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 .
Information Disclosure Statement
1. The information disclosure statements (IDS) submitted on 03/29/2024 and 08/01/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 10/24/2025 has been entered. Currently, claims 1-19 and 21 remain pending in the application. Independent claims 1 and 18 were amended by the Applicant without the addition of new matter to include further narrowing limitations. Additionally, dependent claims 16 and 19 were amended to correct previous claim objections that were set forth in the Non-Final Office Action mailed 07/25/2025. Lastly, new claims 21 has been added, without the addition of new matter.
Response to Arguments
3. Applicant’s amendment to independent claims 1 and 18 and now dependent claim 19 is sufficient to overcome the previous 35 USC § 102 and 35 USC § 103 rejection recited in the Non-Final Office Action mailed 07/25/2025.
4. Applicant’s arguments, see Remarks on Pages 8-9, filed 07/25/2025, with respect to the rejection under 35 USC § 102 and 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of new and current prior art of the record: Sanderson et al. (U.S. Patent Pub. No. 20210401607), Nuemann (U.S. Patent No. 5086760), Hamersly (U.S. Patent No. 5472410), Garcia et al. (WO 2020183049 A1), Simmons (U.S. Patent Pub. No. 20100160986), Zhang et al. (U.S. Patent Pub. No. 20100016766), Schipman et al. (US 20200000619 A1), and Amari (U.S. Patent Pub. No. 20180280180).
5. Moreover, Examiner notes that Applicant may overcome this new combination of the prior by amending the claims to incorporate claim 21 into claim 1 and reciting –a transverse oriented coupling of the rod with the slider such that the rod and slider are transversely offset--. As shown in Applicant’s Figure 5 below the slider and rod are connected via a transverse tab as opposed to that of Schipman’s Figure 15A-15B which doesn’t show a bottom view so its not possible to tell if that coupling structure is there in Schipman. Furthermore, a negative limitation against Schipman such as –the rod moves along a longitudinal axis of the rod and slider at the same distance as the slider— as provided by the transverse tab coupling would also teach away from Schipman and is not cured by Amari.
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Claim Interpretation
6. The term “substantially” in claims 2 and 18 are defined and interpreted as in Specification, Paragraph 38 to include “variations”.
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 1-8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sanderson et al. (U.S. Patent Pub. No. 20210401607) in view of Nuemann (U.S. Patent No. 5086760) and in further view of Hamersly (U.S. Patent No. 5472410) and Amari (U.S. Patent Pub. No. 20180280180).
Regarding claim 1, Sanderson discloses an orthopedic brace 100 (Paragraph 46 and Figure 2, elbow orthosis 100) for a limb, comprising: an upper portion 6 (Paragraph 38 and Figure 2, humeral frame 6); a lower portion 3 (Paragraph 40 and Figure 2, forearm frame 3); and an axial joint 5 (Paragraph 51 and Figure 2, joint 5 for flexion and extension with the orthosis 100 further allowing supination and pronation) connecting the upper portion 6 and the lower portion 3.
However, Sanderson fails to explicitly disclose (1) the axial joint is a multi-axial joint having a stacked joint assembly being mechanical and configured to rotate about multiple axes, the stacked joint assembly including: a base coupled to the upper portion; a shaft rotatably disposed through the base; a slider housing coupled to the base and disposed adjacent to the shaft; a slider disposed adjacent to and nested within the slider housing; a slider cap disposed on to the slider; and a cover disposed on the slider cap; (2) a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft; (3) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Neumann teaches an analogous orthopedic brace 10 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, orthopedic brace 10 for elbow joint) for a limb wherein the analogous axial joint 16 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, multi-axial stacked joint 16) is a multi-axial joint 16 having a stacked joint assembly 16 being mechanical and configured to rotate about multiple axes, the stacked joint assembly16 including: a base 22 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, base plate 22) coupled to a similar frame portion 20 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, Col. 8, lines 6-7, base 22 coupled to frame strut portion 20, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features); a shaft 30 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, section 38 of shaft 30 freely rotates within aperture 22b in base 22) rotatably disposed through the base 22; a slider housing 26 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider housing with bearing top surface 26 coupled to base 22b adjacent shaft 30) coupled to the base 22 and disposed adjacent to the shaft 30; a slider 24 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider plate 24 with slider slot 28) disposed adjacent to and nested within the slider housing 26; a slider cap 32 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider cap bearing surface 32) disposed on to the slider 24; and a cover 34 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, cover 34) disposed on the slider cap 32.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the axial joint of Sanderson, so that the axial joint is a multi-axial joint having a stacked joint assembly being mechanical and configured to rotate about multiple axes, the stacked joint assembly including: a base coupled to the upper portion; a shaft rotatably disposed through the base; a slider housing coupled to the base and disposed adjacent to the shaft; a slider disposed adjacent to and nested within the slider housing; a slider cap disposed on to the slider; and a cover disposed on the slider cap, as taught by Neumann, in order to provide an improved orthopedic brace with an enhanced joint having a convex and concave contacting stacked surfaces with a slider slot for adjustment in flexion extension as well as pronation and supination angles to match the natural complex multi-axial movement of the user’s elbow (Neumann, Col. 4, lines 60-68).
