DETAILED ACTION
This action is in response to the Request for Continued Examination (RCE) filed 1/6/2026. Currently, claims 1-18 and 20 are pending in the application. Claim 19 is cancelled by Applicant.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/19/2025 has been entered.
Response to Arguments
Applicant’s amendment to claim 1 is sufficient to overcome the previous rejection of claim 1 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Applicant's arguments filed 1/6/2026 have been fully considered but they are not persuasive.
In response to Applicant’s argument that the first segment 33 of Kawamura is not an accommodating space, the examiner respectfully disagrees. The first segment 33 of Kawamura can be considered an “accommodating space” inasmuch as it is a void that is taught to receive, or accommodate, air therein.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., that the one or more accommodating spaces are empty or unoccupied in an initial state, and becomes available only upon elastic deformation) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to Applicant’s argument that segment 33 of Kawamura does not provide accommodating space(s) for segments 34, 35 to extend to, the examiner respectfully disagrees. As detailed below, Kawamura teaches that when the user turns over, pressure on the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) increases, directional elastic deformation occurs, and the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) extends to ([0031] and Figure 1 teach that the second segment 34 and the first segment 33 are fluidly connected via communication hole 38; thus, when a user turns over such that increased pressure is exerted on the second segment 34 of back pad 26, air will flow from the second segment 34 of back pad 26, through communication hole 38, and into the first segment 33 of back pad 26, which would expand the first segment 33 of back pad 26; [0034] teaches “The tip 39 of the back pad 26 is arranged at the base of the neck of the user, the fourth segment 36 and the third segment 35 are arranged in the vicinity of the blade bones, and the second segment 34 and the first segment 33 are arranged in the vicinity of the back side of the lower abdominal region. Therefore, as shown in FIG. 4, the expanded back pad 26 is pressed against the body of the user so as to be parallel with the backbone, and the central part of the back of the body protrudes along the backbone. The degree of expansion is sequentially increased from the base of the neck toward the lower abdominal region of the user, and then decreased in accordance with the capacity of each segment.”) the one or more accommodating spaces (first segment 33 of back pad 26). Applicant should note that while segment 33 may be inflated, it is not always inflated by air expelled from segments 34, 35.
In response to Applicant’s argument that Kawamura teaches away from the present invention, which discourages supine sleep and keeps a user in a side-lying state, the examiner reminds Applicant that simply that there are differences between two references is insufficient to establish that such references “teach away” from any combination thereof. In re Beattie, 974 F. 2d 1309, 1312-13, 24 USPQ2d, 1042 (Fed. Cir. 1992). Kawamura does not teach a device that discourages supine sleep and keeps a user in a side-lying state in ineffective or detrimental to the user. Further, Applicant should note that Kawamura teaches in Figure 7 and [0043] the vest 11 being worn “when the user wearing the above-described vest 11 lies on his or her side.”
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.
Claim(s) 1-9, 11, 17, 18 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawamura (US 2004/0031492 A1).
In regards to claim 1, Kawamura teaches in Figures 1-4, [0020], [0022], [0024-0025], [0031], [0034] and [0036]
a main bag (bag-like accommodation portion 24) configured to be arranged on a back of a user (as shown in Figures 1 and 4; [0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24;” [0025] teaches “when the user wears the vest 11 accommodating the back pad 26 inflated with air, the back pad 26 is arranged along the backbone of the user” and “the tip 39 of the pad 26 is arranged at the base of the neck, the fourth segment 36 and the third segment 35 are arranged in the vicinity of the blade bones, and the second segment 34 and the first segment 33 are arranged in the vicinity of the back side of the lower abdominal region”);
one or more bands (right belt piece 20 and left belt piece 21) for fixing the main bag (bag-like accommodation portion 24) to limbs and/or torso of the user ([0020] teaches “the right and left belt pieces 20 and 21 fix the vest 11 to the body of the user”),
an elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26; [0024] teaches “air supplied from the pump 29 through the air inlet 27 is sequentially supplied to the first segment 33, the second segment 34, the smaller segments 35a and 35b of the third segment 35, and the smaller segments 36a and 36b of the fourth segment 36, and expands each of these segments”), the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) configured to be filled in ([0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24”) the main bag (bag-like accommodation portion 24); and
one or more accommodating spaces (first segment 33 of back pad 26),
