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 .
Priority
1. Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
2. The information disclosure statement (IDS) submitted on 07/09/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
3. The amendment filed 01/27/2026 has been entered. Currently, claims 10-15, 17-26 remain pending in the application. Independent claims 1 and 15 were amended by the Applicant without the addition of new matter to include further narrowing limitations. Additionally, the abstract was amended to overcome a previous specification objection and claim 16 was cancelled with claims 10-15 and 17-20 amended to correct previous claim objections, 35 USC 112(B) and 101 rejections that were set forth in the Non-Final Office Action mailed 09/24/2025. Lastly, new claims 21-26 have been added, without the addition of new matter. Lastly, a new claim objection and 35 USC 112(B) rejections is recited below.
Response to Arguments
3. Applicant’s amendment to independent claims 1 and 15 is sufficient to overcome the previous 35 USC § 102 and 103 rejections recited in the Non-Final Office Action mailed 09/24/2025.
Applicant’s arguments, see Remarks on Pages 8-10, filed 01/27/2026, with respect to the rejection under 35 USC § 102 and 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of new and current prior art of the record: Haneji (WO 2006033394 A1), Amsel et al. (U.S. Patent Pub. No. 20050132474), Zhao et al. (CN 2263982 Y), Cha (U.S. Patent Pub. No. 20140231472), Freeman et al. (U.S. Patent Pub. No. 20020019296), and Yi (CN 203303213 U).
Claim Objections
Claim 17, 22 and 24-25 is objected to because of the following informalities:
In claim 17, rephrase “said orthosis” to read –said post-natal gluteal orthosis--.
In claim 17, rephrase “each support” to read –each of the first and second support--.
In claim 22, rephrase “support” to read –reinforcement—so as to match structural naming with that of the specification.
In claims 24-25, rephrase “the strap is” to read –the first and second straps are--.
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 23 and 25 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 23 recites the limitation "the body”. There is insufficient antecedent basis for this limitation in the claim. Rephrase “the body” to read --a body--.
Claim 25 recites the limitation "the tapered part” ; “the strap”. There is insufficient antecedent basis for this limitation in the claim. Rephrase claim 25 to depend on claim 15 instead of claim 10.
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.
(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.
Claims 10, 14, 21, and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yi (CN 203303213 U).
Regarding claim 10, Yi discloses a belt 10 (Paragraph 31-37 and see annotated Figure 2 below, belt 10 worn around back and abdomen subject having configured to have all anatomical features with basket-handle upper and lower edges at an intermediate part between front and rear part for conforming with hip/pelvic bone) configured to provide to a subject having an abdomen, a pubis,sacroiliac, pubic joints and a bony pelvis with iliac crests, joint support for the sacroiliac and pubic joints, as well as a sub-abdominal sheathing effect, the belt having a three-dimensional shape and comprising a front part and a rear part, said front part and said rear part being connected on each side by respective intermediate parts, where said rear part has a longitudinal axis and said intermediate parts having respective longitudinal axes, where the longitudinal axis of said rear part exists in a plane and said longitudinal axes of said respective intermediate parts exists in one or more planes, and where the plane in which the rear part exists and the plane or planes in which the respective intermediate parts exist are distinct and cross each other (Paragraph 31-37 and see annotated Figure 2 below, basket-handle shape provides longitudinal axis crossing of intermediate and rear parts in as much as that of Applicant’s claimed invention).
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Regarding claim 14, Yi discloses the invention as described above and further discloses wherein the intermediate parts (Paragraph 31-37 and see annotated Figure 2 above, intermediate parts joined together in down then up from left hip side to right hip side when front parts 20,30 are fastened 20,40 together forming basket-handle shape in as much as that of Applicant’s claimed invention) are curved downwards and then upwards in a basket-handle shape when the intermediate parts are joined together.