However, the combination of Sanderson in view of Nuemann fails to explicitly disclose (2) a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft; (3) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Hamersly teaches an analogous orthopedic brace 10 (Col. 5, lines 48-65 and Figures 1 and 4, elbow brace 10 ) for a limb wherein the analogous axial joint 24 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, mechanical joint 24) comprises a pulley disc 58 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58) disposed between the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14) and a similar housing 36 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, wheel disc housing 36) and configured to be slidably disposed on the analogous shaft 30 (Col. 7, lines 29-31 and Figure 4, shaft axle 30 slidably disposed in central aperture of pulley disc 58).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the mutli-axial joint between the brace and slider housing of Sanderson in view of Nuemann, so that there is also a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced multi-axial joint having a pulley disc for serving as guide positioning to cables for desirable tension to further promote or restrict controlled joint flexion and extension (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
However, the combination of Sanderson in view of Nuemann in view of Hamersly fails to explicitly disclose (3) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Amari teaches an analogous orthopedic brace (Paragraphs 38-39, 48, 51 and Figures 3-4, orthopedic motion assist device 20 for knee joint) with the analogous slider housing (Paragraph 51 and Figure 4, slider housing 41 having convex facing surface as well elongated recess formed by lateral side walls 41a to define a lateral boundary of the track for sliding) including an elongated recess; the analogous slider 42 (Paragraph 51 and Figure 4, slider 42 with slot 54 and concave surface to face convex surface of slider housing 41) nested within the elongated recess of the analogous slider housing.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the slider housing and slider of Sanderson in view of Nuemann in view of Hamersly, so that the slider housing includes an elongated recess such that the slider is nested within the elongated recess of the slider housing, as taught by Amari, in order to provide an improved orthopedic brace with an enhanced slider housing that has side flange walls for holding the slider therein to further provide an interference lateral connections to better boundary a track for sliding (Amari, Paragraphs 48 and 51).
Regarding claim 2, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above but fails to explicitly disclose wherein the upper portion is aligned with a first axis, the base of the stacked joint assembly is aligned with a second axis, and the second axis is oriented orthogonal with the first axis.
Hamersly further teaches wherein a similar frame portion 16 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, Col. 11, lines 43-46, and Figure 4, frame portion 16 having longitudinal first axis, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features) is aligned with a first axis, the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14 connects to frame portion 16 orthogonally via connector area of base 14 having pins 76 received into openings of frame potion 16) of the analogous stacked joint assembly 24 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) is aligned with a second axis, and the second axis is oriented orthogonal with the first axis (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the upper portion and base of Sanderson in view of Nuemann in view of Hamersly in view of Amari, so that the upper portion is aligned with a first axis, the base of the stacked joint assembly is aligned with a second axis, and the second axis is oriented orthogonal with the first axis, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base and upper portion coupling that is formed by an orthogonal fixed connection allowing for the base to be perpendicular to the frame portion with the additional stacked joint components further rotating relative to the base for desirable force loading during joint movement (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Regarding claim 3, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above but fails to explicitly disclose wherein the base includes: a connector configured to couple the stacked joint assembly to the upper portion; a base neck disposed adjacent to the connector; and a foundation for receiving the shaft.
Hamersly further teaches wherein the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14 connects to frame portion 16 orthogonally via connector area of base 14 having pins 76 received into openings of frame potion 16) includes: a connector configured to couple the analogous stacked joint assembly 24 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) to a similar frame portion 16 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, Col. 11, lines 43-46, and Figure 4, frame portion 16 having longitudinal first axis, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features); a base neck (Figure 4, neck area of base section 14) disposed adjacent to the connector; and a foundation (Figure 4, foundation head of base section 14 having aperture for shaft 30) for receiving the analogous shaft 30 (Col. 7, lines 29-31 and Figure 4,.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the base of Sanderson in view of Nuemann in view of Hamersly in view of Amari, so that the base includes: a connector configured to couple the stacked joint assembly to the upper portion; a base neck disposed adjacent to the connector; and a foundation for receiving the shaft, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base having a connector, neck, and head foundation section for orthogonally fixedly coupling to the frame portion as well as well as freely coupled to the shaft (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Regarding claim 4, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above and further discloses wherein the upper portion 6 (Sanderson, Paragraph 38 and Figure 2) of the orthopedic brace 100 (Sanderson, Paragraph 46 and Figure 2) has an opening (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, opening in frame portion 16 with pins 76 of connector of base 14 received therethrough) into which the connector (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, connector end of base section 14 with pins 76) of the base 14 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14 connects to frame portion 16 orthogonally via connector area of base 14 having pins 76 inserted into openings of frame potion 16 for fixed orthogonal connection) is inserted (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pins 76 of connector inserted through frame portion 16) and the connector is affixed to the upper portion 6 (Sanderson, Paragraph 38 and Figure 2) and does not move relative to the upper portion 6 (Sanderson, Paragraph 38 and Figure 2).
