DETAILED ACTION
This is a Final Rejection for Application 18/555,721 filed October 16, 2023. The current application is a 371 of PCT/US22/25121 filed April 15, 2022 which claims priority to U.S. Provisional patent application serial number 63/175,799, filed on April 16, 2021. Claims 1, 3-5, 7-15, 17-19 and 21-26 are currently pending.
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
The examiner acknowledges the amendments to the claims. The amendments to claims 1 and 15 overcome the 35 USC § 102 rejections in the Office action filed August 20, 2025. Therefore, the rejections are withdrawn. However, as a result of the change in scope due to the amendments, new ground of rejection is presented below.
Response to Arguments
Applicant's arguments filed December 22, 2025 have been fully considered but they are not persuasive.
In response to applicant's argument that Bauerfeind is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Bauerfeind is reasonably pertinent to the particular problem as the pressure pads of Bauerfeind are positioned so that they push on and massage specific nerve ends during use of the truss pad. See [0023] of Bauerfeind.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). As provided in the prior Office action, Bauerfeind discloses that the truss pad 1 “is placed around the forearm in the region of the elbow so that the truss pad (1) pushes with the pressure pads (10, 20, 30, 40, 50) on the trigger points there” ([0060]). This is sufficient motivation to make the proposed combination and is not impermissible hindsight since it is taught by Bauerfeind.
Claim Objections
Claims 1 and 15 are objected to because of the following informalities: both claims recite “wherein the movable element is slidably coupled to the first coupling feature, second coupling feature, or both, and is slidable long an inner wall”. These recitations should recite “along” instead of “long” for proper grammar. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-5 and 7-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0406093 (Tarkington) in view of US 5,711,746 (Carlson), US 2019/0021896 (Bauerfeind) and US 2020/0197209 (Bejarano et al.).
Regarding claim 1, Tarkington discloses an involuntary movement dampening device (Tarkington discloses an exercise device that pivotally connects two portions of an extremity of a user and provides a resistance mechanism configured to exert force when a pivot is rotated. See the abstract and Figs. 1-10. The device of Tarkington is capable of use in dampening involuntary movements due to its rotation resistance.), comprising:
a first coupling extension including a first extension and a first coupling feature positioned along the first extension, the first coupling feature configured to secure to a first part of an extremity of a user (The exercise device 100 comprises foot support portion 101 as can be seen in Figs. 1-10. The foot support portion 101 is interpreted as a first coupling extension and comprises a framework 114 and a foot support surface 150. The framework 114 and foot support surface 150 are interpreted as a first extension and a first coupling feature, respectively. The foot support surface 150 configured to receive and support a foot of the user while the user is using the device 100. See Figs. 8a and 8b and [0052]-[0053].);
a second coupling extension including a second extension and a second coupling feature positioned along the second extension, the second coupling feature configured to secure to a second part of the extremity of the user (The exercise device 100 comprises leg support portion 102 as can be seen in Figs. 1-10. The leg support portion 102 is interpreted as a second coupling extension and comprises a pair of legs 106 and contoured plate 104. The pair of legs 106 and contoured plate 104 are interpreted as a second extension and a second coupling feature, respectively. The contoured plate 104 is configured to receive a leg 122 of a user 123. See Figs. 8a and 8b and [0048]-[0049].);
an adjustable hinge that provides a pivotable coupling between the first extension and the second extension, the adjustable hinge providing more than one dampening settings, each dampening setting of the more than one dampening settings providing a different level of pivoting resistance between the first extension and the second extension to thereby at least dampen involuntary pivoting between the first part and the second part of the extremity (Resistance mechanism 103 allows for the leg support portion 102 to pivot about the foot support portion 101 and is therefore, interpreted as a hinge. See [0046] and Figs. 1-10. Additionally, the resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.).
Tarkington does not disclose a nerve pressure feature positioned along the first coupling feature, second coupling feature, or both, for applying a pressure against a nerve of a user when the associated first coupling feature, second coupling feature, or both, are coupled to the extremity, wherein the nerve pressure feature is extruded; and a movable element coupled to the nerve pressure feature, wherein the movable element is slidably coupled to the first coupling feature, second coupling feature, or both, and is slidable long an inner wall of the first coupling feature, second coupling feature, or both, to allow the user to adjust a linear placement of the of the nerve pressure feature.
However, while Tarkington is drawn to use on the leg of a user, modifying the device for use on the arm of a user is within the skill of one of ordinary skill in the art. This is shown in Carlson. Additionally, the inclusion of a nerve pressure feature in orthotics is known to one of ordinary skill in the art such as in Bauerfeind and moveable elements are known to one of ordinary skill in the art such as in Bejarano.
