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
Applicant’s amendments of claims 1-2, 5-6, 10, 14, and 17-20 are acknowledged by the Examiner.
Applicant’s amendment of claim 18 has overcome the previous drawing objections. Therefore, the previous drawing objections are withdrawn.
Applicant’s amendment of claims 1, 5, 6, 14, 17, and 19-20 have overcome the previous claim objections. Therefore, the previous claim objections are withdrawn.
Claims 1-20 are currently pending in the application.
Response to Arguments
Applicant's arguments filed 10/07/2025 with respect to claim 1 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Wickstrom (US 2010/0160842 A1) does not disclose the newly amended limitations of claims 1 and 17, Examiner respectfully disagrees.
In regards to Applicant’s arguments that Wickstrom fails to disclose the limitations of “a sleeve portion of the adapter arranged as a tube, the sleeve portion configured to be wrapped around a portion of an upper arm of a user; and a slide attachment portion of the adapter, continuous with the sleeve portion, and disposed at a shoulder of the user, ...wherein the sleeve portion and the slide attachment portion comprise a single discrete and continuous component”. Examiner respectfully disagrees.
Examiner first notes that the limitation “wherein the sleeve portion and the slide attachment portion comprise a single discrete and continuous component” is unclear in view of the definitions of “discrete” and “continuous” provided by the Merriam-Webster dictionary:
Discrete: “consisting of distinct or unconnected elements : noncontinuous” (see http://merriam-webster.com/dictionary/discrete)
Continuous: “marked by uninterrupted extension in space, time, or sequence” (see https://www.merriam-webster.com/dictionary/continuous).
Thus, for two structures to be “discrete” (i.e. noncontinuous) they cannot also be “continuous” and vice versa, based on the definitions of the terms. Therefore, the limitation will be rejected under 35 U.S.C. 112(b) for the contradictory limitations.
Examiner also notes that paragraph [0057] does not disclose either term of “discrete” or “continuous”, instead disclosing “the slide attachment 114 is integral to the sleeve portion 112…the support sleeve 106 comprises a single component (that may be comprised of multiple layers)”, Paragraph [0057] does not disclose how the integral nature of the two components is achieved (i.e. through stitching, gluing, or being formed from a single piece of material). Thus, the limitation is subject to the broadest reasonable interpretation.
Lastly, the Examiner notes that under the BRI of the limitation “a slide attachment portion of the adapter continuous with the sleeve portion”, the limitation only requires a continuous connection between the two structures. It can be seen in figure 7 of Wickstrom that 50a and 52a are continuously attached to one another. Additionally under the BRI of the limitation “wherein the sleeve portion and the slide attachment portion comprise a single discrete and continuous component”, given that the limitation is a comprising statement, the limitation does not recite the two structures together form a single discrete and continuous component, the claim only requires that the sleeve portion and the slide attachment separately are a single discrete and continuous component, which as can be seen in figures 8-10 of Wickstrom, 50a and 52a separately, are each a single discrete and continuous component.
In regards to Applicant’s arguments of claim 17, the arguments are similar to those of claim 1. Therefore, Examiner respectfully disagrees with Applicant’s arguments of claim 17 for the reasons above.
Thus, the rejections of claims 1-4, and 17-20 under 35 U.S.C. 102(a)(1) as being anticipated by Wickstrom will be maintained and updated in view of Applicant’s amendments below.
Applicant’s arguments with respect to the rejection(s) of claim(s) 5 under 35 U.S.C. 102(a)(1) as being anticipated by Wickstrom have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Wickstrom under 35 U.S.C. 103. Applicant’s arguments with respect to the limitations and Wickstrom in view of claim 5 will be addressed below.
In regards to Applicant’s arguments that Wickstrom does not disclose the limitations of “wherein the slide attachment is split into two separate branches at a distal end of the slide attachment”, Examiner agrees. However, Examiner notes that Applicant’s disclosure also does not disclose or suggest this limitation. First, Applicant relies on “paragraph figs. 9a and 9b” to provide support for this limitation. Figures are not paragraphs. Nonetheless, looking to Figures 9a and 9b and the description of figures 9a and 9b found in paragraph [0052] of the specification, Examiner notes multiple issues with the limitation.
