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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 1, 2, 4, 7, 9-11, 18, 19, 22, and 23 are objected to because of the following informalities:
“wrapped” in claim 1, line 5 should be amended to recite -–wrap—
“the intervertebral joint” in claim 1, lines 9-10 should be amended to recite –the at least one intervertebral joint—
“vertebra” in claim 2, lines 1 and 2 should be amended to recite –vertebrae—
“the thoracic cage comprises” in claim 4, line 1 should be amended to recite –the anterior ribs components comprises—
“second spine section component” and “second spine section” in claim 7, lines 2 and 3 should be amended to recite –spine section component—
“the vertebrae” in claim 7, line 5 should be amended to recite –the plurality of vertebrae—
“the intervertebral joint” in claim 7, lines 5-6 should be amended to recite –the at least one intervertebral joint—
“the intervertebral joint” in claim 9, line 1 should be amended to recite –the at least one intervertebral joint—
“move of the vertebrae” in claim 9, line 3 should be amended to recite –movement of the plurality of vertebrae—
“butts up” in claim 10, line 3 should be amended to recite –butt up—
“to position” in claim 10, line 3 should be amended to recite –to a position—
“thereby” in claim 11, line 3 should be amended to recite –to thereby—
“the intervertebral joint” in claim 18, lines 1 and 4 should be amended to recite –the at least one intervertebral joint—
“the vertebrae” in claim 19 lines 1 and 2 should be amended to recite –the plurality of vertebrae—
“the intervertebral joint” in claim 19, line 3 should be amended to recite –the at least one intervertebral joint—
“wrapped” in claim 22, line 3 should be amended to recite –wrap—
“the intervertebral joint” in claim 22, lines 8 and 10 should be amended to recite –the at least one intervertebral joint—
“move of the vertebrae” in claim 22, line 12 should be amended to recite –movement of the plurality of vertebrae—
“wrapped” in claim 23, line 3 should be amended to recite –wrap—
“the intervertebral joint” in claim 23, line 8 should be amended to recite –the at least one intervertebral joint—
“butts up” in claim 23, line 11 should be amended to recite –butt up—
“to position” in claim 23, line 12 should be amended to recite –to a position—
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-21 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 1, the claim positively recites the user’s shoulders in line 4. Language such as “configured” or “adapted” is suggested to avoid claiming a human organism.
Regarding claim 6, the claim positively recites the user in line 3, the user’s front in line 4, and the user’s thorax in line 4. Language such as “configured” or “adapted” is suggested to avoid claiming a human organism.
Regarding claim 21, the claim positively recites the user’s sternum in line 12. Language such as “configured” or “adapted” is suggested to avoid claiming a human organism.
Regarding claims 2-5 and 7-20, the claims are rejected under 35 U.S.C. 101 by virtue of their dependence on claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-7, 10, 11, 15, 20, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1.
Regarding claim 1, Bujold discloses an upper body chassis 100/200 to be worn by a user (figs. 1 and 2 and [0078], the upper chassis being interpreted as the torso section 100 and hip section 200), comprising:
a thoracic cage 100 configured to at least partially enclose the user’s thorax (fig. 7 and [0079], torso section 100; as shown in fig. 7 and described in [0084], left and right rib members 140L and 140R extend on each side to the front of the torso, indicating that the torso section 100 at least partially encloses the thorax), the thoracic cage 100 comprising shoulder components 112L/112R and anterior ribs components 140L/140R extending above and below the user’s shoulders (figs. 5-7 and [0081], shoulder member 110 comprises two wing-shaped extensions 112L and 112R, which can be seen in figs. 5 and 6 as being tilted anteriorly such that they are capable of extending above the shoulders; [0084], left and right rib members 140L and 140R extend on each side to the front of the torso, which are interpreted as the anterior ribs components, since they extend under the shoulders/armpits in the anterior direction);
a pelvic cage 200 configured to wrap around the user’s body about the user’s belt line (figs. 1 and 7 and [0088], hip section 200 extends from the lower back all the way to the front of the user and would be capable of wrapping about the user’s belt line, as the belt line is around the hip); and
a lumbar spine component 120 coupling the pelvic cage 200 to the thoracic cage 100 (fig. 7 and [0080], spine assembly 120; the lumbar spine component is interpreted to be the portion of spine assembly 120 extending between the hip section 200 and vertebra 133), the lumbar spine component 120 comprising:
a plurality of vertebrae 133-135 (fig. 7 and [0081], spine assembly 120 comprises a plurality of vertebrae 131 to 136; for purposes of interpretation of dependent claims, only vertebrae 133-135 are interpreted as the “plurality of vertebrae”); and
at least one intervertebral joint 153-154 configured to couple two of the plurality of vertebrae 133-135, the intervertebral joint 153-154 comprising a body providing a plurality of degrees of freedom for movement of the coupled vertebrae 133-135 relative to each other (fig. 7 and [0083], spinal members 131 to 136 are interconnected by resilient members 150 to 155; [00115], the vertebrae moves freely in relation to others in 4 axes).
