Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 3/14/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “handgrip” and “fasteners” in claim 24 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 19 is objected to because of the following informalities:
In claim 19, last line, rephrase “plane;” to read –plane.--.
Appropriate correction is required.
Claim Interpretation
4. The term “substantially”, such as in claim 23, is defined as largely but not necessarily wholly what is specified and includes what is specified (Specification, Paragraph 17).
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 9-12, 14-15, 20-22, and 24 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.
Claim 9, line 7, recites “an upper portion” which is unclear if this limitation is a double inclusion of the same “upper portion” in claim 9, line 3 or a different structure. For examination purposes, rephrase “an upper portion” in line 7 to read --the upper portion--.
Claims 20-22 recites the limitation "the first cross-sectional plane"; “the second cross-sectional plane”; and “the third cross-sectional plane”. There is insufficient antecedent basis for these limitations in the claims. For examination purposes, rephrase claims 20-22 to depend on claim 19 instead of claim 16.
Regarding claim 24, the claim limitation recites “fasteners coupled to lower portion and to attach to the upper portion” as set forth in claim 24, wherein the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim, such that the claim is indefinite as it is also unclear how a fastener of the lower portion under a mattress and on top of a table (in either of Applicants embodiment of Figure 1 or embodiment of Figure 7) is capable of having a fastener that then also attaches to the upper portion. Specification, Paragraph 49 recites fasteners on bottom side of lower portion to cupper to patient support table 10, but does not clearly describe any fastener connection upwards towards the upper portion. For examination purposes, in claim 24 rephrase “a handgrip coupled to the upper portion of the unitary body; and fasteners coupled to the lower portion of the unitary body and configured to attach to the upper portion of the unitary body to secure the upper portion in a stationary position” to read --a handgrip coupled to the upper portion of the unitary body; and fasteners coupled to the lower portion of the unitary body --.
Additionally Applicant may:
(a) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claims 10-12 and 14-15 are rejected for being dependent on an indefinite claim.
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, 3-4, 6, 9-11, 15-16, 19, and 22-23, as best understood given by the 35 USC 112(B) above, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fischer (US Patent No. 5785057).
Regarding claim 1, Fischer (embodiment of Figure 1) discloses an arm support 10 (Col. 3, lines 13-66, Col. 4, lines 1-33 and Figures 1-2: single layer thick-arm support 10 for a patient’s arm, such as in a pronated position during an IV surgical procedure ) for supporting a patient's arm during a cardiac catheterization procedure (Col. 5, line 28), the arm support 24 comprising: a unitary body (Col. 3, lines 13-66, Col. 4, lines 1-33 and annotated Figure 1 below: single layer thick unitary body of lower base portion 38,42, upper portion 28, a second end 34,36, a first end opposite the second end 34,36, a proximal side to contact the user’s arm, and a distal side) defining: a lower portion 38,42 an upper portion 28, a first end , a second end 34,36, a proximal side, and a distal side; where the lower portion38,42 of the unitary body defines a mount 38,42 (Col. 3, lines 13-66, Col. 4, lines 1-33 and Figures 1-2: mount 38 with distal side surface contacting/coupled to a surgical table 14 and proximal side surface of mount 38 has a mattress 16 thereon) configured to be coupled to a patient support 14,16 such that the upper portion 28,42 of the unitary body is supported above at least a part of the patient support 14,16 (Figure 2); and where the upper portion 28 of the unitary body defines a support surface 28 (Figures 1-2: proximal side of sleeve support 28 forms contacting arm support surface) extending between the first and second ends 34,36, the support surface 28 shaped to support a patient's forearm (Col. 3, lines 31-40 and Figures 1-3, sleeve-like member 28 for fitting around at least a portion of the upper appendage 12 of the patient. The sleeve-like member 28 can include an elongated housing 30, thereby receiving patient’s hand, forearm, elbow) with the patient's corresponding wrist in either a supinated (Figures 1-2: arm support 24 receives wrist in pronated position as shown, and is inherently capable of receiving arm in supinated position as well) or pronated position.
