DETAILED ACTION
This is the initial Office action for application 18/764,547 filed July 5, 2024, which claims foreign priority from PL445488 filed July 5, 2023. Claims 1-16, as originally filed, are currently pending.
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 . 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.
Priority
Acknowledgment is made of Applicant’s claim for foreign priority based on an application filed in Republic of Poland on July 5, 2023. It is noted, however, that Applicant has not filed a certified copy of the PL445488 application as required by 37 CFR 1.55.
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.
Claim 9 is 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 9 recites the limitation “the stop has a shape resembling a disc provided with a recess”; however, claim 1 previously recites the limitation “an oval stop provided with a recess” such that is in unclear if the recess recited in claim 9 is intended to refer to the same previously recited recesses or introduce another recess. For examination purposes, the recess recited in claim 9 has been interpreted as referring to the same recess previously recited in claim 1.
Claim 9 recites the limitation “the arm of the upper support module”; however, claim 1 previously recites that the upper support module includes two arms such that it is unclear if claim 9 is referring to both of the previously recited two arms or only one of the two arms. For examination purposes, the arm recited in claim 9 has been interpreted as referring to one of the two previously recited two arms.
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 1-3, 8, and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Boraas (US 2014/0039367) in view of Pansiera (US 4,681,097).
Regarding claim 1-3, Boraas discloses a knee joint orthosis (brace 100/101) for animals comprising an upper support module (femur component 102 + upper stabilization bars 106) and a lower support module (tibia component 104 + lower stabilization bars 108) connected by hinges (hinges 110), wherein the upper support module (102+106) constitutes an upper hoop (femur component 102) provided with two arms (upper stabilization bars 106) connected by the hinges (110) to the lower support module (104+108) which is provide with a lower hoop (tibia component 104) and each of the hinges (110) are provided with an oval stop (proximal end 126) provided with a recess (Figs. 1-2 & 2b; ¶ 0051-0053).
However, Boraas fails to teach that the lower support module includes a middle hoop and a replaceable token placed in front of the lower support module.
Pansiera discloses a knee joint orthosis (brace) comprising an upper support module (proximal joint couplings 18, 19 + proximal side rods 24, 25 + straps 44, 51) and a lower support module (distal joint couplings 20, 21 + distal side rods 26, 27 + straps 53, 64) connected by hinges (hinge means 14), wherein the lower support module is provided with a middle hoop (strap 53) and a lower hoop (strap 64) as well as a replaceable token (knee pad 50) placed in front of the lower support module, wherein the replaceable token (50) is detachably connected to the lower support module, and wherein the replaceable token (50) is placed in the central part of the middle hoop (53) (Figs. 1-8; column 2, lines 3-10; column 4, lines 10-32).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the lower support module of the knee joint orthosis taught by Boraas to include a middle hoop and a replaceable token detachably connected in front of the middle hoop of the lower support module as taught by Pansiera for the purpose of applying adjustable pressure to a lower knee.
Regarding claim 8, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the lower support module (104+108) has a shape of a flat connector with a cross-section resembling a letter C provided with the lower hoop on its lower end (Figs. 1-2 & 8-9) and Pansiera further discloses that the lower support module has a cross-section resembling a letter C with the middle hoop (Fig. 8) such that the orthosis taught by the combination of Boraas and Pansiera would also include a cross-section resembling the letter C provided with the middle hoop on the upper end of the lower support module.
Regarding claim 11, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the upper hoop (102) and/or the lower hoop (104) comprises a detachably connected fixed and moving part (Fig. 9; ¶ 0082 & 0085).
Regarding claim 12, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the upper hoop (102) and/or the lower hoop (104) are provided with adjustable buckles (Fig. 6; ¶ 0072-0074).
Regarding claim 13, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the upper hoop (102) is provided with tunnels (guides 166) and a fixing string (lace 142) (Fig. 6; ¶ 0104).
Regarding claim 14, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the upper hoop (102) and/or the lower hoop (104) are provided with inserts (closure body 156) (Fig. 8; ¶ 0081).
Regarding claim 15, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the lower hoop (104) is custom molded to fit the animal limb (¶ 0059-0060) and the orthosis (100) is suitable to treat an Achilles injury (¶ 0020).
Therefore, it would have been obvious to one having ordinary skill in the art, to construct the lower hoop of the orthosis taught by the combination of Boraas and Pansiera with an insert provided with a recess whose shape corresponds to the outline of the Achilles tendon for the purpose of treating an Achilles injury with a custom formed lower hoop.
Regarding claim 16, the combination of Boraas and Pansiera discloses the invention substantially as claimed, as described above, and Boraas further discloses that the lower support module (104+108) is connected to a talocrural joint module (hock component 103) (Fig. 2b; ¶ 0052).
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Boraas in view of Pansiera as applied to claim 1 above, and in further view of Dussault et al. (US 2022/0071750).
The combination of Boraas and Pansiera discloses the invention substantially as claimed, but fails to teach that the replaceable token has a shape resembling a prism, wherein the prism is a rectangular cuboid, and the replaceable token is made of a flexible material, wherein the flexible material is polyurethane.
Dussault discloses an orthosis (leg brace 200) for an animal comprising a replaceable token (leg-abutting pad 610) resembling a prism, wherein the prism is a rectangular cuboid, and the replaceable token is made of a flexible material, wherein the flexible material is polyurethane (Fig. 5; ¶ 0078 & 0106).
Therefore, it would have been obvious to one having ordinary skill in the art, to modify the orthosis taught by the combination of Boraas and Pansiera such that the replaceable token includes a replaceable token resembling a rectangular cuboidal prism and is made of flexible polyurethane and taught by Dussault for the purpose of improving the adaptability of the orthosis to best treat the animal depending of the needs of the particular animal and the injury being treated.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Boraas in view of Pansiera as applied to claim 1 above, and in further view of Farley (US 4,726,361).
The combination of Boraas and Pansiera discloses the invention substantially as claimed, and Boraas further teaches that the stop (126) has a shape resembling a disc (Fig. 1).
However, the combination of Boraas and Pansiera fails to expressly teach that a length of the recess corresponds to at least a width of an arm of the two arms of the upper support module, wherein the stop is provided on one surface thereof with an edge with a shape resembling a horseshoe on which there are protrusions.
Farley discloses a knee joint orthosis (apparatus) for an animal comprising an upper support module (section 4 + attachment band 14) and a lower support module (section 6 + attachment band 16) connected by hinges (pivotal connector 10) provided with an oval stop (base plate 46) and a recess (slot 52), wherein the stop (46) has a shape resembling a disc, wherein a length of the recess (52) corresponds to at least a width of an arm (4) of the upper support module (4+14), wherein the stop (46) is provided on one surface thereof with an edge with a shape resembling a horseshoe on which there are protrusions (movable stops 56) (Fig. 3; column 4, lines 15-22 & 30-44).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the hinges of the orthosis taught by the combination of Boraas and Pansiera such that a length of the recess corresponds to at least a width of an arm of the upper support module and the stop is provided on one surface thereof with an edge with a shape resembling a horseshoe on which there are protrusions as taught by Farley for the purpose of effectively limiting angular movement of the hinges and providing support for the knee joint.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
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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/KERI J NELSON/Primary Examiner, Art Unit 3786 9/5/2025