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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on 4/22/2026 has been entered.
Claims 1-2, 14-15, and 19 have been amended.
Response to Arguments
The objections to the drawings and to the specification have been withdrawn in view of applicant’s remarks.
The 102 and 103 rejections in the previous Office Action have been withdrawn in view of applicant’s amendment.
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 of this title, 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, 6-7, and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gaylord (U.S. Patent No. 6,659,971) in view of Sander (U.S. Patent No. 2,594,809).
Regarding independent claim 1, Figures 1-11 in Gaylord discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising:
an arm support (30) comprising a top face (skin-contacting surface of arm support 30 Figure 4 is interpreted to correspond to claimed limitation top surface) configured to be positioned a distance outward from a torso of a user (Figure 6 illustrates skin-contacting surface of arm support 30 is a distance outwardly from torso of wearer) when the device is in use;
wherein said arm support (30) is configured to be positioned generally under an arm of said user (see Figure 6) such that said top face (skin-contacting surface of arm support 30) provides a shelf (see Figures 1, 6-7, and 11) for supporting said arm when the device is in use.
Gaylord does not disclose a medial surface of said arm support (30) is permanently attached to a retaining wall at a position proximal a distal border (distal edge 35) of said retaining surface wall and said retaining wall is configured to prevent medial movement of said arm when the device is in use.
However, Sanders teaches an analogous arm sling, Figures 1-6 illustrate an arm support (14-16) comprising a top surface (10), wherein a medial edge of top surface (10) is permanently attached (bottom of column 1 describes walls 10, 11 are stitched, which is interpreted to meet applicant’s claimed limitation permanently attached) to a retaining wall (11) at a position proximal a distal border (see Figure 3), and the retaining wall (11) is configured to prevent medial movement of said arm when the device is in use (see Figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Gaylord’s arm support (30) such that it is permanently attached to a retaining wall at a position proximal a distal border, taught by Sanders, as such trough-formed arm support creates a stable surface designed for and required by the ailing arm.
Regarding claim 2, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein: said retaining wall (23) comprises a lateral face (23) of a pillow (20) configured to be positioned between said arm support (30) and said torso of said user (see Figure 6-9, Gaylord).
Regarding claim 3, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising:
an arm strap (38) extending between said pillow (20) and said arm support (30) and configured for restricting said arm support (30) from rotating relative to said pillow (20).
Regarding claim 6, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said pillow (20) defines a medial face (24) opposite said lateral face (23), wherein said medial face (24) of said pillow (20) is configured to abut (see Figure 1 and 6-9, Gaylord) said torso of said user, and wherein said arm support (30) is connected to said pillow (20) at said lateral face (23) of said pillow (20).
Regarding claim 7, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said pillow medial face (24) is concave and configured to ergonomically match a curvature (see Figures 1 and 6-9, Gaylord) of said torso.
Regarding claim 9, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said device is configured to stabilize said arm and a shoulder of said user with a forearm of said arm substantially parallel to a sagittal plane (see Figures 2, 6-7, and 11, Gaylord) of said user.
Regarding claim 10, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising a shoulder strap (40) configured to traverse said user around a shoulder area opposite a shoulder to be stabilized.
Regarding claim 11, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein: said shoulder strap (40) further comprises a scalloped portion (curve 80 in Figure 4 being curved and ornamented borders, Figure 2 illustrates scalloped portion 80, Gaylord); and said scalloped portion (30) is configured to traverse a clavicle area of said shoulder area (see Figure 2, 6-8, and 11, Gaylordq) opposite the shoulder to be stabilized such that it conforms to a clavicle curvature of the user.
Regarding claim 12, Gaylord/Sanders combination, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising a waist strap (42) configured to traverse the user around a waist of the user.
Claims 1-8, 14-17, and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kazmierczak (U.S. Patent No. 7,563,236) in view of Sander (U.S. Patent No. 2,594,809).
