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 Amendment
This Office Action is responding to applicant’s amendment filed on 7/10/2025. Claims 1, 7, and 14 have been amended.
Response to Arguments
The objections to the drawings have been withdrawn in view of applicant’s remarks.
The 101 and 112 rejections have been withdrawn in view of applicant’s amendments and remarks.
Terminal Disclaimer
The terminal disclaimer filed on 7/10/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 10,398,585 has been reviewed and is accepted.
The terminal disclaimer has been recorded.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, claimed limitations a shelf and a retaining surface (claims 1-2 and 14-15) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o).
Correction of the following is required: a retaining surface (claims 1-2 & 14-15).
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.
Claims 1-3, 6-7, and 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gaylord (U.S. Patent No. 6,659,971).
Regarding independent claim 1, Figures 1-11 in Gaylor 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;
wherein a medial surface (32) of said arm support (30) is connected to retaining surface (23) at a position proximal a distal border (distal edge 35) of said retaining surface (23); and
wherein said retaining surface (fastening surface 38) is configured to prevent medial movement of said arm when the device is in use.
Regarding claim 2, Gaylord 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 (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).
Regarding claim 3, Gaylord 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 (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 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 (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) 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 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 (24) is concave and configured to ergonomically match a curvature (see Figures 1 and 6-9) of said torso.
Regarding claim 9, Gaylord reference, 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, 11) of said user.
Regarding claim 10, Gaylord 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 shoulder strap (40) configured to traverse said user around a shoulder area opposite a shoulder to be stabilized.
Regarding claim 11, Gaylord reference, 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); and said scalloped portion (30) is configured to traverse a clavicle area of said shoulder area (see Figure 2, 6-8, 11) opposite the shoulder to be stabilized such that it conforms to a clavicle curvature of the user.
Regarding claim 12, Gaylord 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 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).
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;
wherein a medial face (44) of said arm support (14) is connecting to a retaining surface (lateral surface 30 of pillow 12) at a position proximal to a distal border (50) of said retaining surface (46), and
wherein said retaining surface (30) is configured to prevent medial movement of said arm when the device is in use.
Regarding claim 2, Kazmierczak 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 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 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 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 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 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) of said torso.
Regarding claim 8, Kazmierczak 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);
wherein a medial face (44) of said arm support (14) is connecting to a retaining surface (lateral surface 30 of pillow 12) at a position proximal to a distal border (50) of said retaining surface (46), and
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 surface (30) such that said arm support (14) is restricted from rotating.
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 surface (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 surface (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 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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gaylord (U.S. Patent No. 6,659,971) in view of Golden (U.S. Patent No. 8,109,273).
Regarding claim 13, Gaylord reference, presented above, discloses applicant’s claimed restraint device comprising all features as recited in these claims.
Gaylord 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’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) in view of Gaylord (U.S. Patent No. 6,659,971).
Regarding claim 18, 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, including said shoulder strap (18, 20, 22).
Kazmierzcak 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 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
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786