Regarding claim 5, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above and further discloses wherein the pulley disc 58 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58 with medial and lateral side and cable guide groove channel 66 forming disc thickness between lateral and medial sides ) has a first side, a second side, a perimeter channel 66 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, cable guide groove channel 66 forming disc thickness between lateral and medial sides) disposed between the first side and the second side, and a disc thickness (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) defined by a distance between the first side and the second side.
Regarding claim 6, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above and further discloses wherein the slider housing 26 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider housing with bearing convex top surface 26 and concave bottom surface) has a top surface 26 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2) and a bottom surface, the bottom surface concave and disposed adjacent the pulley disc 58 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58 positioned between housing wheel disc 36 and base 14 ).
Regarding claim 7, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above and further discloses wherein the slider 24 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider plate 24 with slider body having slider slot portion 28 with bottom concave surface and top convex surface and an end arm portion 18 for coupling with the rest of the frame portion 18) includes a slider body having a bottom surface, a top surface, a slider portion 28 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2), and an arm portion for coupling with the lower portion 3 (Sanderson, Paragraph 40 and Figure 2).
Regarding claim 8, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above and further discloses wherein the slider cap 32 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider cap bearing surface 32 having body with concave bottom surface to cooperate with convex top surface of slider body 24) has a cap body 32 cooperating with the slider 24 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari fails to explicitly disclose the slider cap has a cap neck coordinating with the base.
Hamersly further teaches wherein a similar cap 70 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, worm strut cap 70 with cap body 68 and neck portion area 74 that couples to base 14 via pin opening in neck portion area 74) has a cap neck 74 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) coordinating with the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the slider cap and base of Sanderson in view of Nuemann in view of Hamersly in view of Amari, so that the slider cap has a cap neck coordinating with the base, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base and slider cap of the stacked joint with the base and cap coupling over the joint for desirable uniform rotation and controlled tension between the base and the cap during joint movement (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Regarding claim 19, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above. Sanderson further discloses a method of supporting a limb using the orthopedic brace 100 (Paragraphs 46-48, 51, and Figure 2, elbow orthosis 100 with joint 5 for flexion and extension with the orthosis 100 further allowing supination and pronation), the method comprising steps of: providing the orthopedic brace 100 for the limb; positioning the limb of a user in the orthopedic brace 100; supporting movement of the limb, by the user, between a supination position and a pronation position, whereby the limb is supported by the orthopedic brace 100; and supporting movement of the limb, by the user, between a flexion position and an extension position, whereby the limb is supported by the orthopedic brace 100.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sanderson et al. (U.S. Patent Pub. No. 20210401607) in view of Nuemann (U.S. Patent No. 5086760) in view of Hamersly (U.S. Patent No. 5472410) in view of Amari (U.S. Patent Pub. No. 20180280180), as applied to claim 1, and in further view of Garcia et al. (WO 2020183049 A1) and Simmons (U.S. Patent Pub. No. 20100160986).
Regarding claim 9, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above. Sanderson further discloses wherein the upper portion 6 comprises a humeral bar 6 and a humeral cuff 8 (Paragraph 39 and Figure 2, cuff padding 8 on the humeral bar 6) along the humeral bar 6.
However, the combination of Sanderson in view of Nuemann in view of Hamersly fails to explicitly disclose (1) wherein the upper portion includes: a housing; the humeral bar connected to the housing; (2) the humeral cuff that is removable and laterally adjustable along the humeral bar.
Garcia teaches an analogous orthopedic brace (Page 3/28, Paragraphs 4-5 and Figure 1, elbow brace) wherein the analogous upper portion 1.3,1.5, 2 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, humerus frame portion 1.3,1.5, 2) includes: a housing 1.3, 1.5 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, housing 1.3,1.5 forming humerus portion); the analogous humeral bar 2 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, humeral bar 2 having humerus cuff and is connected to the housing 1.3, 1.5 ) connected to the housing 1.3, 1.5; and the analogous humeral cuff along the analogous humeral bar 2.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the upper portion with the humeral bar and cuff of Sanderson in view of Nuemann in view of Hamersly in view of Amari, so that there is a housing with the humeral bar connected to the housing, as taught by Garcia, in order to provide an improved orthopedic brace with an enhanced upper portion having a housing for the connection with the humeral bar and for the housing of electronic components within the housing at the humerus upper frame portion for desirable functioning of movement at the elbow joint (Garcia, Page 3/28, Paragraphs 4-6).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia fails to explicitly disclose (2) the humeral cuff that is removable and laterally adjustable along the humeral bar.
