DETAILED ACTION
This is the initial Office action for non-provisional application 18/795,471 filed August 6, 2024, which is a continuation of non-provisional application 17/976,024 filed October 28, 2022 (now US Patent 12,059,365), which is a continuation of non-provisional application 16/806,194 filed March 2, 2020 (now US Patent 11,491,039), which is a continuation of non-provisional application 15/194,260 filed June 27, 2016 (now US Patent 10,610,397), which claims priority from provisional application 13/973,676 filed August 22, 2013 (now US Patent 9,375,340), which claims priority from provisional applications 61/701 ,475 filed September 14, 2012 and 61/692,614 filed August 23, 2012. Claims 21 and 22, as presented in preliminary amendments filed December 4, 2024, are currently pending.
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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 21 and 22 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.
Claim 21 recites the limitation “one of the plurality of inflatable cells” in line 13; however, there is insufficient antecedent basis for “the plurality of inflatable cells” in the claim. It is suggested that this limitation be amended to “one of the first, second, and third inflatable cells” as previously recited in the claim.
Claim 22 is included in the rejection under 35 U.S.C. 112(b) for depending from rejected claim 21.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, and 14 of US Patent 12,059,365 (reference patent ‘365), in view of Nunes et al (US 5,833,639), and in further view of Lakic (US 5,846,063).
Regarding claim 21, the limitations therein are substantially recited in claims 1 and 12 of reference patent ‘365.
Although claim 1 of referent patent ‘365 recites that a support portion is configured to house the control and the on-board inflation component, reference patent ‘365 does not expressly recite that the upright support portion is configured to house the control and the on-board inflation component
Nunes discloses an orthopedic brace (walker) comprising a shell component (first shell 10 + second shell 13) including a footbed portion (horizontal section 11) configured to support a foot of a user and an upright support portion (vertical section 12 + shin piece 14) configured to support an upper calf of the user and configured to house a control (valve 25) and an on-board inflation component (pump 24) (Figs. 1 & 6; column 4, lines 29-34).
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 orthopedic brace recited in claim 1 of reference patent ‘365 such that the control and the on-board inflation component are housed in the upright support portion as taught by Nunes for the purpose of positioning the control and on-board inflation component in a convenient location for the user. Further, it has been held that rearranging parts of an invention that would not have modified the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Although claim 12 of reference patent ‘365 recites that the control is positionable in an orientation in which no fluid path is created between the on-board component and any of the plurality of inflatable cells, the claims of reference patent ‘365 as modified by Nunes fail to expressly recite that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells.
Lakic discloses an orthopedic brace (sport shoe 376) comprising at least a first inflatable cell (chamber 241), a second inflatable cell (chamber 243), and a third inflatable cell (chamber 249), each of the first, second, and third inflatable cells (241, 243, 249) positioned at a different location and configured to provide individualized compression to a portion of a foot of a user disposed adjacent to the respective different locations, a control (selector valve 380) comprising an inlet port (tube 70) and a plurality of outlet ports (tubings 293, 295, 297, 299, 320), each outlet port (293, 295, 297, 299, 320) in fluid communication with a respective one of the first, second, and third inflatable cells (241, 243, 249), and an on-board inflation component (air pump 79) in fluid communication with the inlet port (70) of the control (380), wherein positioning the control (380) in a first orientation blocks a first fluid path between the on-board inflation component (79) and the first inflatable cell (241) and the second fluid path between the on-board inflation component (79) and the second inflatable cell (243) thereby disallowing a change in pressure of each of the first and second inflatable cells (241, 243) (chambers not aligned with port 400 of valve 380 are sealed such that the first orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243), and positioning the control (380) in a second orientation blocks the first fluid path between the on-board inflation component (79) and the first inflatable cell (241), the second fluid path between the on-board inflation component (79) and the second inflatable cell (243), and a third fluid path between the on-board inflation component (79) and the third inflatable cell (249) thereby disallowing a change in pressure of each of the first, second, and third inflatable cells (241, 243, 249) (chambers not aligned with port 400 of valve 380 are sealed such that the second orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243, 249) (Figs. 90-95; column 26, lines 59-67; column 30, lines 3-8 & 25-67; column 31, lines 1-4).
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 orthopedic brace recited in claims 1 and 12 of reference patent ‘365 as modified by Nunes such that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells as taught by Lakic for the purpose of supplying individualized pressure to at least three different areas of the user covered by the orthopedic brace independently from each other and selectively sealing the inflatable cells to prevent unwanted changes in the desired pressure.
Regarding claim 22, the limitations therein are substantially recited in claim 14 of reference patent ‘365.
Claims 21 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 19 and 20 of US Patent 11,491,039 (reference patent ‘039), in view of Nunes et al (US 5,833,639), and in further view of Lakic (US 5,846,063).