Bujold is silent on the shoulder components being shoulder bridge components, and the shoulder bridge components and anterior ribs components coupling together up front of the user’s thorax.
However, Leuthardt teaches an upper body chassis 20 (fig. 1 and [0018], chest and abdomen brace 20) comprising analogous shoulder components 102 being shoulder bridge components (fig. 1 and [0022], shoulder webbing 102, which are shoulder bridge components because they connect the posterior and anterior sides of the brace 20), and the shoulder bridge components 102 and analogous anterior ribs components 72/72 coupling together up front of the user’s thorax (fig. 1 and [0022], breastplate 110 connects the shoulder components 102 and side rib components 72 in the front of the torso).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the upper body chassis of Bujold such that the shoulder components are shoulder bridge components, and the shoulder bridge components and anterior ribs components coupling together up front of the user’s thorax, as taught by Leuthardt, to ensure the upper body chassis stays secure around the body, as Bujold’s device is fully secured only around the waist.
Regarding claim 2, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the plurality of vertebrae 133-135 comprising at least three vertebrae (fig. 7), and the at least one intervertebral joint 153-154 comprises at least two intervertebral joints (fig. 7).
Regarding claim 3, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the thoracic cage 100 comprising a first spine section 110 configured to extend in a caudal-cranial direction along the user’s spine, the first spine section 110 being configured to be incompressible in the caudal-cranial direction (fig. 7, the central part of shoulder member 110 (in fig. 7, the portion being directly referenced as element 110) being interpreted as the first spine section; and [00126], the exoskeleton 10 can be made of titanium; since the portion of shoulder member 110 is solid without any internal joints or springs as shown in figs. 7 and 8, it would not compress and/or absorb any force in the caudal-cranial direction; further, [0080] states that the shoulder member 110 transfers load to the spine assembly 120, indicating it does not have any force absorbing function).
Regarding claim 4, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the thoracic cage 100 comprising a first side ribs assembly 140L comprising: an upper rib and a lower rib extending laterally and toward an area anterior to the first spine section 110, the upper rib and the lower rib being rigidly coupled to the first spine section 110 (fig. 7 and [0085], more spinal members could be provided with rib members; thus, there may be a plurality of left rib member 140L, which extend laterally and anteriorly from element 110 of the spine assembly 120; the plurality of left rib members 140L can be considered rigidly coupled to element 110, as the components of the exoskeleton, including the vertebrae and articulations, can be made of rigid materials such as titanium as described in [00126]), and a rib coupling configured to couple the upper rib to the lower rib while providing at least one degree of freedom (the joint 150-155 between the spinal members with each respective rib member can be considered the rib coupling, as they couple the ribs together along the spinal assembly 120 and provide a plurality of degrees of freedom, as described in [00115]).
Regarding claim 5, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the rib coupling being a pivotable coupling ([00115], the joints provide a plurality of degrees of freedom).
Regarding claim 6, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold in view of Leuthardt further teach in combination a second side ribs assembly 140R (fig. 7 of Bujold, there being a right side rib 140R which would also be capable of having multiple ribs as previously discussed with regards to the left side ribs), wherein the first side ribs assembly 140L and the second side ribs assembly 140R extend over opposite sides of the user (fig. 7 of Bujold), and wherein the first side ribs assembly and the second side ribs assembly are coupled to each other at the user’s front, thereby wrapping around the user’s thorax (as previously taught by Leuthardt in fig. 1 and [0022], breastplate 110 connects the shoulder components 102 and side rib components 72 in the front of the torso), to ensure the upper body chassis stays secure around the body, as Bujold’s device is fully secured only around the waist.
Regarding claim 7, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the lumbar spine component 120 comprising a second spine section component configured to extend in a caudal-cranial direction along the user’s spine (fig. 7, the second spine section component being interpreted as the vertebrae and joints between spinal member 133 and joint 155), the second spine section being configured to be: a) at least one of i) expandable and ii) compressible in the caudal-cranial direction; and b) rotatable around a connection line connecting one of the vertebrae 133-135 to one of the intervertebral joint 153-154, the connection line extending in the caudal-cranial direction ([00115], the vertebrae moves freely in relation to others in 4 axes, including rotation).