Regarding claim 21, Yi discloses the invention as described above and further discloses wherein each of said respective intermediate parts (Paragraph 31-37 and see annotated Figure 2 above, intermediate parts joined together in down then up from left hip side to symmetrical right hip side when front parts 20,30 are fastened 20,40 together forming basket-handle shape in as much as that of Applicant’s claimed invention) is curved downwards and symmetrical to join said front part.
Regarding claim 26, Yi discloses the invention as described above and further discloses a holding device (Paragraphs 37, 42, and Figure 5, lower pelvic/hip bone belt 90) extending on a lower side of said belt 10.
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.
Claims 11-13 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Yi (CN 203303213 U), as applied to claim 10, in view of Cha (U.S. Patent Pub. No. 20140231472).
Regarding claim 11, Yi disclose the invention as described above but fails to explicitly disclose the belt stiffened in a vertical direction to retain a three-dimensional shape when looped and tensioned.
Cha teaches an analogous belt 208 (Paragraphs 38 and Figures 2A and 2D, belt 208 with stiffener 210 provided inside the fabric of the fast strap 208. Stiffener 210 formed as single piece that extends the full length of the fastening strap 208 and is flexible in the longitudinal direction so that the fastening strap 208 can bend to wrap around the user while also being rigid in the lateral direction to prevent bending, folding or twisting of the fastening strap) stiffened210 in a vertical direction to retain a three-dimensional shape when looped and tensioned.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the belt of Yi, so that the belt stiffened in a vertical direction to retain a three-dimensional shape when looped and tensioned, as taught by Cha, in order to provide an improved belt with an enhanced stiffener reinforcement longitudinally extending panels thereon for increased vertical support and rigidity while allowing longitudinal flexibility to wrap around the user’s waist (Cha, Paragraph 38).
Regarding claim 12, Yi disclose the invention as described above but fails to explicitly disclose the belt is provided with a reinforcement in a form of a strip which is flexible longitudinally but rigid transversely.
Cha teaches an analogous belt 208 (Paragraphs 38 and Figures 2A and 2D, belt 208 with stiffener 210 provided inside the fabric of the fast strap 208. Stiffener 210 formed as single piece that extends the full length of the fastening strap 208 and is flexible in the longitudinal direction so that the fastening strap 208 can bend to wrap around the user while also being rigid in the lateral direction to prevent bending, folding or twisting of the fastening strap) is provided with a reinforcement 210 in a form of a strip 210 which is flexible longitudinally but rigid transversely.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the belt of Yi, so that the belt is provided with a reinforcement in a form of a strip which is flexible longitudinally but rigid transversely, as taught by Cha, in order to provide an improved belt with an enhanced stiffener reinforcement longitudinally extending panels thereon for increased vertical support and rigidity while allowing longitudinal flexibility to wrap around the user’s waist (Cha, Paragraph 38).
Regarding claim 13, the combination of Yi in view of Cha disclose the invention as described above and further discloses the reinforcement 208 (Cha, Paragraphs 38 and Figures 2A and 2D, belt 208 with stiffener 210 provided inside the fabric of the fast strap 208. Stiffener 210 formed as single piece that extends the full length, which includes the rear ¾, of the fastening strap 208 and is flexible in the longitudinal direction so that the fastening strap 208 can bend to wrap around the user while also being rigid in the lateral direction to prevent bending, folding or twisting of the fastening strap) extends over a rear three quarters of a circumference of the belt.
Regarding claim 22, Yi disclose the invention as described above but fails to explicitly disclose wherein said first and second intermediate parts include an integrated support that maintains the longitudinal axis of said intermediate parts relative to the longitudinal axis of said rear part.
