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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), is acknowledged.
Drawings
The drawings are objected to because
Figures 7A and 7C contain reference arrows which do not contain reference numbers and
Fig 2 and Fig 9 appear to have text that is illegible.
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 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, 2, 7, 8, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Fig 2 embodiment of US 2020/0368056 (Doty ‘2) in view of US 2015/0216708 (“Garth et al”) and in view of Fig 13 embodiment of US 2020/0368056 (Doty ‘13).
With respect to claim 1, Doty ‘2 discloses An adjustable cervical collar (Fig 1, collar shown) comprising:
a chest piece adapted and configured to rest against a subject's sternum (Fig 1, chest piece 100);
a back piece adapted and configured to rest on a posterior surface of the subject's neck and couple to the chest piece (Fig 21, back piece 500); and
a chin support movably coupled to the chest piece (Fig 1, chin piece 150);
a first shaft assembly and a second shaft assembly each rotatably mounted on a opposing lateral regions of the chest piece (Fig 1, shaft assembly 220, 230, 260), the first shaft assembly and a second shaft assembly each comprising:
a helically threaded portion engaged with the chin support such that rotation of the helically threaded shaft causes the chin support to raise and lower (Fig 2, helically threaded member 260, turning the thread moves member 280 and the chin support)…
Doty ‘2 is silent on a bendable portion coupled to the helically threaded portion; and a geared portion coupled to the bendable portion on an opposite end relative to the helically threaded portion; and an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly.
Garth et al teaches an analogous cervical collar with a helically threaded portion engaged with the chin support such that rotation of the helically threaded shaft causes the chin support to raise and lower (Fig 9, helically threaded member is upper portion of rods 920, 930); a bendable portion coupled to the helically threaded portion (Fig 9, bent portions of rods 920, 930); and a geared portion coupled to the bendable portion on an opposite end relative to the helically threaded portion ([0058], Fig 9, rotating member 940 has internal threading, stays in place, and upon rotation it moves members 920, 930 so it is a gear).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft assembly of Doty et al to have the shaft be bendable as taught by Garth in order to ensure that a normal amount of pressure is enough to rotate the system and adjust the collar (Garth et al [0060]).
Doty ‘2/Garth et al is silent on and an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly.
Doty ‘13 teaches another embodiment (Doty ’13, Fig 13) having an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly (Fig 13, knob 476, gears 469, 459).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuator of Doty ‘2/Garth to be a knob and gear as taught by Doty ‘13 in order to allow for locking and ease of the height adjustments (Doty ‘13 [0126]).
With respect to claim 2, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 1, wherein the adjustment knob is coupled to a bevel gear complementary to the geared portion of the first shaft assembly and the second shaft assembly (Doty ’13, Fig 13, beveled gear 470).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuator of Doty ‘2/Garth to be a knob and gear as taught by Doty ‘13 in order to allow for locking and ease of the height adjustments (Doty ‘13 [0126]).
With respect to claim 7, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 1, wherein one or more of the first shaft assembly, the second shaft assembly, and the adjustment knob is located externally to one or more of the chest piece and the back piece (Doty ‘2, Fig 2, shaft assembly shown external to chest piece).
With respect to claim 8, Doty et al discloses An adjustable cervical collar comprising (Fig 1, collar shown):
a chest piece adapted and configured to rest against a subject's sternum (Fig 1, chest piece 100);
a back piece adapted and configured to rest on a posterior surface of the subject's neck and couple to the chest piece (Doty discloses a series of alternative back pieces all usable with the Fig 2 embodiment, Fig 22, back piece 500);
a chin support movably coupled to the chest piece (Fig 1, chin piece 150);
a first shaft assembly and a second shaft assembly each rotatably mounted on a opposing lateral regions of the chest piece (Fig 1, shaft assembly 220, 230, 260), the first shaft assembly and a second shaft assembly each comprising:
a threaded portion engaged with the chin support such that rotation of a threaded shaft causes the chin support to raise and lower (Fig 2, helically threaded member 260, turning the thread moves member 280 and the chin support); …
a tightening mechanism configured and adapted to connect to the back piece to the chest piece or the chin support (Fig 21-22, tightening system 600, permits tightening of the strap system 525).
Doty ‘2 is silent on a bendable portion coupled to the threaded portion; and a geared portion coupled to the bendable portion on an opposite end relative to the threaded portion; an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly.
