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 Objections
Claim 13 is objected to because of the following informalities:
In claim 13, rephrase “the inner surface” to read --an inner surface-- for improved clarity, even though the inner surface is an inherent feature of the shell member.
Appropriate correction is required.
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 3-9 and 13 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.
In claims 3, 5 and 7 it is unclear how the one longitudinal/transverse insert rib can be disposed through a plurality of channels as opposed to just one corresponding channel, as shown in Applicant’s Figure 2. Therefore, for claim 3 rephrase “the at least one longitudinal rib is disposed through the plurality of channels in the longitudinal direction” to read --at least one longitudinal rib is disposed through a corresponding channel of the plurality of channels--. For claim 5, rephrase “the at least one transverse rib is disposed through the plurality of channels in the circumferential direction” to read --the at least one transverse rib is disposed through a corresponding channel of the plurality of channels in the circumferential direction--. For claim 7, rephrase “the at least one longitudinal rib and the at least one transverse rib are disposed through the plurality of channels in the longitudinal direction and in the circumferential direction respectively” to read --the at least one longitudinal rib and the at least one transverse rib are disposed through corresponding channels of the plurality of channels in the longitudinal direction and in the circumferential direction, respectively--.
Claims 4, 6, 8-9, and 13 depend on an indefinite claim and so they are also rejected.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gray (U.S. Patent No. 5921945).
Regarding claim 1, Gray discloses a protector (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, hand-wrist protector comprising a shell 10D configured to protect/restrict a thumb joint with shell rib material 34D,36D and having through holes 32D. Also has liner padding around the edges of the splint body 10D such that the splint body 10D does not pull the patient's skin. Also, the shell 10D has stiffeners within channels of the shell 10D such that the stiffener channels are construed as transverse oriented to non-regular circular/ellipse/polygon through holes 32D in as much as that of Applicant’s channels) for stenosing tenosynovitis including: a shell member 10D including a plurality of ribs 34D,36D (Figure 6, ribs are construed as the shell material formed between the adjacent through-holes), the plurality of ribs 34D,36D defining a plurality of through holes 32D through the shell member 10D in a thickness direction and a plurality of channels (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27) transverse to the plurality of through holes 32D; and an lining (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21, soft padding liner around edges includes inner surface of shell 10D) attached to an inner side of the shell member 10D, the lining being softer than the shell member 10D.
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Regarding claim 10, Gray discloses the invention as described above and further discloses wherein the lining (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, padding wrapped around perimeter edges of shell 10D such that wrapping around inner and outer surfaces of shell 10D forms a peripheral flange lip of the liner padding ) includes a peripheral flange, and the peripheral flange is arranged along and abutted against a periphery of the shell member 10D.
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945), as applied to claim 1, in view of Nordt et al. (U.S. Patent Pub. No. 20060026736).
Regarding claim 2, Gray discloses the invention as described above and further discloses a reinforcing frame 58 (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, stiffener 58 molded within channels of splint 10D), wherein the reinforcing frame 58 is disposed through the plurality of channels.
However, Gray fails to explicitly disclose the plurality of channels located between the plurality of ribs.
Nordt teaches an analogous protector 1000 (Paragraphs 127-128 and Figures 4-5, immobilizing protector 1000 formed of shell 110 and undersleeve liner 130, wherein the shell has through-holes formed by adjacent ribs 154a,b,c,d, 162a,b,c,d ) with an analogous shell member 110 having analogous plurality of ribs 154a,b,c,d, 162a,b,c,d defining an analogous plurality of channels and an analogous reinforcing frame is disposed through the analogous plurality of channels and located between (Figure 5, the reinforcing frame 138 embedded within internal channel between plurality of ribs 154a,b,c,d, 162a,b,c,d. For example, the reinforcing frame 138 in the channel is positioned between ribs 154 and 162 of the shell framework 110) the analogous plurality of ribs 154a,b,c,d, 162a,b,c,d.
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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 a location of the plurality of channels with the reinforcing frame therein of Gray, so that the plurality of channels are located between the plurality of ribs, as taught by Nordt, in order to provide an improved an improved stenosing tenosynovitis protector with enhanced channels and ribs such that the channel positioning is located between the ribs for desirable support of the channel by the ribs while also allowing desirable tension profiles throughout the ribs at different areas away from the reinforcing frame (Nordt, Paragraphs 127-128 and 135).
