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 Preliminary Amendment
This Office Action is responding to applicant’s preliminary amendment filed on 11/1/2024. Claims 1-20 have been cancelled. Claims 21-40 are newly added.
Claim Objections
Claim 22 (located after claim 31 and before 33) is objected to because it appears to be a typo error, it might have been intended to be claim 32. Appropriate correction is required. This claim is interpreted to be claim 32.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the claims at issue are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-8, 10-15, and 17-18 of U.S. Application No. 11,246,735.
Recitations from this instant application, #18/640,033
Recitations from
U.S. Patent No. 11,246,735
Claim 21 recites:
A formable cast, comprising:
an inner shell;
an outer shell; and
ridges disposed along the edges of the either the outer shell or the inner shell, wherein the ridges, the outer shell and the inner shell define
an interior space; and
a curable polymeric material disposed in the interior space,
wherein the curable polymeric material is a liquid or gel in a first phase and in a first shape and, upon exposure to an energy source for curing
the curable polymeric material, cures to a hardened material in a second phase, while remaining in the first shape.
Claim 1:
A formable cast, comprising:
a padding:
an outer shell, comprising a planar sheet with opposing edges, wherein the opposing edge of the outer shell having a concave portion and a convex portion, respectively, that fit into teach other when the outer shell is adapted to wrap around a body part;
a ridge disposed along the perimeter of the outer shell, wherein the ridge, the outer shell and the padding define an interior space; and
a curable polymeric material disposed in the interior space,
wherein the curable polymeric material is a liquid or gel in a first phase and in a first shape and, upon exposure to an energy source for curing the curable polymeric material cures to a hardened material in a second phase, while remaining in the first shape.
Regarding claim 22, see claim 2 in U.S. Patent No. 11,246,735.
Regarding claim 23, see claim 3 in U.S. Patent No. 11,246,735.
Regarding claim 24, see claim 5 in U.S. Patent No. 11,246,735.
Regarding claim 25, see claim 6 in U.S. Patent No. 11,246,735.
Regarding claim 26, see claim 7 in U.S. Patent No. 11,246,735.
Regarding claim 27, see claim 8 in U.S. Patent No. 11,246,735.
Recitations from this instant application, #18/640,033
Recitations from
U.S. Patent No. 11,246,735
Claim 28 recites:
An energy-activated, formable cast, comprising:
an inner shell adapted to cushioning the cast against the skin of a patient;
an outer shell;
ridges disposed along edges of either the outer shell or the inner shell,
wherein the ridges serve as a point of attachment to connect the inner shell and the outer shell and create an interior space between the inner shell and outer shell; and
an energy-sensitive polymeric material that fills the interior space, wherein the energy-sensitive polymeric material is formable when placed into the interior space and hardens when exposed to the type of energy to which the energy-sensitive polymeric material is sensitive such that the cast is configurable to conform to the a particular body part of the patient when the energy-sensitive polymeric material is formable and provide support to the particular body part once the energy-sensitive polymeric material has hardened.
Claim 10 recites:
An energy-activated, formable cast, comprising:
a pad adapted to cushioning the cast against the skin of a patient;
an outer shell, comprising a planar sheet with opposing edges, wherein the opposing edge of the outer shell having a concave portion and a convex portion, respectively, that fit into teach other when the outer shell is adapted to wrap around a body part;
ridges disposed along edges of the outer shell, wherein the ridges connect the pad and the outer shell to create a gap therebetween; and
an energy-sensitive polymeric material that fills the gap, wherein the energy-sensitive polymeric material is formable when placed into the gap and hardens when exposed to an energy source to which the energy-sensitive polymeric material is sensitive such that the outer shell is adapted to conform to the body part of the patient when the energy-sensitive polymeric material is formable and provide support to the particular body part once the energy-sensitive polymeric material has hardened.
Regarding claim 29, see claim 11 in U.S. Patent No. 11,246,735.
Regarding claim 30, see claim 12 in U.S. Patent No. 11,246,735.
Regarding claim 31, see claim 13 in U.S. Patent No. 11,246,735.
Regarding claim 32, see claim 14 in U.S. Patent No. 11,246,735.
Regarding claim 33, see claim 15 in U.S. Patent No. 11,246,735.
Regarding claim 34, see claim 17 in U.S. Patent No. 11,246,735.
Regarding claim 35, see claim 18 in U.S. Patent No. 11,246,735.
Recitations from this instant application, #18/640,033
Recitations from
U.S. Patent No. 11,246,735
Claim 36 recites:
An energy-sensitive, formable brace, comprising:
one or more pads for cushioning the brace against the skin of a patient;
one or more flexible outer shells, each flexible outer shell corresponding to one and only one of the one or more pads;
ridges positioned along edges of either the one or more pads or one or more outer shells, wherein the ridges serve as a point of attachment to connect a particular pad and the corresponding outer shell and serves to create a gap between the particular pad and the corresponding outer shell;
an energy-sensitive polymer that fills the gap, wherein the energy-sensitive polymer is formable when placed into the gap and hardens when
exposed to the type of energy to which the polymer is sensitive such that the brace is able to be configured to conform to the a particular
body part of the patient when the energy-sensitive polymer is formable and the brace provides support to the body part once the energy-sensitive polymer has hardened; and
hardware for a attaching the brace to the body part.
Claim 10 recites:
An energy-activated, formable cast, comprising:
a pad adapted to cushioning the cast against the skin of a patient;
an outer shell, comprising a planar sheet with opposing edges, wherein the opposing edge of the outer shell having a concave portion and a convex portion, respectively, that fit into teach other when the outer shell is adapted to wrap around a body part;
ridges disposed along edges of the outer shell, wherein the ridges connect the pad and the outer shell to create a gap therebetween; and
an energy-sensitive polymeric material that fills the gap, wherein the energy-sensitive polymeric material is formable when placed into the gap and hardens when exposed to an energy source to which the energy-sensitive polymeric material is sensitive such that the outer shell is adapted to conform to the body part of the patient when the energy-sensitive polymeric material is formable and provide support to the particular body part once the energy-sensitive polymeric material has hardened.
Regarding claim 37, see claim 13 in U.S. Patent No. 11,246,735.
Regarding claim 38, see claim 15 in U.S. Patent No. 11,246,735.
Regarding claim 39, see claim 11 in U.S. Patent No. 11,246,735.
Regarding claim 40, see claim 12 in U.S. Patent No. 11,246,735.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786