Regarding claim 21, the limitations therein are substantially recited in claims 19 and 20 of reference patent ‘039.
Although claim 19 of referent patent ‘039 recites that a support portion is configured to house the control and the on-board inflation component, reference patent ‘039 does not expressly recite that the upright support portion is configured to house the control and the on-board inflation component
Nunes discloses an orthopedic brace (walker) comprising a shell component (first shell 10 + second shell 13) including a footbed portion (horizontal section 11) configured to support a foot of a user and an upright support portion (vertical section 12 + shin piece 14) configured to support an upper calf of the user and configured to house a control (valve 25) and an on-board inflation component (pump 24) (Figs. 1 & 6; column 4, lines 29-34).
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 orthopedic brace recited in claim 19 of reference patent ‘039 such that the control and the on-board inflation component are housed in the upright support portion as taught by Nunes for the purpose of positioning the control and on-board inflation component in a convenient location for the user. Further, it has been held that rearranging parts of an invention that would not have modified the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Although claim 20 of reference patent ‘039 recites that the control is positioned such that each of the plurality of outlet ports is blocked, the claims of reference patent ‘039 as modified by Nunes fail to expressly recite that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells.
Lakic discloses an orthopedic brace (sport shoe 376) comprising at least a first inflatable cell (chamber 241), a second inflatable cell (chamber 243), and a third inflatable cell (chamber 249), each of the first, second, and third inflatable cells (241, 243, 249) positioned at a different location and configured to provide individualized compression to a portion of a foot of a user disposed adjacent to the respective different locations, a control (selector valve 380) comprising an inlet port (tube 70) and a plurality of outlet ports (tubings 293, 295, 297, 299, 320), each outlet port (293, 295, 297, 299, 320) in fluid communication with a respective one of the first, second, and third inflatable cells (241, 243, 249), and an on-board inflation component (air pump 79) in fluid communication with the inlet port (70) of the control (380), wherein positioning the control (380) in a first orientation blocks a first fluid path between the on-board inflation component (79) and the first inflatable cell (241) and the second fluid path between the on-board inflation component (79) and the second inflatable cell (243) thereby disallowing a change in pressure of each of the first and second inflatable cells (241, 243) (chambers not aligned with port 400 of valve 380 are sealed such that the first orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243), and positioning the control (380) in a second orientation blocks the first fluid path between the on-board inflation component (79) and the first inflatable cell (241), the second fluid path between the on-board inflation component (79) and the second inflatable cell (243), and a third fluid path between the on-board inflation component (79) and the third inflatable cell (249) thereby disallowing a change in pressure of each of the first, second, and third inflatable cells (241, 243, 249) (chambers not aligned with port 400 of valve 380 are sealed such that the second orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243, 249) (Figs. 90-95; column 26, lines 59-67; column 30, lines 3-8 & 25-67; column 31, lines 1-4).
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 orthopedic brace recited in claims 19 and 20 of reference patent ‘039 as modified by Nunes such that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells as taught by Lakic for the purpose of supplying individualized pressure to at least three different areas of the user covered by the orthopedic brace independently from each other and selectively sealing the inflatable cells to prevent unwanted changes in the desired pressure.
Regarding claim 22, the limitations therein are substantially recited in claim 19 of reference patent ‘039.
Claims 21 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 12, and 14 of US Patent 10,610,397 (reference patent ‘397), in view of Nunes et al (US 5,833,639), and in further view of Lakic (US 5,846,063).
Regarding claim 21, the limitations therein are substantially recited in claims 1 and 12 of reference patent ‘397.
Although claim 1 of referent patent ‘397 recites that a support portion is configured to house the control and the on-board inflation component, reference patent ‘397 does not expressly recite that the upright support portion is configured to house the control and the on-board inflation component
Nunes discloses an orthopedic brace (walker) comprising a shell component (first shell 10 + second shell 13) including a footbed portion (horizontal section 11) configured to support a foot of a user and an upright support portion (vertical section 12 + shin piece 14) configured to support an upper calf of the user and configured to house a control (valve 25) and an on-board inflation component (pump 24) (Figs. 1 & 6; column 4, lines 29-34).
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 orthopedic brace recited in claim 19 of reference patent ‘397 such that the control and the on-board inflation component are housed in the upright support portion as taught by Nunes for the purpose of positioning the control and on-board inflation component in a convenient location for the user. Further, it has been held that rearranging parts of an invention that would not have modified the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Although claim 12 of reference patent ‘397 recites that the control is positioned such that no fluid path is created between the inflation component and the inflatable cells, the claims of reference patent ‘397 as modified by Nunes fail to expressly recite that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells.