Claims 3-4, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945) in view of Nordt et al. (U.S. Patent Pub. No. 20060026736), as applied to claim 2, in view of Koby (U.S. Patent No. 7645250).
Regarding claim 3, the combination of Gray in view of Nordt discloses the invention as described above. Gray further discloses wherein the shell member 10D defines a longitudinal direction (Figure 5, wrist to thumb direction or proximal to distal longitudinal direction) and a circumferential direction (Figure 5, circumferential wrapping around hand/wrist direction), the reinforcing frame 58 includes at least one rib 58, and the at least one rib 58 is disposed through a corresponding channel of the plurality of channels (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and27, stiffeners 58 within corresponding channels).
However, the combination of Gray in view of Nordt fails to explicitly disclose the plurality of channels are arranged in the longitudinal direction, the reinforcing frame includes at least one longitudinal rib, and the at least one longitudinal rib is disposed through a corresponding channel of the plurality of channels in the longitudinal direction.
Koby teaches an analogous stenosing tenosynovitis protector 4 (Col. 4, lines 16-44 and Figures 1-5, proximal to distal longitudinal thumb inserts 52 and longitudinal wrist insert 26 within longitudinal channels 46, 40 of the brace protector 4) wherein the analogous plurality of channels 46, 40 are arranged in the analogous longitudinal direction, the analogous reinforcing frame includes at least one longitudinal rib 52,26, and the at least one longitudinal rib 52,26 is disposed through a corresponding channel of the plurality of channels 46, 40 in the longitudinal direction.
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 reinforcing frame ribs and the plurality of channels in the shell member of Gray in view of Nordt, so that the plurality of channels are arranged in the longitudinal direction, the reinforcing frame includes at least one longitudinal rib, and the at least one longitudinal rib is disposed through a corresponding channel of the plurality of channels in the longitudinal direction, as taught by Koby, in order to provide an improved stenosing tenosynovitis protector with enhanced channels and reinforcing frame such that that the channel orientations are provided as both wrist to thumb longitudinally as well as allowing to removably insert within the plurality of channel passageways as desired by the patient for increased immobilization and support (Koby, Col. 4, lines 16-44).
Regarding claim 4, the combination of Gray in view of Nordt in view of Koby discloses the invention as described above and further discloses wherein the shell member 10D further includes a plurality of blocking portions (Gray, Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, blocking end boundaries of channel of shell 10D that hold stiffener 58 therebetween; Koby, Col. 4, lines 16-44, blocking end boundaries of longitudinal channels 46, 40 to hold longitudinal inserts 52,26 therein), the at least one longitudinal rib 58 is blocked between the plurality of blocking portions.
Claims 5-8, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945) in view of Nordt et al. (U.S. Patent Pub. No. 20060026736), as applied to claim 2, in view of Claude (FR 2650175 B1)
Regarding claim 5, the combination of Gray in view of Nordt discloses the invention as described above. Gray further discloses wherein the shell member 10D defines a circumferential direction (Figure 5, circumferential wrapping around hand/wrist direction).
However, the combination of Gray in view of Nordt fails to explicitly disclose the plurality of channels are arranged in the circumferential direction, the reinforcing frame includes at least one transverse rib, and the at least one transverse rib is disposed through a corresponding channel of the plurality of channels in the circumferential direction.
Claude teaches an analogous stenosing tenosynovitis protector (Page 2/9, Paragraphs 9-13 and Figures 1-3, hand-wrist orthosis configured to protect/restrict a thumb joint with a pocket 2 having an opening 4 for receiving a thermoplastic splint insert 14. The pocket 2 has a first longitudinal channel passageway section from thumb to wrist as well as first and second transverse channel passageway sections around the wrist) wherein the analogous plurality of channels (Figures 1 and 2, first and second transverse circumferential channels)are arranged in the circumferential direction, the analogous reinforcing frame 14 includes at least one transverse rib (Figures 1 and 2, first and second transverse ribs of insert 14), and the at least one transverse rib is disposed through a corresponding channel of the analogous plurality of channels in the analogous circumferential direction.
