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 .
Information Disclosure Statemen.
1. The information disclosure statement (IDS) submitted on 08/09/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 01/21/2026 has been entered. Currently, claims 1 and 4-11 remain pending in the application. Independent claim 1 was amended by Applicant without the addition of new matter. Additionally, claims 2-3 have been cancelled, but the subject matter has been introduced into claims 1, ultimately changing the scope of claim 1. Additionally, claims 1, 6-8, and 10-11 have been amended to overcome previous claim objections, 35 USC 112(B) and 35 USC 101 rejections set forth in the Non-Final Office Action mailed 10/31/2025. Furthermore, a remainng drawing objection is still pending and new claim objections are recited below.
Response to Arguments
3. Applicant's arguments, see Remarks, Pages 6-7, filed 01/21/2026 have been fully considered but they are not persuasive. Applicant’s amendment to claim 1 of inserting the subject matter of cancelled claim 2-3, has overcome the previous 35 USC 103 rejection for claim 1. However, amended claim 1 is now rejected under 35 USC 103 based on the previous 35 USC 103 rejection for the original claims 2-3. The rejection written below maintains the prior art of record: Jiang (CN214342831U) ; Guo (CN213666024U); Yumikino (US20050276657A1); Lai (WO2024026730A1); Reinhardt (US20050187506A1)
4. Applicant makes the argument that “Yumikino relates to a different technical field from present application, and has not disclosed or suggested the added feature "the foot side support member is provided with a guide hole, and the limit guide member slidably penetrates into the guide hole; a connecting shaft, wherein the connecting shaft penetrates into the threaded sleeve and the stud; the stud is capable of sliding relative to the connecting shaft; two ends of the connecting shaft are each provided with a limiting part; and each of the limiting parts is configured to limit the threaded sleeve and the stud from leaving from the connecting shaft" of claim 1. Yumikino disclose: a simple and compact joint coupling for a prosthetic brace can maintain an integrally fixed state, adapt for a movable region training and a movable state, and has a small dividing of a bending angle. The rotor having a recessed groove formed is rotatably intruded into a first coupling base, and protruding pieces and provided on the circumferential surface of a second coupling base are fitted to the recessed groove. In addition, the surface of the second coupling base is covered with an operation cover for operating an operation pin. A first coupling base and the second coupling base are pivoted so as to be rotated by a central shaft and a stopper screw for preventing the fall off of the central shaft. The circumference of the recessed groove for arraying and charging the spheres is bisected by convex parts and. Spheres are arrayed and charged in the recessed groove of one bisected half, and a freely expansible and contractible spring is attached to the recessed groove of the other half” (Remarks, Page 6, Paragraph 5 and Page 7, Paragraph 1).
In response to Applicant’s argument, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986); see MPEP2145 (IV). In this case, Yumikino is only applied to teach a limit guide and stud both on the same surface of a plate of the joint, not any of the structure of the spheres or springs. Overall, Jiang already discloses the hallux having a stud, limit guide member, and push plate. Then Guo is applied to teach a location of the stud on the push plate. Lastly, Yumikino is applied to teach a teach a limit guide and stud both on the same surface of a plate of the joint for the advantage of having the main central stud as well an additional limiting guide member near the perimeter of the plate having the reinforcing rib for being received in a corresponding guide hole with recess cut for reinforcing rib thereby forming a desirably stable limiting joint connection (Yumikino, Paragraphs 89-96). Furthermore, Yumikino is both in the analogous field of endeavor of braces worn over body joints as well as solves a specific problem faced by the Applicant’s of a limit guide and stud both on the same surface of a plate of the joint; see MPEP 2141.01(a)(I).
5. Overall, Examiner notes that Applicant may overcome the prior art of record by reciting positive limitations such as – the limit guide member 33 only on one side of the stud-- or –the limit guide member 33 and corresponding cuts 101 forming a cross shape-- as shown in Figures 7-8 to teach away from Yumikino; a negative limitations such as –not—or –without-- of the different features of the screw cap and knob to distinguish from Jiang ; and/or transitional phrases such as –consisting/consisting essentially of— in the preamble/body of the claim to prevent possible combinations.
Drawings
6. 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 “plurality of foot side support members” in claim 11 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. For examination purposes, Specification, Paragraph 29 and Figure 6 provide a plurality of hallux side support members but not foot side support members. For examination purposes, rephrase “wherein there are a plurality of types of foot side support members, with different fitting angles, and a corresponding foot side support member is selectively inserted into the periphery of the shaft sleeve seat according to a deviation degree of the hallux” in claim 11 to read --wherein there are a plurality of types of hallux side support members, with different fitting angles, and a corresponding hallux side support member is selectively inserted into the periphery of the shaft sleeve seat according to a deviation degree of the hallux--.
