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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Claim Objections
Claims 1-4, 6, 8-10, 12-14, and 16 are objected to because of the following informalities:
Claim 1, page 1, line 2 “alignmentmeasuring”
Claim 1, page 1, line 5 “whichAtlas”
Claim 1, page 1, line 7 “topend”
Claim 1, page 1, line 10 “useby”
Claim 1, page 1, line 12 “ofthe”
Claim 1, page 1, line 15 “anda”
Claim 1, page 1, line 23 “Atlassheath”
Claim 1, page 1, line 24 “andthe"
Claim 1, page 2, line 1 “theuser”
Claim 1, page 2, line 7 “reacquireproper“
Claim 1, page 2, line 11 “replacedwith”
Claim 2, line 1 “ofclaim”
Claim 2, line 10 “theuser’s”
Claim 3, line 2 “withor”
Claim 4, page 3, line 1 “theremaining”
Claim 6 line 1 “furthercomrising”
Claim 8 lines 2-3 “or low-density),plastic, leather, or poly vinyl gel.” (both the spacing of “plastic” and the space between “poly” and “vinyl”)
Claim 9, line 1 “furthercomrising”
Claim 9, line 5 “slidealong”
Claim 10, page 3, line 1 “furtherincluding”
Claim 10, page 2, line 1 “inlayscomprise”
Claim 12, line 3 “theAtlas”
Claim 13, line 4 “theAtlas”
Claim 14, line 2 “whichthe”
Claim 16, page 4, line 1 “alignmentmeasuring”
Claim 16, page 5, line 2 “orderto”
Claim 16, page 5, line 7 “insidesurface”
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 1-16 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 1 reads “Atlas bar in place and wherein the sacrum pad is adapted to be placed on the spine of the in” in line 18. It is unclear to what the claim refers as there is a missing claimed element after “the spine of the.” For the sake of compact prosecution, Examiner will interpret the claim to refer to the spine of the user.
Claim 2 recites the limitation "the front of the thoracic belt" in line 12, and “the front of the sacrum belt” in line 12. There is insufficient antecedent basis for these claim limitations. While the claim introduces a thoracic belt and a sacrum belt, neither has been clarified to have a front. For the sake of compact prosecution, Examiner will interpret the limitations as newly introduced.
Claim 2 recites “is used to affix” in line 13. The current claim is a device claim but the limitation reads as an improper method step within the device claim. For the sake of compact prosecution, Examiner will interpret the limitation to read “usable.”
Claim 4, page 4 recites “between I ½ and 2.0 inches” in line 3. It is unclear the range of the width as the lower end of the range is a letter (the uppercase letter “i”) rather than a number. For the sake of compact prosecution, Examiner will interpret the limitation lower end to be 1.5.
Claim 14 recites the limitation "the sacrum belt" in line 2, “the thoracic belt” in line 3, and “the connecting strap” in line 4. There is insufficient antecedent basis for these claim limitations. For the sake of compact prosecution, Examiner will interpret the limitations as newly introduced.
Claim 16 recites “The method of configuring and using the spinal alignmentmeasuring device of
claim 16, wherein the step of selecting the Atlas pad includes:” in lines 1-2. The claim depends on itself so it is unclear what is intended to be the scope of the claim. Instant application claim 16 is identical to parent application US Patent No. 12,004,988 claim 21 (which is also dependent on a claim 16) and an independent method claim is not present in the current claim set, so the instant application claim 16 inclusion appears unintentional. For the sake of compact prosecution, Examiner will omit the claim.
Claims 2-16 are rejected based upon their dependency on a rejected claim above.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of U.S. Patent No. 12,004,988. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of U.S. Patent No. 12,004,988 are substantially similar and/or more specific than those of the instant application.