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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 reinforcing frame and the plurality of channels in the shell member of Gray in view of Nordt, so that the plurality of channels are arranged in the circumferential direction, the reinforcing frame includes at least one transverse rib, and the at least one transverse rib is disposed through a corresponding channel of the plurality of channels in the circumferential direction, as taught by Claude, in order to provide an improved stenosing tenosynovitis protector with enhanced channels and reinforcing frame such that that the channel orientations are provided around the wrist transversely supportive via a removable reinforcing frame insert received within the plurality of channel passageways as desired by the patient for increased immobilization and support (Claude, Page 2/9, Paragraphs 9-13).
Regarding claim 6, the combination of Gray in view of Nordt in view of Claude discloses the invention as described above and further discloses wherein the shell member (Gray: 10D) further includes a plurality of blocking portions (Gray, Col. 7, lines 62-66, Col. 9, lines 19-21 and Figures 5 and 27, blocking end boundaries of channel of shell 10D that hold stiffener 58 therebetween ; Claude, see annotated Figures 1-3 above, blocking portions defined by end boundaries of channel passageways that abuttingly hold the longitudinal rib and transverse ribs therebetween), and the at least one transverse rib (Claude, Paragraphs 9-13 and see annotated Figures 1-3 above) is blocked between the plurality of blocking portions.
Regarding claim 7, the combination of Gray in view of Nordt discloses the invention as described above. Gray further discloses wherein the shell member 10D defines a longitudinal direction (Figure 5, wrist to thumb direction or proximal to distal longitudinal direction) and a circumferential direction (Figure 5, circumferential wrapping around hand/wrist direction) transverse to the longitudinal direction, the reinforcing frame 58 (Col. 7, lines 62-66, Col. 9, lines 19-21 and Figures 5 and 27) includes at least one rib 58, and the at least one rib 58 is disposed through a corresponding channel of the plurality of channels in the longitudinal direction.
However, the combination of Gray in view of Nordt fails to explicitly disclose the plurality of channels are arranged in the longitudinal direction and the circumferential direction, the reinforcing frame includes at least one longitudinal rib and one transverse rib transverse to the at least one longitudinal rib, and the at least one transverse rib is s disposed through a corresponding channel of the plurality of channels in the circumferential direction, and the at least one longitude rib is disposed through a corresponding channel of the plurality of channels in the longitudinal direction.
Claude teaches an analogous stenosing tenosynovitis protector (Page 2/9, Paragraphs 9-13 and Figures 1-3, hand-wrist orthosis configured to protect/restrict a thumb joint with a pocket 2 having an opening 4 for receiving a thermoplastic splint insert 14. The pocket 2 has a first longitudinal channel passageway section from thumb to wrist as well as first and second transverse channel passageway sections around the wrist) wherein the analogous plurality of channels (see Annotated Figures 1-3 above, longitudinal channel passageway section as well as two transverse channel passageway section ) are arranged in the analogous longitudinal direction (Figures 1 and 2, longitudinal channel) and analogous circumferential direction (Figures 1 and 2, first and second transverse circumferential channels), the analogous reinforcing frame 14 includes at least one transverse rib (see Annotated Figures 1-3 above) transverse to the at least one analogous longitudinal rib (see Annotated Figures 1-3 above), and the at least one transverse rib is s disposed through a corresponding channel of the analogous plurality of channels in the analogous circumferential direction, and the at least one longitudinal rib(see Annotated Figures 1-3 above) is disposed through a corresponding channel of the plurality of channels in the longitudinal direction.
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 reinforcing frame ribs and the plurality of channels in the shell member of Gray in view of Nordt, so that the plurality of channels are arranged in the longitudinal and circumferential direction, the reinforcing frame includes at least one longitudinal rib and one transverse rib transverse to the at least one longitudinal rib, and the at least one transverse rib is disposed through a corresponding channel of the plurality of channels in the circumferential direction and the at least one longitudinal rib is disposed through a corresponding channel of the plurality of channels in the longitudinal direction, as taught by Claude, in order to provide an improved stenosing tenosynovitis protector with enhanced channels and reinforcing frame such that that the channel orientations are provided as both wrist to thumb longitudinally supportive as well as around the wrist transversely supportive via a removable reinforcing frame insert received within the plurality of channel passageways as desired by the patient for increased immobilization and support (Claude, Page 2/9, Paragraphs 9-13).