Simmons teaches an analogous orthopedic brace 501 (Paragraphs78-82 and Figure 5, elbow brace 501) with an analogous upper portion 522 (Paragraphs78-82 and Figure 5, humerus upper portion 522) wherein the analogous humeral cuff 530 (Paragraph 78 and Figure 5, cuff 530 Is slidable adjustably and removably mounted along the humeral bar 532) is removable and laterally adjustable along the analogous humeral bar 532 (Paragraph 78 and Figure 5).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a connection between the humeral cuff and humeral bar of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia, so that the humeral cuff that is removable and laterally adjustable along the humeral bar, as taught by Simmons, in order to provide an improved orthopedic brace with an enhanced upper portion having an adjustable humeral cuff relative to the humeral bar for desirable and comfort onto various user humeral sizes (Simmon, Paragraph 78).
Claims 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Sanderson et al. (U.S. Patent Pub. No. 20210401607) in view of Nuemann (U.S. Patent No. 5086760) in view of Hamersly (U.S. Patent No. 5472410) in view of Amari (U.S. Patent Pub. No. 20180280180) in view of Garcia et al. (WO 2020183049 A1) in view of Simmons (U.S. Patent Pub. No. 20100160986), as applied to claim 9, and in further view of Zhang et al. (U.S. Patent Pub. No. 20100016766).
Regarding claim 10, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons discloses the invention as described above and further discloses wherein the housing (Garcia, Page 4/38, Paragraphs 8 and 10 and Figure 3, housing 1.3,1.5 holding control unit 1.4 with integral circuit board 1.4 and battery 1.1 that is removable by unfastening housing 1.3,1.5 ) includes a control unit 1.4 (Garcia, Page 4/38, Paragraphs 8 and 10 and Figure 3), a printed circuit board 1.4 (Garcia, Page 4/38, Paragraphs 8 and 10 and Figure 3), and a removable battery 1.1 (Garcia, Page 4/38, Paragraphs 8 and 10 and Figure 3).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons fails to explicitly disclose wherein the housing includes a pulley system and an actuation assembly.
Zhang teaches an analogous orthopedic brace (Paragraphs 105-110 and Figure 2a, elbow robotic brace with housing holding actuator, flexion/extension motor, supination/pronation motor, flexion/extension pulley drum, supination/pronation pulley drum, and cables) wherein the analogous housing (Paragraphs 105-110 and Figure 2a, frame of brace holding flexion/extension and supination/pronation components) includes a pulley system (Paragraphs 105-110 and Figure 2a) and an actuation assembly (Paragraphs 105-110 and Figure 2a).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the housing of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons, so that the housing also includes a pulley system and an actuation assembly, as taught by Zhang, in order to provide an improved orthopedic brace with an enhanced housing having actuators and pulleys for direct connection with the joint to control flexion/extension as well as supination/pronation for desirable elbow joint guidance (Zhang, Paragraphs 105-110).
Regarding claim 11, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons in view of Zhang discloses the invention as described above and further discloses wherein the pulley system (Sanderson, Paragraphs 50-53 and Figure 2, cords and spring flexion mechanism for supination/pronation and flexion/extension are modified as taught by Paragraphs 105-110 and Figure 2a of Zhang, so that there is a flexion/extension motor, supination/pronation motor, flexion/extension pulley drum, supination/pronation pulley drum, and cables) includes a flexion extension servo, a supination pronation servo, a flexion-extension pulley, a supination-pronation pulley, and a cable system.
Regarding claim 12, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons in view of Zhang discloses the invention as described above and further discloses wherein the cable system (Zhang, Paragraphs 105-110 and Figure 2a, first and second cables connect with humeral and forearm frames of brace of elbow joint for flexion/extension and supination/pronation) includes a first disc cable and a second disc cable for connecting the upper portion 6 (Sanderson Paragraph 38 and Figure 2) to the stacked joint assembly (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, multi-axial stacked joint 16; Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, mechanical stacked joint 24) and the lower portion 3 (Sanderson, Paragraph 40 and Figure 2).