Instant Application, SN 18/738,035
US Patent No. 12,004,988
1. A spinal alignment measuring device for measuring, enhancing, and facilitating correct spinal alignment of the spine of a user, the spinal alignmentmeasuring device comprising:
an Atlas bar having a top end, a bottom end, an inside surface, an outside surface, whichAtlas bar is straight, and a removable Atlas pad having an inside end, an outside end, and a length, wherein the outside end of the Atlas pad is perpendicularly placed length-wise at the topend of the Atlas bar on the inside surface of the Atlas bar;
wherein the inside end of the Atlas pad is adapted to be placed in physical contact with the center of the Atlas vertebra of the user when the spinal alignment measuring device is in useby the user and whereby the length of the Atlas pad is indicative as a measurement of the misalignment of the user's spine and is selected to be equal to the distance between the center ofthe Atlas of the Atlas vertebra of the user and the inside surface of the Atlas bar where the Atlas pad is placed; and
an Atlas sheath having a top end, a bottom end, an inside surface, an outside surface, anda sacrum pad placed at the bottom end of the Atlas sheath on the inside surface of the Atlas sheath;
wherein the Atlas sheath is straight and is adapted to adjustably receive and hold the Atlas bar in place and wherein the sacrum pad is adapted to be placed on the spine of the in alignment with the center of the sacrum of the user;
wherein whenever a properly adjusted spinal alignment measuring device is placed or affixed along the center line of the user's spine, the inside end of the Atlas pad will be in physical contact with the center of the Atlas vertebra of the user, the inside surface of the Atlassheath will be in physical contact with the center of the thoracic region of the user's spine, andthe sacrum pad will be in physical contact with the center of the sacrum of the user;
wherein these three physical contact points on the spine of the user may be used to measure the degree of the user's spinal misalignment and create proprioceptive awareness intheuser that provides the user with an awareness of proper posture alignment of the user's spine;
wherein whenever the spine of the user is altered such that the Atlas pad is no longer in physical contact with the center of the Atlas vertebra, the user will receive instantaneous feedback from the properly adjusted spinal alignment measuring device that he is no longer maintaining proper spinal alignment thus allowing the user to adjust his posture to reacquireproper spinal alignment and to reactivate the user's proprioceptive awareness;and
wherein whenever the spinal alignment of the user improves after use of the spinal alignment measuring device by the user, the Atlas pad in place may be removed and replacedwith a new Atlas pad of proper length.
1. A spinal alignment measuring device for measuring, enhancing, and facilitating correct spinal alignment of the spine of a user, the spinal alignmentmeasuring device comprising:
a straight Atlas bar having a top end, a bottom end, an inside surface, an outside surface, and a removable Atlas pad having an inside end, an outside end, and a length defined by a distance between the inside end and the outside end of the Atlas pad, wherein the outside end of the Atlas pad is perpendicularly placed length-wise at the top end of the Atlas bar on the inside surface of the Atlas bar;
wherein the inside end of the Atlas pad is adapted to be placed in physical contact with the center of the Atlas vertebra of the user when the spinal alignment measuring device is in use by the user and whereby the length of the Atlas pad is indicative as a measurement of the misalignment of the user's spine and is selected to be equal to the distance between the center of the Atlas vertebra of the user and the inside surface of the Atlas bar where the Atlas pad is placed; and
a straight Atlas sheath having a top end, a bottom end, an inside surface, an outside surface, and a sacrum pad placed at the bottom end of the Atlas sheath on the inside surface of the Atlas sheath;
wherein the Atlas sheath is adapted to adjustably receive and hold the Atlas bar in place and wherein the sacrum pad is adapted to be placed on the spine of the user in alignment with the center of the sacrum of the user;
wherein whenever a properly adjusted spinal alignment measuring device is placed or affixed along the center line of the user's spine, the inside end of the Atlas pad will be in physical contact with the center of the Atlas vertebra of the user, the inside surface of the Atlas sheath will be in physical contact with the center of the thoracic region of the user's spine, and the sacrum pad will be in physical contact with the center of the sacrum of the user;
wherein these three physical contact points on the spine of the user may be used to measure the degree of the user's spinal misalignment and create proprioceptive awareness in the user that provides the user with an awareness of a proper posture alignment of the user's spine;
wherein whenever the spine of the user is altered such that the Atlas pad is no longer in physical contact with the center of the Atlas vertebra, the user will receive instantaneous feedback from the properly adjusted spinal alignment measuring device that he is no longer maintaining proper spinal alignment thus allowing the user to adjust his posture to reacquire proper spinal alignment and to reactivate the user's proprioceptive awareness; and
wherein whenever the spinal alignment of the user is altered after initial use of the spinal alignment measuring device by the user, the Atlas pad in place may be removed and replaced with a different, second Atlas pad with a modified length equal to a different, second measured distance between the center of the Atlas vertebra of the user's spine in the altered alignment and the inside surface of the Atlas bar.