Cha teaches an analogous 208 (Paragraphs 38 and Figures 2A and 2D, belt 208 with stiffener 210 provided inside the fabric of the fast strap 208. Stiffener 210 formed as single piece that extends the full length of the fastening strap 208 and is flexible in the longitudinal direction so that the fastening strap 208 can bend to wrap around the user while also being rigid in the lateral direction to prevent bending, folding or twisting of the fastening strap) wherein said analogous first and second intermediate parts (Figure 2a, left and right sides of belt 208) include an integrated reinforcement 210 that maintains (Paragraphs 38 and Figures 2A and 2D flexible stiffener matches contour of belt) a similar longitudinal axis of said analogous intermediate parts and a similar longitudinal axis of said analogous rear part (Figure 2a, posterior side of belt 208)).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the belt having the respective intermediate part and rear part longitudinal axis of Yi, so that the belt with said first and second intermediate parts include an integrated reinforcement that maintains the longitudinal axis of said intermediate parts relative to the longitudinal axis of said rear part, as taught by Cha, in order to provide an improved belt with an enhanced stiffener reinforcement longitudinally extending panels thereon for increased vertical support and rigidity while allowing longitudinal flexibility to wrap around the user’s waist (Cha, Paragraph 15).
Claims 15, 17, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Haneji (WO 2006033394 A1).
Regarding claim 15, an embodiment of Figure 14 of Haneji discloses a post-natal gluteal orthosis (Paragraphs 70-71 and Figure 14, orthosis 1 with belt 5 having mating left fastener 5f and right fastener 5g at front ends as well as first and second support holding devices 2,4 with base connected to belt 5 and then having gluteal straps that extends towards crotch which then intersect to form anterior straps that extend to connect with fasteners 5d,e at front of belt 5) comprising: a belt 5 having first and second ends 5f,5g, where the ends 5f,5g are configured to be connected to each other and thereby form a loop with the connection being located in a front portion of the loop, and where the belt 5 includes a middle portion that forms a rear portion (Figure 14, middle posterior back section of belt 5) of the loop when the first and second ends5f,5g are connected, first and second supports 2,4 arranged adjacent to each other and attached to the middle portion of the belt 5 so as to be located in the rear portion of the loop when the first and second ends 5f,5g are connected, where the first and second supports 2,4 each respectively include a base that connects to the belt and a gluteal part (Figure 14, gluteal rear strap portion of 2,4) extending from the base away from the belt toward a distal end of the gluteal part: and first and second straps (Figure 14, anterior front strap portion of 2,4) respectively extending from the distal ends (Figure 14, distal end of gluteal rear strap portion of 2,4 at intersecting crotch) of the gluteal parts of the first and second supports 2,4, where the first and second straps 2,4, include first and second distal ends 2c,4c, respectively, opposite the respective gluteal parts, where the first and second distal ends 2c,4c of the first and second straps 2,4 are configured to connect 5d,5e to the belt 5 in the front portion of the loop.
However, the embodiment of Figure 14 of Haneji fails to explicitly disclose the gluteal part of the first and second supports is tapered part.
An embodiment of Figures 8 of Haneji teaches an analogous post-natal gluteal orthosis 10 (Paragraph 62 and Figure 8: hernia surgery orthosis pants comprising gluteal straps 16a16b, and front anterior straps 16b,17b that taper towards an intersection at the crotch) wherein the analogous gluteal part 16a,17a of the analogous first and second supports 16a,17a, 16b,17b is a tapered part.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the gluteal part of the first and second supports of the embodiment of Figure 14 of Haneji, so that the gluteal part of the first and second supports is tapered part, as taught by the embodiment of Figures 8 of Haneji, in order to provide an improved post-natal gluteal orthosis with an enhanced first and second support forming posterior gluteal tapering towards an intersection at the crotch for desirable comfort while maintaining support therethrough (Haneji, Paragraph 62).
Regarding claim 17, the combination of embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji discloses the invention as described above but fails to explicitly disclose a pad associated with each of the first and second support and removably and adjustably fixed to each of the first and second support configured between two ischial bone tuberosities of the subject when worn by the subject.
