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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 08/03/2026 has been entered.
Response to Amendment
Applicant’s amendments of claims 41, 47, 49-50, and 56 are acknowledged by the Examiner.
Applicant’s cancelation of claims 42, 51, and the improper claim 58 is acknowledged by the Examiner.
Applicant’s amendments of claim 41, 49-50, and cancelation of the duplicate claim 58 has overcome most of the previous claim objections. The remaining claim objections are detailed below.
Applicant’s amendments of claims 41 and 50 has overcome the previous claim rejections under 35 U.S.C. 112(b). Therefore, the previous claim rejections under 35 U.S.C. 112(b) are withdrawn.
Claims 41, 44-45, 47-50, 53-54, and 56-58 are pending in the current Application.
Response to Arguments
Applicant's arguments filed 08/03/2026 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that the reference of Schwenn fails to disclose the new limitations of “a second arm support, configured to contact a lower arm of the wearer, the second arm support slidingly coupled to the first arm support by a first bar and by a second bar extending in a same direction as the first bar, such that a distance between the first arm support and the second arm support is adjustable”, Examiner respectfully disagrees. As discussed in the previous rejection of claims 42 and 51 in the final rejection mailed 05/15/2026, Schwenn discloses, a second arm support (181; see [col 6 ln 54]; see figure 3), configured to contact a lower arm of the wearer (see [col 6 ln 56]), slidingly coupled to the first arm support (163; 181 is slidable along 179 (see [col 6 ln 59-60]), and is indirectly coupled to 163 via 159 and 179) such that a distance between the first arm support (163) and the second arm support (181) is adjustable (sliding of 181 adjusts the distance between 181 and 163). Furthermore, Schwenn discloses the new limitations of the second arm support (181) slidingly coupled to the first arm support (163) by a first bar (179) and by a second bar (171) extending in a same direction as the first bar (see figure 3 that 171 at location 177 extends in the same direction as 179). Thus, Schwenn discloses the newly claimed limitations of claims 41 and 50.
Therefore, Applicant’s arguments that Schwenn does not disclose the newly claimed limitations are not persuasive and the previous rejections are maintained.
Applicant’s arguments against the combination of Schwenn in view of Bastyr depend on the argument that Schwenn does not disclose the newly amended claim limitations and thus, are not considered persuasive for the reason above.
Therefore, Applicant’s arguments against the combination of Schwenn in view of Bastyr are not persuasive and the previous rejections are maintained.
Claim Objections
Claims 41 and 50 are objected to because of the following informalities:
Claim 41 recites the limitation “the first support arm” in line 14. This limitation should be amended to recite “the first arm support” to maintain consistency in the claims.
Claim 50 recites the limitation “A method of stabilizing an arm, the method of stabilizing an arm” in line 1. This limitation should be amended to recite “method of stabilizing an arm, the method of stabilizing the arm”.
Claim 50 recites the limitation “the first support arm” in line 17. This limitation should be amended to recite “the first arm support” to maintain consistency in the claims.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 41-42, 44-45, 47-48, 50-51, 53-54, and 56-57 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schwenn (US 5,487,724 A).
In regards to claim 41, Schwenn discloses an arm stabilization brace (brace seen in figure 1), the arm stabilization brace comprising:
a rigid frame (102; see [col 3 ln 1-5]; see figure 1) comprising:
a torso portion (117; see [col 3 ln 13-15]; see figure 3), configured to be disposed against a torso of a wearer (see figure 1); and
an upper arm portion (141 and 159; see [col 5 ln 5] and [col 5 ln 59]; see figure 3), comprising:
an abduction support platform (141) rotatably attached to torso portion (117) element via a hinge (139; see [col 4 ln 60]; see figure 3),
a slide member (159) slidably coupled to the abduction support platform (141; see [col 5 ln 59-col 6 ln 9]),
wherein the upper arm portion (141 and 159) is configured to be adjusted for a length of an arm of the wearer by adjusting a position of the slide member (159) with respect to the abduction support platform (141; see [col 5 ln 59-col 6 ln 9]); and the
a first arm support (163; see [col 5 ln 64]; see figure 3) supported by the abduction support platform and the slide member (141 and 159; see figure 3), wherein the first support arm (163) is configured to contact an upper arm of the wearer (see figure 5); and
a second arm support (181; see [col 6 ln 54]; see figure 3), configured to contact a lower arm of the wearer (see [col 6 ln 56]), the second arm support (181) slidingly coupled to the first arm support (163) by a first bar (179; see [col 6 ln 40]; see figure 3) and by a second bar (171; see [col 6 ln 21]; see figure 3) extending in the same direction as the first bar (see figure 3 that 171 at location 177 extends in the same direction as 179; additionally 181 is indirectly and slidably coupled to 163 via 179 and 171 which are connected to 159 upon which 163 is positioned), such that a distance between the first arm support (163) and the second arm support (181) is adjustable (sliding of 181 adjusts the distance between 181 and 163).
