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 .
Response to Amendment
Applicant’s Amendments, filed 9/4/2026, to claims 1-2, 9, 15-16, 19, 23 acknowledged by Examiner. Additionally, applicant cancelled claim 3, 17.
Claims 1-2, 4-16, 18-30 are now pending, claims 4, 13, 18 stands withdrawn.
Response to Arguments
Applicant’s arguments with respect to claim(s) 15 and 23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. A new reference has been provided for the amended language of claim 23. A new reference instead of Ghanem has been used for claim 15.
Applicant's arguments filed 9/4/2026 have been fully considered but they are not persuasive.
Applicant asserts that Hall does not disclose the amended language of “wherein at least one of the one or more handles is a U-shaped handle having a first end attached to the femoral portion and a second end attached to the tibial portion, the first and second ends being positioned on opposite sides of the joint”. Examiner disagrees as Hall teaches wherein at least one of the one or more handles 101 is a U-shaped handle (Fig. 13-14 and Col. 7 lines 47-53) having a first end attached to the femoral portion and a second end attached to the tibial portion (Fig. 13-14 there are two first/second ends of the U-shaped handle 101 therein, wherein each first/second end is connected at a corresponding medial/lateral joint/hinge hub 1301 on the sides of the knee therein formed by both the analogous femoral portion 1302U and an analogous tibial portion 1302L, and thus a first end is attached to the femoral portion via the connection to the hub 1301, and a second end is attached to the tibial portion via the connection to the hub 1301 as well, each end of the U-shaped handle can further be said to be attached to the corresponding femoral/tibial portions of the brace as shown),
the first and second ends being positioned on opposite sides of the joint 1301 (Fig. 13-14, wherein one first end of the handle 101 is on a medial side of the overall joint 1301 and the other second end of the handle 101 is on the lateral side of the overall joint 1301, thus the first and second ends are positioned on opposite medial/lateral sides of the joint 1301).
Applicant appears to be attempting to assert that the first and second ends of the handle are placed specifically on opposite proximal and distal sides of the joint; however, Applicant’s language of simply “opposite sides” is broadly read still by the reference of Hall as indicated. Furthermore, the usage of the language of “a first end attached to the femoral portion and a second end attached to the tibial portion” is still broadly reading on the teachings of Hall as the joint 1301 of which each first/second end of the handle 101 of Hall connects to comprises portions of both the femoral and tibial portions of the frame and are attached to those portions of the frame, thus the handle 101 is attached at its ends to each frame portion via its connection at joint 1301 (Hall Fig. 13-14).
Applicant appears to argue against the combination of Vixathep. Examiner disagrees. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Vixathep provides for teachings of how detachably attach a handle to something, thus being able to be combinable with the detachable handle teachings of Hall in order to incorporate the benefits of a spring-loaded locking member and pin to such detachable attachment.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 5-12, 14, 21-22, 24-26 and 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ceriani (US 20060155229 A1) in view of Hall (US 9492342 B2).
With respect to claim 1, Ceriani discloses a surgical leg holder for manipulating a leg during surgery (Fig 1, brace 10 capable of use during surgery as it leaves a majority of the leg exposed), the surgical leg holder comprising:
a frame comprising a proximal femoral portion (Fig 1, femur portion 14a), a joint (Fig 1, joint 12a) and a tibial portion distal the joint (Fig 1, tibial portion 16a), the frame capable of angular adjustment about the joint ([0031], joint allows for locking angular adjustments)…
and one or more fasteners to circumscribe at least a portion of a leg to secure the leg to the frame (Fig 1, fasteners 82a, 84a, 84b, and 82b).