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Regarding claim 1, Fischer (embodiment of Figure 4) discloses an arm support 24 (Col. 5, lines 5-34 and Figure 4: single layer thick-arm support 24 for a patient’s arm, such as in a pronated position during an IV surgical procedure) for supporting a patient's arm during a cardiac catheterization procedure (Col. 5, line 28), the arm support 24 comprising: a unitary body (Col. 4, lines 10-12, Col. 5, lines 5-34 and see annotated Figure 4 below: single layer thick unitary body of lower base portion 38,42, upper portion 28, a second end 34,36, a first proximal end opposite the second end 34,36, a proximal side, and a distal side)defining: a lower portion 38,42, an upper portion 28, a first end, a second end 34,36, a proximal side, and a distal side; where the lower portion 38,42 of the unitary body defines a mount 38,42 (Col. 3, lines 13-66, Col. 4, lines 1-33 and Figures 2 and 4: mount 38 with distal side surface contacting/coupled to a surgical table 14 and proximal side surface of mount 38 has a mattress 16 thereon) configured to be coupled to a patient support 14,16 such that the upper portion 28 of the unitary body is supported above at least a part of the patient support 14,16; and where the upper portion 28 of the unitary body defines a support surface 28 extending between the first and second ends 34,36, the support surface 28 shaped to support a patient's forearm (Col. 3, lines 31-40 and Figures 3-4, sleeve-like member 28 for fitting around at least a portion of the upper appendage 12 of the patient. The sleeve-like member 28 can include an elongated housing 30, thereby receiving patient’s hand, forearm, elbow, and upper arm) with the patient's corresponding wrist in either a supinated (Figure 4: arm support 24 receives wrist in pronated position as shown, and is inherently capable of receiving arm in supinated position as well) or pronated position.
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Regarding claim 3, Fischer (embodiment of Figure 1) discloses the invention as described above and further discloses where the support surface 28 is defined by the proximal side (see annotated Figure 1 above) of the unitary body.
Regarding claim 4, Fischer (embodiment of Figure 1) discloses the invention as described above and further discloses where the mount 38,42 includes an upright portion 42 and a lateral portion 38, the proximal side (see annotated Figure 1 above) of the upright portion 42 faces in a first direction and the lateral portion 38 extending away from the upright portion 42 in the first direction.
Regarding claim 6, Fischer (embodiment of Figure 1) discloses the invention as described above and further discloses where the unitary body comprises a single layer (Col. 5, lines 5-34 and Figure 4: single layer thick-material spanning arm support 24) of material spanning the upper 28 and lower portions 38,42.
Regarding claim 9, Fischer discloses an arm support 24 (Col. 5, lines 5-34 and Figure 4: single layer thick-arm support 24 for a patient’s arm, such as in a pronated position during an IV surgical procedure) for supporting a patient's arm during a cardiac catheterization procedure (Col. 5, line 28), the arm support 24 comprising: a unitary body (Col. 4, lines 10-12, Col. 5, lines 5-34 and see annotated Figure 4 below: single layer thick unitary body of lower base portion 38,42, upper portion 28, a second end 34,36, a first proximal end opposite the second end 34,36, a proximal side, and a distal side) defining: a lower portion 38,42, an upper portion 28, a first end, and a second end 34,36; where the lower portion 38,42 of the unitary body defines a mount 38,42 (Col. 3, lines 13-66, Col. 4, lines 1-33 and Figures 2 and 4: mount 38 with distal side surface contacting/coupled to a surgical table 14 and proximal side surface of mount 38 has a mattress 16 thereon) configured to be coupled to a patient support 14,16 such that the upper portion 28,42 of the unitary body is supported above at least a part of the patient support 14,16; and the upper portion 28,42 defining a support surface 28 , the support surface 28 (Col. 3, lines 31-40 and Figures 3-4, sleeve-like member 28 for fitting around at least a portion of the upper appendage 12 of the patient. The sleeve-like member 28 can include an elongated housing 30, thereby receiving patient’s hand, forearm, elbow, and upper arm) including: an elbow support portion (see annotated Figure 4 below); an upper support portion (see annotated Figure 4 below) extending from the elbow support portion toward the first end of the unitary body; and a forearm support portion (see annotated Figure 4 below) extending from the elbow support portion toward the second end 34,36 of the unitary body; where, when the lower portion 38,42 is coupled to a patient support 14,16 the forearm support portion of the support surface 28 extends upward (Figure 4: upward extending end 34 of forearm support portion at second end 34 furthest away from elbow support portion) from at least part of the patient support as the distance from the elbow support portion increases.