In regards to claim 44, Schwenn discloses the invention as discussed above.
Schwenn further discloses further comprising a first locking mechanism (143, 145, 147, 149) comprising a shaft (149) configured to prevent a rotation of the abduction support platform (141) with respect to the torso portion (117) about the hinge (139; see [col 5 ln 3-20]).
In regards to claim 45, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the torso portion (117) of the rigid frame is configured to be secured around a waist of the wearer (see figure 1 and 5) via a strap (see figure 5 that an anterior aspect of 103 comprises a strap which secures the rigid frame to the waist).
In regards to claim 47, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the first arm support (163) and the second arm support (181) are configured to be secured around the upper arm and the lower arm of the wearer (see [col 6 ln 5-13] and [col 6 ln 65-67]; see figures 1 and 5-6), respectively.
In regards to claim 48, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the first arm support (163) is configured to be secured to the upper arm via a strap (165; see [col 6 ln 5-13]; see figure 1 and 5).
In regards to claim 50, Schwenn discloses a method of stabilizing an arm (see [col 3 ln 1-12] that the invention supports (i.e. stabilizes a user’s arm); see figure 1 that the device is provided to a user; thereby disclosing a method of stabilizing an arm) , the method of stabilizing an arm comprising steps of:
at an initial time, providing an arm stabilization brace (brace seen in figure 1 provided at an initial time), the arm stabilization brace comprising:
a rigid frame (102; see [col 3 ln 1-5]; see figure 1) comprising:
a torso portion (117; see [col 3 ln 13-15]; see figure 3), configured to be disposed against a torso of a wearer (see figure 1);
an upper arm portion (141 and 159; see [col 5 ln 5] and [col 5 ln 59]; see figure 3), comprising:
an abduction support platform (141) rotatably attached to torso portion (117) element via a hinge (139; see [col 4 ln 60]; see figure 3),
a slide member (159) slidably coupled to the abduction support platform (141; see [col 5 ln 59-col 6 ln 9]), wherein the upper arm portion (141 and 159) is configured to be adjusted for different arm lengths of the wearer by adjusting a position of the slide member (159) with respect to the abduction support platform (141; see [col 5 ln 59-col 6 ln 9]); and the
a first arm support (163; see [col 5 ln 64]; see figure 3) supported by the abduction support platform and the slide member (141 and 159; see figure 3), wherein the first support arm (163) is configured to contact an upper arm of the wearer (see figure 5)
a second arm support (181; see [col 6 ln 54]; see figure 3), configured to contact a lower arm of the wearer (see [col 6 ln 56]), the second arm support (181) slidingly coupled to the first arm support (163) by a first bar (179; see [col 6 ln 40]; see figure 3) and by a second bar (171; see [col 6 ln 21]; see figure 3) extending in the same direction as the first bar (see figure 3 that 171 at location 177 extends in the same direction as 179; additionally 181 is indirectly and slidably coupled to 163 via 179 and 171 which are connected to 159 upon which 163 is positioned), such that a distance between the first arm support (163) and the second arm support (181) is adjustable (sliding of 181 adjusts the distance between 181 and 163).
In regards to claim 53, Schwenn discloses the invention as discussed above.
Schwenn further discloses further comprising a first locking mechanism (143, 145, 147, 149) comprising a shaft (149) configured to prevent a rotation of the abduction support platform (141) with respect to the torso portion (117) about the hinge (139; see [col 5 ln 3-20]).
In regards to claim 54, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the torso portion (117) of the rigid frame is configured to be secured around a waist of the wearer (see figure 1 and 5) via a strap (see figure 5 that an anterior aspect of 103 comprises a strap which secures the rigid frame to the waist).
In regards to claim 56, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the first arm support (163) and the second arm support (181) are configured to be secured around the upper arm and the lower arm of the wearer (see [col 6 ln 5-13] and [col 6 ln 65-67]; see figures 1 and 5-6), respectively.