An embodiment of Figure 11 of Haneji teaches an analogous post-natal gluteal orthosis 30 (Paragraphs 68-69 and Figure 11: hernia surgery orthosis pants 30 comprising support straps 36,37 with pads 36a,37a having fasteners for attachment/detachment) comprises a pad 36a,37a associated with each of the analogous first and second support 36,37 and removably and adjustably fixed to each analogous first and second support 36,37 configured between two ischial bone tuberosities of the subject when worn by the subject.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first and second support of the embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji, so that there is a pad associated with each of the first and second support and removably and adjustably fixed to each support configured between two ischial bone tuberosities of the subject when worn by the subject, as taught by the embodiment of Figure 11 of Hanji, in order to provide an improved post-natal gluteal orthosis with enhanced first and second straps having removably attachable pads that provide desirable resilience forces against the user resulting in a buffering and comfort at the groin (Haneji, Paragraphs 68-69).
Regarding claim 18, the combination of embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji discloses the invention as described above and further discloses wherein the tapered part (Haneji, Paragraph 17,18, 62 and Figure 8: tapering triangular posterior gluteal parts 16a,17a) of said first support and said second support (Haneji, Figure 14: supports 2,4 ; Haneji, Figure 8, supports 16a,17a, 16b,17b) is made of an elastic fabric
Regarding claim 20, the combination of embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji discloses the invention as described above. The embodiment of Figure 14 of Haneji further discloses wherein the belt 5 (Paragraphs 70-71 and Figure 14) includes first and second attachment points 5d,5e in the front portion of the loop, where said first and second attachment points 5d,5e are configured to receive the first and second straps (Figure 14, anterior front strap portion of 2,4), respectively
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Haneji (WO 2006033394 A1), as applied to claim 18, in view of Amsel et al. (U.S. Patent Pub. No. 20050132474)
Regarding claim 19, the combination of embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji discloses the invention as described above but fails to explicitly disclose the elastic fabric of the tapered part is oriented so that an elasticity is mainly in a transverse direction and low in a longitudinal direction.
Amsel teaches an analogous belt 26 (Paragraphs 28, 30, 35 and 39 and Figure 1,waistband 26 is construed as a belt 18 in as much as of that of Applicant’s Figure 4 because the waistband 18 meets the claimed definition by wrapping around user’s waist and having gluteal holding device 55) comprising analogous holding device 44 (Paragraphs 28, 30, 35, and 39 and Figure 1, garment 10 with elastic fabric comprising an analogous rear part 44 wherein the analogous elastic fabric (Paragraphs 28, 30, 35, and 39 and Figure 1, elasticity with more horizontal stretch in medial to lateral transverse direction compared to inferior superior longitudinal direction) of the analogous rear part 44 is oriented so that an elasticity is mainly in a transverse direction and low in a longitudinal direction.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the elastic fabric of the tapered rear part of embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji, so that the elastic fabric of the tapered part is oriented so that an elasticity is mainly in a transverse direction and low in a longitudinal direction, as taught by Amsel, in order to provide an improved post-natal gluteal orthosis with an enhanced elastic fabric that provides one directional stretch for desirable user adjustability and comfortability during wear while maintaining rigidity in a superior to inferior vertical longitudinal direction (Amsel, Paragraphs 28, 30, 35, and 39).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Yi (CN 203303213 U) in view of Cha (U.S. Patent Pub. No. 20140231472), as applied to claim 12, and in further view of Freeman et al. (U.S. Patent Pub. No. 20020019296).
Regarding claim 23, the combination of Yi in view of Cha discloses the invention as described above and further discloses wherein the reinforcement 210 (Cha, Paragraph 38 and Figures 2A and 2D, flexible stiffener 210 integrated inside body of belt 208) is a band integrated into a body of the belt.
However, the combination of Yi in view of Cha fails to explicitly disclose the reinforcement is a band of polycarbonate integrated into a body of the belt.
