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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-6) in the reply filed on 7/8/2026 is acknowledged.
Claims 7-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected intention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/8/2026.
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.
Claims 2, 4, 5, and 6 are 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.
Claim 2 recites “an outer elastic band integrally connected to an outer end of the forefoot immobilizer, and an inner elastic band integrally connected to an inner end of the forefoot immobilizer”. It is unclear if this is the same as the “one end” of the forefoot immobilizer that the elastic band is connected or a different end. For purposes of examination, it is being interpreted as --an outer elastic band integrally connected to an outer side of the end of the forefoot immobilizer, and an inner elastic band integrally connected to an inner side of the end of the forefoot immobilizer--.
Claim 4 recites “a knee brace formed of fabric and covering a knee area; a pair of retention straps provided at a top and a bottom of the knee brace and attached by wrapping around the top and bottom of the knee; and a plurality of engagement rings provided at a bottom of the knee brace and connected by pulling the top of the elastic band”. These features are shown in the embodiment of Figures 8-9 having the knee brace where the elastic band is pulled through engagement ring 155 to gradually increase force. Claim 4, however, is currently written as being dependent from claim 3 which recites “wherein the elastic band comprises a plurality of attachment straps provided at predetermined intervals on an inner surface thereof and attached and secured to the calf band”. These features are shown in the embodiment of Figures 5-7 where the straps are secured at predetermined intervals with attachment straps 125. It is unclear if claim 4 was intended to be dependent upon claim 3 since such disclosure is inconsistent with applicant’s Figures and specification. It is unclear what the applicant regards as the scope of the invention since these features are disclosed in different embodiments but are now recited in the same claim. For purposes of examination, it is being interpreted that claim 4 is dependent on claim 1 so as to be consistent with applicant’s disclosure.
The term “gradually” in claim 5 is a relative term which renders the claim indefinite. The term “gradually” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Furthermore, the claim recites that the elastic band is formed so that “elasticity gradually increases toward the top thereof”. It is unclear if this could be due to an intended use that any elastic band is capable of or a specific structural feature. Applicant’s specification discloses that the elastic band has three portions (120A, B, and C) whose elastic modulus increases. This structural limitation, however, is not recited in the claim which results in a gap or indefiniteness as to whether such structure is actually required.
Claim 5 recites the limitation "the top" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Bonaroti (US 9,855,161 B1).
Regarding claim 1, Bonaroti discloses elastic neutral ankle-foot orthosis (Figure 1) comprising: a forefoot immobilizer (shoe, Figure 1) to cover a front of a foot (Figure 1; Col. 4, lines 37-41); an elastic band (12) connected to one end of the forefoot immobilizer (Figure 1); a calf band (sleeve of calf component 10; see annotated Figure 1; Col. 4, lines 52-65; Col. 5, lines 20-33) worn to be wrapped around the calf and having the elastic band attached thereto (see annotated Figure 1; Col. 4, lines 52-65; Col. 5, lines 20-33); and a knee retention band (see strap of calf component 10, see annotated Figure 1; Col. 4, lines 52-65) worn to be wrapped around a knee and having a top of the elastic band to be pulled and secured thereto (Figure 1; Col. 4, lines 52-65).
Bonaroti does not explicitly disclose the shoe is formed of rubber. However, rubber soles of shoes was conventional or well-known to one having ordinary skill in the art at the time of invention, sufficient for the examiner to take official notice. One having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention would have recognized that modifying the applied prior art to include these taught limitations, would have advantageously provided better grip and protection to the bottom of the user’s foot. Accordingly, it would have been obvious to one having ordinary skill in the art at the time of invention/before the effective filing date of the claimed invention to modify the applied prior art to include these taught limitations.
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Regarding claim 2, Bonaroti discloses the elastic band comprises an outer elastic band integrally connected to an outer end of the forefoot immobilizer, and an inner elastic band integrally connected to an inner end of the forefoot immobilizer (outer and inner bands 12, Figure 1; Col. 5, lines 14-19; alternatively, bands 65 in Figure 6).
Regarding claim 3, Bonaroti discloses wherein the elastic band comprises a plurality of attachment straps (15) provided at predetermined intervals on an inner surface thereof and attached and secured to the calf band (Figure 1; Col. 5, lines 20-34 and 52-56).
Regarding claim 5, Bonaroti discloses wherein the elastic band is formed so that elasticity gradually increases toward the top thereof (see Figure 1-2 where free end that is not attached to the hook would have more elasticity than the band 12 since it is stretched during use).
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Bonaroti (US 9,855,161 B1) in view of Soongsil (KR 20130004428) and machine translation.
Regarding claim 4, Bonaroti discloses what appears to be a knee brace (at two knee retention bands), a pair of retention straps (see annotated Figure 1); and a plurality of engagement rings (11; Col. 5, lines 1-13) provided at a bottom of the knee brace and connected by pulling the top of the elastic band (Figure 1; Col. 5, lines 13). Bonaroti does not explicitly disclose a knee brace formed of fabric and covering a knee area; the pair of retention straps provided at a top and a bottom of the knee brace and attached by wrapping around the top and bottom of the knee. Soongsil teaches a knee brace (10) formed of fabric (page 3 of translation) and covering a knee area (Figures 1-2); a pair of retention straps (22) provided at a top and a bottom of the knee brace and attached by wrapping around the top and bottom of the knee (Figures 1-3). It would have been obvious to one of ordinary skill in the art at the time of filing to provide the device of Bonaroti having the knee brace of Bonaroti for securing the device in position and providing support to the user’s knee.
Regarding claim 6, Soongsil further teaches wherein the knee retention band further comprises: a plastic bar (30; page 4) inserted into the bottom of the knee brace to be disposed below the knee (Figure 1); anda plurality of auxiliary wings (24) joined to outer surfaces of the top and bottom of the knee brace to enhance retention (Figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kari Rodriquez whose telephone number is 571-270-1909. The examiner can normally be reached Monday-Friday 6-3 EST.
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, Alireza Nia can be reached at (571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARI K RODRIQUEZ/ Primary Patent Examiner, Art Unit 3786
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