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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second side described in claim 15 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 10 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 10, claim 10 depends on cancelled claim 9, and renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. For the purpose of examination, claim 10 is being treated to depend on claim 1.
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) 1-7, 11-17 and 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al. U.S. Publication No. (2004/0144388 A1) in view of Nguyen U.S. Publication No. (2015/0057133 A1) and evidenced by Polliack et al. U.S. Publication No. (2013/0324898 A1).
With respect to claim 1, Hall et al. substantially discloses an arm immobilizer (1, figs.1-3) and [0001] and [0003] comprising:
an elongated, flexible material [0023, flexible belt 2] having a first end (where element 7 is located) and a second end (where element 5 and 3 is located);
a first part of a hook and fastener material (3, fig.1) and [0024] and [0027] being attached to the first end;
a second part of the hook and fastener material (4, fig.1) and [0024] being attached to a portion of the elongated, flexible material positioned at a predefined location between the first end and the second end (as shown in fig.1); and
a hoop shaped component (6) that defines an aperture and is attached to the second end (as shown in fig.1), wherein the hoop shaped component is sized for receiving the first end through the aperture such that the first end is foldable towards the predefined location between the first end and the second end for attachment of the first part of the hook and fastener material to the second part of the hook and fastener material (as shown in fig.2).
Hall et al. substantially discloses the invention as claimed except wherein the elongated, flexible material comprises a first layer on one side and a second layer on a side that opposes the first side, wherein the first layer has a higher coefficient of friction than the second layer, and wherein the first layer is a rubber-type material.
Nguyen however, teaches a dual grip strap apparatus capable of increasing the amount of weight a user can manipulate, while at the same time being constructed in such a manner as to prevent irritation to the hands and decrease sweat accumulation (Abstract). In [0024], Nguyen further teaches, “The dual grip strap 13 substantially comprises two sides. In some embodiments, a first side 13A, or a portion of the first side 13A, made from closed cell rubber, while the other second side 13B, or a portion of the second side 13B, may be made from a natural or synthetic cloth such as woven cotton cloth, cotton webbing, woven nylon cloth, nylon webbing, polypropylene webbing, or any other suitable material of similar durability and flexibility”. Note: rubber has a higher coefficient of friction from the listing of materials to which the second side is constructed from.
In view of the teachings of Nguyen, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the elongated, flexible material comprises a first layer on one side and a second layer on a side that opposes the first side by forming the first layer having a higher coefficient of friction than the second layer, and wherein the first layer is a rubber-type material in order to provide a good grip to the anatomy of the user while at the same time preventing irritation to the skin of the user.
With respect to claim 2, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the elongated, flexible material [0024] is substantially rectangular in shape (as shown in fig.1).
With respect to claim 3, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the second end defined an aperture (6) for attachment of the hoop (as shown in fig.2).
With respect to claim 4, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the first end is folded upon and attached to itself to form the aperture for attachment of the hoop (as shown in fig.2, via elongated patch of hook and loop fastener 4, as shown in fig.1).
With respect to claim 5, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the elongated, flexible material [0024] defines a first part and a second part that each extend between the first end and the second end (as shown in fig.1).
With respect to claim 6, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the first and second parts of the hook and fastener material (3,4) and [0024] and [0027] extend substantially between the first side and the second side (as shown in fig.1).
With respect to claim 7, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the hook is made of a flexible material [0023]-[0024]. The hook material is flexible as evidenced by Polliack et al. in [0042, a loop-bearing fastener material capable of being engaged matingly by a fastener material of a second kind, such as a hook-bearing flexible fastener material such as that well known under the trademark Velcro].