2. The adjustable spinal alignment measuring device ofclaim 1, further comprising a torso harness comprising:
a left-shoulder suspender and a right-shoulder suspender;
a connecting strap connected to the left suspender and to the right-shoulder suspender;
a thoracic belt connected to the Atlas sheath and configured to be fastened and placed around the user's midriff;
and a sacrum belt connected to the Atlas sheath and configured to be fastened and placed around the user's hips such that the sacrum pad of the Atlas sheath is placed at the center of theuser's sacrum;
wherein the left-shoulder suspender and the right-shoulder suspender are each connected at the front of the thoracic belt and the front of the sacrum belt,
whereby the torso harness is used to affix the spinal alignment measuring device to the user's torso.
2. The adjustable spinal alignment measuring device of claim 1, further comprising a torso harness comprising:
a left-shoulder suspender having a top end and a bottom end and a right-shoulder suspender having a top end and a bottom end;
a connecting strap connected to the left suspender and to the right-shoulder suspender;
a thoracic belt connected to the Atlas sheath and configured to be fastened and placed around the user's midriff; and
a sacrum belt connected to the Atlas sheath and configured to be fastened and placed around the user's hips such that the sacrum pad of the Atlas sheath is placed at the center of the user's sacrum;
wherein the top end of the left-shoulder suspender and the top end of the right-shoulder suspender are each connected at the front of the thoracic belt; and
the bottom end of the left-shoulder suspender and the bottom end of the right-shoulder suspender are each connected at the front of the sacrum belt, and
whereby the torso harness is used to affix the spinal alignment measuring device at the centerline of the user's torso.
3. The spinal alignment measuring device of claim 2, wherein the torso harness comprises webbing made of nylon, polypropylene, or polyester, withor without a urethane coating.
3. The spinal alignment measuring device of claim 2, wherein the torso harness comprises webbing made of nylon, polypropylene, or polyester, with or without a urethane coating.
4. The spinal alignment measuring device of claim 3, wherein the webbing of the sacrum belt of the torso harness has a width of 2.0 inches, and theremaining webbing and belts of the torso harness has width between I1/2 and 2.0 inches.
5. The spinal alignment measuring device of claim 3, wherein the webbing of the sacrum belt of the torso harness has a width of 2.0 inches, and each of the remaining webbing and belts of the torso harness has a width between 1½ and 2.0 inches.
5. The spinal alignment measuring device of claim 4,wherein the thoracic belt and the sacrum belt each contain a side release buckle.
6. The spinal alignment measuring device of claim 5, wherein the thoracic belt and the sacrum belt each contain a side release buckle.
6. The spinal alignment measuring device of claim 1, furthercomprising a vest or jacket comprising: a
front configured to be opened and closed around the torso of the user;
a back having a channel configured to receive and hold the Atlas bar and the Atlas sheath;
a thoracic belt configured to be fastened and placed securely around the midriff of the user; and
a sacrum belt configured to be fastened and placed around the user's hips such that the sacrum pad of the Atlas sheath is placed at the center of the user's sacrum.
