wall and the second extension wall being positioned parallel and opposite to each other across the base body (left and right sides of brackets 30, 32 disposed parallel to each other and across plate 14, Figure 3); and the first extension wall and the second extension wall being connected perpendicular to the base body (left and right sides of brackets 30, 32 connected perpendicularly to plate 14, Figure 3).
Regarding claim 4, Flaggs further discloses the first extension wall and the second extension wall being positioned in between the first support wall and the second support wall (see extending brackets 30, 32 positioned in between left and right sides of supporting frame 22, Figure 3); the first extension wall being slidably engaged against the first support wall; and the second extension wall being slidably engaged against the second support wall (the left and right sides of extending brackets 30, 32 and slidably engaged with first and second supporting walls of bracket 26 via engagement of the lock pin 44, Figure 33).
Regarding claim 5, Flaggs further discloses the first support wall and the second support wall each comprising a support-wall body (left and right sides of support frame 22 and its bracket 26 each comprise a body, Figure 3), a first support-wall lateral edge, a second support-wall lateral edge (left and right sides of support frame 22 and its bracket 26 each comprise a lateral edge, Figure 3), a distal support-wall edge, and a proximal support-wall edge (left and right sides of support frame 22 and its bracket 26 each comprise a proximal and distal wall edge, Figure 3); the first support-wall lateral edge and the second support-wall lateral edge being positioned opposite to each other across the support-wall body (left and right sides of support frame 22 and its bracket 26 each comprise a lateral edge positioned opposite to each other, Figure 3); the first support-wall lateral edge being connected onto the platform body (lateral edge of support frame 22 and bracket 26 connected to plate 20, Figure 3); the distal support-wall edge being positioned adjacent to the distal platform edge (see distal edge of support frame 22 positioned adjacent distal platform 20 edge, Figure 3); the proximal support-wall edge being positioned adjacent to the proximal platform edge (see proximal edge of support frame 22 positioned adjacent proximal platform 20 edge, Figure 3); and the plurality of platform notches being distributed along the second support-wall lateral edge, adjacent to the distal support-wall edge (see plurality of holes 28 distributed along the lateral edge of second support wall of bracket 26, adjacent to the distal support frame 22 edge, Figure 3).
Regarding claim 8, Flaggs further discloses the first extension wall and the second extension wall each comprising an extension-wall body (left and right sides of brackets 30, 32 each comprise a wall body, Figure 3), a first extension-wall lateral edge, a second extension-wall lateral edge (left and right sides of brackets 30, 32 each comprise lateral edges, Figure 3), a distal extension-wall edge, and a proximal extension-wall edge (left and right sides of brackets 30, 32 each comprise a proximal and distal edge, Figure 3); the first extension-wall lateral edge and the second extension-wall lateral edge being positioned opposite to each other across the extension-wall body (lateral edges of the left and right sides of bracket 30, 32 positioned opposite one another, Figure 3); the first extension-wall lateral edge being connected onto the base body (lateral edges of brackets 30, 32 connected to plate 14, Figure 3); the distal extension-wall edge being positioned adjacent to the distal base edge (distal edge of brackets 30, 32 adjacent distal edge of plate 14, Figure 3); the proximal extension-wall edge being positioned adjacent to the proximal base edge (proximal edge of brackets 30, 32 positioned adjacent to proximal edge of plate 14, Figure 3); and the plurality of base notches being distributed along the second extension-wall lateral edge, adjacent to the distal extension-wall edge (plurality of notches in brackets 30, 32 distributed along lateral edges and adjacent to distal edge, Figure 3).
Regarding claim 10, Flaggs further discloses the distal extension-wall edge and the proximal extension-wall edge being positioned parallel to each other (distal and proximal edges of brackets 30, 32 positioned parallel, Figure 3); and the distal extension-wall edge and the proximal extension-wall edge being positioned perpendicular to the first extension-wall lateral edge (distal and proximal edges of brackets 30, 32 positioned perpendicularity to lateral edges of brackets 30, 32, Figure 3).
Regarding claim 11, Flaggs further discloses the tilt-and-lock mechanism further comprising a first hinge pin and a second hinge pin (see pivot pin 40 and locking pin 44, Figure 3); the first support wall and the first extension wall being rotatably connected to each other by the first hinge pin (the left side of support frame 22 and bracket 30 rotatably/pivotally connected to each other via pivot pin 40, Figure 3); the second support wall and the second extension wall being rotatably connected to each other by the second hinge pin (the right side of support frame 22 rotatably connected to bracket 32 via locking pin 44, Figure 3); the first hinge pin and the second hinge pin being positioned adjacent to the proximal platform edge and the proximal base edge (see pins 40 and 44 positioned adjacent to proximal plate and base edge); and the first hinge pin and the second hinge pin being aligned to each other (pins 40 and 44 aligned laterally, Figure 3).
Regarding claim 14, Flaggs further discloses at least one cross support wall; the at least one cross support wall being connected perpendicular to the platform body; and the at least one cross support wall being positioned in between the pair of support walls (see bottom cross members of brackets 30, 32 connected perpendicularly to platform and in between left and right sides of brackets, Figure 3).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Flaggs (US 6,589,141 B1) in view of Sprague (US 8,939,872 B2).