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Regarding claim 10, Fischer discloses the invention as described above and further discloses where the forearm support portion (see annotated Figure 4 above) of the surface support 28 has a greater length than the upper support portion.
Regarding claim 11, Fischer discloses the invention as described above and further discloses where the unitary body (Col. 5, lines 5-34 and see annotated Figure 4 above) further defines :a distal side; and a proximal side; where at least a portion of the proximal side (Col. 5, lines 5-34 and see annotated Figure 4 above, proximal side mounts with bed mattress 16, such that when a user is configured to lay on bed mattress adjacent to the arm support 24, the proximal side thereby faces the patient ) is configured to face the patient and at least a portion of the distal side is configured to face away from the patient.
Regarding claim 15, Fischer discloses the invention as described above and further discloses where the support surface 28 includes a wrist support portion (see annotated Figure 4 below) extending from the forearm support portion in a direction toward the second end 34,36 and configured to support a patient's wrist in a supinated or pronated position.
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Regarding claim 16, Fischer discloses an arm support 24 (Col. 5, lines 5-34 and Figure 4: single layer thick-arm support 24 for a patient’s arm, such as in a pronated position during an IV surgical procedure) for supporting a patient's arm during a cardiac catheterization procedure (Col. 5, line 28), the arm support 24 comprising: a unitary body (Col. 4, lines 10-12, Col. 5, lines 5-34 and see annotated Figure 4 below: single layer thick unitary body of lower base portion 38,42, upper portion 28, a second end 34,36, a first proximal end opposite the second end 34,36, a proximal side, and a distal side to contact the user’s arm thereon) defining: a lower portion 38, an upper portion 28,42, a first end, a second end 34,36, a proximal side, and a distal side; where the lower portion 38,42 of the unitary body defines a mount 38,42 (Col. 3, lines 13-66, Col. 4, lines 1-33 and Figures 2 and 4: mount 38 with distal side surface contacting/coupled to a surgical table 14 and proximal side surface of mount 38 has a mattress 16 thereon) configured to be coupled to a patient support 14,16 such that the upper portion 28,42 of the unitary body is supported above at least a portion of the patient support 14,16 ; and where the upper portion 28,42 of the unitary body defines a support surface 28 (Figure 4: distal side of sleeve support 28 forms contacting arm support surface) extending between the first and second ends 34,36, the support surface28 shaped to extend over a portion of the patient such that the distal side of the unitary body is oriented upward to define the support surface 28 to support the patient's arm in either a supinated (Figure 4: arm support 24 receives wrist in pronated position as shown, and is inherently capable of receiving arm in supinated position as well) or pronated position.
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Regarding claim 19, Fischer discloses the invention as described above and further discloses a first cross-sectional plane (see annotated Figure 4 above); a second cross-sectional plane (see annotated Figure 4 above), closer to the second end 34,36 than the first cross-sectional plane; and a third cross-sectional plane (see annotated Figure 4 above) between the first cross-sectional plane and the second cross-sectional plane.
Regarding claim 22, Fischer discloses the invention as described above and further discloses where the upper portion 28 of the unitary body has an inflection point (see annotated Figure 4 above, inflection point at third cross sectional plane due to a curved inflection lip that curves to secure the medial/lateral side of the user’s arm in the pronated/supinated position) at the third cross sectional plane.
Regarding claim 23, Fischer discloses the invention as described above and further discloses where a portion of the upper portion 28 extends in substantially the same direction (Figure 4, portions of upper portion 28 and lower portion 38 extend in same horizontal directions) as a portion of the lower portion 38,42.
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 5 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 1 and 9, respectively in view of Ericson (US Patent No. 2782427).
