DETAILED ACTION
This Office action is based on the amendments filed December 23, 2025 for application 18/811,120. Claims 1, 4-7, 11, 15, 18, and 19 have been amended and claims 2 and 3 have been cancelled; claims 1 and 4-20 are currently pending.
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 . 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.
Response to Arguments
Applicant’s arguments filed December 23, 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that no possible combination of the references discloses each and every element of the independent claims, the examiner disagrees. First, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Second, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Ancinec discloses a resilient member (hinge spring 124) for a hinge (assembly hinge 103) configured to support a knee joint (knee 133) which is analogous to the hinge (hinge 110) of the brace (100/101) taught by Boraas and Murphy discloses a resilient member (tension spring 108c) for a hinge (rotatable coupling 114a) configured to support an ankle joint which is analogous to the hinge (secondary hinge 111) of the brace (101) taught by Boraas such that the combination of Boraas / Ancinec / Murphy, as described in the rejection below, includes in total at least two resilient members (hinge spring 124 taught by Ancinec and spring 108c taught by Murphy) connected between two different pairs of adjacent rigid splint members (femur component 102 & tibia component 104, tibia component 104 & hock component 103). Therefore, the invention as claimed including at least two resilient members connected between two different pairs of adjacent splint members would have been obvious to one having ordinary skill in the art based on the suggestions of the collective teachings of Boraas, Ancinec, and Murphy in combination.
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.
Claims 1, 4-6, 8, and 10-20 are rejected under 35 U.S.C. 103 as being unpatentable over Boraas et al. (US 2014/0039367), in view of Ancinec (US 8,882,688), and in further view of Murphy et al. (US 2022/0401285).
Regarding claims 1 and 5, Boraas discloses a movable splint (brace 100/101) capable of mimicking natural dynamic joint movements for animals, the splint (100/101) comprising a first rigid splint member (femur component 102) for supporting a first portion of an animal appendage and a second rigid splint member (tibia component 104) rotatably connected (via hinges 110) to the first rigid splint member (102), the second rigid splint member (104) configured to support a second portion of the animal appendage, wherein the first and second rigid splint members (102, 104) are able to rotate relative to one another upon application of a force, and a third rigid splint member (hock component 103) rotatably connected (via secondary hinges 111) to the second rigid splint member (104) (Figs. 2 & 2b; ¶ 0051-0052 & 0070).
However, Boraas fails to teach a first resilient member connecting the first and second rigid splint members and urging the first and second rigid splint members to a non-rotated relationship upon easing of the force, and a second resilient member connecting the second and third rigid splint members, wherein the first and second resilient members each comprise a tension spring.
Ancinec discloses a movable splint (orthotic joint stabilizing assembly 101) comprising a first splint member (upper leg brace portion 191) for supporting a first portion (upper leg 131) of a leg (130), a second splint member (lower leg brace portion 192) rotatably connected (via hinges 103) to the first splint member (191) and configured to support a second portion (lower leg 132) of the leg (130), and a first resilient member (hinge spring 124) connecting the first and second splint members (191, 192), wherein the first and second splint members (191, 192) are able to rotate relative to one another upon application of a force and the first resilient member (124) urging the first and second splint members (191, 192) to a non-rotated relationship upon easing of the force, and wherein the first resilient member (124) comprises a tension spring (spring 124 is configured to resist pulling or stretching and is therefore a tension spring) (Figs. 25 & 32; column 8, lines 52-67; column 9, lines 24-33).
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 movable splint taught by Boraas to include a first resilient member comprising a tension spring connecting the first and second rigid splint members and urging the first and second rigid splint members to a non-rotated relationship upon easing of the force as taught by Ancinec for the purpose of assisting in stabilizing a joint of an animal having a reduced or compromised ability to maintain the joint in a full extension position due to any of a variety of medical ailments or conditions in order to render the animal ambulatory.