Ceriani is silent on one or more handles rigidly attached to the frame and extending outward therefrom, the one or more handles comprising a rigid structural member configured to be grasped by a user, wherein at least one of the one or more handles is a U-shaped handle having a first end attached to the femoral portion and a second end attached to the tibial portion, the first and second ends being positioned on opposite sides of the joint
However, Hall teaches an analogous conventional knee brace 1300 (Fig. 13-14 and Col. 7 lines 47-53) comprising one or more handles 101 rigidly attached to an analogous frame 1300 (Fig. 13-14) and extending outward therefrom, the one or more handles 101 comprising a rigid structural member 101U configured to be grasped by a user (Fig. 13-14 and Col. 7 lines 47-53) (Fig. 12-14, the handle 101 is rigidly attached to the knee brace at the hinge joint 1301 as shown),
wherein at least one of the one or more handles 101 is a U-shaped handle (Fig. 13-14 and Col. 7 lines 47-53) having a first end attached to the femoral portion and a second end attached to the tibial portion (Fig. 13-14 there are two first/second ends of the U-shaped handle 101 therein, wherein each first/second end is connected at a corresponding medial/lateral joint/hinge hub 1301 on the sides of the knee therein formed by both the analogous femoral portion 1302U and an analogous tibial portion 1302L, and thus a first end is attached to the femoral portion via the connection to the hub 1301, and a second end is attached to the tibial portion via the connection to the hub 1301 as well, each end of the U-shaped handle can further be said to be attached to the corresponding femoral/tibial portions of the brace as shown),
the first and second ends being positioned on opposite sides of the joint 1301 (Fig. 13-14, wherein one first end of the handle 101 is on a medial side of the overall joint 1301 and the other second end of the handle 101 is on the lateral side of the overall joint 1301, thus the first and second ends are positioned on opposite medial/lateral sides of the joint 1301).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the handle 101 as taught by Hall for attachment as claimed to the joint 12a of Ceriani therein in order to enable the leg to be manipulated for positioning and knee rehabilitation therein (Abstract of Hall).
With respect to claim 2, Ceriani in view of Hall discloses the invention of claim 1 above.
Hall further teaches the U-shaped handle 101 is removably secured to the frame 1300 and configured to be selectively detachable therefrom (Fig. 13-14, shows the U-shaped handle 101 being removable and selectively detached from the frame 1300, see further Col. 7 lines 45-55, wherein joint 1301 comprises “handle attachment hardware”, and Col. 3 lines 60-67, wherein the U-shaped handle is detachable and thus also removably secured to the knee braces, see further Col. 5 lines 20-25 and claim 20).
With respect to claim 5, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani further comprising one or more pads secured to an inner side of the frame (Ceriani Fig 1, [0039], pads 72).
With respect to claim 6, Ceriani/Hall discloses The surgical leg holder of claim 5.
Ceriani further discloses comprising at least one pad secured to the femoral portion of the frame and at least one pad secured to tibial portion of the frame (Ceriani Fig 1, [0039], pads 72 on each of the femoral 14 and tibial 16 portions).
With respect to claim 7, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani further discloses wherein the femoral portion of the frame includes a femoral portion end connector and a thigh shaft (Ceriani Fig 1, femoral portion end connector 20a and thigh shaft 14a), the femoral portion end connector capable of being placed in a first position in which the femoral portion end connector is movable about the thigh shaft in an axial direction and a second position in which the femoral portion is locked with respect to the thigh shaft (Ceriani Fig 1, femoral portion 20a movable and lockable in an axial direction with respect to the thigh shaft 14a via lock 138).
With respect to claim 8, Ceriani/Hall discloses The surgical leg holder of claim 7.
Ceriani further discloses wherein the tibial portion of the frame includes a tibial portion end connector movable about a tibial shaft (Ceriani Fig 1, tibial end connector 24a and tibial shaft 26a), the tibial portion end connector capable of being placed in a first position in which the tibial portion end connector is movable about the tibial shaft about an axial direction and a second position in which the tibial portion is locked with respect to the tibial shaft (Fig 1, tibial connector 24a movable along and lockable relative to the tibial shaft 26a via lock 138; “about” interpreted as “relative to” rather than “in rotation”).
With respect to claim 9, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani discloses wherein a distal end of the femoral portion of the frame is defined by a first hub and a proximal end of the tibial portion of the frame is defined by a second hub (Ceriani Fig 4, Fig 1, first and second hubs at each end of the tibial and femoral portions which define the joint 12).
With respect to claim 10, Ceriani/Hall discloses The surgical leg holder of claim 9.
Ceriani discloses wherein the joint is capable of being placed in a first position in which the first hub is rotatable about the second hub and a second position in which the first hub and second hub cannot be rotated with respect to each other (Ceriani [0030], hubs make up joint 12 which is lockable).