Regarding claim 5, Fischer (embodiment of Figure 4) discloses the invention as described above and further discloses where; the support surface 28 includes an elbow support portion (Col. 3, lines 31-40 and see annotated Figure 4 below); where, when the unitary body is coupled to the patient support 14,16; and where the elbow support portion is closer to a first part (Col. 3, lines 31-40 and Figure 4, upper arm support) of the support surface 28 between the elbow support portion and the first end than to the second part (Col. 3, lines 31-40 and Figures 1-3, forearm support)of the support surface 28 between the elbow support portion and the second end 34,36.
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However, Fischer fails to explicitly disclose the elbow support portion of the support surface being lower than the first part and the second part.
Ericson teaches an analogous arm support 1 (Col. 1, line 48-54 and Figures 1-3, arm support 1 with elbow support portion 4, forearm support portion 5, and upper arm support portion 3, wherein the elbow support portion 4 is inferior to the upper arm support portion 3 and forearm support portion 5) wherein the analogous elbow support portion 4 of the analogous support surface 3,4,5 being lower than the analogous first part 5 and the analogous second part 3.
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 superior-inferior height of the elbow support surface of the support surface of Fischer, so that the elbow support portion of the support surface being lower than the first part and the second part, as taught by Ericson, in order to provide an improved arm support that is recessed lower/inferior relative to the forearm first part and upper arm second part allowing for reduced pressure at the elbow and increased comfortability for the patient (Ericson, Col. 1, line 54).
Regarding claim 12, Fischer discloses the invention as described above but fails to explicitly disclose (1) where the upper support portion of the support surface extends downward toward at least part of the patient support and towards the elbow support portion; (2) extending downward with decreasing distance from the elbow support portion.
Ericson teaches an analogous arm support 1 (Col. 1, line 48-54 and Figures 1-3, arm support 1 with elbow support portion 4, forearm support portion 5, and upper arm support portion 3, wherein the elbow support portion 4 is inferior to the upper arm support portion 3 and forearm support portion 5) wherein where the analogous upper support portion 3 of the analogous support surface 3,4,5 extends downward toward at least part of the analogous patient support (Col. 1, line 48-54 and Figures 1-3, arm support 1 pillow with user laying on a patient support bed) and towards the analogous elbow support portion 4.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a superior-inferior height of the elbow support surface relative to the upper support portion of the support surface of Fischer, so that the upper support portion of the support surface extends downward toward at least part of the patient support and towards the elbow support portion, as taught by Ericson, in order to provide an improved arm support that is recessed lower/inferior relative to the forearm first part and upper arm second part allowing for reduced pressure at the elbow and increased comfortability for the patient (Ericson, Col. 1, line 54).
However, the combination of Fischer in view of Ericson fails to explicitly disclose (2) extending downward with decreasing distance from the elbow support portion.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify shape steepness of the downward extension of the upper support portion to the elbow support of Fischer in view of Ericson, so that there is downward extension with decreasing distance from the elbow support portion, since there is no evidence of record that establishes that changing the shape steepness of the upper support portion-elbow support portion would result in a difference in function of the device of Fischer in view of Ericson. In the instant case, the device of Fischer in view of Ericson would not operate differently with the claimed steepness and since the elbow support portion is intended to be recessed relative to the upper support portion, as taught by Ericson, the device would continue to function appropriately having the claimed steepness of the recess. Lastly, applicant has not disclosed that the claimed steepness solves any stated problem, merely indicating in Paragraph 35 that the height “may” increase, while offering other acceptable alternative embodiments (Paragraphs 13 and 43 reciting “in some embodiments” and “in other configurations upper support portion is parallel to patient support” thereby indicating that no downward extension or curvature is also acceptable) and therefore there appears to be no criticality placed on the range as claimed such that it produces an unexpected result. See MPEP 2144.04(IV)(B) changes in shape design choice; In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 9, in view of Gentile (U.S. Patent Pub. No. 20150061342).
Regarding claim 14, Fischer discloses the invention as described above and further discloses where the upper portion 28 of the unitary body, from bottom to top, sequentially: extends in a proximal direction (see annotated Figure 4 above, surface 28 extends in proximal direction over and towards table 14/mattress 16) over at least a portion of the patient support 14,16.