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.
Claim Objections
Claims 4-5 are objected to because of the following informalities:
Claim 4 depends on claim 3, but because claim 3 has been cancelled, claim 4 is objected as incomplete, see MPEP 7.36.01(V). For examination purposes, claim 4 is made to depend from claim 1.
Claim 5 depends on claim 2, but because claim 3 has been cancelled, claim 5 is objected as incomplete, see MPEP 7.36.01(V). For examination purposes, claim 5 is made to depend from claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
8. 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.
9. Claims 1, 4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-214342831-U) In view of Guo (CN 213666024 U) and in further view of Yumikino (U.S. Patent Pub. No. 20050276657).
Regarding claim 1, Jiang discloses a hallux corrector ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: hallux/bunion corrector with foot side frame 1 comprising inner frame 12 having a shaft sleeve seat 13 with axis hole 122 and an outer frame 11 having a rotary drum with axis hole 112. Also, there is a hallux side member frame 3 that is pivotally connected via 3,13,1 to foot side frame 1 at peripheral exterior surface of shaft sleeve seat 13. Also, a push member 61,52,5,4 comprising an externally threaded stud 52 of 6, limiting ring of 6, screw knob 61, and push plate 4 having an internally threaded sleeve 5 with external reinforcing rib 53 that slidably penetrates into corresponding guide hole 123 of inner frame 12 of foot side frame 1), comprising: a foot side support member 1, capable of being worn on a sole (Figure 1: foot side frame 1 worn/abutting on medial side of foot, which is construed as a sole in as much as that of Applicant’s medial side of the foot, see claim interpretation above) and also capable of abutting against one side of the sole; a hallux support member 3, capable of being worn on a hallux and also capable of abutting against an outer side surface of the hallux, wherein the hallux support member 3 is rotatably connected 3,13,1 to one end of the foot side support member 1; a push member 61,6,52,5,4, wherein the push member 61,6,52,5,4 comprises a push plate 4, a stud 52, a limit guide member 53 ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: reinforcing protrusion rib 53; this is the structure as defined by the 35 USC 112f analysis above), and a knob 61; and the knob 61 is rotatably mounted at a rotary joint 3,13,1 between the foot side support member 1 and the hallux support member 3; a threaded sleeve 5; the threaded sleeve 5; is screwed to the stud 52 the limit guide member 53 slidably penetrates into the foot side support member 1; the push plate 4 is configured to abut against a metatarsophalangeal joint of a foot side; a position of the threaded sleeve 5 is defined at one side of the foot side support member 3 through the rotary threaded sleeve 5; when the stud 52 moves axially relative to the threaded sleeve 5, a distance from the threaded sleeve 5, the foot side support member 1 and the hallux support member 3 as a whole to the push plate 4 changes; and the hallux support member 3, configured together with the hallux, changes in position relative to the push plate 4, so as to correct a position of the hallux; a connecting shaft (see annotated Figure 3 of Jiang below, connecting shaft through sleeve 5 and slidable through stud 52) , wherein the connecting shaft penetrates into the threaded sleeve 5 and the stud 52; the stud 52 is capable of sliding relative to the connecting shaft; two ends of the connecting shaft are each provided with a limiting part (see annotated Figure 3 of Jiang below); and each of the limiting parts is configured to limit the threaded sleeve 5 and the stud 52 from leaving from the connecting shaft.
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However, Jiang fails to explicitly disclose (1) the stud is arranged on the push plate; the knob comprises the threaded sleeve; the push plate and the threaded sleeve are respectively located at two sides of the foot side support member; (2) the limit guide member is arranged on the push plate; wherein the foot side support member is provided with a guide hole, and the limit guide member slidably penetrates into the guide hole.
Guo teaches an analogous hallux corrector 1,2,3 ([Page 4/15, Paragraphs 4-8 and Figure 1]: hallux corrector 1,2,3 with push member 303,4,401,402 comprising push plate 402 having the externally threaded stud 401. Also there is a knob 303 with the internally threaded sleeve 4)with an analogous push member 303,4,401,402 wherein the analogous stud 401 is arranged on the analogous push plate 402; the analogous knob 303 comprises the analogous threaded sleeve 4.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the location of the stud and threaded sleeve of Jiang, so that the stud is arranged on the push plate and the knob comprises the threaded sleeve, as taught by Guo, such that the push plate and the threaded sleeve are respectively located at two sides of the foot side support member in the combination of Jian in view of Guo, in order to provide an improved hallux corrector with an enhanced push member having the stud with the push plate and the knob with the threaded sleeve for desirable advancement of the push plate against the deformed hallux given by direct force through the adjacent externally threaded stud against the push plate (Guo, Page 4/15, Paragraphs 4-8).