Regarding claim 13, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons in view of Zhang discloses the invention as described above and further discloses wherein the cable system (Zhang, Paragraphs 105-110 and Figure 2a, first and second cables connect with humeral and forearm frames of brace of elbow joint for flexion/extension and supination/pronation connecting pulley drum with pulley disc at joint) connects the pulley system (Zhang, Paragraphs 105-110 and Figure 2a, flexion/extension motor, supination/pronation motor, flexion/extension pulley drum, supination/pronation pulley drum, and cables) to a pulley disc 58 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58 of stacked joint 24 having cables 52) of the stacked joint assembly (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, multi-axial stacked joint 16; Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, mechanical stacked joint 24), and the pulley system is configured to move the lower portion 3 (Sanderson, Paragraph 40 and Figure 2) about the stacked joint assembly (Neumann: 16; Hamersly: 24) between a plurality of positions (Zhang, Paragraphs 105-110 and Figure 2a, plurality of flexion/extension and supination/pronation positions).
Regarding claim 14, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Garcia in view of Simmons in view of Zhang discloses the invention as described above and further discloses wherein the plurality of positions (Sanderson, Paragraphs 50-53 and Figure 2, cords and spring flexion mechanism for supination/pronation and flexion/extension positions are modified as taught by Paragraphs 105-110 and Figure 2a of Zhang, so that there is a pulley system for operating into flexion/extension and supination/pronation positions) includes a flexed position, an extended position, a supinated position, and a pronated position.
Claims 15-17 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Sanderson et al. (U.S. Patent Pub. No. 20210401607) in view of Nuemann (U.S. Patent No. 5086760) in view of Hamersly (U.S. Patent No. 5472410) in view of Amari (U.S. Patent Pub. No. 20180280180), as applied to claim 1, and in further view of Schipman et al. (US 20200000619 A1).
Regarding claim 15, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari discloses the invention as described above. Sanderson further discloses wherein the lower portion 3 (Paragraph 40 and Figure 2) includes a distal cuff 23 (Paragraphs 42-43 and Figure 4, distal wrist cuff 23).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari fails to explicitly disclose wherein the lower portion includes a proximal cuff.
Schipman teaches an analogous orthopedic brace (Paragraphs 36-38 and Figure 1, elbow orthosis with multiaxial joint) wherein the analogous lower portion 8 (Paragraph 46 and Figure 1, lower brace frame 8) includes a proximal cuff 39 (Paragraph 59-61 and Figure 1, proximal cuff strap 39 on lower frame 8) and the analogous distal cuff 39 (Paragraph 59-61 and Figure 1, distal cuff strap 39 on lower frame 8), and the proximal cuff 39 (Paragraph 59-61 and Figure 1) is connected to the analogous slider 15 ( Paragraph 49 and Figures 15A-15B, slider plate 15 with slider slot on stacked joint assembly 10 has rod 86 that connects to lid plate 28 and lower frame 8) with a rod 86,89 (Paragraph 49 and Figures 15A-15B, rod 86,89).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the lower portion with the distal cuff of Sanderson in view of Nuemann in view of Hamersly in view of Amari, so that there is also a connected proximal cuff, as taught by Schipman, in order to provide an improved orthopedic brace with an enhanced lower portion having two sperate cuff areas for increased fastening of the brace onto the user’s forearm with increased stability and support via a sliding rod connection (Schipman, Paragraph 59-61).
Regarding claim 16, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Schipman discloses the invention as described above and further discloses wherein the proximal cuff 39 (Schipman, Paragraph 59-61 and Figure 1) is disposed between the stacked joint assembly (Neumann: 16; Hamersly: 24), and the distal cuff (Sanderson: 23 ; Schipman: 39), and the proximal cuff 39 (Schipman, Paragraph 59-61 and Figure 1) is connected to the slider (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider plate 24 with slider slot 28; Schipman, Paragraph 49 and Figures 15A-15B, slider plate 15 with slider slot on stacked joint assembly 10 has rod 86 that connects to lid plate 28 and lower frame 8) of the stacked joint assembly (Neumann: 16; Hamersly: 24) with a rod 86,89 (Schipman, Paragraph 49 and Figures 15A-15B, rod 86,89).
Regarding claim 17, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Schipman discloses the invention as described above and further discloses wherein the proximal cuff 39 (Schipman, Paragraphs 36-38, 59-61 and Figure 1, proximal cuff strap 39 on lower frame 8 for forearm in elbow joint) is configured to accept a forearm of a user.
