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 .
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, the following must be shown or the feature(s) canceled from the claim(s).
In claim 1, line 5: “the leg strap is connected to the foot strap by two connection straps”.
In claim 3, line 15: “an upper of the strap body”.
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.
Claim Objections
Claims 1, 3-4, and 6-8 are objected to because of the following informalities:
Claim 1, line 4 recites “the leg strap is wrapped around a user's leg by bonding” shall be corrected to “the leg strap is configured to be wrapped around a user's leg by bonding” to change the language from methodological to functional.
Claim 1, lines 4-5 recite “and the leg strap is connected to the foot strap by two connection straps having adjustable length;” shall be corrected to “and the leg strap is connected to the plantar support plate by two connection straps having adjustable length;” to be consistent with the drawings.
Claim 1, line 7 recites “and the other end thereof’ shall be corrected to “a second end” for clarity.
Claim 4, line 19 recites “which is bonded to the foot strap,” shall be corrected to “which is configured to be bonded to the foot strap,” to change the language from methodological to functional.
Claim 6, line 24 recites “a sixth two-stage stickable surface” shall be corrected to “a sixth stickable surface” to be consistent with the wording in claim 6, line 25, claim 7, line 29, and Claim 8, lines 31 and 33.
Claim 6, lines 25-26 recites “the seventh stickable surface is bonded and fixed to the fifth stickable surface.” shall be corrected to “the seventh stickable surface is configured to be bonded and fixed to the fifth stickable surface.” to change the language from methodological to functional.
Claim 7, line 27 recites “the inner side surface” shall be corrected to “an inner side surface” for clarity.
Claim 7, line 30 recites “which is bonded to the sixth stickable surface” shall be corrected to “which is configured to be bonded to the sixth stickable surface” to change the language from methodological to functional.
Claim 8, line 33 recites “the ninth stickable surface is bonded to the sixth stickable surface,” shall be corrected to “the ninth stickable surface is configured to be bonded to the sixth stickable surface,” to change the language from methodological to functional.
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 1-8 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.
Regarding claim 1, line 7 recites “a head pull buckle”, however the provided drawing of the head pull buckle makes it unclear how the buckle actually works, thus rendering the claim indefinite.
For the purposes of examination, the head pull buckle will be interpreted as a tab to attach the ends of the leg strap together.
Regarding claim 1, line 8 recites “a tail pull buckle”, however the provided drawing of the tail pull buckle makes it unclear how the buckle actually works, thus rendering the claim indefinite.
For the purposes of examination, the tail pull buckle will be interpreted as a tab to attach the ends of the leg strap together.
Regarding claim 3, line 15 recites “an upper of the strap body”, however the upper is not labeled in the drawings, thus rendering the claim indefinite.
For the purposes of examination, “an upper of the strap body” will be interpreted as the end of the strap body closest to the leg strap.
Claims 2, and 4-8 are rejected by virtue of their dependency on claims 1 and 3.
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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi (US 20220313532 A1), in view of Meeker et al (US 20240157160 A1), and in further view of Canevari (US 20150157893 A1) and Friesell (US 1502947 A).
Regarding claim 1, Al-Oboudi discloses a foot stretching strap (foot flexure device 100), comprising a leg strap (wrap 118), a connection strap (adjustable straps 104), a plantar support plate (foot plate 102), and a foot strap (foot strap 114) (Figs. 1-2; [0026-0029]);
the leg strap (wrap 118) is wrapped around a user's leg by bonding, and the leg strap is connected to the foot strap (foot strap 114) by two connection straps (adjustable straps 104) having adjustable length (Figs. 1-2; [0028-0029]).
However, Al-Oboudi fails to disclose the foot strap is sleeved on the user's foot and fixed in the plantar support plate by bonding; one end of the leg strap is provided with a head pull buckle, and the other end thereof is provided with a tail pull buckle; an inner side surface of the leg strap close to the head pull buckle is respectively provided with a first stickable surface and a second stickable surface.
