DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to because of the following informalities:
Line 7, “to substrate” should be --to the substrate--.
Appropriate correction is required.
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, 3, 6, and 8-10 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 a fastener is configured to be received by the aligned aperture and slot, however it is unclear whether the fastener is an actively claimed limitation of the system or an intended use of the aperture and slot.
Claim 6 recites “the first s” in line 3, however it is unclear as to what this refers.
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 is/are rejected under 35 U.S.C. 102(a) as being anticipated by Moir et al. (US 2013/0178771).
Regarding independent claim 1:
Moir discloses a knee support assembly comprising a knee support including a flexible harness (20) including first and second straps (66, 68), which are configured to slide relative to each other (via 64; [0037]), and a substrate (58) connected to and pivotably suspended between first and second harness holders (16/18, 20/22; the sections of the supports pivot relative to each other, thus the harness pivots relative to the other section), which are “configured to” be mounted to a wheelchair (the manner of mounting is not claimed, and the device is capable of being connected via any of its components).
Allowable Subject Matter
Claims 17-20 are allowed.
Claims 2, 3, 6, and 8-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claims 4, 5, 7, and 11-16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or render obvious the substrate defining an elongated slot and an aperture in the second strap configured to receive a fastener, a base bracket assembly connected to the lower portions of the harness holders, or a cable extending from a tension adjustment member and received by an aperture in a sled member in engagement with a third strap, in combination with the other limitations of the claim(s).
The prior art generally provides fastening systems as seen in e.g. clothing belts, however Moir uses a specific ratchet type system, which would not be obvious to replace, and other inventions (e.g. Stevenson, US 2008/0249448) generally use only a single strap for adjustment.
Further, as the closest prior art is related to knee braces, which are freely used on a person’s leg, there is no need for a base bracket as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joseph W Sanderson whose telephone number is (571)272-6337. The examiner can normally be reached Mon-Thu 6-3 ET.
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/JOSEPH W SANDERSON/ Primary Examiner, Art Unit 3619