Regarding claim 21, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Amari in view of Schipman discloses the invention as described above and further discloses wherein the elongated recess (Amari, Paragraphs 48 and 51 and Figure 4, elongated recess formed between left 41a and right 41a side walls of slider housing 41) of the slider housing 26 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider housing with bearing convex top surface 26 and concave bottom surface) has a longitudinal axis parallel (Amari’s elongated recess formed between left 41a and right 41a side walls has longitudinal axis that is same as longitudinal axis of slider ; Also, Schipman has rod portion 89 that has same longitudinal axis as that of slider 15) with the rod (Schipman, Paragraph 49 and Figures 15A-15B, rod 86,89, longitudinal axis of rod portion 89 is the same as the longitudinal axis of the slider 15).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Sanderson et al. (U.S. Patent Pub. No. 20210401607) in view of Nuemann (U.S. Patent No. 5086760) and in further view of Hamersly (U.S. Patent No. 5472410) and Garcia et al. (WO 2020183049 A1) and Simmons (U.S. Patent Pub. No. 20100160986) and Amari (U.S. Patent Pub. No. 20180280180).
Regarding claim 18, Sanderson discloses an orthopedic brace 100 (Paragraph 46 and Figure 2, elbow orthosis 100) for a limb, comprising: an upper portion 6 (Paragraph 38 and Figure 2, humeral frame bar 6) including: a humeral bar 6, and a humeral cuff 8 (Paragraph 39 and Figure 2, cuff padding 8 on the humeral bar 6) along the humeral bar 6; a lower portion 3 (Paragraph 40 and Figure 2, forearm frame 3); and an axial joint 5 (Paragraph 51 and Figure 2, joint 5 for flexion and extension with the orthosis 100 further allowing supination and pronation) connecting the upper portion 6 and the lower portion 3.
However, Sanderson fails to explicitly disclose (1) the axial joint is a multi-axial joint having a stacked joint assembly being mechanical and configured to rotate about multiple axes, the stacked joint assembly including: a base coupled to the upper portion; a shaft rotatably disposed through the base; a slider housing coupled to the base and disposed adjacent to the shaft, the slider housing including a top surface and a bottom surface, the bottom surface being concave; a slider disposed adjacent to and nested within the slider housing, the slider including a slider body having a bottom surface, a top surface, a slider portion, and an arm portion for coupling with the lower portion; a slider cap disposed on to the slider, the slider cap including a cap body cooperating with the slider; and a cover disposed on the slider cap; (2) the upper portion including: an opening; the base including: a connector configured to couple the stacked joint assembly to the upper portion, the connector configured to be inserted into the opening of the upper portion and affixed to the upper portion, a base neck disposed adjacent to the connector, and a foundation; a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft, the pulley disc including: a first side, a second side, a perimeter channel disposed between the first side and the second side, and a disc thickness defined by a distance between the first side and the second side; the slider cap has a cap neck coordinating with the base; wherein the upper portion is aligned with a first axis, the base of the stacked joint assembly is aligned with a second axis, and the second axis is oriented orthogonal with the first axis; (3) the upper portion including: a housing, the humeral bar connected to the housing; (4) the humeral cuff is removable and laterally adjustable along the humeral bar; (5) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Neumann teaches an analogous orthopedic brace 10 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, orthopedic brace 10 for elbow joint) for a limb wherein the analogous axial joint 16 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, multi-axial stacked joint 16) is a multi-axial joint 16 having a stacked joint assembly 16 being mechanical and configured to rotate about multiple axes, the stacked joint assembly 16 including: a base 22 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, base plate 22) coupled to a similar frame portion 20 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, Col. 8, lines 6-7, base 22 coupled to frame strut portion 20, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features); a shaft 30 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, section 38 of shaft 30 freely rotates within aperture 22b in base 22) rotatably disposed through the base 22; a slider housing 26 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider housing with bearing top convex surface 26 and lower concave surface is coupled to base 22b adjacent shaft 30) coupled to the base 22and disposed adjacent to the shaft 30, the slider housing 26 including a top surface 26 and a bottom surface, the bottom surface being concave; a slider disposed adjacent to and nested within the slider housing, the slider24 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider plate 24 with slider slot 28 having concave bottom surface and convex top surface) including a slider body having a bottom surface, a top surface, a slider portion 28, and an arm portion (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider plate 24 with slider body having slider slot portion 28 with bottom concave surface and top convex surface and an end arm portion 18 for coupling with the rest of the frame portion 18) for coupling with a similar frame portion 18 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, Col. 8, lines 6-7, end arm portion 18 of slider 24 for coupling with the rest of the frame portion 18, which is capable of modifying the lower frame portion of Sanderson since they have similar frame structural features); a slider cap 32 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider cap bearing surface 32) disposed on to the slider 24, the slider cap including a cap body 32 (Neumann, Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, slider cap bearing surface 32 having body with concave bottom surface to cooperate with convex top surface of slider body 24) cooperating with the slider 24; and a cover 34 (Col. 1, line 22, Col. 3, lines 55-60, Col. 4, lines 1-65, and Figure 2, cover 34) disposed on the slider cap 32.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the axial joint of Sanderson, so that the axial joint is a multi-axial joint having a stacked joint assembly being mechanical and configured to rotate about multiple axes, the stacked joint assembly including: a base coupled to the upper portion; a shaft rotatably disposed through the base; a slider housing coupled to the base and disposed adjacent to the shaft, the slider housing including a top surface and a bottom surface, the bottom surface being concave; a slider disposed adjacent to and nested within the slider housing, the slider including a slider body having a bottom surface, a top surface, a slider portion, and an arm portion for coupling with the lower portion; a slider cap disposed on to the slider, the slider cap including a cap body cooperating with the slider; and a cover disposed on the slider cap, as taught by Neumann, in order to provide an improved orthopedic brace with an enhanced joint having a convex and concave contacting stacked surfaces with a slider slot for adjustment in flexion extension as well as pronation and supination angles to match the natural complex multi-axial movement of the user’s elbow (Neumann, Col. 4, lines 60-68).