However, the combination of Jiang in view of Guo fails to explicitly disclose (2) the limit guide member is arranged on the push plate; wherein the foot side support member is provided with a guide hole, and the limit guide member slidably penetrates into the guide hole.
Yumikino teaches wherein an analogous limit guide member 6A ([Paragraphs 89-96 and Figure 14]: limit guide member 6A near perimeter of plate) is arranged on a same analogous surface as the analogous stud 14 of the analogous plate (see annotated figure 14 of Yumikino below) wherein the analogous plate comprising a central externally-threaded analogous stud 14 and the limiting guide member 6A to be received in a corresponding guide hole of analogous side support member 1; the limiting guide member 6A comprising a reinforcing rib to be received in a peripheral cut of the guide hole.
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the limit guide member and corresponding guide hole of inner frame of foot side frame of Jiang in view of Guo, so that the limit guide member is arranged on the same surface of the plate as the stud, as taught by Yumikino, (thereby in the combination of Jiang in view of Guo in view of Yumikino the limit guide member is also arranged on the push plate) in order to provide an improved hallux corrector with an enhanced stud plate having the main central stud as well an additional limiting guide member near the perimeter of the plate having the reinforcing rib for being received in a corresponding guide hole with recess cut for reinforcing rib thereby forming a desirably stable limiting joint connection (Yumikino, Paragraphs 89-96).
Therefore, the combination of Jiang in view of Guo in view of Yumikino discloses the invention as described above and further discloses wherein the foot side support member 1 (Jiang [ Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]:external reinforcing rib 53 that slidably penetrates into corresponding guide hole 123 of inner frame 12 of foot side frame 1) is provided with a guide hole (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: modifying the limit guide hole 123 and limit guide rib 53 of Jiang such that the limit guide rib 53 is formed on a limit guide post near the perimeter of the push plate 4 to be received in a guide hole 123 of the foot side member 1 having a peripheral cut, as taught by the limit guide post 6A and rib of Yumikino received in guide hole and peripheral cut of Yumikino) and the limit guide member (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: limit guide post 6A of Yumikino located near the perimeter of the push plate 4 of Jiang) slidably penetrates into the guide hole (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: limit guide hole 123 of Jiang with peripheral cut of Yumikino formed near perimeter of foot side member plate 12 of Jiang for corresponding to limit guide post 6A of Yumikino having rib 53 of Jiang).
Regarding claim 4, the combination of Jiang in view of Guo in view of Yumikino discloses the invention as described above and further discloses wherein one end of the connecting shaft (see Annotated Figure 3 of the combination of Jiang in view of Guo below: connecting shaft providing fixed connection through threaded sleeve 5 and slidable connection through stud 52 with limiting parts) extends into the threaded sleeve 5 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo: modifying the location of the externally threaded stud 52 of Jiang to be switched with the internally threaded sleeve 5 of Jiang, as taught by Guo. Thereby, in the combination as a whole, the internally threaded sleeve 5 of Jiang has the limiting ring of 6 connected with the knob 61 of Jiang and the stud 52 of Jiang extends from the push plate 4 of Jiang) and is fixedly connected to one end of the threaded sleeve 5 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo); the push plate 4 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]) is provided with a sleeve hole (see Annotated Figure 3 of the combination of Jiang in view of Guo below, center axis sleeve hole) at a position corresponding to a center axis of the stud 52 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo); the sleeve hole runs through the push plate 4 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]); the sleeve hole extends along the center axis of the stud 52 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo); an end surface of the stud 52 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo) is provided with a through hole (see Annotated Figure 3 of the combination of Jiang in view of Guo below, center axis through hole); the through hole is in communication with the sleeve hole; the through hole has a smaller diameter (see Annotated Figure 3 of the combination of Jiang in view of Guo below) than the sleeve hole; and the through hole is used for prevent pass of the limiting parts (see Annotated Figure 3 of the combination of Jiang in view of Guo below).
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Regarding claim 11, the combination of Jiang in view of Guo in view of Yumikino discloses the invention as described above. Jiang further discloses wherein there are a plurality of types of hallux side support members 3 (Page 6/18, Paragraph 3, easy to change plurality of hallux frames 1 with different angles), with different fitting angles, and a corresponding hallux side support member 3 is selectively inserted into a periphery of the shaft sleeve seat 13 according to a deviation degree of the hallux.