Regarding claim 8, the combination of Gray in view of Nordt in view of Claude discloses the invention as described above and further discloses wherein the shell member (Gray: 10D) further includes a plurality of blocking portions (Gray, Col. 7, lines 62-66, Col. 9, lines 19-21 and Figures 5 and 27, blocking end boundaries of channel of shell 10D that hold stiffener 58 therebetween ; Claude, see annotated Figures 1-3 above, blocking portions defined by end boundaries of channel passageways that abuttingly hold the longitudinal rib and transverse ribs therebetween), the at least one longitudinal rib (Claude, Paragraphs 9-13 and see annotated Figures 1-3 above, longitudinal rib section) and the at least one transverse rib (Claude, Paragraphs 9-13 and see annotated Figures 1-3 above, two transverse rib sections) are blocked between the plurality of blocking portions.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945) in view of Nordt et al. (U.S. Patent Pub. No. 20060026736) in view of Claude (FR 2650175 B1), as applied to claim 8, and in further view of Petursson et al. (U.S. Patent Pub. No. 20180116852).
Regarding claim 9, the combination of Gray in view of Nordt in view of Claude discloses the invention as described above but fails to explicitly disclose wherein the shell member further includes a plurality of hook portions, the at least one longitudinal rib and the at least one transverse rib each include a recess, and each of the plurality of hook portions is restrictedly engaged in the recess of one of the at least one longitudinal rib and the at least one transverse rib.
Petursson teaches a similar protector 100 (Paragraphs 129-131 and Figure 13b, knee orthosis 100 with polymeric shell 226 with channel to receive insert rib 238, with an area near an end of the channel of shell 226 includes protrusion hooks 256 that is received into a recess of insert 238 for desirable securement thereat) wherein the analogous shell member 226 further includes a plurality of hook portions 256, the analogous at least one rib 238 includes a recess, and each of the plurality of hook portions 266 is restrictedly engaged in the recess of one of the at analogous least one rib 238.
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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 a coupling of the plurality of channels with the corresponding transverse and longitudinal ribs of Gray in view of Nordt in view of Claude, so that the shell member further includes a plurality of hook portions, the ribs each include a recess, and each of the plurality of hook portions is restrictedly engaged in the recess, as taught by Petursson, in order to provide an improved stenosing tenosynovitis protector with an enhanced coupling between the shell member channels and the insert ribs such that there are also hook portions of the shell member received into a thickness of the insert ribs for desirable fastening and increased securement near an end of the channel (Petursson, Paragraph 131).
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945), as applied to claim 1, in view of Frederick (U.S. Patent Pub. No. 20230149198).
Regarding claim 11, Gray discloses the invention as described above but fails to explicitly disclose wherein two opposing sides of the shell member each include at least one first notch configured to correspond to at least one joint of a hand when worn.
Frederick teaches an analogous stenosing tenosynovitis protector (Paragraphs 70, 75 and see annotated Figures 16 and 19 above, thumb brace glove 100 with lower liner layer 300 and an upper support cover layer 335) wherein two opposing sides of the analogous upper member 335 (Paragraphs 70, 75 and Figures 16 and 19, upper support cover layer 335 has pair of notches at thumb joint) each include at least one first notch configured to correspond to at least one joint of a hand when worn; two opposing sides of the analogous lining (Paragraphs 70, 75 and Figures 16 and 19, lower liner layer 330 has pair of notches at thumb joint corresponding to upper cover 335 notches) each include at least one notch corresponding to the at least one first notch.
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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 lower liner layer as well as the upper shell layer of Gray in view of Claude in view of Petursson, so that two opposing sides of the upper shell member each include at least a first notch configured to correspond to at least one joint of a hand when worn; two opposing sides of the lower lining each include at least a second notch corresponding to the first notches, as taught by Frederick, in order to provide an improved stenosing tenosynovitis protector with an enhanced lower liner layer as well as upper shell layer having corresponding notch slits at a thumb joint to allow for slight thumb joint movement while still providing protection around the thumb (Frederick, Paragraphs 70 and 75).
Regarding claim 12, the combination of Gray in view of Frederick discloses the invention as described above and further discloses two opposing sides of the lining (Gray, Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, padded liner of shell 10D; Frederick, Paragraphs 70, 75 and Figures 16 and 19, lower liner layer 330 has pair of notches at thumb joint corresponding to upper cover 335 notches) each include at least one notch corresponding to the at least one first notch.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945) in view of Nordt et al. (U.S. Patent Pub. No. 20060026736) in view of Claude (FR 2650175 B1) in view of Petursson et al. (U.S. Patent Pub. No. 20180116852), as applied to claim 9, and in further view of Frederick (U.S. Patent Pub. No. 20230149198) and Slautterback (U.S. Patent Pub. No. 20020062095) and Mottram et al. (U.S. Patent Pub. No. 20190015238) and Chhatrala (U.S. Patent Pub. No. 20220387206).
