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
This is in response to applicant's amendment which was filed on 4/14/2026 has been entered. Claims 1, 8, 19, 22 have been amended. Claims 7, 18, and 21 have been cancelled. No claims has been added. Claims 1-6, 8-17, 19-20 and 22 are still pending in this application, with claims 1, 8 and 19 being independent.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bannister (US 9839553).
Regarding claim 1, Bannister teaches An apparatus comprising: a support configured to be worn on a body portion of a recipient (Bannister Figure 1 and Col 4 lines 20-33, “body brace 12 is adapted to be wrapped around the trunk of a patient”) and to hold at least one device on the body portion (Bannister Figures 1-2 pressure sensors 60-61 and Col 7 lines 49-51 “accelerometer”), the at least one device configured to provide information to the recipient (Bannister Col 8 lines 1-25, “the user may want to share his or her information with other network users” and The patient's personal computer 52 includes hardware, software, and/or firmware generally operative to (1) receive recorded data from the orthotic device 10“), the support configured to adjust a fit of the apparatus to the recipient (Bannister Figure 1 and Col 4 lines 20-33, “means for automatically tightening the brace”), to receive control signals from control circuitry (Bannister Col 5 lines 15-35, “under directions from the microprocessor 38 is able to provide both direction control and speed control for tightening or loosening the brace 10”), and to actively adjust the fit in response to the control signals while the support is worn by the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”), the support comprises one or more flexible sections configured to be elastically deformed (Bannister figure 1, cable 16), and the support is configured to actively adjust the fit by modifying an elastic deformation of the one or more flexible sections (Bannister Col 4 lines 50-55, “The motor 22 thus reels the cable 16 in or out to determine the cable’s operative length”).
Regarding claim 2, Bannister teaches wherein the support comprises at least one actuator configured to generate and actively adjust the fit (Bannister figure 1, motor 22).
Regarding claim 3, Bannister teaches wherein the control circuitry comprises one or more sensors configured to generate the control signals in response at least in part to at least one operational condition detected by the one or more sensors while the support is worn by the recipient (Bannister Col 5 lines 15-35, “during the tightening process, pressure sensors 60, 61 are used to measure the pressure of the belt to determine the correct tightness” and Col 6 lines 25-30, “leaving the microprocessor 38 on continuously to check and adjust the tension of the brace 10. In this manner, precise automatic control of the brace can be obtained”).
Regarding claim 4, Bannister teaches wherein the at least one operational condition comprises movement of the body portion (Bannister Col 7 lines 42-55, “accelerometer”).
Regarding claim 5, Bannister teaches wherein the at least one operational condition comprises location of the recipient and/or time of day (Bannister Col 7 lines 25-33, “hour-by-hour history of use of the brace, along with the associated tension).
Regarding claim 6, Bannister teaches wherein the at least one operational condition comprises input received from the recipient (Bannister Col 6 lines 9-10, “if a patient takes the brace 10 off,” Col 7 lines 1-5, “changes can be implemented by user command”).
Allowable Subject Matter
Claims 8-17, 19-20, 22 are allowed.
Response to Arguments
Applicant's arguments filed 4/14/2026 have been fully considered but they are not persuasive. Regarding claim 1, applicant argues on page 6 of remarks that the cited reference Bannister does not teach the amended limitation “the support comprising one or more flexible sections configured to be elastically deformed, and the support is configured to actively adjust the fit by modifying an elastic deformation of the one or more flexible sections,” because (i) Bannister does not disclose that the cable 16 is “configured to be elastically deformed” and (ii) modifying the cable’s operative length by reeling the cable 16 in or out does not “modify an elastic deformation of the one or more flexible sections.” Examiner respectfully disagrees. Regarding argument (i), with BRI, the cable 16 (Bannister figure 1, cable 16) changes its shape (which is considered elastically deforming) at different sections (reading on one or more flexible sections) of the cable as the cable is reeled teaches “the support comprising one or more flexible sections configured to be elastically deformed.” As the cable 16 is reeled, the portion of the cable 16 that is bent or elastically deform changes, which reads on “modifying an elastic deformation of the one or more flexible sections.” Regarding argument (ii), as mentioned above, Bannister is not just modifying the operative length by reeling the cable, but the portions of the cable 16 that is being bent/deformed changes which reads on “modify an elastic deformation of the one or more flexible sections.” Therefore, the arguments are not persuasive and the claims stand rejected.
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 extension fee 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 date of this final action.
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/NORMAN YU/Primary Examiner, Art Unit 2693
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