First, there is not a reference numeral to identify a distal end of the slide attachment anywhere in the specification. The only reference to “distal” in the specification is found in [0051] stating “The distal end of the slide attachment 114 can be removably attached to the sleeve portion 112”. Thus, it is unclear as to if the visible or covered end of the slide attachment is “the distal end”.
Second, the description of figures 9a and 9b found in paragraph [0052] makes no mention whatsoever to “wherein the slide attachment is split into two separate branches at a distal end of the slide attachment”, alternatively stating the use of multiple or additional slide attachments. Thus, one of ordinary skill in the art would interpret the covered end of the slide attachment seen in figures 9a and 9b as being two ends of two slide attachments, not split branches as claimed.
Thus, there is no support for the claimed limitation in Applicant’s disclosure. Thus, the drawings, and specification will be objected to, and claim 5 will be rejected under 35 U.S.C. 112(a) for new matter situations accordingly. Claim 5 will also be rejected under 35 U.S.C. 112(b) for a lack of clarity as to what is being claimed in view of the specification paragraph [0052] and drawings, and will be interpreted in view of [0052] interpreting the two branches as first and second slide attachments. Therefore, claim 5 will be rejected under 35 U.S.C. 103 over Wickstrom similar to the previous rejection of claim 6.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the slide attachment being split into two separate branches at a distal end of the slide attachment as recited in claim 5 must be shown or the feature(s) canceled from the claim(s).
Applicant relies on figures 9a and 9b to depict the claimed feature (see remarks [pg 10]). However, the description of figures 9a and 9b in [0052] state “the support sleeve 106 can include multiple or additional slide attachments 114”. Thus, the two 114’s seen in figure 9a and 9b are not separate branches of the slide attachment as claimed.
The drawings do not provide a reference numeral for “a distal end of the slide attachment” as recited in claim 5. The reference numeral should be included or the feature(s) canceled from the claim(s).
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The specification does not provide antecedent support for the claimed limitations of:
“Wherein the sleeve portion and the slide attachment portion comprise a single discrete and continuous component” as recited in claims 1, 10, and 17. Applicant relies on [0057] to provide support the claimed feature. However, as discussed above, [0057] does not disclose either term of “discrete” or “continuous”, instead disclosing “the slide attachment 114 is integral to the sleeve portion 112…the support sleeve 106 comprises a single component (that may be comprised of multiple layers)”. Thus, there is no antecedent support for the limitation in the specification.
“The slide attachment being split into two separate branches at a distal end of the slide attachment” as recited in claim 5. Applicant relies on figures 9a and 9b to depict the claimed feature (see remarks [pg 10]). However, as discussed above, the description of figures 9a and 9b in the specification paragraph [0052] states “the support sleeve 106 can include multiple or additional slide attachments 114”, not two separate branches of the distal end of the slide attachment. Thus, there is no antecedent support for the limitation in the specification.
The specification does not provide a reference numeral for “a distal end of the slide attachment”.
Appropriate correction is required.
Claim Objections
Claims ---1-4 are objected to because of the following informalities:
Claim 1 recites the limitation “an adapter apparatus” in line 1. Each subsequent recitation in claim 1 recites “the adapter”. While not unclear, these subsequent recitations should be amended to recite “the adapter apparatus” to maintain consistency in the claims.
Claims 2-4 each recite “the apparatus of claim”. While not unclear, these subsequent recitations should be amended to recite “the adapter apparatus” to maintain consistency in the claims.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
One or more adjustment components configured to adjust a length of the slide attachment in claim 2. After consultation of Applicant’s specification, the structures considered to correspond to the nonce term “adjustment component” are: a hook and loop fastener, a buckle, a d-ring, a pair of cinch rings, a snap device, a clip device, a hook device, a clasp device as described in [0050] or any equivalents thereof.
Fasteners or couplers to couple the wings in claim 4. After consultation of Applicant’s specification, the structures considered to correspond to the nonce term “fastener or coupler” are: snaps, clips, hooks, hook and loop as described in [0042] or any equivalents thereof.