However, the combination of Sanderson in view of Nuemann fails to explicitly disclose (2) the upper portion including: an opening; the base including: a connector configured to couple the stacked joint assembly to the upper portion, the connector configured to be inserted into the opening of the upper portion and affixed to the upper portion, a base neck disposed adjacent to the connector, and a foundation; a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft, the pulley disc including: a first side, a second side, a perimeter channel disposed between the first side and the second side, and a disc thickness defined by a distance between the first side and the second side; the slider cap has a cap neck coordinating with the base; wherein the upper portion is aligned with a first axis, the base of the stacked joint assembly is aligned with a second axis, and the second axis is oriented orthogonal with the first axis; (3) the upper portion including: a housing, the humeral bar connected to the housing; (4) the humeral cuff is removable and laterally adjustable along the humeral bar; (5) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Hamersly teaches an analogous orthopedic brace 10 (Col. 5, lines 48-65 and Figures 1 and 4, elbow brace 10 ) for a limb wherein a similar frame portion 16 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, Col. 11, lines 43-46, and Figure 4, frame portion 16 having longitudinal first axis, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features) including: an opening (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, opening in frame portion 16 with pins 76 of connector of base 14 received therethrough); the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14 connects to frame portion 16 orthogonally via connector area of base 14 having pins 76 received into openings of frame potion 16) including: a connector configured to couple the analogous stacked joint assembly 24 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) to the similar frame portion 16, the connector (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pins 76 of connector inserted through frame portion 16)configured to be inserted into the opening of the similar frame portion 16 and affixed to the similar frame portion 16, a base neck (Figure 4, neck area of base section 14) disposed adjacent to the connector, and a foundation (Figure 4, foundation head of base section 14 having aperture for shaft 30); a pulley disc 58 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58) disposed between the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14) and a similar housing 36 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, wheel disc housing 36) and configured to be slidably disposed on the analogous shaft 30 (Col. 7, lines 29-31 and Figure 4, shaft axle 30 slidably disposed in central aperture of pulley disc 58), the pulley disc 58 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, pulley disc 58 with medial and lateral side and cable guide groove channel 66 forming disc thickness between lateral and medial sides ) including: a first side, a second side, a perimeter channel 66 (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, cable guide groove channel 66 forming disc thickness between lateral and medial sides) disposed between the first side and the second side, and a disc thickness (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) defined by a distance between the first side and the second side; a similar cap 70 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, worm strut cap 70 with cap body 68 and neck portion area 74 that couples to base 14 via pin opening in neck portion area 74) has a cap neck74 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4) coordinating with the analogous base 14; wherein the similar frame portion 16 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, Col. 11, lines 43-46, and Figure 4, frame portion 16 having longitudinal first axis, which is capable of modifying the upper frame portion of Sanderson since they have similar frame structural features) is aligned with a first axis, the analogous base 14 (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4, base section 14 connects to frame portion 16 orthogonally via connector area of base 14 having pins 76 received into openings of frame potion 16) of the analogous stacked joint assembly 24 is aligned with a second axis, and the second axis is oriented orthogonal with the first axis (Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25, and Figure 4).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the mutli-axial joint between the brace and slider housing of Sanderson in view of Nuemann, so that there is also a pulley disc disposed between the base and the slider housing and configured to be slidably disposed on the shaft, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced multi-axial joint having a pulley disc for serving as guide positioning to cables for desirable tension to further promote or restrict controlled joint flexion and extension (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Additionally, it would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the upper portion and base of Sanderson in view of Nuemann, so that the upper portion including: an opening; the base including: a connector configured to couple the stacked joint assembly to the upper portion, the connector configured to be inserted into the opening of the upper portion and affixed to the upper portion, the upper portion is aligned with a first axis, the base of the stacked joint assembly is aligned with a second axis, and the second axis is oriented orthogonal with the first axis, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base and upper portion coupling that is formed by an orthogonal fixed connection allowing for the base to be perpendicular to the frame portion with the additional stacked joint components further rotating relative to the base for desirable force loading during joint movement (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Additionally, it would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the base of Sanderson in view of Nuemann in view of Hamersly, so that the base includes: a connector configured to couple the stacked joint assembly to the upper portion; a base neck disposed adjacent to the connector; and a foundation for receiving the shaft, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base having a connector, neck, and head foundation section for orthogonally fixedly coupling to the frame portion as well as well as freely coupled to the shaft (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
Additionally, it would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the slider cap and base of Sanderson in view of Nuemann, so that the slider cap has a cap neck coordinating with the base, as taught by Hamersly, in order to provide an improved orthopedic brace with an enhanced base and slider cap of the stacked joint with the base and cap coupling over the joint for desirable uniform rotation and controlled tension between the base and the cap during joint movement (Hamersly, Col. 5, lines 48-65, Col. 6, lines 5-20, Col. 7, lines 1-25).