Freeman teaches an analogous belt (Paragraph 43, 83 and Figure 2A, polycarbonate 206,208 flexible band integrated into a belt fabric via stitching )wherein the analogous reinforcement 206,208 is a band of polycarbonate integrated into a body of the analogous belt.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the flexible reinforcement band of Yi in view of Cha, so that the flexible reinforcement band is polycarbonate, as taught by Freeman, in order to provide an improved belt with an enhanced reinforcement material formed of desirable longitudinal flexibility as well as support and protection (Freeman, Paragraphs 43 and 83).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Haneji (WO 2006033394 A1), as applied to claim 15, in view of Zhao et al. (CN 2263982 Y).
Regarding claim 24, the combination of the embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji discloses the invention as described above but fails to explicitly disclose wherein the first and second straps are non-tapered.
Zhao teaches an analogous post-natal gluteal orthosis (Page 2/7, Paragraphs 1-5 and Figure 1: hernia surgery orthosis with belt 1,4 connected with gluteal straps that taper to elastic portion 9 and intersect at perineum to form anterior front straps 2 that then attach to the anterior side of the belt 1,4 via buckle 3) wherein the analogous tapered part (Page 2/7, Paragraphs 1-5 and Figure 1, posterior gluteal tapered part towards elastic 9) at a posterior side connected to analogous first and second straps (Page 2/7, Paragraphs 1-5 and Figure 1, anterior non-tapered front straps 2 after crossing at perinium) after crossing at the crotch that the extend on an anterior side and are non-tapered.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first and second straps at the anterior of the embodiment of Figure 14 of Haneji in view of embodiment Figure 8 of Haneji, so that the first and second straps are non-tapered, as taught by Zhao, in order to provide an improved post-natal gluteal orthosis with enhanced first and second anterior straps that connect to the posterior gluteal tapered portions and are non-tapered on an anterior side for desirable comfort and support after crossing with minimal bulkiness (Zhao, Page 2/7, Paragraphs 1-5).
Allowable Subject Matter
Claim 25, as best understood given by the 35 USC 112(B) above, is objected to as being dependent upon a 35 USC 102 or 103 rejected base claim, but would be allowable under 35 USC 102 or 103 if rewritten in independent form including all of the limitations of the base claim and any intervening claims; and if the 35 USC 112(B) is corrected as suggested by Examiner above.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 25 would be allowable for disclosing wherein the tapered part retains a certain elasticity in one direction and the first and second strap is inextensible.
The embodiment Figure 8 of Haneji teaches wherein the tapered part (Haneji, Paragraph 17,18, 62 and Figure 8: tapering triangular posterior gluteal parts 16a,17a) of said first support and said second support (Haneji, Figure 8, supports 16a,17a, 16b,17b) is made of an elastic fabric.
Zhao teaches an analogous post-natal gluteal orthosis (Page 2/7, Paragraphs 1-5 and Figure 1: hernia surgery orthosis with belt 1,4 connected with gluteal straps that taper to elastic portion 9 and intersect at perineum to form anterior front straps 2 that then attach to the anterior side of the belt 1,4 via buckle 3) wherein the analogous tapered part (Page 2/7, Paragraphs 1-5 and Figure 1, posterior gluteal tapered part towards elastic 9) at a posterior side connected via elastic strap portion 9 to analogous first and second straps (Page 2/7, Paragraphs 1-5 and Figure 1, anterior non-tapered front straps 2 after crossing at perinium) after crossing at the crotch that the extend on an anterior side and are non-tapered.
Based on the structures of Zhao and Haneji Figure 8 it would be improper hindsight to modify Haneji Figure 14 so that the tapered part retains a certain elasticity in one direction and the first and second strap is inextensible.. One of ordinary skill would instead be drawn to the structure of Zhao and Haneji. Zhao has inextensible front straps and tapered gluteal parts connected via an elastic part, but the elastic part is not also tapered. Haneji has the elastic gluteal tapered parts, but also includes the front straps as being elastic too, without differentiating between the material. Therefore, the combination of features is considered to be allowable as given by improper combinations and hindsight reasoning.
Conclusion
17. 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.
18. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(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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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786