wherein the one or more accommodating spaces (first segment 33 of back pad 26) are connected to (as shown in Figure 1; [0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24”) the main bag (bag-like accommodation portion 24) and arranged along the outer periphery of (as shown in Figure 1, the first segment 33 of back pad 26 is positioned at the bottom periphery of bag-like accommodation portion 24) the main bag (bag-like accommodation portion 24), the one or more accommodating spaces (first segment 33 of back pad 26) are not always occupied by ([0024] teaches “air supplied from the pump 29 through the air inlet 27 is sequentially supplied to the first segment 33, the second segment 34, the smaller segments 35a and 35b of the third segment 35, and the smaller segments 36a and 36b of the fourth segment 36, and expands each of these segments;” thus, it is clear that during inflation, air moves from the first segment 33 to the second and third segments 34, 35; based on the teaching of [0024] it is clear that there is no air moving from the second and third segments 34, 35 into the first segment 33 during inflation) the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) and wherein the one or more accommodating spaces (first segment 33 of back pad 26) are not occupied by ([0024] teaches “air supplied from the pump 29 through the air inlet 27 is sequentially supplied to the first segment 33, the second segment 34, the smaller segments 35a and 35b of the third segment 35, and the smaller segments 36a and 36b of the fourth segment 36, and expands each of these segments;” thus, it is clear that during inflation, air moves from the first segment 33 to the second and third segments 34, 35; based on the teaching of [0024] it is clear that there is no air moving from the second and third segments 34, 35 into the first segment 33 during inflation) the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) when the user adopts a side-lying angle (when the user adopts a side-lying angle, there is no pressure (derived from the user’s body weight) on the second and third segments 34, 35 that would cause air to move from the second and third segments 34, 35 to the first segment 33), and when the user turns over, pressure on the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) increases, directional elastic deformation occurs, and the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) extends to ([0031] and Figure 1 teach that the second segment 34 and the first segment 33 are fluidly connected via communication hole 38; thus, when a user turns over such that increased pressure is exerted on the second segment 34 of back pad 26, air will flow from the second segment 34 of back pad 26, through communication hole 38, and into the first segment 33 of back pad 26, which would expand the first segment 33 of back pad 26; [0034] teaches “The tip 39 of the back pad 26 is arranged at the base of the neck of the user, the fourth segment 36 and the third segment 35 are arranged in the vicinity of the blade bones, and the second segment 34 and the first segment 33 are arranged in the vicinity of the back side of the lower abdominal region. Therefore, as shown in FIG. 4, the expanded back pad 26 is pressed against the body of the user so as to be parallel with the backbone, and the central part of the back of the body protrudes along the backbone. The degree of expansion is sequentially increased from the base of the neck toward the lower abdominal region of the user, and then decreased in accordance with the capacity of each segment.”) the one or more accommodating spaces (first segment 33 of back pad 26), and the height of the elastically deformable ([0034] teaches that the second segment 34 of back pad 26 can be expanded and then decreased in size) airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) and the backpack (vest 11; can be considered a backpack inasmuch as the vest is structured to hold the bag-like accommodation portion 24, or pack, against a user’s back; [0036] teaches “when the user tosses in his or her sleep, the air in the back pad 26 moderately moves by turning the upper half of the body the other way so as to separate from the bed 90 one shoulder which is in contact with the bed 90”) in use decreases (as a result as being compressed beneath the user’s body weight).
In regards to claim 2, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1, 3 and 4 a left-right symmetrical back plate (back body 12), wherein the left-right symmetrical back plate (back body 12) is arranged on a side of (Figure 4 teaches that the portions of the back body 12 positioned laterally of the bag-like accommodation portion 24 are positioned adjacent to the user’s body in use) the main bag (bag-like accommodation portion 24), configured to be located on the user’s back when the backpack is worn (as shown in Figure 3).
In regards to claim 3, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1 and 2(a), [0022] and [0032] that each of the one or more accommodating spaces (first segment 33 of back pad 26) is realized through local elastic expansion of ([0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24;” [0032] teaches that the opening of the accommodation portion 24 can be “opened” and “closed”) the main bag (bag-like accommodation portion 24).
In regards to claim 4, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figure 1 and [0022] that each of the one or more accommodating spaces (first segment 33 of back pad 26) is realized through (accessible through via tube 28, as shown in Figure 1) a local opening structure (“opening of the accommodation portion 24,” taught in [0022]) of the main bag (bag-like accommodation portion 24).
In regards to claim 5, Kawamura teaches the apparatus of claims 1 and 4. Kawamura teaches in Figure 1 and [0022] contacting parts (the parts of second segment 34 of back pad 26 and bag-like accommodation portion 24 that are in contact with each other; [0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24”) of the elastically deformable airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) and the main bag (bag-like accommodation portion 24) are integrated (inasmuch as they are attached to form a single unit; [0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24”).