Carlson discloses a rehabilitation device that is similar in structure and function to the exercise device 100 of Tarkington. The clevis bracket 45b and arm brace 50b of Carlson are analogous to the pair of legs 106 and contoured plate 104 of Tarkington, respectively. Additionally, the housing bracket 41b and hand brace 51b of Carlson are analogous to the framework 114 and foot support surface 150 of Tarkington, respectively. The rehabilitation device 100 of Carlson is largely similar in its foot configuration and its hand configuration as shown in Figs. 1C-1F and Figs. 2A-2B. Converting between the two configurations requires modifications within the skills of one of ordinary skill in the art.
Bauerfeind discloses a truss pad comprising pressure pads. See Figs. 1-5. The pressure pads 10, 20, 30, 40, 50 are applied to a brace via hook-and-loop connections to apply pressure to the user and are interpreted as a nerve pressure feature. See [0062]. Applying pressure pads to a brace is within the skills of one of ordinary skill in the art.
Bejarano discloses a brace including an upper support arm 102, a lower support arm 104, and a hinge assembly 106. The upper support arm 102 is coupled with an upper slide 162 which slidably moves second cuff 172. See Figs. 1 and 8A. The upper support arm 102 is analogous to a leg 106 of Tarkington and the second cuff 172 is analogous to the contoured plate 104 of Tarkington with the upper slide 162 being a moveable element. [0064] – “Each of lateral and medial portions 160, 170 further comprises upper slider 162, configured to slidably couple to upper support arm 102 at any of a plurality of incremental degrees of extension”. Making a brace slidably adjustable is within the skills of one of ordinary skill in the art.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to convert the pair of legs 106 and contoured plate 104 of Tarkington to attach to the forearm of a user and for the framework 114 and foot support surface 150 of Tarkington to attach to the hand of a user as taught by Carlson. A skilled artisan would have been motivated to do so because Carlson teaches that “the device (20a) is portable and can be used to rehabilitate, for example, a wrist, elbow, knee or ankle joint in the user's home” (abstract). This allows for the rehabilitation or treatment of injuries on multiple locations of the body with one device. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics with an articulation.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the truss pad 1 of Bauerfeind to the inside of the contoured plate 104 of Tarkington via hook-and-loop connection, which is configured to attach to the forearm of a user, as taught by Bauerfeind. A skilled artisan would have been motivated to do so because Bauerfeind teaches that the truss pad 1 “is placed around the forearm in the region of the elbow so that the truss pad (1) pushes with the pressure pads (10, 20, 30, 40, 50) on the trigger points there” ([0060]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics contacting injured parts of a user.
Finally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a slider 162 to the contoured plate 104 of Tarkington to make the plate slidably adjustable along the legs 106 as taught by Bejarano. A skilled artisan would have been motivated to do so because Bejarano teaches “respective lengths and adjustments of upper and lower sliders 162, 164 and upper and lower support arms 102, 104 are such that a broader range of persons (e.g., taller and/or shorter persons) may be accommodated by brace 100 compared to other braces.” ([0062]. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics with first and second coupling features separated by an adjustable hinge.
As a result of the modifications, Carlson, Bauerfeind and Bejarano teach that is would be obvious for Tarkington to comprise a nerve pressure feature positioned along the first coupling feature, second coupling feature, or both, for applying a pressure against a nerve of a user when the associated first coupling feature, second coupling feature, or both, are coupled to the extremity, wherein the nerve pressure feature is extruded (The truss pad 1 of Bauerfeind is being interpreted as a nerve pressure feature and due to the device of Tarkington being converted to be used on the forearm, the truss pad is capable of applying pressure to the ulnar nerve. Since the claims use the phrase “and/or” the prior art is only required to teach the nerve pressure feature positioned along one of the coupling features, the second coupling feature in the instant case. The recitation “extruded” is considered a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See MPEP 2113(I). In the instant case, the truss pad 1 of Bauerfeind extends from an inner wall of the modified contoured plate 104 of Tarkington. The truss pad does not have to be produced by extrusion.); and
a movable element coupled to the nerve pressure feature, wherein the movable element is slidably coupled to the first coupling feature, second coupling feature, or both, and is slidable long an inner wall of the first coupling feature, second coupling feature, or both, to allow the user to adjust a linear placement of the of the nerve pressure feature (The slider 162 of Bejarano allows the contoured plate 104 to be slidably coupled to the arms 106 which makes the slider 162 indirectly coupled to the truss pad 1 of Bauerfeind when combined together. This combination allows the truss pad 1 to slide along an inner wall of the leg support portion 102 to allow the user to adjust a linear placement of the pad.).
