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 .
Status of Claims
This present office action is responsive to the Application filed on June 19, 2024. As directed, claim 1 is presently pending in this application.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites, “the angle” in ln 5 which Examiner suggest amending to read --an angle-- to avoid possible antecedent basis.
Claim 1 recites, “a tensile force” in ln 5 which Examiner suggest amending to read --the tensile force-- as it is introduced in ln 3.
Claim 1 recites, “the spine” in ln 8 which Examiner suggest amending to read --a spine-- to avoid possible antecedent basis.
Claim 1 recites, “a tensile force” in ln 12 which Examiner suggest amending to read --the tensile force--
Claim 1 recites, “elongation of the spine” in ln 13 which Examiner suggest amending to read --an elongation of the spine--
Claim 1 recites, “and angle of application” in ln 13-14 which Examiner suggest amending to read --and the angle of application--
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ren (US 20140364910 A1).
Regarding claim 1, Ren discloses, a system for applying a pre-calculated profile during spinal therapy (¶0004, “the system operates as a controlled-feedback loop whereby a planned tension profile can be applied to the patient and the actual applied forces can be verified by the computer”), said system, comprising:
a control system (a microprocessor, control system, or computing device 190, Fig 1) for implementing a spinal treatment profile (¶0057, “to select the proper treatment parameters for the therapy. The operator may then select a tension treatment program… execute the selected treatment profile”);
a first actuator (an actuator 170, Fig 1, ¶0044, “by applying cycles of tensile forces from the actuator 170 on the spine”; ¶0048, “The interface device 120 is configured to deliver and align tensile forces generated by the actuator 170 through the harness 118 along the spine 108 of the patient 110”) for producing a tensile force based on the implementation of a pre-calculated spinal treatment profile by said control system (¶0057, “the computing device 190 adjusts the tensile output to follow the cycles of tensile forces defined in the treatment program entered by the user”);
a secondary actuator (a vertical actuator 148, Fig 1; ¶0074, “by the vertical actuator 148 to accommodate the various designated treatment angles… the vertical position of the patient interface device 120 at the interface positioning device and the horizontal position of the center-top 310 of the lordotic support 112 via the horizontal actuator 114 are known to the system and are used to calculate treatment angle”) for modulating the angle of application of a tensile force based on the implementation of said pre-calculated spinal treatment profile by said control system (¶0017, “By first utilizing angles described by spinal decompression device manufacturers as treating specific interdiscal locations and by then applying tension at that angle, the healthcare provider is able to initiate therapy in the general location of the interdiscal space(s) to be treated”; Figs 2-3, the treatment angles associated with the spine as described in ¶00057-0074, implies that the angles are modulated based on the treatment program/profile along with tensile force by the actuator 170);
a patient interface device (a patient interface device 120) configured to communicate the tensile force from said first actuator to the spine of a patient (¶0044,” The actuator 170 is connected to a patient 110 via a patient interface device 120. By way of example, the actuator 170 may be operated through a system of gears or pulleys such that the tensile forces applied to the patient 110 by the patient interface device 120 are carefully controlled”);
a first feedback system (a tensile force feedback system 160, Fig 1; ¶0052, “a tensile force feedback system 160 which engages the interface device 120 between the actuator 170 and the lower-body harness 118… configured for electronically providing feedback to the electronic communication hub 155”) configured to provide metrics resulting from the application of the tensile force to the spine, to said control system (¶0053, “The electronic communications hub 155 is designed to collect and relay various system 10 metrics to the computing device 190”); and
a secondary feedback system (¶0074, “the system 10 utilizes passive or absolute encoder, potentiometer, optical distance sensor, or other distance metering feedback to determine vertical position of the patient interface device 120…are known to the system and are used to calculate treatment angle”) configured to provide metrics resulting from the modulation of the angle of application of a tensile force to the spine, to said control system (¶0053, “The electronic communications hub 155 is designed to collect and relay various system 10 metrics to the computing device 190”),
such that said control system calculates elongation of the spine of the patient as a result of the tensile force and angle of application of the tensile force applied to the spine (¶0031-0032, “indicates the region of the spine where resultant tension is concentrated based on empirical calculation… calculates region of the spine where resultant tension is concentrated based on ideal spine models arrived at through clinically cited spinal morphology studies) and
monitors the elongation relative to an intended elongation program of said pre-calculated treatment profile (a treatment screen 900 providing intended tension profile, the treatment angle vs time, the measured tension, and the tension correction as described in ¶0117-0123 as shown in Fig 9).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Becerra (US 20080188780 A1) is cited for a control system which applies a preselected tension to the cable at a preselected angle to the patient (¶0016).
Johnson (US 20060287627 A1) is cited for the main components of claim 1 except a feedback system of angle and an angle actuator (abstract)
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAEICK JANG whose telephone number is (703)756-4569. The examiner can normally be reached M-F 8:30 - 4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra D Carter can be reached at (571) 272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.J./Examiner, Art Unit 3785
/PAIGE KATHLEEN BUGG/Primary Examiner, Art Unit 3785
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