Lakic discloses an orthopedic brace (sport shoe 376) comprising at least a first inflatable cell (chamber 241), a second inflatable cell (chamber 243), and a third inflatable cell (chamber 249), each of the first, second, and third inflatable cells (241, 243, 249) positioned at a different location and configured to provide individualized compression to a portion of a foot of a user disposed adjacent to the respective different locations, a control (selector valve 380) comprising an inlet port (tube 70) and a plurality of outlet ports (tubings 293, 295, 297, 299, 320), each outlet port (293, 295, 297, 299, 320) in fluid communication with a respective one of the first, second, and third inflatable cells (241, 243, 249), and an on-board inflation component (air pump 79) in fluid communication with the inlet port (70) of the control (380), wherein positioning the control (380) in a first orientation blocks a first fluid path between the on-board inflation component (79) and the first inflatable cell (241) and the second fluid path between the on-board inflation component (79) and the second inflatable cell (243) thereby disallowing a change in pressure of each of the first and second inflatable cells (241, 243) (chambers not aligned with port 400 of valve 380 are sealed such that the first orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243), and positioning the control (380) in a second orientation blocks the first fluid path between the on-board inflation component (79) and the first inflatable cell (241), the second fluid path between the on-board inflation component (79) and the second inflatable cell (243), and a third fluid path between the on-board inflation component (79) and the third inflatable cell (249) thereby disallowing a change in pressure of each of the first, second, and third inflatable cells (241, 243, 249) (chambers not aligned with port 400 of valve 380 are sealed such that the second orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243, 249) (Figs. 90-95; column 26, lines 59-67; column 30, lines 3-8 & 25-67; column 31, lines 1-4).
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 orthopedic brace recited in claims 1 and 12 of reference patent ‘397 as modified by Nunes such that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells as taught by Lakic for the purpose of supplying individualized pressure to at least three different areas of the user covered by the orthopedic brace independently from each other and selectively sealing the inflatable cells to prevent unwanted changes in the desired pressure.
Regarding claim 22, the limitations therein are substantially recited in claim 14 of reference patent ‘397.
Claim 21 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of US Patent 10,555,828 (reference patent ‘828), in view of Nunes et al (US 5,833,639), and in further view of Lakic (US 5,846,063).
The limitations therein are substantially recited in claims 1 and 13 of reference patent ‘828.
Although claim 1 of referent patent ‘828 recites that an orthopedic walking brace, reference patent ‘397 does not recite that the orthopedic walking brace includes a footbed portion and an upright support portion configured to house the control and the on-board inflation component.
Nunes discloses an orthopedic walking brace (walker) comprising a shell component (first shell 10 + second shell 13) including a footbed portion (horizontal section 11) configured to support a foot of a user and an upright support portion (vertical section 12 + shin piece 14) configured to support an upper calf of the user and configured to house a control (valve 25) and an on-board inflation component (pump 24) (Figs. 1 & 6; column 4, lines 29-34).
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 orthopedic walking brace recited in claim 1 of reference patent ‘828 to include a footbed portion and an upright support portion configured to house the control and the on-board inflation component as taught by Nunes for the purpose of adequately supporting a user’s leg and foot for walking as well as positioning the control and on-board inflation component in a convenient location for the user. Further, it has been held that rearranging parts of an invention that would not have modified the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Although claim 13 of reference patent ‘828 recites that the control is positionable such that no fluid path is created between the on-board inflation component and the inflatable cells, the claims of reference patent ‘828 as modified by Nunes fail to expressly recite that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells.
Lakic discloses an orthopedic brace (sport shoe 376) comprising at least a first inflatable cell (chamber 241), a second inflatable cell (chamber 243), and a third inflatable cell (chamber 249), each of the first, second, and third inflatable cells (241, 243, 249) positioned at a different location and configured to provide individualized compression to a portion of a foot of a user disposed adjacent to the respective different locations, a control (selector valve 380) comprising an inlet port (tube 70) and a plurality of outlet ports (tubings 293, 295, 297, 299, 320), each outlet port (293, 295, 297, 299, 320) in fluid communication with a respective one of the first, second, and third inflatable cells (241, 243, 249), and an on-board inflation component (air pump 79) in fluid communication with the inlet port (70) of the control (380), wherein positioning the control (380) in a first orientation blocks a first fluid path between the on-board inflation component (79) and the first inflatable cell (241) and the second fluid path between the on-board inflation component (79) and the second inflatable cell (243) thereby disallowing a change in pressure of each of the first and second inflatable cells (241, 243) (chambers not aligned with port 400 of valve 380 are sealed such that the first orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243), and positioning the control (380) in a second orientation blocks the first fluid path between the on-board inflation component (79) and the first inflatable cell (241), the second fluid path between the on-board inflation component (79) and the second inflatable cell (243), and a third fluid path between the on-board inflation component (79) and the third inflatable cell (249) thereby disallowing a change in pressure of each of the first, second, and third inflatable cells (241, 243, 249) (chambers not aligned with port 400 of valve 380 are sealed such that the second orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243, 249) (Figs. 90-95; column 26, lines 59-67; column 30, lines 3-8 & 25-67; column 31, lines 1-4).