Regarding claim 13, the combination of Gray in view of Nordt in view of Claude in view of Petursson discloses the invention as described above. Gray further discloses wherein the lining (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, padding wrapped around perimeter edges of shell 10D such that wrapping around inner and outer surfaces of shell 10D forms a peripheral flange lip of the liner padding ) includes a peripheral flange, the peripheral flange is arranged along and abutted against a periphery of the shell member 10D; the shell member 10D is integrally made of plastic (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21, polymeric shell 10D material); a plurality of the plurality of through holes 32D (Figure 5, through holes 32D with some shaped as non-regular polygons, ellipses, and circles) are non-regular polygons, non-regular circles or non-regular ellipses; relative to an inner surface of the shell member 10D, and the plurality of channels (Col. 7, lines 62-67, Col. 8, lines 1-6 and 31-50, Col. 9, lines 19-21 and Figures 5 and 27, channels for stiffeners 58 located outside of through holes in as much as that of Applicant’s channels) are located outside the plurality of through holes 32D; the protector for stenosing tenosynovitis further includes at least one tightening strap 26D (Col. 7, lines 5-10, adjustable tightening straps 26D for securing shell 10 with user’s arm/wrist/hand).
However, the combination of Gray in view of Nordt in view of Claude in view of Petursson fails to explicitly disclose (1) two opposing sides of the shell member each include a plurality of first notches configured to correspond to at least one joint of a hand when worn; two opposing sides of the lining each include a plurality of second notches corresponding to the plurality of first notches; (2) the lining is made of woven fabric, non-woven fabric, rubber or silicone; the at least one longitudinal rib and the at least one transverse rib are metal strips; (3) the shell member and the lining are connected by a plurality of connection members; (4) more than 50% of the plurality of ribs extend non-parallel to each other.
Frederick teaches an analogous stenosing tenosynovitis protector (Paragraphs 70, 75 and see annotated Figures 16 and 19 below, thumb brace glove 100 with lower liner layer 300 and an upper support cover layer 335) wherein two opposing sides of the analogous upper member 335 (Paragraphs 70, 75 and Figures 16 and 19, upper support cover layer 335 is sized and shaped similar to lower liner layer 330 so as to form two pairs of opposing notches around tabs 320A,320B) each include a plurality of first notches configured to correspond to at least one joint of a hand when worn; two opposing sides of the analogous lining (Paragraphs 70, 75 and Figures 16 and 19, lower liner layer 330 has two pairs of opposing notches at thumb joint corresponding to upper cover 335 notches as formed by around tabs 320A,320B) each include a plurality of second notches corresponding to the plurality of first notches.
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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 lower liner layer as well as the upper shell layer of Gray in view of Nordt in view of Claude in view of Petursson, so that two opposing sides of the upper shell member each include a plurality of first notches configured to correspond to at least one joint of a hand when worn; two opposing sides of the lower lining each include a plurality of second notches corresponding to the plurality of first notches, as taught by Frederick, in order to provide an improved stenosing tenosynovitis protector with an enhanced lower liner layer as well as upper shell layer having corresponding notch slits at a thumb joint to allow for slight thumb joint movement while still providing protection around the thumb (Frederick, Paragraphs 70 and 75).
However, the combination of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick fails to explicitly disclose (2) the lining is made of woven fabric, non-woven fabric, rubber or silicone; the at least one longitudinal rib and the at least one transverse rib are metal strips; (3) the shell member and the lining are connected by a plurality of connection members; (4) more than 50% of the plurality of ribs extend non-parallel to each other.
Slautterback teaches an analogous protector 10 (Paragraphs 47-48, 50 and Figure 5, carpal tunnel wrist protector 10 with metal insert 30, thermoplastic shell 26, and liner pad 28 made of rubber) wherein the analogous shell 26 is made of plastic and the analogous lining 28 is made of rubber; the at least one analogous rib 30 is a metal strip.