However, the combination of Boraas and Ancinec fails to teach a second resilient member connecting the second and third rigid splint members, wherein the second resilient member comprises a tension spring.
Murphy discloses a movable splint (device 100) comprising an analogous second splint member (first anchor 104), an analogous third splint member (second anchor 106), and an analogous second resilient member (spring 108c) connecting the second and third splint members (104, 106), wherein the second resilient member (108c) comprises a tension spring (Fig. 1C; ¶ 0057, 0060, & 0062).
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 movable splint taught by the combination of Boraas and Ancinec to include a second resilient member comprising a tension spring connecting the second and third rigid splint members as taught by Murphy for the purpose of biasing toes of the animal in a dorsiflexion position when walking.
Regarding claim 4, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses that the third rigid splint member (103) is configured to receive a paw portion of the animal appendage (¶ 0115).
Regarding claim 6, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Ancinec further discloses that the first resilient member (124) comprises a plurality of resilient members each connecting the first and second splint members (191, 192) (Fig. 32; column 8, lines 61-63).
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 first resilient member of the movable splint taught by the combination of Boraas / Ancinec / Murphy to include a plurality of resilient members each connecting the first and second rigid splint members as further taught by Ancinec for the purpose of providing stabilization on respective sides of the animal’s joint.
Regarding claim 8, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses padding (open cell foam sheet 184) on the first and second rigid splint members (102, 104) (Fig. 2a; ¶ 0057-0058).
Regarding claim 10, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses one or more straps (closure system 116 with lace 142) for holding the splint (100/101) on the animal (Fig. 2; ¶ 0072-0073).
Regarding claims 11 and 15, Boraas discloses an animal splint (brace 100/101) comprising a plurality of rigid splint members (femur component 102, tibia component 104, hock component 103), each of the plurality of rigid splint members (102, 104, 103) conforming to a portion of an animal’s appendage, wherein each of the plurality of rigid splint members (102, 104, 103) is rotatably connected to an adjacent rigid splint member (102, 104, 103) via corresponding axes (hinges 110, 111) of the rigid splint members (Figs. 2 & 2b; ¶ 0051-0052 & 0070).
However, Boraas fails to teach at least two resilient members with at least two of the at least resilient splint members connected between two different pairs of adjacent rigid splint members urging the two different pairs of adjacent rigid splint members into an initial position, wherein the at least two resilient members comprise a tension spring.
Ancinec discloses a splint (orthotic joint stabilizing assembly 101) comprising a plurality of splint members (upper leg brace portion 191, lower leg brace portion 192) rotatably connected to an adjacent splint member via a corresponding axis (hinges 103) of the splint members, and at least one resilient member (hinge spring 124) between at least one pair of adjacent rigid splint members (191, 192) urging the a least one pair of adjacent splint members (191, 192) into an initial position, wherein the resilient member (124) comprises a tension spring (spring 124 is configured to resist pulling or stretching and is therefore a tension spring) (Figs. 25 & 32; column 8, lines 52-67; column 9, lines 24-33).
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 animal splint taught by Boraas to include at least one resilient member comprising a tension spring between at least one pair of adjacent rigid splint members (i.e., femur component 102 and tibia component 104) urging the at least one pair of adjacent rigid splint members into an initial position as taught by Ancinec for the purpose of assisting in stabilizing a joint of an animal having a reduced or compromised ability to maintain the joint in a full extension position due to any of a variety of medical ailments or conditions in order to render the animal ambulatory.
However, the combination of Boraas and Ancinec fails to teach that another resilient member connected between a different pair of adjacent rigid splint members urging the different pair of adjacent rigid splint members into an initial position, wherein the another resilient member comprises a tension spring.
