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 § 103
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 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) 1-2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lonardo U.S. Patent No. (4,848,326) in view of Cadichon U.S. Publication No. (2008/0200856 A1).
With respect to claim 1, Lonardo substantially discloses a device (as shown in figs.1-2) for supporting an extremity [Abstract, a knee contracture correction device for straightening a contracted knee is provided. The device includes a pair of rod assemblies each having opposite upper and lower ends and a pivotal joint between the ends. The upper end of the rod assemblies is pivotally secured to the patient's thigh while the lower end is pivotally secured adjacent the patient's ankle] within an external fixation frame or pair of elongated rod assemblies 14 (fig.2, each including an upper rod section 16 and a lower rod section 18) and ([Col.2], lines 34-50), comprising:
a central body (64, fig.2) comprising a flexible material ([Col.3], lines 37-40, elasticized material 64], and flexible straps (58, fig.2) may be interconnected by an elasticized material 64) and ([Col.3], lines 37-38), the flexible strap (58) including a first side having a hook-type connection surface and an opposing second side have a loop type connection surface ([Col.3], lines 32-34, straps (58) have opposite ends 60 each of which are extends around one of the rod assemblies 14 and are secured by Velcro], the flexible strap (58) having a first end and an opposing second end (as shown in fig.2), wherein the first end of the flexible strap is secured to a first location (right side of rod 14) on the external fixation frame or rod assembly (14) and the second end of the flexible strap is secured to a second location (left side of rod 14) on the external fixation frame or rod assembly (14), wherein the first and second ends support the central body that is in intimate contact with the extremity (as shown in fig.2).
Lonardo substantially discloses the invention as claimed except (1) the central body having at least two openings formed therethrough and (2) the flexible strap extending through the at least two openings in the central body.
Cadichon however, teaches a knee brace (as shown in fig.1) comprising a central body (12) comprising at least two openings formed therethrough (as shown in fig.1) and a flexible strap (32, fig.1) extending through the at least two openings in the central body (12, as shown in fig.1).
In view of the teachings of Cadichon, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the central body of Lonardo by incorporating at least two openings such that the strap extends through the at least two openings for retaining and stabilizing the leg of the user to the external fixation frame or rod assembly.
With respect to claim 2, the combination of Lonardo/Cadichon substantially discloses the invention as claimed. Lonardo further discloses the extremity within the external fixation frame is a leg of a patient (as shown in fig.1).
With respect to claim 4, the combination of Lonardo/Cadichon substantially discloses the invention as claimed. Lonardo further discloses the flexible strap does not directly contact the extremity (as shown in fig.1 the strap is attach to the central body).
With respect to claim 5, the combination of Lonardo/Cadichon substantially discloses the invention as claimed. Lonardo further discloses the extremity does not come into direct contact with the fixation frame (as shown in fig.1) ([Col.3], lines 51-55, upper end 32 of upper rod section 16 is pivotally attached to a thigh pad 34 by means of a screw 35, or the like] and ([Col.3], lines 65-66, lower end 42 of lower rod section 18 is slidably received within a tube 44].
Claim Rejections - 35 USC § 103
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 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) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Lonardo/Cadichon as applied to claim 1 above, and further in view of Santosus U.S. Patent No. (3,419,002).
With respect to claim 3, the combination of Lonardo/Cadichon substantially discloses the invention as claimed except the extremity within the external fixation frame is an arm of a patient.
Santosus however, teaches in an analogous art a device for supporting an extremity for mending broken bones in arms and legs (figs.1-2) and ([Col.1], lines 21-23).
In view of the teachings of Santosus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the external fixation frame of Lonardo/Cadichon to be utilized with an arm of a patient in order for mending broken bones or limbs.
Conclusion
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/OPHELIA A HAWTHORNE/ Primary Examiner, Art Unit 3786