Fastener component arranged to fix the slide attachment to a portion of the shoulder strap in claim 16. After consultation of Applicant’s specification, the structures considered to correspond to the nonce term “fastener component” are hook and loop, snap(s), button(s), hook(s) as described in [0048] or any equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 5-16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 5 recites the limitation “wherein the slide attachment is split into two separate branches at a distal end of the slide attachment”. Applicant relies on figures 9a and 9b to depict the claimed feature (see remarks [pg 10]). However, the description of figures 9a and 9b in the specification paragraph [0052] state “the support sleeve 106 can include multiple or additional slide attachments 114”, not two separate branches of the distal end of the slide attachment. Thus, no two separate branches of the distal ends of the slide attachment are disclosed in the specification, or seen in the figures. Therefore, this limitation is considered new matter.
Claims 6-16 are rejected under 35 U.S.C. 112(a) as being dependent on a rejected claim.
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 1-20 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 1, 10, and 17 each recites the limitation “wherein the sleeve portion and the slide attachment portion comprise a single discrete and continuous component”. This limitation is held to be unclear in view of the Merriam-Webster Dictionary contradictory definitions of the terms “discrete” and “continuous” being: Discrete: “consisting of distinct or unconnected elements : noncontinuous” and Continuous: “marked by uninterrupted extension in space, time, or sequence”. Therefore, it is unclear as to how the sleeve portion and the slide attachment portion can be a single discrete (noncontinuous) and continuous component. For the purpose of examination, Examiner will interpret this limitation as “wherein the sleeve portion and the slide attachment portion are discrete structures which when attached form a continuous component”.
Claim 5 recites the limitation “wherein the slide attachment is split into two separate branches at a distal end of the slide attachment”. This limitation, due to the lack of description in the specification, and not being shown in the figures is considered unclear. In view of the figures, it is unclear as to which end of structure 114 is considered “the distal end”. In view of the specification it is unclear as to how the distal end is being split to form two branches (i.e. splitting multiple layers apart into upper and lower branches to form a “duck bill” hook and loop clamping mechanism, or a split into left and right branches to form a “Y” shape, or any other form of splitting an end) as there is no description whatsoever in the specification with regards to “wherein the slide attachment is split into two separate branches at a distal end of the slide attachment”. For the purpose of examination, given that Applicant has relied upon figures 9a and 9b as the support for the claimed limitations, Examiner will interpret this limitation in view of the description of figures 9a and 9b found in paragraph [0052] of Applicant’s specification as “wherein the slide attachment comprises additional slide attachments”.
Claim 6 which recites additional slide attachment portions will be interpreted as “wherein the slide attachment and additional slide attachments comprise a first slide attachment and further comprising a second slide attachment” in view of claim 5.
Claims 2-4, 6-9, 11-16, and 18-20 are rejected under 35 U.S.C. 112(b) as being dependent on a rejected claim.
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(s) 1-4, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wickstrom (US 2010/0160842 A1).
In regards to claim 1, Wickstrom discloses an adapter apparatus (50a; see [0044]; see figure 7), comprising:
a sleeve portion (52a; see [0044]; see figure 7) of the adapter (50a) arranged as a tube (see figure 7 that 52a forms a tube), the sleeve portion (52a) configured to be wrapped around a portion of an upper arm of a user (see figure 7); and
a slide attachment portion (54a; see [0044]; see figure 7) of the adapter (50a), continuous with the sleeve portion (52a; see figure 7 that when 54a and 52a are connected and in use, 54a and 52a are continuous), and disposed at a shoulder of the user (see figure 7), the slide attachment portion (54a) arranged to be slidably coupled to a shoulder strap (16; see [0032]; see figure 7) of an arm sling (12; see [0032]; see figure 7; see [0051] in reference to the wrapping of 54a about 16 which facilitates sliding of 54a along 16) or an accessory bag such that the slide attachment portion (54a) is configured to apply tension to the shoulder strap (16) in a predetermined direction, which pulls the shoulder strap (16) away from a neck of the user (see [0051]),
wherein the sleeve portion (52a) and the slide portion (54a) comprise a single discrete and continuous component (see 112b interpretation above; see figure 7 that 52a and 54a are discrete structures, which when attached, form a continuous component 50a).
In regards to claim 2, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses further comprising one or more adjustment components (76a and 78a; see [0048]; see figure 7) configured to adjust a length of the slide attachment portion (54a; 76a and 78a being a hook and loop fastening mechanism facilitates attachment and reattachment of 76a to 78a and thus adjusts a length of 54a as 54a is looped around 16).