Murphy discloses a splint (device 100) comprising a plurality of splint members (first anchor 104 + first portion 114b, second anchor 106 + second portion 114c), rotatably connected to an adjacent splint member via a corresponding axis (rotatable coupling 114a) of the splint members, and at least one resilient member (spring 108c) between at least one pair of adjacent rigid splint members (104+114b, 106+114c) urging the a least one pair of adjacent splint members (104+114b, 106+114c) into an initial position, wherein the at least one resilient member (108c) comprises a tension spring (Fig. 1C; ¶ 0057, 0060, & 0062).
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 animal splint taught by the combination of Boraas and Ancinec to include another resilient member comprising a tension spring connected between a different pair of adjacent rigid splint members (i.e., tibia component 104 and hock component 103) urging the different pair of adjacent rigid splint members into an initial position as taught by Murphy for the purpose of biasing toes of the animal in a dorsiflexion position when walking.
Note that the combination of Boraas / Ancinec / Murphy as described above includes at least two resilient members (hinge spring 124 taught by Ancinec and spring 108c taught by Murphy) with at least two of the at least two resilient splint members connected between two different pairs of adjacent rigid splint members (femur component 102 & tibia component 104, tibia component 104 & hock component 103) urging the two different pairs of adjacent rigid splint members into an initial position, wherein the at least two resilient members comprise a tension spring.
Regarding claim 12, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses that the plurality of rigid splint members (102, 104, 103) comprises an upper (femur component 102), a mid-level (lower leg brace portion 192), and a lower (hock component 103) rigid splint member, wherein the mid-level rigid splint member (104) is rotatably connected (via hinges 110) to the upper rigid splint member (102) at an upper position and is rotatably connected to the lower rigid splint member (103) (via secondary hinges 111) at a lower position (Fig. 2b; ¶ 0051-0052).
Regarding claim 13, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Ancinec further discloses that the resilient member (hinge spring 124) is between upper and mid-level splint members (upper leg brace portion 191, lower leg brace portion 192) (Fig. 32) and Murphy further discloses that the resilient member (spring 108c) is between mid-level and lower splint members (first anchor 104, second anchor 106) (Fig. 1C; ¶ 0057, 0060, & 0062).
Regarding claim 14, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses that the lower rigid splint member (103) includes a substantially planar portion and partially upstanding sidewalls configured to position a paw of the animal (¶ 0115).
Regarding claim 16, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses padding (open cell foam sheet 184) in one or more of the plurality of rigid splint members (102, 104, 103) (Fig. 2a; ¶ 0057-0058).
Regarding claim 17, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses one or more straps (closure system 116 with lace 142) associated with one or more of the plurality of rigid splint members (102, 104, 103) (Fig. 2; ¶ 0072-0073).
Regarding claim 18, the combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, and Boraas further discloses that the plurality of rigid splint members (102, 104, 103) comprises a rigid plastic (thermoformable polymer material) (¶ 0057 & 0092).
Regarding claims 19 and 20, Boraas discloses an articulating animal splint (brace 100/101) comprising a plurality of rigid splint members (femur component 102, tibia component 104, hock component 103), each of the plurality of rigid splint members (102, 104, 103) conforming to a portion of an animal’s appendage, wherein each of the plurality of rigid splint members (102, 104, 103) is rotatably connected to an adjacent rigid splint member (102, 104, 103) via corresponding axes (hinges 110, 111) of the rigid splint members, wherein the plurality of rigid splint members (102, 104, 103) comprises an upper (femur component 102), a mid-level (lower leg brace portion 192), and a lower (hock component 103) rigid splint member, wherein the mid-level rigid splint member (104) is rotatably connected (via hinges 110) to the upper rigid splint member (102) at an upper position and is rotatably connected to the lower rigid splint member (103) (via secondary hinges 111) at a lower position, and padding (open cell foam sheet 184) in one or more of the plurality of rigid splint members (102, 104, 103), wherein the upper rigid splint member (102) is capable of being rotated to extend from the mid-level rigid splint member (104) at an oblique angle by rotatable connection (at hinges 110) and the lower rigid splint member (103) is capable of being rotated to extend from the mid-level rigid splint member (104) at an oblique angle by rotatable connection (at hinges 111) (Figs. 2-2b; ¶ 0051-0052, 0057-0058, 0070, & 0100).