Regarding independent claim 1, Figures 1-11 in Kazmierczak discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising:
an arm support (14) comprising a top face (skin-contacting surface of arm support 14 Figure 4 is interpreted to correspond to claimed limitation top surface) positioned a distance outward from a torso of a user (Figure 6 illustrates skin-contacting surface of arm support 14 is a distance outwardly from torso of wearer) when the device is in use;
wherein said arm support (14) is configured to be positioned generally under an arm of said user (see Figure 6) such that said top face (skin-contacting surface of arm support 30) provides a shelf (see Figures 5-6) for supporting said arm when the device is in use.
Gaylord does not disclose a medial surface of said arm support (30) is permanently attached to a retaining wall at a position proximal a distal border (distal edge 35) of said retaining surface wall and said retaining wall is configured to prevent medial movement of said arm when the device is in use.
However, Sanders teaches an analogous arm sling, Figures 1-6 illustrate an arm support (14-16) comprising a top surface (10), wherein a medial edge of top surface (10) is permanently attached (bottom of column 1 describes walls 10, 11 are stitched, which is interpreted to meet applicant’s claimed limitation permanently attached) to a retaining wall (11) at a position proximal a distal border (see Figure 3), and the retaining wall (11) is configured to prevent medial movement of said arm when the device is in use (see Figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Gaylord’s arm support (30) such that it is permanently attached to a retaining wall at a position proximal a distal border, taught by Sanders, as such trough-formed arm support creates a stable surface designed for and required by the ailing arm.
Regarding claim 2, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein: said retaining surface (30) comprises a lateral face (30) of a pillow (12) configured to be positioned between said arm support (14) and said torso of said user (see Figure 6).
Regarding claim 3, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising:
an arm strap (52) extending between said pillow (12) and said arm support (14) and configured for restricting said arm support (30) from rotating relative to said pillow (12).
Regarding claim 4, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising a second arm strap (58) extending between said pillow (12) and said arm support (14) and configured for further restricting said arm support (14) from rotating relative to said pillow (12).
Regarding claim 5, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, further comprising a hand strap (68) traversing said anterior face (62), said hand strap (68) being configured to restrain a hand of the user (column 5 lines 65-67 discloses the grip 64 can be removed such that strap 68 is fully capable of being restrainer on the hand) when the device is in use.
Regarding claim 6, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said pillow (12) defines a medial face (28) opposite said lateral face (30), wherein said medial face (28) of said pillow (12) is configured to abut (see Figure 6) said torso of said user, and wherein said arm support (14) is connected to said pillow (12) at said lateral face (30) of said pillow (12).
Regarding claim 7, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said pillow medial face (28) is concave and configured to ergonomically match a curvature (see Figures 1-3, Kazmierczak) of said torso.
Regarding claim 8, Kazmierczak/Sanders reference, presented above, discloses applicant’s claimed shoulder and arm stabilizing restraint device (10) comprising all features as recited in these claims, wherein said pillow (12) further defines opposed posterior and anterior faces (76, 78), and a medial to lateral width of said posterior face (78) is greater than (see Figures 1-3) a medial to lateral width of said anterior face (79).
Regarding independent claim 14, Figures 1-11 in Kazmierczak discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising:
providing an arm support (14) comprising a top face (skin-contacting surface of arm support 14 Figure 4 is interpreted to correspond to claimed limitation top surface) positioned a distance outward from a torso of a user (Figure 6 illustrates skin-contacting surface of arm support 14 is a distance outwardly from torso of wearer).
Gaylord does not disclose wherein a medial face of said arm support (14) is permanently attached to a retaining wall (lateral wall 30 of pillow 12);
wherein said retaining surface (30) is configured to prevent medial movement of said arm when the device is in use;
positioning said arm support (14) under an arm of said user such that said top face (skin-contacting surface of arm support 14 Figure 4 is interpreted to correspond to claimed limitation top surface) provides a shelf (see Figures 5-6) for supporting said arm; and
securing said arm by engaging an arm strap (52) between said arm support (14) and said retaining wall (30) such that said arm support (14) is restricted from rotating.