In regards to claim 6, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1-3 and [0022] that each of the one or more accommodating spaces (first segment 33 of back pad 26) is an auxiliary bag (Figure 2(b) teaches the first segment 33 of back pad 26 being structured as a hollow bag) beside (inasmuch as it is positioned within; [0022] teaches “a back pad 26 shown in FIGS. 2(a) and 2(b) is removably accommodated in the accommodation portion 24”) the main bag (bag-like accommodation portion 24).
In regards to claim 7, Kawamura teaches the apparatus of claim 1. Kawamura teaches in [0032] that the size and/or shape of the main bag (bag-like accommodation portion 24) are/is adjustable ([0032] teaches that the opening of the accommodation portion 24 can be “opened” and “closed,” which is an adjustment in the size and/or shape of the bag-like accommodation portion 24).
In regards to claim 8, Kawamura teaches the apparatus of claims 1 and 6. Kawamura teaches in [0024] that the size and/or shape of each auxiliary bag (first segment 33 of back pad 26) are/is adjustable ([0024] teaches that the first segment 33 of back pad 26 can be expanded, which is a change in the size and/or shape of the first segment 33 of back pad 26).
In regards to claim 9, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1-3 and [0031] that the elastically deformable airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) comprises a main airbag (second segment 34 of back pad 26) and an auxiliary airbag (third segment 35 of back pad 26), and the main airbag (second segment 34 of back pad 26) is in communication with with (via communication hole 38, as taught in Figure 2(a); [0031] teaches “the air is supplied to the respective segments 33, 34, 35 and 36 through the communication hole 38”) the auxiliary airbag (third segment 35 of back pad 26).
In regards to claim 11, Kawamura teaches the apparatus of claims 1 and 9. Kawamura teaches in Figure 2(a) that the auxiliary airbag (third segment 35 of back pad 26) is configured to be placed on a front side of the body through a crotch region (the third segment 35 of back pad 26 is capable of being moved and placed such that it is positioned on a front side of the body through a crotch region).
In regards to claim 17, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1-3 and [0025] that the backpack (vest 11; can be considered a backpack inasmuch as the vest is structured to hold the bag-like accommodation portion 24, or pack, against a user’s back; [0036] teaches “when the user tosses in his or her sleep, the air in the back pad 26 moderately moves by turning the upper half of the body the other way so as to separate from the bed 90 one shoulder which is in contact with the bed 90”) is configured to avoid supine sleep ([0025] teaches “the back pad 26 is arranged along the backbone of the user;” the inflated back pad 26 may be considered to be uncomfortable against the user’s back when a user is lying in supine position, and thus, a user would avoid doing so).
In regards to claim 18, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1-4 that the size and shape of the elastically deformable airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) after inflation are substantially the same as (inasmuch as the inflated segments 34, 35 are shown to have a tapered, elongate size and shape that is visibly similar to that of the bag-like accommodation portion 24) the size and shape of the main bag (bag-like accommodation portion 24).
In regards to claim 20, Kawamura teaches the apparatus of claim 1. Kawamura teaches in Figures 1-4 and [0025] that when the user turns from sleeping on a first side (left side of user’s torso) to sleeping on a second side (right side of user’s torso), the second side (right side of user’s torso) opposite to (laterally opposite to) the first side (left side of user’s torso), the elastically deformable airbag (second segment 34 of back pad 26, third segment 35 of back pad 26) reaches a minimum bulged height ([0025] teaches “the back pad 26 is arranged along the backbone of the user;” when a user is positioned in a supine position during tuning such that the user is positioned on top of the back pad 26, the back pad 26 would yield to the full weight of the user’s body and compress to a minimum height under), wherein the minimum bulged height is capable of preventing the user from achieving a stable supine position while allowing the user to continue turning over ([0025] teaches “the back pad 26 is arranged along the backbone of the user;” the inflated back pad 26 may be considered to be uncomfortable against the user’s back when a user is lying in supine position, and thus, a user would avoid doing so and is able to continue turning over).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (US 2004/0031492 A1) in view of Eells (US 9,456,701 B2).
In regards to claim 10, Kawamura teaches the apparatus of claims 1 and 9. Kawamura does not teach that a connecting valve is arranged at a communicating part between the main airbag and the auxiliary airbag.