In regards to claim 3, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the sleeve portion (52a) includes one or more wings (end portions of 52a which comprise 58a and 60a respectively; see figure 8) configured to be wrapped around the upper arm of the user (see figure 7 that 52a (and therefore the end portions of 52a) is wrapped around the upper arm).
In regards to claim 4, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the wings (end portions of 52a) include one or more fasteners (58a and 60a; see [0045]; see figure 8) or couplers arranged to couple the wings (end portions of 52a) to each other or to a surface of the sleeve portion (52a; see [0036] in reference to 58 and 60 attaching to one another to facilitate the placement of 60 onto 62; thus 52a functions similarly as suggested in [0045]).
In regards to claim 17, Wickstrom discloses an arm sling assembly (12, 16, 18, and 20; see [0032]; see figure 1), comprising:
a pocket portion (12) adapted to cradle a first arm of a user (see figure 1);
a shoulder strap (16) coupled at first and second ends of the shoulder strap (16) to the pocket portion (12; 16 coupled to 12 via 18 and 20), and adapted to be positioned over a shoulder of the user to support a weight of the first arm of the user (see [0032-0033] and figure 1); and
a support sleeve (50a; see [0044]; see figure 7) moveably coupled to the shoulder strap (16; see [0051] and figure 7 that 54a is movably coupled to 16) and adapted to pull the shoulder strap away from a neck of the user (see [0051]), the support sleeve (50a) comprising:
a sleeve portion (52a; see [0044]; see figure 7) adapted to be wrapped around a portion of a second arm of the user (see figure 7); and
a slide attachment portion (54a; see [0044]; see figure 7) continuous the sleeve portion (52a; see figure 7 that 54a and 52a when attached are continuous), the slide attachment portion (54a) arranged to be slidably coupled to the shoulder strap (16; see [0051] that the engagement between 54a and 16 is caused by 54a looping about 16 with no other attachments; therefore, 54a has a freedom to slide with respect to 16) such that the slide attachment portion (54a) has freedom to slide with respect to the shoulder strap (16; see [0051] as discussed above) and applies tension to the shoulder strap (16) in a predetermined direction (see [0051])
wherein the sleeve portion (52a) and the slide portion (54a) comprise a single discrete and continuous component (see 112b interpretation above; see figure 7 that 52a and 54a are discrete structures, which when attached, form a continuous component 50a).
In regards to claim 18, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses further comprising one or more adjustment components (76a and 78a; see [0048]; see figure 7) coupled to the slide attachment portion (54a) and arranged to change a length of the slide attachment portion (54a; 76a and 78a being a hook and loop fastening mechanism facilitates attachment and reattachment of 76a to 78a and thus adjusts a length of 54a as 54a is looped around 16).
In regards to claim 19, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment portion (54a) comprises an extension of the sleeve portion (52a; see figure 7 that 54a extends from 52a and thus is an extension of 52a), adapted to be disposed at the shoulder of the user (see figure 7), and looped over or around the shoulder strap (16; see [0051]).
In regards to claim 20, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment portion (54a) is slidably coupled to the shoulder strap (16) via a hook device (76a; see [0048] in reference to 76a being a hook material or device for fastening to the loop material 78a which facilitates 54a looping about and thereby slidably coupling 54a to 16), the hook device (76a) being permanently or removably coupled to the slide attachment portion (54a; see [0048] in reference to 76a being attached to 54a via stitching which is considered a permanent attachment).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 5-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wickstrom.
In regards to claim 5, Wickstrom discloses an apparatus (50a; see [0044]; see figure 7), comprising:
a sleeve portion (52a; see [0044]; see figure 7) configured to be wrapped around a portion of a user’s arm (see figure 7); and
a slide attachment (54a; see [0044]; see figure 7) integral to or coupled to the sleeve portion (52a; see figure 7 that 54a is coupled to 52a; Merriam-Webster dictionary defines integral as: formed as a unit with another part (See https://www.merriam-webster.com/dictionary/integral); therefore, 52a and 54a together form the unit or apparatus 50a and 52a is considered integral to 54a for forming 50a), the slide attachment (54a) arranged to be slidably coupled to a shoulder strap (16; see [0032]; see figure 7) of an arm sling (12; see [0032]; see figure 7; see [0051] in reference to the wrapping of 54a about 16 which facilitates sliding of 54a along 16) or an accessory bag such that the slide attachment (54a) applies tension to the shoulder strap (16) in a predetermined direction (see [0051]).