Garth et al teaches an analogous cervical collar with a helically threaded portion engaged with the chin support such that rotation of the helically threaded shaft causes the chin support to raise and lower (Fig 9, helically threaded member is upper portion of rods 920, 930); a bendable portion coupled to the threaded portion (Fig 9, bent portions of rods 920, 930); and a geared portion coupled to the bendable portion on an opposite end relative to the threaded portion ([0058, Fig 9, rotating member 940 has internal threading, stays in place, and upon rotation it moves members 920, 930 so it is a gear).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft assembly of Doty et al to have the shaft be bendable as taught by Garth in order to ensure that a normal amount of pressure is enough to rotate the system and adjust the collar (Garth et al [0060]).
Doty ‘2/Garth et al is silent on an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly.
Doty ‘13 teaches another embodiment (Doty ’13, Fig 13) having an adjustment knob positioned on the chest piece and coupled to the geared portion of each of the first shaft assembly and the second shaft assembly (Fig 13, knob 476, gears 469, 459).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the actuator of Doty ‘2/Garth to be a knob and gear as taught by Doty ‘13 in order to allow for locking and ease of the height adjustments (Doty ‘13 [0126]).
With respect to claim 14, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 8, wherein the tightening mechanism is located externally to one or more of the chest piece and the back piece (Doty ‘2, Fig 2, shaft assembly is external to chest piece).
With respect to claim 15, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 8, wherein one or more of the first shaft assembly, the second shaft assembly, and the adjustment knob is located externally to one or more of the chest piece and the back piece (Doty ‘2, Fig 2, shaft assembly is external to chest piece).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Doty ‘2/Garth et al/Doty ‘13 as applied to claim 2 above, and further in view of US 2002/0095750 (‘Hammerslag”).
With respect to claim 3, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 2.
Doty ‘2/Garth et al/Doty ‘13 is silent on wherein the bevel gear and the adjustment knob each comprise complementary splines that allow the adjustment knob to slide axially with respect to the bevel gear.
Hammerslag teaches an analogous knob for a gear system wherein gear system and the adjustment knob each comprise complementary splines that allow the adjustment knob to slide axially with respect to the bevel gear ([0163], knob and shaft with spline interface).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the knob connection of Doty ‘2/Garth to be a spline interface as taught by Hammerslag in order to more easily control the system and easy assembly (Hammerslag [0098], [0174]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Doty ‘2/Garth et al/Doty ‘13 as applied to claim 1 above, and further in view of US 2013/0281900 (“Suarez et al”).
With respect to claim 4, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 1.
Doty ‘2/Garth et al/Doty ‘13 is silent on wherein the adjustment knob and the chest piece further comprise complementary detents, wherein the complementary detents can be: engaged to lock by moving the adjustment knob toward the subject's sternum; and disengaged to allow rotation by moving the adjustment knob away from the subject's sternum.
Suarez et al teaches an analogous knob and chest piece (Fig 4, knob 80, 70 and chest piece 20) wherein the adjustment knob and the chest piece further comprise complementary detents, wherein the complementary detents can be: engaged to lock by moving the adjustment knob toward the subject's sternum; and disengaged to allow rotation by moving the adjustment knob away from the subject's sternum (Fig 4, [0032], chest body with orifice 25 and catches for knob system 80; catches are engaged when knob is moved towards the sternum and unengaged when pulled away from the sternum)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the knob of Doty ‘2/Garth et al/Doty ’13 with the lock system of Suarez et al in order to prevent unwanted movement by securing the knob when not being adjusted (Suarez et al [0031]).
Claims 5, 6, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Doty ‘2/Garth et al/Doty ‘13 as applied to claim 1 and 8 above, and further in view of US 5,230,698 (“Garth ‘698”).
With respect to claim 5, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 1.
Doty ‘2/Garth et al/Doty ‘13 is silent on wherein the back piece includes at least one relief, the relief being configured to provide flexibility to the back piece.
Garth ‘698 teaches an analogous back piece having at least one relief, the relief being configured to provide flexibility to the back piece (Fig 4, col 2 ll 40-45, reliefs between protrusions 25 for flexing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back piece of Doty ‘2/Garth et al/Doty ’13 to have the reliefs as taught by Garth ‘698 in order to better fit to the user (Garth ‘698 col 2 ll 40-45).
With respect to claim 6, Doty ‘2/Garth et al/Doty ‘13/Garth ‘698 discloses The adjustable cervical collar of claim 5, wherein the back piece includes a plurality of reliefs (Garth Fig 4, col 2 ll 40-45, reliefs between protrusions 25 for flexing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back piece of Doty ‘2/Garth et al/Doty ’13 to have the reliefs as taught by Garth ‘698 in order to better fit to the user (Garth ‘698 col 2 ll 40-45).
With respect to claim 12, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 8.
Doty ‘2/Garth et al/Doty ‘13 is silent on wherein the back piece includes at least one relief, the relief being configured to provide flexibility to the back piece.