10. Claims 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang (CN-214342831-U) in view of Guo (CN 213666024 U) in view of Yumikino (U.S. Patent Pub. No. 20050276657), as applied to claim 1, and in further view of Lai (WO-2024026730-A1).
Regarding claim 5, the combination of Jiang in view of Guo in view of Yumikino discloses the invention as described above and further discloses wherein the knob 61(Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4], screw cap knob 61) comprises a screw cap 61; one end of the threaded sleeve 5 (Modification of Figure 1 of Jiang in view of Figure 1 of Guo: modifying the location of the externally threaded stud 52 of Jiang to be switched with the internally threaded sleeve 5 of Jiang, as taught by Guo, such that the internally threaded sleeve 5 of Jiang has the limiting ring of 6 connected with the knob 61 of Jiang) is provided with a limiting ring (Jiang see annotated Figure 2-3 below, ring rim flange of 6 rotatably mounted at inner side of foot side member 11 such that the rotary drum of the foot side member 11 is clamped between the outer knob 61 and the inner limting ring of 6); the limiting ring is rotatably mounted at an inner side of the foot side support member 1 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]); the screw cap 61 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]) is rotatably mounted at an outer side of the foot side support member 1 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]); the screw cap 61 (Jiang, see annotated figure 2 below) is fixedly connected to the limiting ring through a fastener (Jiang, see annotated figure 2 below); and the fastener penetrates into (Jiang, see annotated figure 2 below) the foot side support member 1 (Jiang [Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]).
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However, the combination of Jiang in view of Guo in view of Yumikino fails to explicitly disclose the fastener is a screw to fixedly connect the screw cap to the limiting ring.
Lai teaches an analogous hallux corrector ([Page 4/24, Paragraph 4, and Figures 1-3]: hallux corrector with foot side frame 1 and hallux side frame 2 and push member 3 with screws connecting limiting ring cap 322 and knob 33) with an analogous knob screw cap 33 and analogous limiting ring 322 wherein the analogous fastener ([Page 4/24, Paragraph 4, lines 6-7]) is a screw to fixedly connect the analogous screw cap33 to the analogous limiting ring 322.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the fastener between the screw cap knob and limiting ring of Jiang in view of Guo in view of Yumikino, so that the fastener is a screw, as taught by Lai, in order to provide an improved hallux corrector with an enhanced knob-limiting ring coupling that applies a screw through the knob and limiting ring for tight and removable fastening therebetween, overall increasing stability of the push member and joint (Lai, Page Page 4/24, Paragraph 4).
Regarding claim 6, the combination of Jiang in view of Guo in view of Yumikino in view of Lai discloses the invention as described above. Jiang further discloses wherein the foot side support member 1 ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: hallux/bunion corrector with foot side frame 1 comprising inner arc-shaped frame 12 having a shaft sleeve seat 13 with axis hole 122 and an outer arc-shaped frame 11 having a rotary drum with axis hole 112. Also, there is a hallux side member frame 3 that is pivotally connected via 3,13,1 to foot side frame 1 at peripheral exterior surface of shaft sleeve seat 13. Also, a push member 61,52,5,4 comprising an externally threaded stud 52 of 6, limiting ring of 6, screw knob 61, and push plate 4 having an internally threaded sleeve 5 with external reinforcing rib 53 that slidably penetrates into corresponding guide hole 123 of inner frame 12 of foot side frame 1)comprises an inner side shell 12 and an outer side shell 11; the inner side shell 12 comprises an inner arc-shaped plate 12 and a shaft sleeve seat 13; the inner arc-shaped plate 12 is configured to fit with metatarsal bone at a sole side (Figure 1: foot side frame 1 worn/abutting on medial side of foot, which is construed as a sole in as much as that of Applicant’s medial side of the foot, see claim interpretation above); the shaft sleeve seat 13 is formed at one end of the inner arc-shaped plate 12; the hallux support member 3 is rotatably connected 3,13,1 to a peripheral surface of the shaft sleeve seat 13; the outer side shell 11 comprises an outer arc-shaped plate and a rotary drum; the rotary drum is formed at one end of the outer arc-shaped plate 11; the outer arc-shaped plate 11 is fixedly mounted on the inner arc-shaped plate 12; and the rotary drum sleeves the shaft sleeve seat 13 to axially limit the hallux support member 3.