Regarding claim 10, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the pelvic cage 200 comprising a sacrum component 210/136/155 coupled to the lumbar spine component 120 (fig. 10 and [0089], lower back member 210 is coupled to the lowest extremity of the spine assembly 120; fig. 8, the sacrum component further interpreted to include vertebra 136 and joint 155), the sacrum component 210/136/155 being configured to butt up against the user’s sacrum and to be able to adapt to position and angle of the user’s sacrum as the user moves ([0089], the connection between the lowest spinal member 136 and the lower back member 210 is similar to the connection between the other spinal members 131 to 136, indicating that they move freely relative to each other, as described in in [00115]; thus, the lower back member 210 is capable of adapting to the position and angle of the user’s sacrum).
Regarding claim 11, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the pelvic cage 200 comprising a waist wrapping component 220L/220R, coupled to the sacrum component 210/136/155, configured to wrap around the user’s waist thereby maintaining the sacrum component 210/136/155 abutting the user’s sacrum (figs. 9 and 10 and [0088], the hip section 200 comprises two hip members 220L and 220R which extending all the way to the front of the user).
Regarding claim 15, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the sacrum component 210/136/155 comprising: a sacrum lower body 210 configured to interface with the user’s sacrum (fig. 7, lower back member 210 capable of interfacing with the sacrum); a sacrum upper body 136 rotatably coupled to the sacrum lower body 210 ([0089], the connection between the lowest spinal member 136 and the lower back member 210 is similar to the connection between the other spinal members 131 to 136, indicating that they move freely relative to each other (including rotation), as described in in [00115]); and a coupling component 155 mounted to the sacrum upper body 135, configured to receive a load from the lumbar spine component 120 (fig. 8 and [0090], the hip section 200 transfers the load from the torso section 100 to the leg sections 300L/R; in order for the load to be carried down, it must pass through joint 155, which is the only connector between vertebra 135 and vertebra 136).
Regarding claim 20, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the plurality of vertebrae 133-135 being configured to adjust so that when a load is donned onto the upper body chassis 10, the lumbar spine component 120 leans slightly towards the user’s spine ([00115], the vertebrae moves freely in relation to others in 4 axes, including rotation; thus, the vertebrae would adjust to lean slightly towards the user’s spine if the load were to cause this sort of forward tilting (for example, in fig. 7, if the load were to press down at 142R and L)).
Regarding claim 21, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold in view of Leuthardt further teach in combination the thoracic cage 100 comprising a thoracic spine component (fig. 7 of Bujold, the thoracic spine component being interpreted as the portion of lumbar spine component 120 between the shoulder component 110 and center vertebra 133), the shoulder bridge components 112 (Bujold’s shoulder components 112 previously being taught by Leuthardt as being shoulder bridge components), the anterior ribs components 140R/L comprising a left-side ribs assembly 140L and a right-side ribs assembly 140R (fig. 7 of Bujold and [0084]-[0085], there may be more rib members 140 attached to each spinal member), and a sternum component 110 (fig. 1 of Leuthardt and [0022], breast plate 110);
wherein the shoulder bridge components 112 are connected to a first portion of the thoracic spine component 120 (fig. 8 of Bujold, the shoulder components 112 being connected to the top of the spine assembly 120), and are configured to wrap the user’s thorax above the user’s shoulders (Bujold’s shoulder components 112 previously being taught by Leuthardt as wrapping over the shoulders and torso);
wherein the left-side ribs assembly 140L and the right-side ribs assembly 140R are connected to a second portion of the thoracic spine component that is lower than the first portion (fig. 8 of Bujold, the rib members 140L and 140R are connected to the spine assembly 120 at a point lower than where the shoulder components 112 are connected), the left-side ribs assembly 140L and the right-side ribs assembly 140R being configured to wrap around the user’s thorax about the user’s ribs (Bujold’s ribs 140L/R previously being taught by Leuthardt to wrap around the torso about the user’s ribs to attach to the front plate 110); and
wherein the shoulder bridge components 102, the left-side ribs assembly 72, the right-side ribs assembly 72 couple to the sternum component 110 about the user’s sternum (Leuthardt teaches the analogous shoulder bridge components 102 and the left and right components 72 coupling in front of the user via anterior plate 110, which is capable of being worn about the sternum depending on the anatomy of the user and how the device is worn), to ensure the upper body chassis stays secure around the body, as Bujold’s device is solely fully secured around the waist.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1 further in view of Archer, III US 5,400,801.
Regarding claim 9, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold in view of Leuthardt is silent on the intervertebral joint being configured to prevent the lumbar spine component to bend toward a posterior area while allowing the lumbar spine component to bend toward an anterior area through caudal-cranial movement of the vertebrae away from each other.