Garth ‘698 teaches an analogous back piece having at least one relief, the relief being configured to provide flexibility to the back piece (Fig 4, col 2 ll 40-45, reliefs between protrusions 25 for flexing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back piece of Doty ‘2/Garth et al/Doty ’13 to have the reliefs as taught by Garth ‘698 in order to better fit to the user (Garth ‘698 col 2 ll 40-45).
With respect to claim 13, Doty ‘2/Garth et al/Doty ‘13/Garth ‘698 discloses The adjustable cervical collar of claim 12, wherein the back piece includes a plurality of reliefs (Garth ‘698 Fig 4, col 2 ll 40-45, reliefs between protrusions 25 for flexing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the back piece of Doty ‘2/Garth et al/Doty ’13 to have the reliefs as taught by Garth ‘698 in order to better fit to the user (Garth ‘698 col 2 ll 40-45).
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Doty ‘2/Garth et al/Doty ‘13 as applied to claim 8 above, and further in view of US 4,271,999 (“Stravitz”).
With respect to claim 9, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 8, further comprising: a strap (Doty discloses a series of alternative back pieces all usable with the Fig 2, embodiment, Fig 22, strap 525); wherein: the tightening mechanism is adapted and configured to engage with the strap (Doty ‘2, Fig 22, strap 525 engaged slot of tightening mechanism 600).
Doty ‘2/Garth et al/Doty ’13 is silent on and the tightening mechanism can be disengaged and re-engaged from the chest piece or the chin support by a user without adjusting a relative positioning of the tightening mechanism and the strap.
Stravitz teaches an analogous and the tightening mechanism can be disengaged and re-engaged from the chest piece or the chin support by a user without adjusting a relative positioning of the tightening mechanism and the strap (Fig 1, buckle for strap, and thus a tightening system, can be latched and unlatched without removal).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the slot of Doty ‘2/Garth et al/Doty ’13 to have the slopes and accompanying reliefs as taught by Stravitz in order to improve locking of the system (Stravitz col 2 ll 25-35).
With respect to claim 10, Doty ‘2/Garth et al/Doty ‘13 discloses The adjustable cervical collar of claim 8, wherein the chest piece or the chin support define a receptable comprising: a slot (Doty ‘2, Fig 22, slot 610).
Doty ‘2/Garth et al/Doty ‘13 is silent on and a first slope and a second slope adjacent to the slot.
Stravitz teaches an analogous slot for a strap system having a first slope and a second slope adjacent to the slot (Fig 1, slopes 6 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the slot of Doty ‘2/Garth et al/Doty ’13 to have the slopes and accompanying reliefs as taught by Stravitz in order to improve locking of the system (Stravitz col 2 ll 25-35).
With respect to claim 11, Doty ‘2/Garth et al/Doty ‘13/Stravitz discloses The adjustable cervical collar of claim 10, further comprising one or more counter-reliefs at an interface between the slot and the slopes (Stravitz counter reliefs 8 and 9 for slopes 6 and 7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the slot of Doty ‘2/Garth et al/Doty ’13 to have the slopes and accompanying reliefs as taught by Stravitz in order to improve locking of the system (Stravitz col 2 ll 25-35).
Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Doty ‘2/Garth et al/Doty ‘13 as applied to claim 8 above, and further in view of US 2013/0060179 (“Modglin”).
With respect to claim 16, Doty ‘2/Garth et al/Doty ‘13 discloses A method of using the adjustable cervical collar of claim 8, the method comprising:
(b) positioning the back piece on the posterior surface of the subject's neck; and (Doty ‘2, [0147], back panel goes on the back)
c) securing a first portion of the tightening mechanism into the receptacle on the chest piece or the chin support (Doty ‘2 [0148], tighten the straps via the tightening mechanism to secure the system).
Doty ‘2/Garth et al/Doty ’13 is silent on (a) positioning the chest piece against the subject's sternum;
Modglin teaches an analogous collar with the steps of (a) positioning the chest piece against the subject's sternum ([0035], on chest and sterna).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the placement of the chest piece of Doty ‘2/Garth et al/Doty ’13 to be on the sternum as taught by Modglin in order to improve comfort and fit (Modglin [0034]).
With respect to claim 17, Doty ‘2/Garth et al/Doty ‘13/Modglin discloses The method of claim 16 further comprising:(d) adjusting a length of the strap of the tightening mechanism such that a desired tightness is achieved once the first portion of the tightening mechanism is secured into the receptacle (Doty ‘2 [0148], tighten the straps via the tightening mechanism).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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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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/ADAM BAKER/Primary Examiner, Art Unit 3786