With respect to claim 11, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani discloses wherein the one or more fasteners includes one or more of a belt, strap, sleeve or clamp (Ceriani Fig 1, straps 82a, 84a, 84b, and 82b make up fasteners 82a, 84a, 84b, and 82b).
With respect to claim 12, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani further comprising a second frame, the one or more fasteners securing the leg between the first frame and the second frame (Ceriani Fig 1, other frame made up of 14b and 16b).
With respect to claim 14, Ceriani/Hall discloses The surgical leg holder of claim 1.
Hall teaches wherein an outer surface of the frame comprises one or more handle mating members (Fig. 13-14, outer surface of the frame/brace 1300 comprises the handle mating member 1301 for attachment of the handle 101).
With respect to claim 21, Ceriani/Hall discloses The surgical leg holder of claim 1.
Hall teaches wherein the one or more handles are detachably coupled to the frame (Fig. 13-14 and Col. 3 line 60 and Col. 5 lines 23-24, handle is detachable from the frame/brace therein).
With respect to claim 22, Ceriani/Hall discloses The surgical leg holder of claim 1.
Hall teaches wherein the one or more handles 101 comprise a unitary member 101U extending outward from the frame (Fig. 13-14, the member 101U of the handle 101 is extending from the frame via intervening structures of the handle 101 therein, the member 101U is shown through Fig. 1A-1B to be a unitary member of the overall handle).
With respect to claim 24, Ceriani/Hall discloses The surgical leg holder of claim 23.
Hall teaches wherein the frame comprises a plurality of handle mounting locations (Fig. 13-14, frame of Hall comprises two handle mounting locations 1301 on each side of the frame as shown thus being a plurality of handle mounting locations).
With respect to claim 25, Ceriani/Hall discloses The surgical leg holder of claim 21.
Hall teaches wherein the frame is configured to receive a plurality of different leg support components (Fig. 13-14 and Col. 7 lines 47-53, the frame has “handle attachment hardware 1301” thus capable of receiving different handles being different leg support structures) (Fig. 13-14, the frame/brace further comprises leg straps 1303 being also different leg support components therein) (Examiner further notes that this functional claim is broad for simply having the frame configured/capable of receiving a plurality of different leg support components, there being no actual recited structure therein).
With respect to claim 26, Ceriani/Hall discloses The surgical leg holder of claim 25.
Hall teaches wherein the plurality of different leg support components comprise supports of different sizes or curvatures (Examiner notes this claim is broad as the plurality of different leg support components here in claim 26 is defined as functional language in claim 25) (Hall teaches as modified with Ceriani in Col. 7 lines 47-53, the frame has “handle attachment hardware 1301” enabling any of the handles 101 as shown in Fig. 1-17 to be attached therein, wherein the handles 101 as shown in Fig. 1-2, the handle may be adjusted in size as shown with the arrows, thus there may be various handles of different sizes that are attachable to the frame being a plurality of different leg support components comprise supports of different sizes with the handles being supports).
With respect to claim 30, Ceriani/Hall discloses The surgical leg holder of claim 1.
Ceriani wherein the one or more fasteners comprise flexible securing members configured to conform to a portion of the leg (Fig 1, fasteners 82a, 84a, 84b, and 82b are straps, see [0041], wherein straps are implicitly flexible securing members which are configured to conform to the leg as shown in Fig. 2-3)
Claims 15-16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ceriani (US 20060155229 A1) in view of Hall (US 9492342 B2) in further view of Kloepper (US 4854313 A).
With respect to claim 15, Ceriani discloses a method of manipulating a leg (Fig 1-12, brace 10 is holding and manipulating the leg as its worn), comprising introducing the leg to a surgical leg holder (Fig. 2-3, the leg is placed into the brace 10), the surgical leg holder comprising:
a frame comprising a proximal femoral portion (Fig 1, femur portion 14a), a joint (Fig 1, joint 12a) and a tibial portion distal the joint (Fig 1, tibial portion 16a), the frame capable of angular adjustment about the joint ([0031], joint allows for locking angular adjustments)…
and one or more fasteners to circumscribe at least a portion of a leg to secure the leg to the frame (Fig 1, fasteners 82a, 84a, 84b, and 82b),
securing the leg to the frame with the one or more fasteners (Fig. 1-3, leg secured to the frame/brace 10 with the shown fasteners 82a, 84a, 84b, and 82b).