However, Fischer fails to explicitly disclose after extending a proximal direction over at least the portion of the patient support, bending toward a distal direction; and extends in a distal direction such that the support surface is defined by the proximal side of upper portion of the unitary body.
Gentile teaches an analogous arm support (Paragraphs 27, 29 and Figure 1 and 3-4, arm support with lower portion 10,15,16 for coupling with patient support mattress 30 and upper portion 12,13,14 for supporting user’s arm) where analogous the upper portion 12,13,14, from bottom to top, sequentially: extends in the analogous proximal direction (Figures 3-4, upper portion 12,13,14 extends in proximal direction over and towards mattress pad 30) over at least a portion of the analogous patient support 30; bends (Figure 4, bending towards distal direction away from mattress pad 30 formed between surfaces 13 and 14) toward a distal direction; and extends in a distal direction such that the analogous support surface 14 is defined by the analogous proximal side of analogous upper portion 12,13,14.
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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 upper portion of the unitary body of Fischer, so that after extending a proximal direction over at least the portion of the patient support, bending toward a distal direction; and extends in a distal direction such that the support surface is defined by the proximal side of upper portion, as taught by Gentile, in order to provide an improved arm support with an enhanced proximal and distal configuration wherein the upper portion forms an S-shape for desirably extending from the lower portion and providing a proximal side surface for the user’s arm to be supported, increasing strength and stability (Gentile, Paragraphs 27 and 29).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 16, in view of Wyrozub (U.S. Patent No. 8745790).
Regarding claim 17, Fischer discloses the invention as described above and further discloses where the lower portion 38,42 of the unitary body is rigid (Col. 4, lines 12-15, rigid integral unitary body 22,24).
However, Fischer fails to explicitly disclose wherein the upper portion of the unitary body is flexible.
Wyrozub teaches an analogous arm support (Col. 2, lines 23-42 and Figure 3, one-piece integral arm support 10 formed of mount portion 14,18 and arm support portion 20) wherein the analogous arm support portion 20 of the analogous unitary body is flexible (Col. 2, lines 23-42, arm support portion cradle 20 made of fiber glass which is construed as a flexible material), with a different material forming the analogous mount portion 14,18 (Col. 2, lines 23-42, mount portion 14,18 made of different material, such as plastic) .
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 arm support/upper portion of the unitary body of Fischer, so that the material of the arm support portion is different than the material of the mount portion and the wherein the arm support portion of the unitary body is flexible, as taught by Wyrozub, in order to provide an improved arm support with an enhanced arm support/upper portion that is formed of a different material than the mount portion and is flexible for desirable use during X-ray without interference (Wyrozub, Col. 2, lines 23-42), as well as for comfortably conforming to user’s arm.
Claims 18 is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 16, in view of Patel (U.S. Patent Pub. No. 20050101895 ).
Regarding claim 18, Fischer discloses the invention as described above but fails to explicitly disclose where the upper portion comprises flexible carbon fiber sheets, ballistic nylon or vinyl reinforced with vinyl mesh.
Patel teaches an analogous arm support 100 (Paragraph 21 and Figure 1, arm support 100 formed with arm support portion 110,120) wherein the analogous arm support portion 110,120 comprises flexible carbon fiber sheets (Paragraph 23, arm support portion cradle 110,120 made of flexible carbon fiber).
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 arm-support/upper portion of the unitary body of Fischer, so that the material of the arm support portion is flexible carbon fiber, as taught by Patel, in order to provide an improved arm support with an enhanced arm support/upper portion that is formed as flexible carbon fiber for desirable material properties that comfortably conforms with user’s arm (Patel, Paragraph 23).
Claim 20, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 16, in view of Baker (U.S. Patent Pub. No. 20150108292 ).
Regarding claim 20, Fischer discloses the invention as described above but fails to explicitly disclose where: a radius of curvature of the unitary body at the third cross-sectional plane is smaller than a radius of curvature of the unitary body at the second cross-sectional plane; and the radius of curvature of the unitary body at the third cross-sectional plane is greater than a radius of curvature of the unitary body at the first cross-sectional plane.