Regarding claim 3, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the dampening device is configured to reduce involuntary pivoting movement is caused by tremors or other involuntary movements experienced along the extremity of the user (A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. See MPEP 2114(II). In the instant case, the structure of Tarkington in view of Carlson, Bauerfeind and Bejarano as applied in claim 1 is capable of dampening tremors or other involuntary movements experienced along the extremity of the user.).
Regarding claim 4, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the nerve pressure feature includes material extending from an inner wall of the second coupling feature (The truss pad 1 of Bauerfeind comprises material extending from the inner wall of the contoured plate 104.).
Regarding claim 5, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the extruded material includes a spherical shape (The recitation “extruded” remains a product-by-process limitation. The pads 10, 20, 30, 40, 50 of the truss pad 1 of Bauerfeind are shown to be spherical in shape. See Figs. 1-4 of Bauerfeind.).
Regarding claim 7, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, further comprising at least one length adjusting feature for moving the first coupling feature or the second coupling feature closer to or further away from the adjustable hinge (In view of Bejarano, the contoured plate 104 is slidably coupled with the arms 106 thereby allowing the plate 104 to move closer to or further away from the adjustable hinge.).
Regarding claim 8, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the adjustable hinge includes a friction feature that increases pivoting resistance between the first extension and the second extension as compression of the friction feature is increased within the adjustable hinge (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.).
Regarding claim 9, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 8, wherein the friction feature decreases resistance in movement of the first and second extensions as compression of the friction feature decreases within the adjustable hinge (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.).
Regarding claim 10, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the adjustable hinge is configured to provide at least three different levels of pivoting resistance between the first extension and the second extension (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment. The dampening settings are interpreted as comprising at least three since there are infinite settings for the end cap since it is continuous.).
Regarding claim 11, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 10, wherein the adjustable hinge includes an adjustment feature that can be rotated by a user to at least three different positions, each position configuring the adjustable hinge to provide one of the at least three different levels of pivoting resistance (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment. The dampening settings are interpreted as comprising at least three since there are infinite settings for the end cap since it is continuous.).
Regarding claim 12, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 11, wherein the adjustable hinge includes a sensory feedback mechanism that provides at least one of a tactile feedback and an audible feedback to the user as a result of the adjustable hinge changing to a different level of pivoting resistance (The end cap 130 is interpreted as a tactile feedback as the user’s hand is used to turn the cap. The user can use the end cap 130 to determine the different degrees of resistance of the device thereby providing feedback.).
Regarding claim 13, Tarkington in view of Carlson, Bauerfeind and Bejarano discloses the involuntary movement dampening device of claim 1, wherein the first coupling feature and the second coupling feature each include an adjustable strap, an inflatable strap, or both (straps 116 are interpreted as a first coupling feature and strap 111 is interpreted as a second coupling feature. Both straps 116 and 111 are adjustable with hook and loop fasteners. See [0049] and [0053].).
Regarding claim 14, Tarkington in view of Carlson, Bauerfeind and Bejarano, as modified above, discloses the involuntary movement dampening device of claim 1.
Tarkington in view of Carlson, Bauerfeind and Bejarano, as modified above, does not disclose wherein the second coupling extension includes more than one second coupling feature that are moveable along the second extension relative to each other and relative to the adjustable hinge.
However, adding an additional second coupling feature that is independently slidable from the initial second coupling feature is within the skills of one of ordinary skill in the art as it is taught by Bejarano.
Bejarano further discloses a first cuff 171 positioned separate from the second cuff 172, both disposed above the hinge assembly 106. See Fig. 8A. [0066] – “In another implementation, rather than being riveted onto the support arms, the cuffs 171 and 173 that are next to the hinge 106 are slidably engaged with the support arms so that the distance between each cuff 171, 173 and the hinge 106 can also be adjusted.”
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a second contoured panel of Tarkington between the contoured panel 104 and resistance mechanism 103 that both slide along arms 106 independently as taught by Bejarano. A skilled artisan would have been motivated to do so because Bejarano teaches that [0073] – “each of lateral and medial portions 160, 170 of brace 100 may further comprise a first cuff 171, a second cuff 172, a third cuff 173 and a fourth cuff 174, each configured to receive a respective strap for securing brace 100 to the appendage of the user at various locations above and below the joint of the user”. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics with first and second coupling features separated by an adjustable hinge.
