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 .
Response to Amendment
The amendment filed 1/20/2026 has been received and made of record. Claims 1-15 are currently pending and are being examined.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
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 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 1-15 are rejected under 35 U.S.C. 103 as being unpatentable over Pressman et al (US 2004/0236259 A1) in view of Sheehan (US 2019/0269558 A1).
Regarding claim 1, Pressman discloses an ankle foot orthosis ("AFO"), comprising: an upright portion comprising a lateral side and a medial side (26a, 28a; Figure 1) and configured to attach to a user's calf (Figure 1);a footbed (14a) comprising a lateral side and a medial side (20a, 22a) and configured to attach to the user's foot (Figure 1); a first strap (44a) extending from the medial and lateral sides of the footbed and configured to attach the user's foot to the footbed ([0041]; Figure 1); a second strap (50a) extending from the medial and lateral sides of the upright portion and configured to attach the user's leg and calf to the upright portion such that the user's ankle is substantially immobilized by the first strap and the second strap (Figure 1; [0041]-[0042]). Pressman does not disclose wherein the lateral side and the medial side of the footbed are symmetrical, whereby the AFO is configured to be worn on the user's right or left foot and a non-slip coating disposed on the footbed, whereby the AFO provides traction when worn without a shoe. Sheehan teaches an ankle foot orthosis wherein the lateral side and the medial side of the footbed are symmetrical, whereby the AFO is configured to be worn on the user's right or left foot ([0064]) and a non-slip coating disposed on the footbed, whereby the AFO provides traction when worn without a shoe ([0081]). It would have been obvious to one of ordinary skill in the art at the time of filing to provide the device of Pressman being symmetrical and having a non-slip coating as taught by Sheehan so the device can be worn on either foot and to prevent falling.
Regarding claim 2, Pressman discloses wherein the AFO is configured for insertion into a shoe (Figure 3; Abstract).
Regarding claim 3, Pressman discloses wherein the AFO is configured for use without a shoe (Figure 1; intended use).
Regarding claim 4, Pressman discloses wherein the AFO comprises a first cutout in a heel area of the AFO (24a) and a second cutout in the footbed of the AFO (58B; Figures 1-2).
Regarding claim 5, Pressman discloses wherein padding is inserted in the first and/or second cutout (56; Figure 1-2).
Regarding claim 6, Pressman discloses a sidewall on the lateral and medial sides of the footbed 920a, 22a).
Regarding claim 7, Pressman discloses wherein an exterior surface of the AFO is configured to attach to an interior surface of a walking boot such that the AFO is located at least partially inside of the walking boot (intended use; Figures 1-3; Abstract; [0005]).
Regarding claim 8, Pressman discloses wherein the AFO comprises one or more of a rail, a track, a rail and a protrusion, a flush mount bracket, a snap fit connection, a hook and loop connection, hooks, latches, reversible adhesive, cables, locking and unlocking mechanisms, a magnet, a hinge connection, a cantilevered connection, a strap and/or a continuous strap that is configured to attach to the interior surface of the walking boot (58b that mates with tongue 66b is capable of attaching to a walking boot Figure 2; see also shelf and slot 82, 76 that makes with tongue 66 Figure 4; additionally straps are capable of attaching to interior of walking boot [0042]).
Regarding claim 9, Pressman discloses wherein the AFO is configured to reversibly attach to a toe area of the walking boot (intended use; Figures 1-5).
Regarding claim 10, Pressman discloses wherein the AFO is configured to reversibly attach to a heel area of the walking boot (intended use Figures 1-5).
Regarding claim 11, Pressman discloses wherein the walking boot is a protective shell or a custom shoe (intended use, Figure 3).
Regarding claim 12, Pressman discloses wherein the upright portion, a heel and the footbed are integrally formed (Figure 1).
Regarding claim 13, Pressman discloses wherein the upright portion comprises a medial side post and a lateral side post (26a, 28a; Figure 1).
Regarding claim 14, Pressman discloses the device is configured to attach a fabric liner (Figure 1; intended use).
Regarding claim 15, Pressman discloses wherein a bottom surface of the footbed is curved (Figures 1-5).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kari Rodriquez whose telephone number is 571-270-1909. The examiner can normally be reached Monday-Friday 6-3 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (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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/KARI K RODRIQUEZ/Primary Patent Examiner, Art Unit 3786
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