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 Claims 11-24 (Group II) in the reply filed on October 27, 2025, is acknowledged.
Claims 1-10 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Objections
Claim 18 is objected to because of the following informalities:
Claim 18 line 6 is suggested to recite “apart from each other and thereby widens [[the]] a gap between the hips of the subject.”
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 13 and 15 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.
Claims 13 and 15 both contain the trademark/trade name Velcro. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a hook and loop fastener and, accordingly, the identification/description is indefinite.
Claim Rejections - 35 USC § 102
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 11, 14, and 20-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 3,068,862 (“Fuzere”).
With respect to claim 11, Fuzere discloses A method of applying a stabilizer to a subject (Fig 1, col 1 ll 5-10, applied to an infant), wherein the stabilizer comprises:
a first shoulder strap (Fig 1, Fig 3, first shoulder strap 28),
a second shoulder strap (Fig 1, Fig 3, second shoulder strap 30),
a first hip strap (Fig 1, Fig 3, first hip strap 36),
a second hip strap (Fig 1, Fig 3, second hip strap 38), and
a connecting area (Fig 1, Fig 3, connection area 6); and wherein the method comprises:
placing the first shoulder strap and the second shoulder strap of the stabilizer on different shoulders of the subject (Fig 1, Fig 3, shoulder straps over the shoulders);
placing the first hip strap and the second hip strap on different upper thighs of the subject (Fig 1, Fig 3, hip straps on thighs);
connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap, respectively (Fig 1, hip straps connected to shoulder straps through the front panel 8, “connecting” interpreted to include either an indirect or direct connection); and
connecting the first shoulder strap, the second shoulder strap, the first hip strap and the second hip strap to the connecting area on the back of the subject (Fig 1, straps connected to connecting area 6).
With respect to claim 14, Fuzere discloses The method of claim 11, wherein connecting the first shoulder strap, the second shoulder strap, the first hip strap, and the second hip strap to the connecting area on the back of the subject occurs to achieve a desired angle of abduction (Fig 1, col 2 ll 55-60, strap connections ensure the patient remains in the system and therefore achieves and holds the desired angle of abduction).
With respect to claim 20, Fuzere discloses The method of claim 11, wherein the method is used to treat or prevent a condition in a subject (col 1 ll 5-20, device used to discern and treat hip dysplasia).
With respect to claim 21, Fuzere discloses The method of claim 20, wherein the condition is selected from the group consisting of developmental dysplasia of the hip (DDH), hip flexion, hip abduction, femur fractures, hip fractures, hip dislocations, osteoarthritis, congenital dysplasia, or combinations thereof (col 1 ll 5-20, device used to discern and treat hip dysplasia).
With respect to claim 22, Fuzere discloses The method of claim 21, wherein the condition is developmental dysplasia of the hip (DDH) (col 1 ll 5-20, device used to discern and treat congenital hip dysplasia, also known as DDH).
With respect to claim 23, Fuzere discloses The method of claim 21, wherein the subject is a pediatric subject (col 1 ll 5-10, infants are within the pediatric age range).
With respect to claim 24, Fuzere discloses The method of claim 21, wherein the subject is less than 12 months old (col 1 ll 5-10, infants are 0-12 years old).
Claims 11 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,758,481 (“Drennan”).
With respect to claim 11, Drennan discloses A method of applying a stabilizer to a subject (Fig 1, applied), wherein the stabilizer comprises:
a first shoulder strap (Fig 1, first shoulder strap 54),
a second shoulder strap (Fig 1, second shoulder strap 54),
a first hip strap (Fig 1, first hip strap 14),
a second hip strap (Fig 1, second hip strap 14), and
a connecting area (Fig 1, connection area 12); and wherein the method comprises:
placing the first shoulder strap and the second shoulder strap of the stabilizer on different shoulders of the subject (Fig 1, shoulder straps over the shoulders);
placing the first hip strap and the second hip strap on different upper thighs of the subject (Fig 1, hip straps on thighs);
connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap, respectively (Fig 1, connection shown through members 16); and
connecting the first shoulder strap, the second shoulder strap, the first hip strap and the second hip strap to the connecting area on the back of the subject (Fig 1, shoulder straps connected at 56 and hip straps connected via 26).
With respect to claim 17, Drennan discloses The method of claim 11, wherein the stabilizer further comprises a first vertical strap connected to the first hip strap, and a second vertical strap connected to the second hip strap (Fig 1, vertical straps 16 as previously identified being the connector of the hip and shoulder members), and wherein the method further comprises: pulling the first vertical strap and the second vertical strap, wherein the pulling brings the first hip strap and the second hip strap closer to the chest of the subject and thereby brings the hips of the subject closer to the chest of the subject (Fig 1, member 16 are elastic so in pulling and applying the members 16 created a force that pulls the hip straps towards the chest).
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.
Claims 12, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fuzere in view of US 2018/0153725 (“Palmer”).
With respect to claim 12, Fuzere discloses The method of claim 11.
Fuzere discloses a substantially 90 degree flexion (col 2 ll 55-65), but is silent on the exact language of wherein connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap results in pulling of the legs into flexion at an angle of 90 degrees.