As a result of the combination, Carlson, Bauerfeind and Bejarano teach that is would be obvious for Tarkington to comprise wherein the second coupling extension includes more than one second coupling feature that are moveable along the second extension relative to each other and relative to the adjustable hinge (In view of Bejarano, Tarkington comprises an additional second coupling feature moveable relative to each other and the hinge.).
Claim(s) 15, 17-19 and 21-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0406093 (Tarkington) in view of US 5,711,746 (Carlson), US 2019/0021896 (Bauerfeind), US 2020/0197209 (Bejarano et al.) and US 2002/0183662 (Lu).
Regarding claim 15, Tarkington discloses a method of an involuntary movement dampening device (Tarkington discloses an exercise device that pivotally connects two portions of an extremity of a user and provides a resistance mechanism configured to exert force when a pivot is rotated. See the abstract and Figs. 1-10. The device of Tarkington is capable of use in dampening involuntary movements due to its rotation resistance.), comprising:
adjusting a pivoting resistance of an adjustable hinge of the involuntary movement dampening device to achieve a first level of pivoting resistance (Resistance mechanism 103 allows for the leg support portion 102 to pivot about the foot support portion 101 and is therefore, interpreted as a hinge. See [0046] and Figs. 1-10. Additionally, the resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.), the involuntary movement dampening device comprising:
a first coupling extension including a first extension and a first coupling feature positioned along the first extension, the first coupling feature configured to secure to a first part of an extremity of a user (The exercise device 100 comprises foot support portion 101 as can be seen in Figs. 1-10. The foot support portion 101 is interpreted as a first coupling extension and comprises a framework 114 and a foot support surface 150. The framework 114 and foot support surface 150 are interpreted as a first extension and a first coupling feature, respectively. The foot support surface 150 configured to receive and support a foot of the user while the user is using the device 100. See Figs. 8a and 8b and [0052]-[0053].); and
a second coupling extension including a second extension and a second coupling feature positioned along the second extension, the second coupling feature configured to secure to a second part of the extremity of the user (The exercise device 100 comprises leg support portion 102 as can be seen in Figs. 1-10. The leg support portion 102 is interpreted as a second coupling extension and comprises a pair of legs 106 and contoured plate 104. The pair of legs 106 and contoured plate 104 are interpreted as a second extension and a second coupling feature, respectively. The contoured plate 104 is configured to receive a leg 122 of a user 123. See Figs. 8a and 8b and [0048]-[0049].),
wherein the adjustable hinge provides a pivotable coupling between the first extension and the second extension, the adjustable hinge providing more than one dampening settings, each dampening setting of the more than one dampening settings providing a different level of pivoting resistance between the first extension and the second extension to thereby at least dampen involuntary pivoting between the first part and the second part of the extremity (Resistance mechanism 103 allows for the leg support portion 102 to pivot about the foot support portion 101. See [0046] and Figs. 1-10. Additionally, the resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.); and
wherein the involuntary movement dampening device is coupled to the extremity (The exercise device of Tarkington is coupled to the extremity of a user and specifically, the lower leg and foot of the user. See Figs. 8-10.).
Tarkington does not disclose applying a pressure against a nerve of a user when the associated first coupling feature, second coupling feature, or both, are coupled to the extremity, using a nerve pressure feature positioned along the first coupling feature, second coupling feature, or both, wherein the nerve pressure feature is coupled to a movable element, wherein the movable element is slidably coupled to the first coupling feature, second coupling feature, or both, and is slidable long an inner wall of the first coupling feature, second coupling feature, or both, to allow the user to adjust a linear placement of the of the nerve pressure feature, and wherein the nerve pressure feature is extruded; and dampening an involuntary movement of the extremity of the user.
However, Tarkington is capable of dampening involuntary movement of the extremity of a user due to the resistance mechanism 103 comprising a friction device 144 which allows the resistance mechanism to dampen movement including involuntary movement. Additionally, it is within the skills of one of ordinary skill in the art to apply the orthotic of Tarkington to a user having involuntary movement. While Tarkington is drawn to use on the leg of a user, modifying the device for use on the arm of a user is within the skill of one of ordinary skill in the art. This is shown in Carlson. Additionally, the inclusion of a nerve pressure feature in orthotics is known to one of ordinary skill in the art such as in Bauerfeind and moveable elements are known to one of ordinary skill in the art such as in Bejarano. Finally, extrusion is a known process in the art to make padding such as in Lu.