Wickstrom does not disclose wherein the slide attachment comprises additional slide attachments (see 112b interpretation above).
However, Wickstrom teaches wherein the slide attachment (54a) comprises additional slide attachments (additional anchor straps; see [0043]) for the purpose of providing additional anchor straps that constrain the shoulder strap laterally outwardly from the patient’s neck (see [0043]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus as disclosed by Wickstrom and to have included an additional slide attachment in addition to the first slide attachment as taught by [0043] of Wickstrom in order to have provided an improved apparatus that would add the benefit of providing additional anchor straps that constrain the shoulder strap laterally outwardly from the patient’s neck (see [0043]). Furthermore, such a modification is held to be obvious since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (see MPEP 2144 VI B). In the instant case, providing additional slide attachments to apply tension to the shoulder strap expectedly results in additional anchor straps that provide additional mechanisms for constraining the shoulder strap laterally outwardly from the patient’s neck (see [0043]).
In regards to claim 6, Wickstrom discloses the invention as discussed above.
Wickstrom as now modified further discloses (see 112b interpretation of claim 6 in view of claim 5 above) wherein the slide attachment (54a) and additional slide attachments (additional anchor straps) comprise a first slide attachment (54a) and further comprising a second slide attachment (additional anchor strap) integral to or coupled to the sleeve portion (52a; see [0043]), the second slide attachment (additional anchor straps) arranged to be slidably coupled to the shoulder strap (16) of the arm sling (12; see [0051] in reference to the slidable engagement of the first slide attachment 54a) or the accessory bag such that the second slide attachment (additional anchor straps) applies tension to the shoulder strap (16) in a second predetermined direction (see [0043] that the anchoring components may be attached at different locations about the arm and therefore apply tension to 16 at a second predetermined direction)
In regards to claim 7, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the apparatus (50a) is comprised of multiple layers (see figure 7 that 52a and 54b are arranged in a layered fashion, thus 50a is comprised of multiple layers).
In regards to claim 8, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein an outer layer (61a; see [0045]) of the multiple layers (layers formed by 52a and 54b) comprises one of a hook or a loop fastener material (see [0045]).
In regards to claim 9, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the sleeve portion (52a) comprises a tube (see figure 7 that when 52a is secured about a user’s arm, 52a forms a tube).
In regards to claim 10, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) and the sleeve portion (52a) comprise a single discrete and continuous component (see 112b interpretation above; see figure 7 that 52a and 54a are discrete structures, which when attached, form a continuous component 50a).
In regards to claim 11, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) comprises a loop arranged to capture the shoulder strap (16; see [0051] in reference to 54a looping about 16 to pull and constrain 16).
In regards to claim 12, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) comprises a hooked component (76a; see [0048]; see figure 7).
In regards to claim 13, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) is removably coupled to the sleeve portion (52a; see [0050]).
In regards to claim 14, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) is adapted to pull the shoulder strap (16) away from the user’s neck (see [0051]).
In regards to claim 15, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) has freedom to slide with respect to the shoulder strap (16; see [0051] that the engagement between 54a and 16 is caused by 54a looping about 16 with no other attachments; therefore, 54a has a freedom to slide with respect to 16).
In regards to claim 16, Wickstrom discloses the invention as discussed above.
Wickstrom further discloses wherein the slide attachment (54a) includes at least one fastener component (76a and 78a; see [0048]; see figure 7) arranged to fix the slide attachment (54a) to a portion of the shoulder strap (16; 76a and 78a fasten together by looping 54a around 16 and fix 54a to a portion of 16; see [0051]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kemp (US 2017/0049604 A1)
Abel (US 2017/0156914 A1)
Verter (US 4,446,858 A)
Scott (US 4,896,660 A)
All of which disclose a similar apparatus to the claimed invention for the purpose of applying tension to a shoulder strap in a predetermined direction, which pulls the shoulder strap away from a neck of the user.
THIS ACTION IS MADE FINAL. 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.
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/DANIEL A MILLER/Examiner, Art Unit 3786