Ceriani is silent on one or more handles rigidly attached to the frame and extending outward therefrom, the one or more handles comprising a rigid structural member configured to be grasped by a user, wherein at least one of the one or more handles is a U-shaped handle having a first end attached to the femoral portion and a second end attached to the tibial portion, the first and second ends being positioned on opposite sides of the joint, and grasping the one or more handles to manipulate the frame and the leg secured thereto.
However, Hall teaches an analogous conventional knee brace 1300 (Fig. 13-14 and Col. 7 lines 47-53) comprising one or more handles 101 rigidly attached to an analogous frame 1300 (Fig. 13-14) and extending outward therefrom, the one or more handles 101 comprising a rigid structural member 101U configured to be grasped by a user (Fig. 13-14 and Col. 7 lines 47-53) (Fig. 12-14, the handle 101 is rigidly attached to the knee brace at the hinge joint 1301 as shown),
wherein at least one of the one or more handles 101 is a U-shaped handle (Fig. 13-14 and Col. 7 lines 47-53) having a first end attached to the femoral portion and a second end attached to the tibial portion (Fig. 13-14 there are two first/second ends of the U-shaped handle 101 therein, wherein each first/second end is connected at a corresponding medial/lateral joint/hinge hub 1301 on the sides of the knee therein formed by both the analogous femoral portion 1302U and an analogous tibial portion 1302L, and thus a first end is attached to the femoral portion via the connection to the hub 1301, and a second end is attached to the tibial portion via the connection to the hub 1301 as well, each end of the U-shaped handle can further be said to be attached to the corresponding femoral/tibial portions of the brace as shown),
the first and second ends being positioned on opposite sides of the joint 1301 (Fig. 13-14, wherein one first end of the handle 101 is on a medial side of the overall joint 1301 and the other second end of the handle 101 is on the lateral side of the overall joint 1301, thus the first and second ends are positioned on opposite medial/lateral sides of the joint 1301),
grasping the one or more handles 101 to manipulate the frame and the leg secured thereto (Fig. 13-14, the user is able to grasp the handle 101 to thus manipulate the frame 1300 and the leg secured therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the handle 101 and the method of grasping the one or more handles to manipulate the frame and the leg secured thereto as taught by Hall for attachment as claimed to the joint 12a of Ceriani therein in order to enable the leg to be manipulated for positioning and knee rehabilitation therein (Abstract of Hall).
Ceriani/Hall fails to explicitly disclose the method of manipulation occurring during a surgical procedure, and grasping the one or more handles to manipulate the frame and the leg secured thereto during the surgical procedure.
However, Kloepper teaches an analogous U-shaped handle 44 (Fig. 1-4) in attachment with an analogous leg of a user (Fig. 1-4) and an analogous frame 28 (Fig. 1-4, wrapped tape 28 around leg being a similar “frame”), and provides the method of wherein during a surgical procedure, grasping the one or more handles 44 to manipulate the frame 28 and the leg secured thereto (Fig. 1-4 and Abstract, and Col. 1 line 65-Col. 2 line 20, wherein the handle 44 is grasped in order to manipulate the leg and be able to provide stress to the movement of the leg and knee joint therein during an arthroscopic knee surgery of the knee joint).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have performed the methods of Ceriani as combined with Hall to be performed during arthroscopic knee surgery of the knee joint as taught by Kloepper to provide stress and testing to a knee joint of a user (Kloepper Fig. 1-4 and Abstract).
With respect to claim 16, Ceriani in view of Hall and Kloepper discloses the invention of claim 15 above.
Hall further teaches the U-shaped handle 101 is removably secured to the frame 1300 and configured to be selectively detachable therefrom (Fig. 13-14, shows the U-shaped handle 101 being removable and selectively detached from the frame 1300, see further Col. 7 lines 45-55, wherein joint 1301 comprises “handle attachment hardware”, and Col. 3 lines 60-67, wherein the U-shaped handle is detachable and thus also removably secured to the knee braces, see further Col. 5 lines 20-25 and claim 20).
With respect to claim 19, Ceriani in view of Hall and Kloepper discloses the invention of claim 15 above.