8. The spinal alignment measuring device of claim 1, further comprising a vest or jacket comprising:
a front configured to be opened and closed around the torso of the user;
a back having a channel configured to receive and hold the Atlas bar and the Atlas sheath;
a thoracic belt attached to the back of the vest or jacket configured to be fastened and placed securely around the midriff of the user; and
a sacrum belt attached to the back of the vest or jacket configured to be fastened and placed around the user's hips such that the sacrum pad of the Atlas sheath is placed at the center of the user's sacrum.
7. The spinal alignment measuring device of claim 1, wherein the Atlas pad is removable and may be replaced with another Atlas pad that varies with respect its length, its material, its shape, or any combination thereof.
9. The spinal alignment measuring device of claim 1, wherein the second Atlas pad is removable and may be replaced with a third Atlas pad with a different length, material, shape, or any combination thereof relative to the first and second Atlas pads, wherein the length of the third Atlas pad is equal to a third measured distance between the center of the Atlas vertebra of the user's spine in a further altered alignment and the inside surface of the Atlas bar.
8. The adjustable spinal alignment measuring device of claim 7, wherein the Atlas pad is made of rubber, fabric, foam (high-, medium-, or low-density),plastic, leather, or poly vinyl gel.
10. The adjustable spinal alignment measuring device of claim 9, wherein the Atlas pad is made of rubber, fabric, foam (high-, medium-, or low-density), plastic, leather, or poly vinyl gel.
9. The spinal alignment measuring device of claim 5, furthercomprising a first strap slide having a vertical slot through which the sacrum belt is threaded, a second strap slide having a vertical slot through which the thoracic belt is threaded, and a third strap slide having a vertical slot through which the connecting strap is threaded, wherein each of the first strap slide, the second strap slide, and the third strap slide is configured to movably slidealong the Atlas sheath.
7. The spinal alignment measuring device of claim 6, further comprising a first strap slide having a vertical slot through which the sacrum belt is threaded, a second strap slide having a vertical slot through which the thoracic belt is threaded, and a third strap slide having a vertical slot through which the connecting strap is threaded, wherein each of the first strap slide, the second strap slide, and the third strap slide is configured to movably slide along the Atlas sheath.
10. The spinal alignment measuring device of claim 3, furtherincluding elastic rubber inlays stitched onto portions of the thoracic belt, the left-shoulder suspender, the right-shoulder suspender, and the connecting strap, where the elastic rubber inlayscomprise a plurality of strands each containing a plurality of inter-twined elastic rubber strings.
4. The spinal alignment measuring device of claim 3, further including elastic rubber inlays stitched onto portions of the thoracic belt, the left-shoulder suspender, the right-shoulder suspender, and the connecting strap, where the elastic rubber inlays comprise a plurality of strands each containing a plurality of inter-twined elastic rubber strings.
11. The spinal alignment measuring device of claim 1 wherein the Atlas sheath further comprises a cylindrical cavity positioned along a length of the Atlas sheath that is configured to adjustably receive and hold the Atlas bar.
11. The spinal alignment measuring device of claim 1 wherein the Atlas sheath further comprises a cylindrical cavity positioned along a length of the Atlas sheath that is configured to adjustably receive and hold the Atlas bar.
12. The spinal alignment measuring device of claim 11, further including an Atlas pad assembly having a top face and a bottom face, configured to fit securely over the top end of the Atlas bar, and having a hole to receive a threaded pin to hold theAtlas pad.
12. The spinal alignment measuring device of claim 11, further including an Atlas pad assembly having a top face and a bottom face, configured to fit securely over the top end of the Atlas bar, and having a hole to receive a threaded pin to hold the Atlas pad.
13. The adjustable spinal alignment measuring device of claim 1, wherein the Atlas pad further comprises: a knob placed at the inside end of the Atlas pad contoured to conform to the center of theAtlas vertebra of the user; and
whereby the outside end of the Atlas pad is configured to receive a threaded pin configured to hold the Atlas pad in place at the inside surface at the top of the Atlas bar.
13. The adjustable spinal alignment measuring device of claim 1, wherein the Atlas pad furthercomprises: a non-supporting knob placed at the inside end of the Atlas pad contoured to conform to and provide physical contact with the center of the Atlas vertebra of the user;
whereby the outside end of the Atlas pad is configured to receive a threaded pin configured to hold the Atlas pad in place at the inside surface at the top of the Atlas bar.