Carlson discloses a rehabilitation device that is similar in structure and function to the exercise device 100 of Tarkington. The clevis bracket 45b and arm brace 50b of Carlson are analogous to the pair of legs 106 and contoured plate 104 of Tarkington, respectively. Additionally, the housing bracket 41b and hand brace 51b of Carlson are analogous to the framework 114 and foot support surface 150 of Tarkington, respectively. The rehabilitation device 100 of Carlson is largely similar in its foot configuration and its hand configuration as shown in Figs. 1C-1F and Figs. 2A-2B. Converting between the two configurations requires modifications within the skills of one of ordinary skill in the art.
Bauerfeind discloses a truss pad comprising pressure pads. See Figs. 1-5. The pressure pads 10, 20, 30, 40, 50 are applied to a brace via hook-and-loop connections to apply pressure to the user and are interpreted as a nerve pressure feature. See [0062]. Applying pressure pads to a brace is within the skills of one of ordinary skill in the art.
Bejarano discloses a brace including an upper support arm 102, a lower support arm 104, and a hinge assembly 106. The upper support arm 102 is coupled with an upper slide 162 which slidably moves second cuff 172. See Figs. 1 and 8A. The upper support arm 102 is analogous to a leg 106 of Tarkington and the second cuff 172 is analogous to the contoured plate 104 of Tarkington with the upper slide 162 being a moveable element. [0064] – “Each of lateral and medial portions 160, 170 further comprises upper slider 162, configured to slidably couple to upper support arm 102 at any of a plurality of incremental degrees of extension”. Making a brace slidably adjustable is within the skills of one of ordinary skill in the art.
Lu discloses a veins and arteries massager using an extruded message pad 42. See [0022].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to convert the pair of legs 106 and contoured plate 104 of Tarkington to attach to the forearm of a user and for the framework 114 and foot support surface 150 of Tarkington to attach to the hand of a user as taught by Carlson. A skilled artisan would have been motivated to do so because Carlson teaches that “the device (20a) is portable and can be used to rehabilitate, for example, a wrist, elbow, knee or ankle joint in the user's home” (abstract). This allows for the rehabilitation or treatment of injuries on multiple locations of the body with one device. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics with an articulation.
Additionally, it would have been obvious to an artisan of ordinary skill before the effective filing date to add the truss pad 1 of Bauerfeind to the inside of the contoured plate 104 of Tarkington via hook-and-loop connection, which is configured to attach to the forearm of a user, as taught by Bauerfeind. A skilled artisan would have been motivated to do so because Bauerfeind teaches that the truss pad 1 “is placed around the forearm in the region of the elbow so that the truss pad (1) pushes with the pressure pads (10, 20, 30, 40, 50) on the trigger points there” ([0060]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics contacting injured parts of a user.
Next, it would have been obvious to an artisan of ordinary skill before the effective filing date to add a slider 162 to the contoured plate 104 of Tarkington to make the plate slidably adjustable along the legs 106 as taught by Bejarano. A skilled artisan would have been motivated to do so because Bejarano teaches “respective lengths and adjustments of upper and lower sliders 162, 164 and upper and lower support arms 102, 104 are such that a broader range of persons (e.g., taller and/or shorter persons) may be accommodated by brace 100 compared to other braces.” ([0062]. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthotics with first and second coupling features separated by an adjustable hinge.
Then, it would have been obvious to an artisan of ordinary skill before the effective filing date for the truss pads of Bauerfeind to be made using an extruded material as taught by Lu. A skilled artisan would have been motivated to do so because extrusion is a known process of manufacturing in the art due to its relatively low cost, high efficiency, and flexibility in operation. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to orthopedic padding.
Finally, it would have been obvious to an artisan of ordinary skill before the effective filing date for the exercise device of Tarkington to be applied to a user having involuntary movement. A skilled artisan would have been motivated to do so because Tarkington teaches that their device is provides a passive resistance to rotational movement ([0059]). Passive resistance is useful in preventing involuntary movements since the resistance is always being applied while the device is worn. A skilled artisan would have a reasonable expectation of success given that the reference is an orthotic provided with a passive resistance mechanism.