Baker teaches an analogous arm support 10 (Paragraph 29 and Figure 5, arm support 10) where: a radius of curvature (Paragraph 29 and see annotated Figure 5 below, the width Wd of cradle 18 closer to second end 22 at second cross section plane is smaller than width Wp, such that the shoulder 16 forms a larger radius of curvature relative to vertical upright 12 at this second cross sectional plane. Then the middle third cross sectional plane has shoulder 16 radius of curvature relative to upright 12 that is smaller than that of the second cross-sectional plane but larger than that of the first cross-sectional plane) of the analogous unitary body at the analogous third cross-sectional plane (see annotated Figure 5 below) is smaller than a radius of curvature of the analogous unitary body at the analogous second cross-sectional plane (see annotated Figure 5 below); and the radius of curvature of the analogous unitary body at the analogous third cross-sectional plane is greater than a radius of curvature of the analogous unitary body at the analogous first cross-sectional plane (see annotated Figure 5 below).
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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 radius of curvature of the upper portion with an upright portion of the lower portion at the first, second, and third cross-sectional planes of Fischer, so that the a radius of curvature of the unitary body at the third cross-sectional plane is smaller than a radius of curvature of the unitary body at the second cross-sectional plane; and the radius of curvature of the unitary body at the third cross-sectional plane is greater than a radius of curvature of the unitary body at the first cross-sectional plane, as taught by Baker, in order to provide an improved arm support with an enhanced upper portion having desirable radius of curvature relative to upright portion of the lower portion with increasing radius of curvature towards the second end for desirable securement and freedom of the user’s arm (Baker, Paragraph 29).
Claim 21, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 16, in view of Williams (U.S. Patent Pub. No. 20200275783 ).
Regarding claim 21, Fischer discloses the invention as described above but fails to explicitly disclose where the upper portion has a greater width at the third cross-sectional plane than at the first or second cross- sectional plane.
Williams teaches an analogous arm support (Paragraphs 17, 19 and Figures 2, 17, 29, and 32: arm support 100 with lower portion 165 and upper portion 120,145,130 ) where the analogous upper portion 120,145,130 has a greater width (Paragraph 19 and Figures 2, 17, 29, and 32: width of 9.5 inches at third cross section, which is greater than width of 7.5 in at second cross section and width of 4in at first cross section) at the analogous third cross-sectional plane (see annotated Figure 17 below) than at the first or second cross- sectional plane (see annotated Figures 19 and 32 below).
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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 width at the at the first, second, and third cross-sectional planes of Fischer, so that the upper portion has a greater width at the third cross-sectional plane than at the first or second cross- sectional plane, as taught by Williams, in order to provide an improved arm support with an enhanced upper portion that is sized to comfortably receive the user’s upper arm, elbow, forearm, and hand with desirable width allowing for greatest freedom near center/third cross sectional plane and tapering towards ends therefrom for increased stability of the upper arm and lower arm of the patient (Williams, Paragraph 19).
Claim 24, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Fischer (US Patent No. 5785057), as applied to claim 16, in view of Englander (U.S. Patent No. 4836523).
Regarding claim 24, Fischer discloses the invention as described above and further discloses a handgrip 48 (Col. 4, lines 54-56 and Figures 3-4, contoured natural hand grip 48 coupled to upper portion 28) coupled to the upper portion 28 of the unitary body;
However, Fischer fails to explicitly disclose fasteners coupled to the lower portion.
Englander teaches an analogous arm support (Col. 2, lines 55-67, Col. 3, lines 1-33 and Figures 1 and 6: arm support 10 with upper portion 14 and lower portion 20, with lower portion 20 having fastener pins 46 to be revied in corresponding opening of patient support table) fasteners 46 coupled to the analogous lower portion 20.
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 lower portion with the patient support of Fischer, so that there are fasteners coupled to the lower portion, as taught by Englander, in order to provide an improved arm support with an enhanced lower portion having fasteners for secure and releasable attachment to the patient support table without falling off during use (Englander, Col. 2, lines 55-67 and Col. 3, lines 1-33).
Conclusion
17. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Siggson (US 3658345 A) teaches an arm support.
Conclusion
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786