14. The spinal alignment measuring device of claim 13, wherein the Atlas sheath further comprises a first strap slide having a vertical slot through whichthe sacrum belt may be threaded, a second strap slide having a vertical slot through which the thoracic belt may be threaded, and a third strap slide having a vertical slot through which the connecting strap may be threaded, wherein each of the first strap slide, the second strap slide, and the third strap slide are formed on an outside surface of the Atlas sheath.
14. The spinal alignment measuring device of claim 13, wherein the Atlas sheath further comprises a first strap slide having a vertical slot through which the sacrum belt may be threaded, a second strap slide having a vertical slot through which the thoracic belt may be threaded, and a third strap slide having a vertical slot through which the connecting strap may be threaded, wherein each of the first strap slide, the second strap slide, and the third strap slide are formed on an outside surface of the Atlas sheath.
15. The spinal alignment measuring device of claim 1, further comprising a hand grip attachable to the Atlas sheath that facilitates a third party using the adjustable spinal alignment device as a third-party spotter or trainer in conjunction with supervising a user's activities or exercises.
15. The spinal alignment measuring device of claim 1, further comprising a hand grip attachable to the Atlas sheath that facilitates a third party using the adjustable spinal alignment device as a third-party spotter or trainer in conjunction with measuring for a length of the Atlas pad or supervising a user's activities or exercises.
Allowable Subject Matter
Claims 1-15 would allowable over the prior art of record if the claims were rewritten to overcome the current 112 rejections and claim objections. Further, a Terminal Disclaimer must be filed or the claims be rewritten to overcome the current double patenting rejection. The following is an examiner’s statement of reasons for indicating allowable subject matter:
Claim 1 would be allowable because the closest prior art of record fails to disclose A spinal alignment measuring device for measuring, enhancing, and facilitating correct spinal alignment of the spine of a user, the spinal alignmentmeasuring device comprising: an Atlas bar having a top end, a bottom end, an inside surface, an outside surface, whichAtlas bar is straight, and a removable Atlas pad having an inside end, an outside end, and a length, wherein the outside end of the Atlas pad is perpendicularly placed length-wise at the topend of the Atlas bar on the inside surface of the Atlas bar; wherein the inside end of the Atlas pad is adapted to be placed in physical contact with the center of the Atlas vertebra of the user when the spinal alignment measuring device is in useby the user and whereby the length of the Atlas pad is indicative as a measurement of the misalignment of the user's spine and is selected to be equal to the distance between the center ofthe Atlas of the Atlas vertebra of the user and the inside surface of the Atlas bar where the Atlas pad is placed; and an Atlas sheath having a top end, a bottom end, an inside surface, an outside surface, anda sacrum pad placed at the bottom end of the Atlas sheath on the inside surface of the Atlas sheath; wherein the Atlas sheath is straight and is adapted to adjustably receive and hold the Atlas bar in place and wherein the sacrum pad is adapted to be placed on the spine of the in alignment with the center of the sacrum of the user; wherein whenever a properly adjusted spinal alignment measuring device is placed or affixed along the center line of the user's spine, the inside end of the Atlas pad will be in physical contact with the center of the Atlas vertebra of the user, the inside surface of the Atlassheath will be in physical contact with the center of the thoracic region of the user's spine, andthe sacrum pad will be in physical contact with the center of the sacrum of the user; wherein these three physical contact points on the spine of the user may be used to measure the degree of the user's spinal misalignment and create proprioceptive awareness in theuser that provides the user with an awareness of proper posture alignment of the user's spine; wherein whenever the spine of the user is altered such that the Atlas pad is no longer in physical contact with the center of the Atlas vertebra, the user will receive instantaneous feedback from the properly adjusted spinal alignment measuring device that he is no longer maintaining proper spinal alignment thus allowing the user to adjust his posture to reacquireproper spinal alignment and to reactivate the user's proprioceptive awareness; and wherein whenever the spinal alignment of the user improves after use of the spinal alignment measuring device by the user, the Atlas pad in place may be removed and replacedwith a new Atlas pad of proper length.