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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 a material of the liner and the transverse and longitudinal ribs of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick, so that the lining is made of rubber; and the ribs is a metal strip, as taught by Slautterback, in order to provide an improved stenosing tenosynovitis protector with an enhanced material of the liner and transverse and longitudinal ribs such that the user is desirably cushioned and comforted by the rubber liner padding as well as resiliently supported by the metal insert rib stays during use (Slautterback, Paragraphs 47-48 and 50).
However, the combination of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick in view of Slautterback fails to explicitly disclose (3) the shell member and the lining are connected by a plurality of connection members; (4) more than 50% of the plurality of ribs extend non-parallel to each other.
Mottram teaches a similar protector (Paragraph 94 and Figure 9, cranial protector) wherein the analogous shell member 210 (Paragraph 94 and Figure 9, shell 210 of cranial orthosis) and the analogous lining 270 (Paragraph 94 and Figure 9, liner 270) are connected by a plurality of connection members (Paragraph 94, plurality of internally/externally fixed fastenings therebetween).
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 connection between the liner and shell member of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick in view of Slautterback, so that the shell member and the lining are connected by a plurality of connection members, as taught by Mottram, in order to provide an improved stenosing tenosynovitis protector with an enhanced connection between the liner and shell member formed by fastener couplings therebetween such that the liner is removable from the shell and is then capable of being washed (Mottram, Paragraphs 93-94).
However, the combination of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick in view of Slautterback in view of Mottram fails to explicitly disclose (4) more than 50% of the plurality of ribs extend non-parallel to each other.
Chhatrala teaches an analogous stenosing tenosynovitis protector (Paragraphs 16, 40, 95, 100 and Figure 6, hand protector comprising a shell 100 configured to protect a thumb joint and having through holes. Also a padding rubber foam liner is provided to cushion and let user’s skin breathe) wherein more than 50% of the analogous plurality of ribs 100 (Figure 6, ribs are construed as the shell material 100 formed between the adjacent through-holes which are shown as having non-parallel sides to one another at most areas) extend non-parallel to each other.
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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 an orientation of the plurality of ribs between the through holes of Gray in view of Nordt in view of Claude in view of Petursson in view of Frederick in view of Slautterback in view of Mottram, so that more than 50% of the plurality of ribs extend non-parallel to each other, as taught by Chhatrala, in order to provide an improved stenosing tenosynovitis protector with an enhanced plurality of ribs between the through holes where the through holes and ribs are randomly oriented with varying directions and sizes for desirable strength increase and user support throughout the user’s thumb, hand, and palm (Chhatrala, Paragraphs 16, 40, 95, 100).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Gray (U.S. Patent No. 5921945), as applied to claim 1, in view of Chhatrala (U.S. Patent Pub. No. 20220387206).
Regarding claim 14, Gray discloses the invention as described above and further discloses wherein the plurality of through holes 32D include a plurality of large holes (Figure 5) and a plurality of small holes (Figure 5, smaller sized holes compared to larger through holes).
However, Gray fails to explicitly disclose the plurality of small holes are arranged adjacent to and along a periphery of the shell member, and the plurality of large holes are located more internally in the shell member relative to the plurality of small holes.
Chhatrala teaches an analogous stenosing tenosynovitis protector (Paragraphs 16, 40, 95, 100 and see annotated Figure 6 above, hand protector comprising a shell 100 configured to protect a thumb joint and having through holes, with small holes near perimeter and larger holes near middle. Also a padding rubber foam liner is provided to cushion and let user’s skin breathe) wherein the analogous plurality of small holes (Figure 6 ) are arranged adjacent to and along an analogous periphery of the analogous shell member 100, and the analogous plurality of large holes (Figure 6 ) are located more internally in the analogous shell member 100 relative to the analogous plurality of small holes.
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 position of the large and small holes of Gray, so that the plurality of small holes are arranged adjacent to and along a periphery of the shell member, and the plurality of large holes are located more internally in the shell member relative to the plurality of small holes, as taught by Chhatrala, in order to provide an improved stenosing tenosynovitis protector with enhanced through holes through the shell member that are positioned with larger holes near the middle and smaller holes near the perimeter for a desirable force gradient profile throughout the shell with increased ribs at the perimeter for increased support thereat (Chhatrala, (Paragraphs 16, 40, 95, and 100).
Conclusion
14. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Claude (US 1471948 A) teaches a stenosing tenosynovitis protector.
Conclusion
15. 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.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786