Canevari teaches the foot strap (outer loop 104) is sleeved on the user's foot and fixed in the plantar support plate (external strap 110) by bonding (Fig. 3; [0020-0025]) to secure the plate in place [0022].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Al-Oboudi so that the foot strap is sleeved on the user's foot and fixed in the plantar support plate by bonding, as taught by Canevari, in order to secure the plate in place.Modified Al-Oboudi still fails to disclose one end of the leg strap is provided with a head pull buckle, and the other end thereof is provided with a tail pull buckle.
Friesell teaches one end of the leg strap (D) is provided with a head pull buckle (strap and buckle 12), and the other end thereof is provided with a tail pull buckle (upwardly extending straps 13) (Figs. 1-2, and 5; [19]) to secure the leg strap.
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Al-Oboudi so that one end of the leg strap is provided with a head pull buckle, and the other end thereof is provided with a tail pull buckle, as taught by Friesell, in order to improve secure fixation and adjustability around the user’s leg.
Al-Oboudi, Canevari, and Friesell are silent to an inner side surface of the leg strap close to the head pull buckle is respectively provided with a first stickable surface and a second stickable surface.
Meeker teaches straps having multiple attachment mechanisms to tighten the strap and provide support around the leg [0041 and 0047].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify Al-Oboudi so that an inner side surface of the leg strap close to the head pull buckle is respectively provided with a first stickable surface and a second stickable surface, as taught by Meeker, in order to tighten the strap and provide support around the leg.
Regarding claim 2, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 1, as mentioned above.
Modified Al-Oboudi further discloses an outer side surface of the leg strap located at one side of the tail pull buckle is provided with a third stickable surface and a fourth stickable surface to tighten the strap and provide support around the leg [0041 and 0047].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi, in view of Meeker et al, Canevari and Friesell, in further view of Tudor (US 5256119 A).
Regarding claim 3, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 1, as mentioned above.
However, modified Al-Oboudi fails to disclose wherein the connection strap comprises a strap body, an adjustable tension buckle, and an anti-release buckle, wherein the anti-release buckle is provided at an upper of the strap body; one end of the strap body is connected to the leg strap, and the other end thereof passes through the adjustable tension buckle and the anti- release buckle that are provided on the plantar support plate.
Tudor teaches wherein the connection strap (leg straps 55) comprises a strap body, an adjustable tension buckle (clip member 70), and an anti-release buckle (belt ring 68), wherein the anti-release buckle is provided at an upper of the strap body; one end of the strap body (leg straps 55) is connected to the leg strap (knee band 74), and the other end thereof passes through the adjustable tension buckle (clip member 70) and the anti- release buckle (belt ring 68), that are provided on the plantar support plate (foot stirrup 72) (Fig. 6; [6]) so the degree of the adjustment can be made according to the level of exercise desired by the wearer when moving or standing [0041].
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Al-Oboudi so that wherein the connection strap comprises a strap body, an adjustable tension buckle, and an anti-release buckle, wherein the anti-release buckle is provided at an upper of the strap body; one end of the strap is connected to the leg strap, and the other end thereof passes through the adjustable tension buckle and the anti- release buckle, that are provided on the plantar support plate, as taught by Tudor, so the degree of the adjustment can be made according to the level of exercise desired by the wearer when moving or standing.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi, in view of Meeker et al, Canevari, Friesell, and Tudor in further view of Weaver et al (WO 2014110029 A1).
Regarding claim 4, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 3, as mentioned above.
the leg strap is wrapped around a user's leg by bonding, and the leg strap is connected to the foot strap by two connection straps having adjustable length.
However, modified Al-Oboudi fails to disclose wherein an inner side surface of the plantar support plate is a fifth stickable surface, which is bonded to the foot strap, and the plantar support plate is further provided with a shaping plate.
Weaver teaches the plantar support plate (support assembly 100) is further provided with a shaping plate (footplate 120) (pg.6, lines 18-22) to support the plantar fascia (pg. 7, lines 30-32).
Furthermore, Weaver is silent to the plantar support plate being bonded to the foot strap.
However, Canevari teaches the plantar support plate being bonded to the foot strap [0020] and Weaver teaches an inner side surface of the plantar support plate is a fifth stickable surface (pg. 6, lines 11-17).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to substitute the plantar support plate of modified Al-Oboudi with the plantar support plate of Weaver, so that the leg strap is wrapped around a user's leg by bonding, and the leg strap is connected to the foot strap by two connection straps having adjustable length, as taught by Weaver, in order to support the plantar fascia.