Regarding claim 15, Flaggs teaches the adjustable calf stretcher device as claimed in claim 1, with Flaggs further teaching the locking rod comprising a cylindrical body (see cylindrical body of pin 44, Figure 4), however is silent wherein the cylindrical body of the locking rod comprises a first nub, and a second nub; the first nub being terminally connected to the cylindrical body; the second nub being terminally connected to the cylindrical body, opposite to the first nub; and the first nub and the second nub being engaged in between the selected base notch and the corresponding platform notch.
However, Sprague teaches a lower extremity exercise device (apparatus 100, Figure 2A and Abstract) comprising a cylindrical locking rod (cylindrical positioning bar 62, Figure 2A) wherein the rod comprises a first and second nub connected to the cylindrical body and opposite one another (see Figures 3A and 4B showing the positioning bar 62 comprising nubs disposed on each end of the bar 62) wherein the first and second numbs are configured to engage with corresponding base notches (each end of the positioning bar 62 comprising first and second nubs are disposed into corresponding grooves 52 of platform base, Figure 3A).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Flagg’s calf stretching device by having the cylindrical locking pin comprise first and second nubs on either end of the rod, as taught by Sprague, as providing enlarged nubs on each end of the locking pin may further secure the locking pin in place and prevent it from slipping out of position while the device is in use.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Flaggs (US 6,589,141 B1) in view of Cooper (5,087,036).
Regarding claim 16, Flaggs teaches the adjustable calf stretcher device as claimed in claim 1, however is silent on an anti-slip layer; and the anti-slip layer being mounted onto and across the platform body, opposite to the first support wall and the second support wall.
However, Cooper teaches a calf stretching device (Abstract and Figure 1) comprising a platform body (foot plate 15, Figure 1) comprising an anti-slip layer mounted across platform body and opposite a first and second supporting wall (see pad 14 positioned across foot plate 15 and opposite the first and second supporting walls of platform, Figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify Flagg’s calf stretching device by including an anti-slip layer mounted on the platform body, as taught by Cooper, as providing such a padded surface with a material having a substantial coefficient of friction inhibits the ball of the foot from slipping when in use (Col. 3 lines 55-57 of Cooper).
Allowable Subject Matter
Claims 6-7, 9 and 12-13 are 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.
Regarding claims 6-7, although Flaggs discloses a plurality of platform notches, as well as and first and second lateral edges of the supporting walls, Flaggs is silent wherein the plurality of platform notches comprising a last platform notch and a plurality of other platform notches; the last platform notch being positioned adjacent to the distal support-wall edge; the plurality of other platform notches being positioned adjacent to the last platform notch, opposite to the distal support-wall edge; a depth of the plurality of other platform notches being equal to each other; and a depth of the last platform notch being greater than the depth of the plurality of other platform notches; and the first support-wall lateral edge and the second support-wall lateral edge being oriented at an acute angle to each other; the first support-wall lateral edge being longer than the second support-wall lateral edge; the distal support-wall edge and the proximal support-wall edge being positioned parallel to each other; and the distal support-wall edge being longer than the proximal support-wall edge.
Regarding claim 9, although Flaggs discloses a lateral edge comprising a straight edge, Flaggs is silent on distal slanted edge portion, and a proximal slanted edge portion; the plurality of base notches comprising a last base notch, a penultimate base notch, and a plurality of other base notches; the distal straight edge portion being positioned parallel to the base body; the distal straight edge portion being positioned adjacent to the distal extension-wall edge; the distal slanted edge portion being positioned adjacent to the distal straight edge portion, opposite to the distal extension-wall edge; the proximal slanted edge portion being positioned adjacent to the proximal extension-wall edge; the distal slanted edge portion and the proximal slanted edge portion being oriented at an obtuse angle with each other; the plurality of other base notches being integrated along the distal slanted edge portion; and the last base notch and the penultimate base notch being integrated along the distal straight edge portion.
Regarding claims 12-13, Flaggs is silent on the floor-bracing base further comprising a first base handle cutout; the first support wall comprising a first support-wall handle cutout; the first extension wall comprising a first extension-wall handle cutout; the first base handle cutout peripherally traversing into the base body; the first base handle cutout being positioned in between the proximal base edge and the distal base edge, adjacent to the first extension wall; the first support-wall handle cutout laterally traversing into a support-wall body of the first support wall; the first extension-wall handle cutout laterally traversing into an extension-wall body of the first extension wall; and the first base handle cutout, the first support-wall handle cutout, and the first extension-wall handle cutout being aligned to each other.
Therefore, a radical modification of Flagg’s device would be required in order to result in the structure that is claimed in the above stated claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Beck et al. (US 8,801,579 B2), Sugiyama et al. (US 2005/0014612 A1), and Ogawa (US 4,693,470).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH B LEDERER whose telephone number is 571-272-7274. The examiner can normally be reached on Monday - Friday, 7:30 AM - 4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy Lee can be reached on (571)-270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SARAH B LEDERER/Examiner, Art Unit 3785
/MARGARET M LUARCA/Primary Examiner, Art Unit 3785