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 .
Election/Restrictions
Applicant’s election without traverse of Species B in the reply filed on 1/23/2026 is acknowledged. It is noted that while applicant elected “without traverse”, the applicant challenges that there are two resilient members having different biasing forces are shown in Figures 31-41. However, Figures 13-17 are a flat strip that extend between the first and second detachable mounting portions whereas the resilient members in Figures 31-41 are a plurality of rods that attach to superior segment 66. Applicant indicates claims 4-6 include the additional limitation of two resilient members and withdraw claims 3 and 8-18. It is noted that claims 4-6 depend from claim 3. Therefore, claims 8-18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/23/2026.
Claims 1-18 are currently pending, of which claims 1-7 are being examined.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Prahl (US 4,203,433).
Regarding claim 1, Prahl discloses a dynamic joint alignment brace for aligning an animal's leg to a joint (Figures 1-2 and 6; Abstract) comprising: a detachable mounting portion (6 on left side, insofar as supporting dish 6 is detachably mounted to the user’s leg; Figures 1-2) sized to operably engage the animal's leg (Figures 1-2); a resilient member (3, 5 on left side; Col. 3, lines 34-36) operably secured to the detachable mounting portion and biased to a neutral position (Figure 3; Col. 3, lines 43-49); and, the resilient member deflected from its neutral position when the detachable mounting portion is operably secured to the animal's leg such that the resilient member applies a biasing force (pressure in upward direction 7; Col. 3, lines 39-42) that urges the animal's leg into a desired alignment position relative to the animal's joint (Figures 1-2; Col. 3, line 54 to Col. 4, line 7).
Regarding claim 2, Prahl discloses wherein the desired alignment position is abduction (Figures 1-2; Abstract; Col. 3, line 54 to Col. 4, line 7).
Regarding claim 3, Prahl discloses a second detachable mounting portion (6 at opposite right end deteachably mounted to the user’s leg; Figures 1-2 and 6), the first detachable mounting portion operably secured to an animal's first leg, and the second detachable mounting portion operably secured to the animal's second leg (Figures 1-2); and, the resilient member extending between the first detachable mounting portion and the second detachable mounting portion (3, 5 is between the two supporting dishes 6).
Regarding claim 4, Prahl discloses a second resilient member (3, 5 on right side, Figure 6) biased to a second neutral position extending between the first detachable mounting portion (Figure 6) and the second detachable mounting portion such that the second resilient member is deflected from the second neutral position thereby applying a second biasing force to the animal (Figures 1-2; Col. 3, line 54 to Col. 4, line 7).
Regarding claim 5, Prahl discloses wherein the biasing force of the first resilient member is different from the second biasing force of the second resilient member (biasing force of left member 3, 5 is diagonally upward toward the left which is different than the right member 3, 5 which provides a biasing force diagonally upward toward the right; Figures 1, 2).
Regarding claim 6, Prahl discloses wherein the desired alignment position is a combination of abduction and external rotation about the animal's joint (Figures 1-2; Col. 3, line 54 to Col. 4, line 7).
Regarding claim 7, the device of Prahl is capable of use on a canine and the animal’s joint is a hip joint (Figures 1-2 due to its material/flexing properties which make it capable to be applied to a canine, col. 3, lines 50-62, col. 4, lines 1-8).
Conclusion
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/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786