However, the combination of Sanderson in view of Nuemann in view of Hamersly fails to explicitly disclose (3) the upper portion including: a housing, the humeral bar connected to the housing; (4) the humeral cuff is removable and laterally adjustable along the humeral bar; (5) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Garcia teaches an analogous orthopedic brace (Page 3/28, Paragraphs 4-5 and Figure 1, elbow brace) wherein the analogous upper portion 1.3,1.5, 2 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, humerus frame portion 1.3,1.5, 2) includes: a housing 1.3, 1.5 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, housing 1.3,1.5 forming humerus portion); the analogous humeral bar 2 (Page 4/38, Paragraphs 8 and 10, and Figures 1-3, humeral bar 2 having humerus cuff and is connected to the housing 1.3, 1.5 ) connected to the housing 1.3, 1.5; and the analogous humeral cuff along the analogous humeral bar 2.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the upper portion with the humeral bar and cuff of Sanderson in view of Nuemann in view of Hamersly, so that there is a housing with the humeral bar connected to the housing, as taught by Garcia, in order to provide an improved orthopedic brace with an enhanced upper portion having a housing for the connection with the humeral bar and for the housing of electronic components within the housing at the humerus upper frame portion for desirable functioning of movement at the elbow joint (Garcia, Page 3/28, Paragraphs 4-6).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Garcia fails to explicitly disclose (4) the humeral cuff is removable and laterally adjustable along the humeral bar; (5) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Simmons teaches an analogous orthopedic brace 501 (Paragraphs78-82 and Figure 5, elbow brace 501) with an analogous upper portion 522 (Paragraphs78-82 and Figure 5, humerus upper portion 522) wherein the analogous humeral cuff 530 (Paragraph 78 and Figure 5, cuff 530 Is slidable adjustably and removably mounted along the humeral bar 532) is removable and laterally adjustable along the analogous humeral bar 532 (Paragraph 78 and Figure 5).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a connection between the humeral cuff and humeral bar of Sanderson in view of Nuemann in view of Hamersly in view of Garcia, so that the humeral cuff that is removable and laterally adjustable along the humeral bar, as taught by Simmons, in order to provide an improved orthopedic brace with an enhanced upper portion having an adjustable humeral cuff relative to the humeral bar for desirable and comfort onto various user humeral sizes (Simmons, Paragraph 78).
However, the combination of Sanderson in view of Nuemann in view of Hamersly in view of Garcia in view of Simmons fails to explicitly disclose (5) the slider housing including an elongated recess; the slider nested within the elongated recess of the slider housing.
Amari teaches an analogous orthopedic brace (Paragraphs 38-39, 48, 51 and Figures 3-4, orthopedic motion assist device 20 for knee joint) with the analogous slider housing (Paragraph 51 and Figure 4, slider housing 41 having convex facing surface as well elongated recess formed by lateral side walls 41a to define a lateral boundary of the track for sliding) including an elongated recess; the analogous slider 42 (Paragraph 51 and Figure 4, slider 42 with slot 54 and concave surface to face convex surface of slider housing 41) nested within the elongated recess of the analogous slider housing.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the slider housing and slider of Sanderson in view of Nuemann in view of Hamersly in view of Garcia in view of Simmons, so that the slider housing includes an elongated recess such that the slider is nested within the elongated recess of the slider housing, as taught by Amari, in order to provide an improved orthopedic brace with an enhanced slider housing that has side flange walls for holding the slider therein to further provide an interference lateral connections to better boundary a track for sliding (Amari, Paragraphs 48 and 51).
Conclusion
13. 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.
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786