However, Eells teaches in Figures 1 and 2 and column 3, lines 25-31 an analogous device wherein a connecting valve (valve assembly 40) is arranged at a communicating part (interior walls 36) between (as shown in Figure 2; column 3, lines 25-31 teaches “valve assembly 40 controlling fluid communication between chambers 14 and 16” and “it can be seen from FIG. 2 that one of the interior walls 36 forms a dividing wall between chambers 14 and 16, and valve assembly 40 is positioned in and through interior wall 36”) the main airbag (first fluid chamber 14) and the auxiliary airbag (a second fluid chamber 16).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify the device of Kawamura to provide that a connecting valve is arranged at a communicating part between the main airbag and the auxiliary airbag as taught by Eells because this element “controls fluid communication between a first fluid chamber and a second fluid chamber in device 10” in a manner “to substantially improve user comfort and device integrity over conventional strategies where fluid communication is unrestricted throughout the device,” as Eells teaches in column 3, lines 14-16 and column 3-4, lines 53-3.
Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (US 2004/0031492 A1) in view of ENGDAHL et al. (US 2016/0278508 A1).
In regards to claim 12, Kawamura teaches the apparatus of claim 1. Kawamura does not teach that each of the one or more bands comprises a shoulder band, and the shoulder band can realize two fixing modes: cross fixation at the chest and fixation at double shoulders.
However, ENGDAHL et al. teaches in Figure 1 and [0024] an analogous device wherein each of the one or more bands (shoulder strap 11, shoulder strap 12, chest strap 13, chest strap 14, buckle 16, loop 19, pull tabs 20) comprises a shoulder band (shoulder strap 11, shoulder strap 12, chest strap 13, chest strap 14, buckle 16, loop 19, pull tabs 20), and the shoulder band (shoulder strap 11, shoulder strap 12, chest strap 13, chest strap 14, buckle 16, loop 19, pull tabs 20) can realize two fixing modes: cross fixation at the chest (Figure 1 teaches chest strap 13 and chest strap 14 being positioned to extend across a user’s chest, attaching together via buckle 16; [0024] teaches “the chest straps 13, 14 are arranged to be fitted around the lower chest of the user” and “the second ends of the chest straps 13, 14 are detachably connectable to each other by means of a chest buckle 16”) and fixation at double shoulders (Figure 1 teaches the shoulder straps 11, 12 being positioned to extend over the user’s two shoulders in use; [0024] teaches “the shoulder straps 11, 12 are arranged to be fitted over the shoulders of the user”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify each of the one or more bands of Kawamura to further provide that each of the one or more bands comprises a shoulder band, and the shoulder band can realize two fixing modes: cross fixation at the chest and fixation at double shoulders as taught by ENGDAHL et al. because this element is known to provide additional points of securement of the device on the user’s body, to more securely attach the device to the user’s body.
In regards to claims 13 and 14, Kawamura teaches the apparatus of claim 1. Kawamura does not teach that each of the one or more bands comprises a shoulder band and a draw band, and the shoulder band and the draw band can be connected to realize two fixing modes: cross fixation at the chest and fixation at double shoulders; and wherein a front section of the shoulder band is provided with a loop, a front section of the draw band is provided with a first hook and loop, and a middle section of the drawn band is provided with a second hook and loop.
However, ENGDAHL et al. teaches in Figure 1, [0024] and [0026-0027] an analogous device wherein each of the one or more bands (shoulder strap 11, shoulder strap 12, chest strap 13, chest strap 14, buckle 16, loop 19, pull tabs 20, pull tabs 25) comprises a shoulder band (shoulder strap 11, shoulder strap 12, buckle 16, loop 19, pull tabs 20; [0024] teaches “the shoulder straps 11, 12 are arranged to be fitted over the shoulders of the user”) and a draw band (chest strap 13, chest strap 14, pull tabs 25; [0027] teaches pull tabs 25 being drawn through one of the first and second loops 23, 24 to facilitate length adjustment), and the shoulder band (shoulder strap 11, shoulder strap 12, buckle 16, loop 19, pull tabs 20) and the draw band (chest strap 13, chest strap 14, pull tabs 25) can be connected (as shown in Figure 1) to realize two fixing modes: cross fixation at the chest (Figure 1 teaches chest strap 13 and chest strap 14 being positioned to extend across a user’s chest, attaching together via buckle 16; [0024] teaches “the chest straps 13, 14 are arranged to be fitted around the lower chest of the user” and “the second ends of the chest straps 13, 14 are detachably connectable to each other by means of a chest buckle 16”) and fixation at double shoulders (Figure 1 teaches the shoulder straps 11, 12 being positioned to extend over the user’s two shoulders in use; [0024] teaches “the shoulder straps 11, 12 are arranged to be fitted over the shoulders of the user”); and wherein a front section (portion(s) of the shoulder band positioned anteriorly on the user’s body in use) of the shoulder band (shoulder strap 11, shoulder strap 12, buckle 16, loop 19, pull tabs 20) is provided with (as shown in Figure 1) a loop (loop 19), a front section of the draw band (chest strap 13, chest strap 14, pull tabs 25) is provided with a first hook and loop, and a middle section of the drawn band (chest strap 13, chest strap 14, pull tabs 25) is provided with a second hook and loop ([0027] teaches “the second strap part 27, comprising the pull tab 25, extends through one of the first and second loops 23, 24 and is detachably connectable to itself and is length adjustable by means of the hook and loop fastener”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify each of the one or more bands of Kawamura to further provide that each of the one or more bands comprises a shoulder band and a draw band, and the shoulder band and the draw band can be connected to realize two fixing modes: cross fixation at the chest and fixation at double shoulders; and wherein a front section of the shoulder band is provided with a loop, a front section of the draw band is provided with a first hook and loop, and a middle section of the draw band is provided with a second hook and loop as taught by ENGDAHL et al. because this element is known to provide additional points of securement of the device on the user’s body, to more securely attach the device to the user’s body.