Regarding claim 5, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 4, as mentioned above.
However, modified Al-Oboudi fails to disclose wherein the shaping plate is an arc- shaped structure with an angle ranging from 15° to 90°.
Modified Al-Oboudi teaches that the shaping plate is an arc-shaped structure with an angle that allows the arches to at least approximate the natural curvature of a wearer’s arch to support the plantar fascia (pg. 7, lines 30-32).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Al-Oboudi so that wherein the shaping plate is an arc- shaped structure with an angle ranging from 15° to 90°, as taught by Weaver, in order to support the plantar fascia.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi, in view of Meeker et al, Canevari, Friesell, Tudor, and Weaver et al, in further view of Hubbard (US 5944678 A).
Regarding claim 6, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 4, as mentioned above.
However, modified Al-Oboudi fails to disclose wherein an outer side surface of the foot strap is provided with a sixth two-stage stickable surface, and there is a seventh stickable surface in the sixth stickable surface; the seventh stickable surface is bonded and fixed to the fifth stickable surface.
Furthermore, Meeker, Canevari, Friesell, Tudor, and Weaver are silent to wherein an outer side surface of the foot strap is provided with a sixth two-stage stickable surface, and there is a seventh stickable surface in the sixth stickable surface; the seventh stickable surface is bonded and fixed to the fifth stickable surface.
Hubbard teaches straps having multiple stickable surfaces connected to other straps with stickable surfaces to provide strengthened zones (Figs. 1-4; [18]).
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Al-Oboudi so that wherein an outer side surface of the foot strap is provided with a sixth two-stage stickable surface, and there is a seventh stickable surface in the sixth stickable surface; the seventh stickable surface is bonded and fixed to the fifth stickable surface, as taught by Hubbard, in order to provide strengthened zones.
Claims 7-8 is rejected under 35 U.S.C. 103 as being unpatentable over Al-Oboudi, in view of Meeker et al, Canevari, Friesell, Tudor, Weaver et al, and Hubbard, in further view of Beckwith (US 7753864 B2).
Regarding claim 7, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 6, as mentioned above.
Modified Al-Oboudi further discloses one end of the inner side surface of the foot strap is further provided with an eighth stickable surface, which is bonded to the sixth stickable surface.
However, modified Al-Oboudi fails to disclose wherein a middle of the inner side surface of the foot strap is provided with a filling type buffer pad, and the filling type buffer pad has a thickness of 1mm to 50mm.
Beckwith teaches wherein a middle of the inner side surface (inside surface 42) of the foot strap (foot assembly 14) is provided with a filling type buffer pad (pad 40), and the filling type buffer pad has a thickness of 1mm to 50mm (“The pad 40 may be used to provide additional cushioning of the pressure against the foot.”) [22]) to provide additional cushioning for the foot.
Therefore, it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to modify modified Al-Oboudi so that wherein a middle of the inner side surface of the foot strap is provided with a filling type buffer pad, and the filling type buffer pad has a thickness of 1mm to 50mm, as taught by Beckwith, in order to provide additional cushioning for the foot.
Regarding claim 8, modified Al-Oboudi discloses the foot stretching strap as claimed in claim 7, as mentioned above.
Modified Al-Oboudi further discloses wherein the sixth stickable surface of the foot strap is further affixed with a movable strap, two ends of the movable strap are provided with a ninth stickable surface, the ninth stickable surface is bonded to the sixth stickable surface, and an inner side surface of the movable strap is provided with an anti-slip tape to provide strengthened zones.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Collier et al (US 20160030222 A1) is cited for its for its ankle-foot flexion device.
Deboer et al (US 20090192428 A1) is cited for its wrap for treating plantar fasciitis.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMIRAH WRIGHT whose telephone number is (571)270-1946. The examiner can normally be reached M-Th: 6:45AM-4:15PM F: 6:45AM-3:15PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brandy S Lee can be reached at (571) 270-7410. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AMIRAH WRIGHT/Examiner, Art Unit 3785
/BRANDY S LEE/Supervisory Patent Examiner, Art Unit 3785
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