Regarding claim 7, the combination of Jiang in view of Guo in view of Yumikino in view of Lai discloses the invention as described above. Jiang further discloses wherein the shaft sleeve seat 13 ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: hallux/bunion corrector with foot side frame 1 comprising inner frame 12 having a shaft sleeve seat 13 with axis hole 122 and an outer frame 11 having a rotary drum with axis hole 112. Also, there is a hallux side member frame 3 that is pivotally connected via 3,13,1 to foot side frame 1 at peripheral exterior surface of shaft sleeve seat 13. Also, a push member 61,52,5,4 comprising an externally threaded stud 52 of 6, limiting ring of 6, screw knob 61, and push plate 4 having an internally threaded sleeve 5 with external reinforcing rib 53 that slidably penetrates into corresponding guide hole 123 of inner frame 12 of foot side frame 1) has an axis hole 122; the threaded sleeve 5 extends into the axis hole 122; the screw cap 61 rotatably sleeves a periphery of the rotary drum; an inner top end of the rotary drum is provided with a peripheral edge (see annotated Figure 3 of Jiang below); a hole (see annotated Figure 2-3 below, ring rim flange of 6 greater diameter than rotary drum peripheral edge such that limiting ring doesn’t enter into axial hole 112,122) enclosed by the peripheral edge has a smaller diameter than the limiting ring (see annotated Figure 3 below, ring rim flange of 6); and the peripheral edge is clamped (see annotated Figure 3 of Jiang below) between the screw cap 61 and the limiting ring.
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Regarding claim 8, the combination of Jiang in view of Guo in view of Yumikino in view of Lai discloses the invention as described above. Jiang further discloses wherein the hallux support member 3 ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: curved hallux frame 3 with U-shaped groove 31) comprises a curved plate and a U-shaped groove 31; the curved plate 3 is configured to fit with one side of the hallux; the U-shaped groove 31 is formed at one end of the curved plate 3; and the U-shaped groove 31 is snapped into the peripheral surface of the shaft sleeve seat 13 to realize rotational connection.
Regarding claim 9, the combination of Jiang in view of Guo in view of Yumikino in view of Lai discloses the invention as described above. Jiang further discloses wherein a joint pad 9 ([Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]: joint pad 9 extends as a gasket from inner side shell12 and onto push plate 4), wherein the pad 9is mounted on the push plate 4; the joint pad 9 is configured to abut against the metatarsophalangeal joint; and an outer surface of the inner side shell 12 is provided with a gasket 9.
However, the combination of Jiang in view of Guo in view of Yumikino in view of Lai fails to explicitly disclose the gasket is elastic.
Lai further teaches wherein the analogous gasket (Page 4/24, Paragraph 7 and Figure 3, elastic pad 4) is elastic.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the gasket of Jiang in view of Guo in view of Yumikino in view of Lai, so that the gasket is elastic, as taught by Lai, in order to provide an improved hallux corrector with an enhanced gasket that is formed of an elastic material allowing for elastic deformation during movement such for the function of protecting the joint parts of the human foot, avoiding damage to the human foot, and improving the comfort of use (Lai, Page 4/24, Paragraph 7 and Page 5/24, Paragraph 1).
Regarding claim 10, the combination of Jiang in view of Guo in view of Yumikino in view of Lai discloses the invention as described above and further discloses wherein a periphery of the limit guide member (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: modifying the limit guide hole 123 and limit guide rib 53 of Jiang such that the limit guide rib 53 is formed on a limit guide post near the perimeter of the push plate 4 to be received in a guide hole 123 of the foot side member 1 having a peripheral cut, as taught by the limit guide post 6A and rib of Yumikino received in guide hole and peripheral cut of Yumikino) is provided with a plurality of reinforcing ribs 53 (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: limit guide rib 53 of Jiang formed on a limit guide post 6A of Yumikino on push plate 4 of Jiang); the reinforcing ribs 53 (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino) are integrally connected to the push plate 4 (Jiang [ Page 4/18 Paragraphs 4-12, Page 5/18, Paragraphs 1-3, and Figures 1-4]); a peripheral side of the guide hole (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino: limit guide hole 123 of Jiang with peripheral cut of Yumikino formed near perimeter of foot side member plate 12 of Jiang for corresponding to limit guide post 6A of Yumikino having rib 53 of Jiang) is provided with a cut; and the reinforcing ribs 53 (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino) pass through the cut (Modification of Figure 1 of Jiang in view of Figure 14 of Yumikino) .
Conclusion
11. Applicant's amendment changed the scope of the claims, but did not necessitate a new grounds of rejection based on new references. Accordingly, 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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached on +1(571) 270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786