The closest prior art of record is Ely (US 8715212) which discloses A spinal alignment measuring device for measuring, enhancing, and facilitating correct spinal alignment of the spine of a user (Fig 2, the device has a linear bar that extends along spine contacting the upper neck, the back, and the lower back thus is capable of measuring and enhancing spinal alignment depending on the use; Further as the device is adjusted to the user there is inherently some measurement, even if it is general, while the device is in use), the spinal alignmentmeasuring device comprising: an Atlas bar having a top end, a bottom end, an inside surface, an outside surface, whichAtlas bar is straight, and a removable Atlas pad having an inside end, an outside end, and a length, wherein the outside end of the Atlas pad is perpendicularly placed length-wise at the topend of the Atlas bar on the inside surface of the Atlas bar (Fig 1, Fig 2, atlas bar 74, shown straight vertically, top end at member 68, bottom end at adjustment member 88/90; Fig 8, inner surface facing the user and outer surface opposing the inner surface; Fig 8, atlas pad 68/84/66, inside end closest to the user’s neck, outside end closest of bar 74; pad having a diameter capable of being perpendicular to the bar 74 main axis, pad is removable and angularly adjustable via pin 84; a diameter is an example of a length- Merriam-Webster: the length of a straight line through the center of an object or space); …and an Atlas sheath having a top end, a bottom end, an inside surface, an outside surface, anda sacrum pad placed at the bottom end of the Atlas sheath on the inside surface of the Atlas sheath (Fig 3, Fig 4, sheath 76 shown to have a top end where bar 74 is inserted, a bottom end at pin 80, sacrum pad 14); wherein the Atlas sheath is straight and is adapted to adjustably receive and hold the Atlas bar in place and wherein the sacrum pad is adapted to be placed on the spine of the in alignment with the center of the sacrum of the user (col 4 ln 45-55, Fig 2, bar length adjustment and pad angle adjustment would allow for alignment with the spine and allow for the three points of contact, shown in a similar position in Fig 2); wherein whenever a properly adjusted spinal alignment measuring device is placed or affixed along the center line of the user's spine, the inside end of the Atlas pad will be in physical contact with the center of the Atlas vertebra of the user, the inside surface of the Atlassheath will be in physical contact with the center of the thoracic region of the user's spine, andthe sacrum pad will be in physical contact with the center of the sacrum of the user (col 4 ln 45-55, Fig 2);
Ely is silent on wherein the inside end of the Atlas pad is adapted to be placed in physical contact with the center of the Atlas vertebra of the user when the spinal alignment measuring device is in useby the user and whereby the length of the Atlas pad is indicative as a measurement of the misalignment of the user's spine and is selected to be equal to the distance between the center ofthe Atlas of the Atlas vertebra of the user and the inside surface of the Atlas bar where the Atlas pad is placed; …wherein these three physical contact points on the spine of the user may be used to measure the degree of the user's spinal misalignment and create proprioceptive awareness in theuser that provides the user with an awareness of proper posture alignment of the user's spine; wherein whenever the spine of the user is altered such that the Atlas pad is no longer in physical contact with the center of the Atlas vertebra, the user will receive instantaneous feedback from the properly adjusted spinal alignment measuring device that he is no longer maintaining proper spinal alignment thus allowing the user to adjust his posture to reacquireproper spinal alignment and to reactivate the user's proprioceptive awareness; and wherein whenever the spinal alignment of the user improves after use of the spinal alignment measuring device by the user, the Atlas pad in place may be removed and replacedwith a new Atlas pad of proper length.
Claims 2-15 would be allowed due to their dependency on an allowed claim if rewritten to overcome the 112 rejections and claim objections above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached at (571)270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM BAKER/Primary Examiner, Art Unit 3786