As a result of the modifications, Carlson, Bauerfeind, Bejarano and Lu teach that is would be obvious for Tarkington to comprise
applying a pressure against a nerve of a user when the associated first coupling feature, second coupling feature, or both, are coupled to the extremity, using a nerve pressure feature positioned along the first coupling feature, second coupling feature, or both (The truss pad 1 of Bauerfeind is being interpreted as a nerve pressure feature and due to the device of Tarkington being converted to be used on the forearm, the truss pad is applying pressure to the ulnar nerve when in use. Since the claims use the phrase “and/or” the prior art is only required to teach the nerve pressure feature positioned along one of the coupling features, the second coupling feature in the instant case.),
wherein the nerve pressure feature is coupled to a movable element, wherein the movable element is slidably coupled to the first coupling feature, second coupling feature, or both, and is slidable long an inner wall of the first coupling feature, second coupling feature, or both, to allow the user to adjust a linear placement of the of the nerve pressure feature (The slider 162 of Bejarano allows the contoured plate 104 to be slidably coupled to the arms 106 which makes the slider 162 indirectly coupled to the truss pad 1 of Bauerfeind when combined together. This combination allows the truss pad 1 to slide along an inner wall of the leg support portion 102 to allow the user to adjust a linear placement of the pad.), and
wherein the nerve pressure feature is extruded (The truss pad 1 of Bauerfeind extends from an inner wall of the modified leg support portion 102 of Tarkington and is modified to be made using an extrusion process.); and
dampening an involuntary movement of the extremity of the user (The exercise device of Tarkington is coupled to the extremity of a user and provides a passive resistance which dampens any involuntary movements of the extremity of the user that the device is worn. See [0059].).
Regarding claim 17, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 15, wherein the dampening is configured to reduce involuntary pivoting movement is caused by tremors or other involuntary movements experienced along the extremity of the user (The structure of Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu as applied in claim 15 dampens tremors or other involuntary movements experienced along the extremity of the user.).
Regarding claim 18, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 15, wherein the nerve pressure feature includes a material extending from an inner wall of the second coupling feature (The truss pad 1 of Bauerfeind comprises material extending from the inner wall of the contoured plate 104.).
Regarding claim 19, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 18, wherein the extruded material includes a spherical shape (The pads 10, 20, 30, 40, 50 of the truss pad 1 of Bauerfeind are shown to be spherical in shape. See Figs. 1-4 of Bauerfeind.).
Regarding claim 21, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 15, wherein the involuntary movement dampening device includes at least one length adjusting feature for moving the first coupling feature or the second coupling feature closer to or further away from the adjustable hinge (In view of Bejarano, the contoured plate 104 is slidably coupled with the arms 106 thereby allowing the plate 104 to move closer to or further away from the adjustable hinge.).
Regarding claim 22, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 15, wherein the adjustable hinge includes a friction feature that increases pivoting resistance between the first extension and the second extension as compression of the friction feature is increased within the adjustable hinge (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.).
Regarding claim 23, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 22, wherein the friction feature decreases resistance in movement of the first and second extensions as compression of the friction feature decreases within the adjustable hinge (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment.).
Regarding claim 24, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 15, wherein the adjustable hinge is configured to provide at least three different levels of pivoting resistance between the first extension and the second extension (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment. The dampening settings are interpreted as comprising at least three since there are infinite settings for the end cap since it is continuous.).
Regarding claim 25, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 24, wherein the adjustable hinge includes an adjustment feature that can be rotated by a user to at least three different positions, each position configuring the adjustable hinge to provide one of the at least three different levels of pivoting resistance (The resistance mechanism 103 comprises a friction device 144 that can be adjusted to change the resistance of the resistance mechanism 103, making the resistance mechanism 103 an adjustable hinge. See [0057]. Rotation of an end cap 130 of the resistance mechanism 103 controls the pressure of stacked washers 125, 126, thus modifying the degree of friction created and the resultant resistance to pivoting of resistance mechanism 103. This allows for multiple dampening settings as the rotation of the end cap allows for continuous adjustment. The dampening settings are interpreted as comprising at least three since there are infinite settings for the end cap since it is continuous.).
Regarding claim 26, Tarkington in view of Carlson, Bauerfeind, Bejarano and Lu discloses the method of claim 25, wherein the adjustable hinge includes a sensory feedback mechanism that provides at least one of a tactile feedback and an audible feedback to the user as a result of the adjustable hinge changing to a different level of pivoting resistance (The end cap 130 is interpreted as a tactile feedback as the user’s hand is used to turn the cap. The user can use the end cap 130 to determine the different degrees of resistance of the device thereby providing feedback.).
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 Seth Brown whose telephone number is (571)272-5642. The examiner can normally be reached 8:00 AM – 11:00 AM or 1:00 PM – 3:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SETH R. BROWN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786