With respect to claim 11, regarding the method step claimed, to the extent that the prior art apparatus meets the structural limitations of the apparatus as claimed, it will inherently perform the method steps as claimed. Furthermore, it has been held that where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of anticipation has been established. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986) and In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977); (under the principles of inherency, if a prior art device, in its normal and usual operation, would necessarily perform the method claimed, then the method claimed will be considered to be anticipated by the prior art device) see MPEP 2112.01(1), as such, the combination of Hall et al./Nguyen discloses a method of using an arm immobilizer [0012], the method comprising: providing an arm immobilizer comprising: an elongated, flexible material having a first end and a second end; a first part of a hook and fastener material being attached to the first end; a second part of the hook and fastener material being attached to a portion of the elongated, flexible material positioned at a predefined location between the first end and the second end; a hoop shaped component that defines an aperture and is attached to the second end, foldable towards the predefined location between the first end and the second end for attachment of the first part of the hook and fastener material to the second part of the hook and fastener material; inserting the first end through the aperture of the hoop; using a second arm of the user to move the elongated, flexible material to a position that encircles a torso and first arm of a user; and using the second arm of the user to fold the first end towards the predefined location between the first end and the second end for attachment of the first part of the hook and fastener material to the second part of the hook and fastener material such that at least a portion of the first arm of the user is substantially immobilized.
With respect to claim 12, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the attachment of the first part of the hook and fastener material to the second part of the hook and fastener material at least substantially immobilizes an upper part of the first arm [0024] and [0027] and (fig.2).
With respect to claim 13, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the second end defined an aperture (6) for attachment of the hoop (as shown in fig.2).
With respect to claim 14, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the first end is folded upon and attached to itself to form the aperture for attachment of the hoop (as shown in fig.2, via elongated patch of hook and loop fastener 4, as shown in fig.1).
With respect to claim 15, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the elongated, flexible material [0024] defines a first side and a second side that each extend between the first end and the second end (as shown in fig.1).
With respect to claim 16, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the first and second parts of the hook and fastener material (3,4) and [0024] and [0027] extend substantially between the first side and the second side (as shown in fig.1).
With respect to claim 17, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the hook is made of a flexible material [0023]-[0024]. The hook material is flexible as evidenced by Polliack et al. in [0042, a loop-bearing fastener material capable of being engaged matingly by a fastener material of a second kind, such as a hook-bearing flexible fastener material such as that well known under the trademark Velcro].
With respect to claim 21, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. further discloses the at least a portion of the first arm is an upper part of the first arm [0030] and [0033].
With respect to claim 22, the combination of Hall et al./Nguyen substantially discloses the invention as claimed. Hall et al. inherently discloses a lower part of the first arm remains mobile [0030 discloses the upper arm of a user is being restrained, which would have allowed some degree of mobility to the forearm].
Claim(s) 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hall et al./Nguyen as applied to claims 1 and 11 above, and further in view of Neumann U.S. Patent No. (6,158,057).
With respect to claims 10 and 20, the combination of Hall et al./Nguyen substantially discloses the invention as claimed except the second part of the hook and fastener material is attached to the second layer.
Neumann however, teaches a walker-strap 10 has dual layers--i.e., an outer layer and an inner layer ([Col.4], lines 14-19) comprising a first layer or inner layer (12) on one side and a second layer or outer layer (11) on an opposing side, and wherein the first layer has a higher coefficient of friction than the second layer ([Col.4], lines 34-37, first layer (12) is preferably made with a material having a high coefficient of friction) the dual layers are attached to one another with any known attachment means, such as via adhesives, etc. Most preferably, the attachment means includes sewn threads, e.g., around the perimeter edges of the layers, to ensure a secure attachment and to facilitate washing and the like ([Col.4], lines 47-52); wherein the second part of the hook and fastener material is attached to the second layer or outer layer (11) and ([Col.6], lines 6-9).
In view of the teachings of Neumann, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the elongated, flexible material of Hall et al./Nguyen by attaching the second part of the hook and fastener material to the second layer for retaining the arm immobilizer on the anatomy of the user.
Response to Arguments
Applicant’s arguments, see pages 1-4, filed 09/11/2025, with respect to the rejection(s) of claim(s) 1-7 and 11-12 under 35 USC § 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hall et al./Nguyen. The Office maintain the secondary teaching to cure the deficiencies of Hall et al./Nguyen.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786