In regards to claim 57, Schwenn discloses the invention as discussed above.
Schwenn further discloses wherein the first arm support (163) is configured to be secured to the upper arm via a strap (165; see [col 6 ln 5-13]; see figure 1 and 5).
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, 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 49 and 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schwenn in view of Bastyr et al. (US 5,407,420 A) (hereinafter Bastyr).
In regards to claim 49, Schwenn discloses the invention as discussed above.
Schwenn further discloses that the affected arm (i.e. the arm to be supported) may be the left or the right side (see [col 3 ln 1-12]) which suggests that the device is intended to be reconfigurable to support either a left or a right arm, but Schwenn does not explicitly disclose wherein the arm stabilization brace is reconfigurable such that the torso portion of the rigid frame is configured to contact an opposite side of the torso of the wearer and the first arm support is configured to contact an opposite upper arm of the wearer.
However, Bastyr teaches an analogous arm stabilization brace (10; see [col 4 ln 10-15]; see figure 1) comprising a rigid frame (see figure 3) which comprises a torso portion (16 and 48; see [col 4 ln 24] and [col 5 ln 13]; see figure 3) and a first arm support (54; see [col 5 ln 20]; see figure 3); wherein the arm stabilization brace (10) is reconfigurable such that the torso portion (16 and 48) of the rigid frame is configured to contact an opposite side of the torso of the wearer and the first arm support (54) is configured to contact an opposite upper arm of the wearer (see [col 4 ln 20-21]) for the purpose of allowing the brace to be readily adapted for similar rehabilitative treatment of the opposite shoulder (see [col 4 ln 20-21]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm stabilization brace as disclosed by Schwenn and to have configured the arm stabilization brace to be reconfigurable to be utilized on either side of the wearer’s torso, and either arm as taught by Bastyr in order to have provided an improved arm stabilization brace that would add the benefit of allowing the brace to be readily adapted for similar rehabilitative treatment of the opposite shoulder (see [col 4 ln 20-21]).
In regards to claim 58, Schwenn discloses the invention as discussed above.
Schwenn further discloses that the affected arm (i.e. the arm to be supported) may be the left or the right side (see [col 3 ln 1-12]) which suggests that the device is intended to be reconfigurable to support either a left or a right arm, but Schwenn does not explicitly disclose wherein the arm stabilization brace is reconfigurable such that the torso portion of the rigid frame is configured to contact an opposite side of the torso of the wearer and the first arm support is configured to contact an opposite upper arm of the wearer.
However, Bastyr teaches an analogous arm stabilization brace (10; see [col 4 ln 10-15]; see figure 1) comprising a rigid frame (see figure 3) which comprises a torso portion (16 and 48; see [col 4 ln 24] and [col 5 ln 13]; see figure 3) and a first arm support (54; see [col 5 ln 20]; see figure 3); wherein the arm stabilization brace (10) is reconfigurable such that the torso portion (16 and 48) of the rigid frame is configured to contact an opposite side of the torso of the wearer and the first arm support (54) is configured to contact an opposite upper arm of the wearer (see [col 4 ln 20-21]) for the purpose of allowing the brace to be readily adapted for similar rehabilitative treatment of the opposite shoulder (see [col 4 ln 20-21]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the arm stabilization brace as disclosed by Schwenn and to have configured the arm stabilization brace to be reconfigurable to be utilized on either side of the wearer’s torso, and either arm as taught by Bastyr in order to have provided an improved arm stabilization brace that would add the benefit of allowing the brace to be readily adapted for similar rehabilitative treatment of the opposite shoulder (see [col 4 ln 20-21]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brown (US 1,257,297 A) which discloses an arm stabilization brace (apparatus; see [pg 1 ln 44]; see figure 1) comprising a rigid frame (see [pg 1 ln 15-16]) comprising a torso portion (4) configured to be positioned as claimed (see figure 1), an upper arm portion (lateral extending aspect of 9 and 15; see figure 1) comprising abduction support platform (lateral extending aspect of 9), and slidable member (15) slidably coupled to the abduction support platform for adjusting to an arm length of the wearer (see [pg 2 ln 1-13]), a first arm support (7) supported by the abduction support platform configured to contact an upper arm of the wearer (see figure 1). Thereby, Brown also discloses the independent claims 41 and 50 under 35 U.S.C. 102(a)(1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 571-270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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