Palmer teaches an analogous hip flexion system wherein connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap results in pulling of the legs into flexion at an angle of 90 degrees ([0022], 90 degrees flexion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the flexion angle of Fuzere to have the angle as taught by Palmer in order to properly treat hip dysplasia (Palmer [0022]).
With respect to claim 13, Fuzere discloses The method of claim 11.
Fuzere is silent on wherein connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap occurs by adjusting one or more Velcro-based connections.
Palmer teaches an analogous set of upper and lower straps (Fig 1, upper waist straps analogous to shoulder straps, and thigh straps analogous to hip straps) wherein connecting the first hip strap and the second hip strap to the first shoulder strap and the second shoulder strap occurs by adjusting one or more Velcro-based connections (Fig 2, [0023], [0027], each of the straps are a set of straps which connect via hook and loop fasteners, so in connecting the straps of the strap set together the user connects the other part of the strap set via hook and loop to the remainder of the device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connections of the straps of Fuzere to be hook and loops as taught by Palmer in order to allow for easy adjustments of the straps (Palmer [0023], [0027]).
With respect to claim 15, Fuzere discloses The method of claim 11.
Fuzere is silent on wherein connecting the first shoulder strap, the second shoulder strap, the first hip strap, and the second hip strap to the connecting area on the back of the subject occurs by adjusting one or more Velcro-based connections.
Palmer teaches an analogous set of upper and lower straps (Fig 1, upper waist straps analogous to shoulder straps, and thigh straps analogous to hip straps) wherein connecting the first shoulder strap, the second shoulder strap, the first hip strap, and the second hip strap to the connecting area on the back of the subject occurs by adjusting one or more Velcro-based connections (Fig 2, [0023], [0027], each of the straps are a set of straps which connect via hook and loop fasteners, so in connecting the straps of the strap set together the user connects the other part of the strap set via hook and loop to the remainder of the device).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connections of the straps of Fuzere to be hook and loops as taught by Palmer in order to allow for easy adjustments of the straps (Palmer [0023], [0027]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Fuzere in view of US 5,814,001 (“Schwenn et al”).
With respect to claim 16, Fuzere discloses The method of claim 11.
Fuzere is silent on further comprising a step of placing a protective cover on the connecting area to prevent tampering with the strap connections.
Schwenn et al teaches an analogous hip orthosis with a connection area (Fig 4) further comprising a step of placing a protective cover on the connecting area to prevent tampering with the strap connections (Fig 4, cover 34 protects against tampering with connection of belts 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the connection area of Fuzere with the addition of the cover as taught by Schwenn et al in order to improve comfort (Schwenn et al col 3 ll 00-15).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Drennan in view of US 2019/0008714 (‘Murakami et al”).
With respect to claim 18, Drennan discloses The method of claim 11.
While Drennan discloses the ability to create abduction forces (col 6 ll 00-10), Drennan is silent on wherein the stabilizer further comprises a first horizontal strap connected to the first hip strap, and a second horizontal strap connected to the second hip strap, and wherein the method further comprises: pulling the first horizontal strap and the second horizontal strap, wherein the pulling pulls the first hip strap and the second hip strap horizontally apart from each other and thereby widens the gap between the hips of the subject.
Murakami et al teaches an analogous hip orthosis (Fig 3) wherein the stabilizer further comprises a first horizontal strap connected to the first hip strap (Fig 3, horizontal force and at least partly extending strap 110a3 connected to hip strap 112a), and a second horizontal strap connected to the second hip strap (Fig 3, horizontal force and at least partly extending strap 110a6 connected to hip strap 112b), and wherein the method further comprises: pulling the first horizontal strap and the second horizontal strap, wherein the pulling pulls the first hip strap and the second hip strap horizontally apart from each other and thereby widens the gap between the hips of the subject (Fig 16A and Fig 16B, pulling of straps 110a3 and 110a6 pull the hip straps apart to widen hip gap).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Drennan so that the abduction straps of Drennan were placed according to the straps of Murakami et al in order to ensure proper abduction of the legs (Murakami [0005], [0076]).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Fuzere in view of US 4,574,790 (“Wellershaus”).
With respect to claim 19, Fuzere discloses The method of claim 11.
Fuzere is silent on wherein the stabilizer further comprises a first leg strap and a second leg strap, and wherein the method further comprises: placing the first leg strap and the second leg strap on different legs of the subject; and connecting the first leg strap and the second leg strap to the first hip strap and the second hip strap, respectively.
Wellershaus teaches an analogous hip orthosis with hip straps (Fig 1, straps 2) and further comprises a first leg strap and a second leg strap (Fig 2, leg straps 6), and wherein the method further comprises: placing the first leg strap and the second leg strap on different legs of the subject (col 3 ll 20-30, legs in leg straps); and connecting the first leg strap and the second leg strap to the first hip strap and the second hip strap, respectively (Fig 1, straps connected through join 14/3/5).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Fuzere with the addition of the leg straps as taught by Wellershaus in order to better retain and secure the user (Wellershaus col 1 ll 10-15).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rosemblum US 3,424,134- harness
Richmond US 3,114,368- abduction splint
Taylor US 6,190,342- harness
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