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 .
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 7-14 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.
Regarding claim 7, the claim recites the limitations “the hip region” in line 7 and “the loops” in line 8. There is insufficient antecedent basis for “the hip region”, as this limitation has not previously been introduced. Further, only a single loop has been previously introduced, while line 8 refers to “loops”.
Regarding claims 8-14, the claims are rejected under 35 U.S.C. 112(b) by virtue of their dependence on claim 7.
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) 1-3, 5-11, 13, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dewire et al. US 5,413,262.
Regarding claim 1, Dewire discloses a posture and lifting orthotic 10 (fig. 4 and col. 1, lines 5-7, a belt that is lumbar supporting to reduce injury, which would be capable of being used for posture and lifting), the orthotic 10 comprising:
a belt 12, wherein the belt 12 is configured to apply pressure to a wearer (fig. 4 and col. 3, lines 10-14, inner belt 12 adapted to extend about the waist and capable of applying pressure depending on how tightly it is worn);
wherein the belt 12 is sized to fit around the wearer’s waist and at least from a naval region to a lower buttocks’ region (fig. 4, belt 12 being capable of fitting around the waist and extending from the naval region to the lower buttocks region depending on the size and height of the wearer);
a pair of shoulder straps 38 connected to a top portion of the belt 12 (col. 4, line 65-col. 5, line 2; fig. 4 shows the suspenders 38 being attached to the top edge of the belt 12);
comprising a buckle 46/46 located on each of the shoulder straps 38 (fig. 4 and col. 5, lines 7-12, front buckles 46); and
further comprising a strap adjustment 44/44 located on each shoulder strap 38 (fig. 4 and col. 5, lines 7-12, rear buckles 44; buckles 44 would be capable of allowing the user to adjust the straps during use, for example, by removing front buckles 46 and adjusting tension with buckles 44 secured; alternatively, the user would be capable of removing rear buckles 44, adjusting the position and/or tension of the straps over the shoulders, and then resecuring buckles 44).
Regarding claim 2, Dewire discloses a waist belt 14, wherein the waist belt 14 is configured to wrap around the wearer’s waist (fig. 4 and col. 3, lines 18-26).
Regarding claim 3, Dewire discloses the waist belt 14 being connected to the orthotic 10 such that it can wrap around the waist after the belt 12 is secured into place (fig. 4 and col. 3, lines 32-38).
Regarding claim 5, Dewire discloses the belt 12 being secured via a hook and loop fastener 26a/b (fig. 5 and col. 4, lines 22-34).
Regarding claim 6, Dewire discloses the belt 12 being an elastic belt (col. 6, lines 11-16, the inner belt is stretched and connected around the waist during use).
Regarding claim 7, Dewire discloses a posture and lifting orthotic 10 (fig. 4 and col. 1, lines 5-7, a belt that is lumbar supporting to reduce injury, which would be capable of being used for posture and lifting), the orthotic 10 comprising:
a belt 12, wherein the belt 12 is configured to apply pressure to a wearer (fig. 4 and col. 3, lines 10-14, inner belt 12 adapted to extend about the waist and capable of applying pressure depending on how tightly it is worn);
wherein the belt 12 is sized to fit around the wearer’s waist and at least from a naval region to a lower buttocks’ region (fig. 4, belt 12 being capable of fitting around the waist and extending from the naval region to the lower buttocks region depending on the size and height of the wearer);
a pair of shoulder straps 38 connected to the belt 12 (col. 4, line 65-col. 5, line 2; fig. 4 shows the suspenders 38 being attached to the top edge of the belt 12);
wherein the shoulder straps 38 are connected to the belt 12 via a loop system 34/34 (fig. 4 and col. 4, lines 65-67);
wherein the loop system 34/34 is comprised of a loop 34 attached to the hip region of the belt 12 (fig. 4, loops 34 are attached to the top of the belt 12 and is thus attached to the middle hip region of the belt, as every part of device 10 is attached to each other);
wherein the shoulder straps 38 are configured to be closed straps 38 that will be placed through the loops 34/34 (fig. 4, the shoulder straps 38 include buckles 46 and a small connecting piece of material below the buckles 46 that extends directly through the loops 34/34; further, the straps 38 can be closed when the buckles 44 and 46 are fastened).
Regarding claim 8, Dewire discloses a buckle 46/46 located on each of the shoulder straps 38 (fig. 4 and col. 5, lines 7-12, front buckles 46).
Regarding claim 9, Dewire discloses a strap adjustment 44/44 located on each shoulder strap 38 (fig. 4 and col. 5, lines 7-12, rear buckles 44; buckles 44 would be capable of allowing the user to adjust the straps during use, for example, by removing front buckles 46 and adjusting tension with buckles 44 secured; alternatively, the user would be capable of removing rear buckles 44, adjusting the position and/or tension of the straps over the shoulders, and then resecuring buckles 44).
Regarding claim 10, Dewire discloses a waist belt 14, wherein the waist belt 14 is configured to wrap around the wearer’s waist (fig. 4 and col. 3, lines 18-26).
Regarding claim 11, Dewire discloses the waist belt 14 being connected to the orthotic 10 such that it can wrap around the waist after the belt 12 is secured into place (fig. 4 and col. 3, lines 32-38).
Regarding claim 13, Dewire discloses the belt 12 being secured via a hook and loop fastener 26a/b (fig. 5 and col. 4, lines 22-34).
Regarding claim 14, Dewire discloses the belt 12 being an elastic belt (col. 6, lines 11-16, the inner belt is stretched and connected around the waist during use).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dewire et al. US 5,413,262 in view of McDonald US 2014/0001221 A1.
Regarding claim 4, Dewire discloses the claimed invention as discussed above.
Dewire is silent on padding located on an underside of each shoulder strap.
However, McDonald teaches a harness 2 also comprising a waist belt 14 and shoulder straps 10/12 (figs. 1 and 2 and [0068]), the harness 2 comprising padding 22/26 located on an underside of each shoulder strap 10/12 (fig. 2 and [0069]-[0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the shoulder straps of Dewire with padding located on an underside of each shoulder strap, as taught by McDonald, “for cushioning the user’s shoulder” ([0069]).
Regarding claim 12, Dewire discloses the claimed invention as discussed above.
Dewire is silent on padding located on an underside of each shoulder strap.
However, McDonald teaches a harness 2 also comprising a waist belt 14 and shoulder straps 10/12 (figs. 1 and 2 and [0068]), the harness 2 comprising padding 22/26 located on an underside of each shoulder strap 10/12 (fig. 2 and [0069]-[0070]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the shoulder straps of Dewire with padding located on an underside of each shoulder strap, as taught by McDonald, “for cushioning the user’s shoulder” ([0069]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Votel et al. US 5,040,524
Pearson et al. US 5,232,424
Sanchez US 5,499,965
Cabana US 6,766,532 B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE J LEE whose telephone number is (571)270-7303. The examiner can normally be reached 9 AM - 5 PM.
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 at (571)270-3076. 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.
/MICHELLE J LEE/ Primary Examiner, Art Unit 3786