However, Boraas fails to teach at least two resilient members between two different pairs of adjacent rigid splint members urging the two different pairs of adjacent rigid splint members into an initial position, wherein the at least two resilient members comprises a tension spring, spring steel, rubber, or other elastomer.
Ancinec discloses a splint (orthotic joint stabilizing assembly 101) comprising a plurality of splint members (upper leg brace portion 191, lower leg brace portion 192) rotatably connected to an adjacent splint member via a corresponding axis (hinges 103) of the splint members, and at least one resilient member (hinge spring 124) between at least one pair of adjacent rigid splint members (191, 192) urging the a least one pair of adjacent splint members (191, 192) into an initial position, wherein the resilient member (124) comprises a tension spring (spring 124 is configured to resist pulling or stretching and is therefore a tension spring) (Figs. 25 & 32; column 8, lines 52-67; column 9, lines 24-33).
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 animal splint taught by Boraas to include at least one resilient member comprising a tension spring between at least one pair of adjacent rigid splint members (i.e., femur component 102 and tibia component 104) urging the at least one pair of adjacent rigid splint members into an initial position as taught by Ancinec for the purpose of assisting in stabilizing a joint of an animal having a reduced or compromised ability to maintain the joint in a full extension position due to any of a variety of medical ailments or conditions in order to render the animal ambulatory.
However, the combination of Boraas and Ancinec fails to teach that another resilient member connected between a different pair of adjacent rigid splint members urging the different pair of adjacent rigid splint members into an initial position, wherein the another resilient member comprises a tension spring.
Murphy discloses a splint (device 100) comprising a plurality of splint members (first anchor 104 + first portion 114b, second anchor 106 + second portion 114c), rotatably connected to an adjacent splint member via a corresponding axis (rotatable coupling 114a) of the splint members, and at least one resilient member (spring 108c) between at least one pair of adjacent rigid splint members (104+114b, 106+114c) urging the a least one pair of adjacent splint members (104+114b, 106+114c) into an initial position, wherein the at least one resilient member (108c) comprises a tension spring (Fig. 1C; ¶ 0057, 0060, & 0062).
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 animal splint taught by the combination of Boraas and Ancinec to include another resilient member comprising a tension spring connected between a different pair of adjacent rigid splint members (i.e., tibia component 104 and hock component 103) urging the different pair of adjacent rigid splint members into an initial position as taught by Murphy for the purpose of biasing toes of the animal in a dorsiflexion position when walking.
Note that the combination of Boraas / Ancinec / Murphy as described above includes at least two resilient members (hinge spring 124 taught by Ancinec and spring 108c taught by Murphy) with at least two of the at least two resilient splint members connected between two different pairs of adjacent rigid splint members (femur component 102 & tibia component 104, tibia component 104 & hock component 103) urging the two different pairs of adjacent rigid splint members into an initial position, wherein the at least two resilient members comprise a tension spring.
Claims 1, 6, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Boraas et al. (US 2014/0039367), in view of Murphy et al. (US 2022/0401285), and in further view of Ancinec (US 8,882,688).
Boraas discloses a movable splint (brace 100/101) capable of mimicking natural dynamic joint movements for animals, the splint (100/101) comprising a first rigid splint member (hock component 103) for supporting a first portion of an animal appendage and a second rigid splint member (tibia component 104) rotatably connected (via secondary hinges 111) to the first rigid splint member (103), the second rigid splint member (104) configured to support a second portion of the animal appendage, wherein the first and second rigid splint members (103, 104) are able to rotate relative to one another upon application of a force, and a third rigid splint member (femur component 102) rotatably connected (via hinges 110) to the second rigid splint member (104) (Figs. 2 & 2b; ¶ 0051-0052 & 0070).