Claim(s) 15 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawamura (US 2004/0031492 A1) in view of Cainzos Perez (US 2021/0401610 A1).
In regards to claim 15, Kawamura teaches the apparatus of claim 1. Kawamura does not teach that each of the one or more bands comprises a leg band, and the leg band can realize two fixing modes: cross fixation at legs and fixation around the legs.
However, Cainzos Perez teaches in Figure 1 and [0030] an analogous device wherein each of the one or more bands (lower regulator 2d, two elastic straps 3, knee fasteners 4 and strap 6) comprises a leg band (lower regulator 2d, two elastic straps 3, knee fasteners 4 and strap 6; inasmuch as these structures as configured to secure to and engage with a user’s leg), and the leg band (lower regulator 2d, two elastic straps 3, knee fasteners 4 and strap 6) can realize two fixing modes: cross fixation at legs (two elastic straps 3 and strap 6 are shown in Figure 1 to be angled such that they extend across the back of the user’s leg in use) and fixation around the legs (knee fasteners 4 are configured to wrap around the user’s leg in use; [0030] teaches “knee fasteners (4) are arranged wrapping around the lower area of the patella”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify each of the one or more bands of Kawamura to further provide that that each of the one or more bands comprises a leg band, and the leg band can realize two fixing modes: cross fixation at legs and fixation around the legs as taught by Cainzos Perez because this element is known to provide additional points of securement of the device on the user’s body, to more securely attach the device to the user’s body.
In regards to claim 16, Kawamura teaches the apparatus of claim 1. Kawamura does not teach that each of the one or more bands comprises a leg band and a draw band, and the leg band and the draw band can be connected to realize two fixing modes: cross fixation at legs and fixation around the legs.
However, Cainzos Perez teaches in Figure 1 and [0030] an analogous device wherein each of the one or more bands (lower regulator 2d, two elastic straps 3, knee fasteners 4 and strap 6) comprises a leg band (knee fasteners 4; knee fasteners 4 are configured to wrap around the user’s leg in use; [0030] teaches “knee fasteners (4) are arranged wrapping around the lower area of the patella”) and a draw band (lower regulator 2d, two elastic straps 3 and strap 6; [0030] teaches “the two elastic straps (3) are adjustable in height thanks to the lower regulator (2d) located at their lowest part;” thus, the two elastic straps 3/strap 6 are capable of being drawn through lower regulator 2d to adjust the length thereof), and the leg band (knee fasteners 4) and the draw band (lower regulator 2d, two elastic straps 3and strap 6) can be connected (as shown in Figure 1) to realize two fixing modes: cross fixation at legs (two elastic straps 3 and strap 6 are shown in Figure 1 to be angled such that they extend across the back of the user’s leg in use) and fixation around the legs (knee fasteners 4 are configured to wrap around the user’s leg in use; [0030] teaches “knee fasteners (4) are arranged wrapping around the lower area of the patella”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present application to modify each of the one or more bands of Kawamura to further provide that each of the one or more bands comprises a leg band and a draw band, and the leg band and the draw band can be connected to realize two fixing modes: cross fixation at legs and fixation around the legs as taught by Cainzos Perez because this element is known to provide additional points of securement of the device on the user’s body, to more securely attach the device to the user’s body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 1/8/2026