Ceriani further discloses wherein a distal end of the femoral portion of the frame is defined by a first hub and a proximal end of the tibial portion of the frame is defined by a second hub (Ceriani Fig 4, Fig 1, first/second hubs at each end of the tibial and femoral portions which define the joint 12).
With respect to claim 20, Ceriani in view of Hall and Kloepper discloses the invention of claim 15 above.
Ceriani further discloses wherein the joint is capable of being placed in a first position in which a first hub is rotatable about a second hub and a second position in which the first hub and the second hub cannot be rotated with respect to each other (Ceriani [0030], hubs make up joint 12 which is lockable).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ceriani (US 20060155229 A1) in view of Hall (US 9492342 B2) in view of Balentine (US 20200188155 A1).
With respect to claim 23, Ceriani/Hall discloses The surgical leg holder of claim 21.
Hall teaches wherein the one or more handles 101 are selectively attachable to different locations on the frame (Fig. 13-14, the handle ends attach to two separate different points/sides/locations 1301 on the frame for attachment, being selective attachment as being detachable, Col. 3 line 60 and Col. 5 lines 23-24).
Hall does not teach wherein the one or more handles are selectively attachable in a first handle position using a first set of one or more handle mounting locations and in a second handle position different from the first handle position using a second set of one or more handle mounting locations.
However, Balentine teaches an analogous knee brace 10 (Fig. 6) with a selectively attachable handle 22 (Fig. 6), wherein the handle 22 is selectively attachable in a first handle position using a first set of one or more handle mounting locations and in a second handle position different from the first handle position using a second set of one or more handle mounting locations ([0033-0036] the handle 22 is selectively attachable at a plurality of linkage apertures 84 having multiple thus first/second/third etc. positions at each aperture 84, each aperture 84 constituting a handle mounting location, thus there being a first handle position 84 using a first set of one or more handle mounting locations 84 and in a second handle position 84 different from the first handle position 84 using a second set of one or more handle mounting locations 84).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the handle 101 of Hall as combined to be selectively attachable in a first handle position using a first set of one or more handle mounting locations and in a second handle position different from the first handle position using a second set of one or more handle mounting locations as taught by Balentine in order to enable the handle 101 to have its height adjusted for preferred handling (Balentine [0036]).
Claim(s) 27-29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ceriani (US 20060155229 A1) in view of Hall (US 9492342 B2) in view of Vixathep (US 20140024506 A1).
Regarding claim 27, Ceriani/Hall discloses the invention of claim 21 above.
Ceriani/Hall does not disclose wherein the one or more handles are detachably coupled to the frame via a spring-biased locking member movable between an engaged position in which the handle is secured to the frame and a disengaged position in which the handle is removable from the frame.
However, Vixathep teaches an analogous handle 12 (Fig. 1-2 and [0033]) being analogously detachably attached onto an analogous frame member 18 (Fig. 1-3, dumbbell transverse member 18 [0032] being attached to the handle 12) (being in the analogous field of invention and problem solving of detachably attaching on a handle to another member), wherein the handle 12 is detachably coupled to the frame 18 (Fig. 1-3), via a spring-biased locking member 27 ([0035-0036] “spring-loading locking pin 27”) movable between an engaged position in which the handle is secured to the frame and a disengaged position in which the handle is removable from the frame (Fig. 1-3 and [0035-0036] the pin 27 may be engaged and thus providing a locked position between the handle and frame, and depressed/disengaged to enable the handle to be removed).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the one or more handles that detachably coupled to the frame of Ceriani/Hall to be via the spring-biased locking member 27 as taught by Vixathep in order to provide further securement of the handle therein that would ensure it is not removed from the frame when the handle is grasped and pulled (Vixathep [0036]).
Regarding claim 28, Ceriani/Hall in view of Vixathep discloses the invention of claim 27 above.
Vixathep further teaches wherein the spring-biased locking member is configured to be manually actuated to release the handle from the frame. ([0036] spring biased locking pin 27 is manually depressed (actuated) to release the handle).
Regarding claim 29, Ceriani/Hall in view of Vixathep discloses the invention of claim 27 above.
Vixathep further teaches wherein the spring-biased locking member comprises a spring-loaded pin ([0035-0036] “spring-loading locking pin 27”).
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 KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at (571) 270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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