However, Boraas fails to teach a first resilient member connecting the first and second rigid splint members and urging the first and second rigid splint members to a non-rotated relationship upon easing of the force, and a second resilient member connecting the second and third rigid splint members.
Murphy discloses a movable splint (device 100) comprising a first splint member (second anchor 106) for supporting a first portion of an appendage, a second splint member (first anchor 104) rotatably connected (via support 114 with rotatable coupling 114a) to the first splint member (106) and configured to support a second portion of the appendage, and a first resilient member (spring 108c) connecting the first and second splint members (106, 104), wherein the first and second splint members (106, 104) are able to rotate relative to one another upon application of a force and the resilient member (108c) urging the first and second splint members (106, 104) to a non-rotated relationship upon easing of the force (Fig. 1C; ¶ 0057, 0060, & 0062).
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 splint taught by Boraas to include a first resilient member connecting the first and second rigid splint members and urging the first and second rigid splint members to a non-rotated relationship upon easing of the force as taught by Murphy for the purpose of biasing toes of the animal in a dorsiflexion position when walking.
However, the combination of Boraas and Murphy fail to teach a second resilient member connecting the second and third rigid splint members.
Ancinec discloses a movable splint (orthotic joint stabilizing assembly 101) comprising a first splint member (lower leg brace portion 192) for supporting a first portion (lower leg 132) of a leg (130), a second splint member (upper leg brace portion 191) rotatably connected (via hinges 103) to the first splint member (192) and configured to support a second portion (upper leg 131) of the leg (130), and a second resilient member (hinge spring 124) connecting the first and second splint members (192, 191) (Figs. 25 & 32; column 8, lines 52-67; column 9, lines 24-33).
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 movable splint taught by the combination of Boraas and Murphy to include a second resilient member connecting the first and second rigid splint members as taught by Ancinec for the purpose of assisting in stabilizing a joint of an animal having a reduced or compromised ability to maintain the joint in a full extension position due to any of a variety of medical ailments or conditions in order to render the animal ambulatory.
Although the combination of Boraas / Murphy / Ancinec fails to teach that the first resilient member comprises a plurality of resilient members each connecting the first and second rigid splint members, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the first resilient member of the movable splint taught by the combination of Boraas / Murphy / Ancinec to include a plurality of resilient members each connecting the first and second rigid splint members since it has been held that mere duplication of the essential working parts of a device has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Boraas in view of Ancinec and Murphy as applied to claims 1 and 8 above, and in further view of Tepic et al. (US 2024/0016594) (having a PCT filing date of November 24, 2021).
The combination of Boraas / Ancinec / Murphy discloses the invention substantially as claimed, as described above, but fails to teach that the padding comprises neoprene.
Tepic discloses a splint (brace 100) for animals a rigid splint member (hard shell 2) and padding (padding 6) on the rigid splint member (2), wherein the padding comprises neoprene (Fig. 1; ¶ 0035 & 0041).
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 padding of the splint taught by the combination of Boraas / Ancinec / Murphy to comprises neoprene as taught by Tepic since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
Conclusion
The following prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Kazerooni et al. (US 2015/0173929) discloses a splint (exoskeleton 500) comprising a first splint member (thigh connector 150), a second splint member (shank connector 152) rotatably connected to the first splint member (150), a first resilient member (wrap spring 110) connecting the first and second splint members (150, 152) to provide a selective torque therebetween, and a third splint member (foot link 203) rotatably connected to the second splint member (152), wherein the connection between the second and third splint members can also include a resilient member (spring-like hinge) to raise the third splint member (152) (dorsiflex the ankle) (Fig. 18; ¶ 0036-0037 & 0061-0062) thus providing evidence that it is known the provide at least two resilient members between two different pairs of adjacent splint members in a single splint.
Applicant’s amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 3/13/2026