However, Sanders teaches an analogous arm sling, Figures 1-6 illustrate an arm support (14-16) comprising a top surface (10), wherein a medial edge of top surface (10) is permanently attached (bottom of column 1 describes walls 10, 11 are stitched, which is interpreted to meet applicant’s claimed limitation permanently attached) to a retaining wall (11) at a position proximal a distal border (see Figure 3), and the retaining wall (11) is configured to prevent medial movement of said arm when the device is in use (see Figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Gaylord’s arm support (30) such that it is permanently attached to a retaining wall at a position proximal a distal border, taught by Sanders, as such trough-formed arm support creates a stable surface designed for and required by the ailing arm.
Regarding claim 15, Kazmierczak reference, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, wherein the retaining wall (30) comprises a lateral face (30) of a pillow (12), the method further comprising:
positioning said pillow (12) against the torso of the user (see Figure 6 ).
Regarding claim 16, Kazmierczak reference, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, further comprising securing a hand associated with the secured forearm to an anterior surface (62) of said pillow (12) by engaging a hand strap (68, column 5 lines 65-67 discloses the grip 64 can be removed such that strap 68 is fully capable of being restrainer on the hand) that traverses a back of the hand and engages with the anterior face (62) of the pillow (12).
Regarding claim 17, Kazmierczak reference, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, further comprising the steps of:
providing a shoulder strap (18, 20, 22); and
positioning said shoulder strap (18, 20, 22) traversing said user around a shoulder area opposite a shoulder to be stabilized.
Regarding claim 19, Kazmierczak reference, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, further comprising the step of:
further securing said arm by engaging a second arm strap (58) between said arm support (14) and said retaining wall (30) such that said arm support (14) is further restricted from rotating.
Regarding claim 20, Kazmierczak reference, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, further comprising the steps of:
providing a waist strap (16, see Figures 1-3); and
securing said waist strap (16) around a waist (see Figure 8) of said user.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gaylord (U.S. Patent No. 6,659,971)/Sanders (U.S. Patent No. 2,594,809), in view of Golden (U.S. Patent No. 8,109,273).
Regarding claim 13, Gaylord/Sanders combination, presented above, discloses applicant’s claimed restraint device comprising all features as recited in these claims.
Gaylord/Sanders combination does not teach the forearm support is padded.
However, Figure 2 in Golden reference illustrates a forearm support (22, 34) comprising a padding (36) thereon.
One of ordinary skill in the art would have recognized that padding on forearm support would have provided comfort to the wearer's forearm.
Therefore, it would have been obvious to modify Gaylord/Sander’s forearm support (30) such that it is included a padding layer thereon, taught by Golden, as such padding feature provides comfort.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Kazmierczak (U.S. Patent No. 7,563,236)/ Sanders (U.S. Patent No. 2,594,809) in view of Gaylord (U.S. Patent No. 6,659,971).
Regarding claim 18, Kazmierczak/Sanders combination, presented above, discloses applicant’s claimed method for stabilizing an arm and a shoulder joint comprising all features as recited in these claims, including said shoulder strap (18, 20, 22).
Kazmierzcak/Sanders does not teach said shoulder strap further comprises a scalloped portion, the method further comprising the step of:
said shoulder strap scalloped portion conforming to a natural curve proximate said shoulder area opposite the shoulder to be stabilized.
However, Gaylord teaches an analogous shoulder and arm stabilizing device (10) comprising a shoulder strap (40) having a scalloped portion (curve 80, in Figure 4 illustrates scalloped portion 80 being curved and ornamented borders, Figure 2 illustrates scalloped portion 80) conforming to a natural curve proximate said shoulder opposite the shoulder to be stabilized (see Figures 2, 6-8, and 11).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Kazmierczak/Sanders stabilizing restraint device such that the shoulder strap (40) having scalloped portion, taught by Gaylord, as such scalloped deems to conform to the curvature of the shoulder, for purposes of providing cushioning on the clavicle.
Conclusion
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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