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 orthopedic brace recited in claims 1 and 13 of reference patent ‘828 as modified by Nunes such that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells as taught by Lakic for the purpose of supplying individualized pressure to at least three different areas of the user covered by the orthopedic brace independently from each other and selectively sealing the inflatable cells to prevent unwanted changes in the desired pressure.
Claims 21 and 22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10, and 12 of US Patent 9,375,340 (reference patent ‘340), in view of Nunes et al (US 5,833,639), and in further view of Lakic (US 5,846,063).
Regarding claim 21, the limitations therein are substantially recited in claims 1 and 10 of reference patent ‘340.
The claims of referent patent ‘340 fails to recite that the orthopedic brace includes a footbed portion and an upright support portion configured to house the control and the on-board inflation component.
Nunes discloses an orthopedic brace (walker) comprising a shell component (first shell 10 + second shell 13) including a footbed portion (horizontal section 11) configured to support a foot of a user and an upright support portion (vertical section 12 + shin piece 14) configured to support an upper calf of the user and configured to house a control (valve 25) and an on-board inflation component (pump 24) (Figs. 1 & 6; column 4, lines 29-34).
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 orthopedic brace recited in claim 1 of reference patent ‘340 to include a footbed portion and an upright support portion configured to house the control and the on-board inflation component as taught by Nunes for the purpose of providing an orthopedic walking brace that is able adequately supporting a user’s leg and foot for walking as well as positioning the control and on-board inflation component in a convenient location for the user. Further, it has been held that rearranging parts of an invention that would not have modified the operation of the device involves only routine skill in the art. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950).
Although claim 10 of reference patent ‘340 recites that the control is positionable such that no fluid path is created between the inflation component and the inflatable cells, the claims of reference patent ‘340 as modified by Nunes fail to expressly recite that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells.
Lakic discloses an orthopedic brace (sport shoe 376) comprising at least a first inflatable cell (chamber 241), a second inflatable cell (chamber 243), and a third inflatable cell (chamber 249), each of the first, second, and third inflatable cells (241, 243, 249) positioned at a different location and configured to provide individualized compression to a portion of a foot of a user disposed adjacent to the respective different locations, a control (selector valve 380) comprising an inlet port (tube 70) and a plurality of outlet ports (tubings 293, 295, 297, 299, 320), each outlet port (293, 295, 297, 299, 320) in fluid communication with a respective one of the first, second, and third inflatable cells (241, 243, 249), and an on-board inflation component (air pump 79) in fluid communication with the inlet port (70) of the control (380), wherein positioning the control (380) in a first orientation blocks a first fluid path between the on-board inflation component (79) and the first inflatable cell (241) and the second fluid path between the on-board inflation component (79) and the second inflatable cell (243) thereby disallowing a change in pressure of each of the first and second inflatable cells (241, 243) (chambers not aligned with port 400 of valve 380 are sealed such that the first orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243), and positioning the control (380) in a second orientation blocks the first fluid path between the on-board inflation component (79) and the first inflatable cell (241), the second fluid path between the on-board inflation component (79) and the second inflatable cell (243), and a third fluid path between the on-board inflation component (79) and the third inflatable cell (249) thereby disallowing a change in pressure of each of the first, second, and third inflatable cells (241, 243, 249) (chambers not aligned with port 400 of valve 380 are sealed such that the second orientation may be any orientation when port 400 is not aligned with the outlet ports in fluid communication with chambers 241, 243, 249) (Figs. 90-95; column 26, lines 59-67; column 30, lines 3-8 & 25-67; column 31, lines 1-4).
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 orthopedic brace recited in claims 1 and 10 of reference patent ‘340 as modified by Nunes such that the plurality of inflatable cells includes at least a first inflatable cell, a second inflatable cell, and a third inflatable cell and positioning the control in a first or a second orientation will block fluid paths between the on-board inflation component and the first, second, and/or third inflatable cells thereby disallowing a change in pressurization of each of the first, second, and/or third inflatable cells as taught by Lakic for the purpose of supplying individualized pressure to at least three different areas of the user covered by the orthopedic brace independently from each other and selectively sealing the inflatable cells to prevent unwanted changes in the desired pressure.
Regarding claim 22, the limitations therein are substantially recited in claim 12 of reference patent ‘340.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KERI J NELSON/Primary Examiner, Art Unit 3786
9/12/2025