However, Archer, III teaches an analogous spine component 122 (fig. 16 and col. 8, lines 7-19, back guard member 122 comprises members 122A-D to transmit load), wherein an analogous intervertebral joint 130 is configured to prevent the spine component 122 to bend toward a posterior area while allowing the spine component 122 to bend toward an anterior area through caudal-cranial movement of the vertebrae 122A-D away from each other (figs. 16 and 22 and col. 9, line 51-col. 10, line 8, the movement of posts 130 in holes 129 allow for flexion of the spine anteriorly, and backward flexion could be completely eliminated; flexion of the back guard 122 would inherently cause each member 122A-D (i.e., the analogous vertebrae) to move away from each other at least partially in the caudal-cranial direction, as flexion along the spine occurs in this direction).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the upper body chassis of Bujold in view of Leuthardt such that the intervertebral joint is configured to prevent the lumbar spine component to bend toward a posterior area while allowing the lumbar spine component to bend toward an anterior area through caudal-cranial movement of the vertebrae away from each other, as taught by Archer, III, to prevent spine fracture resulting from overbending in the posterior direction.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1 further in view of Hiemenz et al. US 2014/0224849 A1.
Regarding claim 12, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the waist wrapping component 220L/220R comprising two belt extremities 220L and 220R (figs. 9 and 10 and [0088], the hip section 200 comprises two hip members 220L and 220R which extending all the way to the front of the user), a closure component 224L/224R configured to releasably couple and maintain coupling of the two belt extremities 220L/220R (fig. 9 and [0088], fasteners 224L and 224R attach left and right hip members 220L and 220R to form a belt).
Bujold in view of Leuthardt is silent on the waist wrapping component comprising a 3D shape assembly of strands configured for the waist belt to interface with a plurality of: a depression of the user’s sacral region; protrusions of the user’s iliac crests; the user’s anterior inferior iliac spines (ASIS); and a depression under the user’s abdomen.
However, Hiemenz teaches an analogous waist wrapping 12 (fig. 3 and [0026], lower body adapter 12) comprising a 3D shape assembly of strands configured for the waist belt 12 to interface with a plurality of: a depression of the user’s sacral region; protrusions of the user’s iliac crests; the user’s anterior inferior iliac spines (ASIS); and a depression under the user’s abdomen ([0026], the lower body adapter 12 is a waist belt that can be made of fabric, and fabric is a 3D material made of strands; this fabric is capable of interfacing with the claimed areas of the body depending on the shape of the body and how tight the belt is wrapped around the torso).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the waist wrapping component of Bujold in view of Leuthardt with a 3D shape assembly of strands configured for the waist belt to interface with a plurality of: a depression of the user’s sacral region; protrusions of the user’s iliac crests; the user’s anterior inferior iliac spines (ASIS); and a depression under the user’s abdomen, as taught by Hiemenz, to provide a comfortable and conformable inner surface of the belt.
Claim(s) 16 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1 further in view of Segal et al. US 2009/0254015 A1.
Regarding claim 16, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold further discloses the sacrum component 210/136/155 comprising a sacrum body 210/136 and a pair of wings extending laterally from the sacrum body 210/136 (please see annotated fig. A below, where the wings are the left and right portions of the lower back member 210), wherein the wings are configured to interface with the user’s back (fig. 9, the wing portions of the lower back member 210 being capable of interfacing with the user’s back when worn).
Bujold in view of Leuthardt is silent on the wings being coupled pivotably to the sacrum body.
However, Segal teaches an analogous sacrum body 200 (fig. 9 and [0082], spinal support 200 has arms that encircle the pelvis, indicating that the support 200 is used on the lower back) comprising wings 324/325 coupled pivotably to the sacrum body 200 (fig. 9 and [0085], [0108], pivots 324 and 325 provide arms 204 and 205 with an appropriate range of motion, and the embodiment specifically shown in fig. 9 provides swiveling in directions to allow the user to quickly place the brace in position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the wings of Bujold in view of Leuthardt to be coupled pivotably to the sacrum body, as taught by Segal, to allow the user to quickly and easily place the brace into position ([0108]).
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Regarding claim 17, Bujold in view of Leuthardt further in view of Segal discloses the claimed invention as discussed above.
Bujold and Segal further teach in combination the sacrum body 210/136 comprising a sacrum lower body 210 and a sacrum upper body 136 coupled rotatably to each other ([0089] of Bujold, the connection between the lowest spinal member 136 and the lower back member 210 is similar to the connection between the other spinal members 131 to 136, indicating that they move freely relative to each other (including rotation), as described in in [00115]); wherein rotatable coupling of the sacrum upper body 136 and sacrum lower body 210 defines a first axis (annotated fig. A, since the joint between elements 136 and 210 provides full freedom, including rotation, as discussed previously, the first axis is interpreted as the caudal-cranial axis as delineated by the dashed line); wherein rotatable coupling of the wings 324/325 to the sacrum body 200 defines a second axis (fig. 9 of Segal, the wings 324/325 pivot about axes going into the page, which are axes that run caudal-cranially on the left and right sides of the lower back); and wherein the first axis and the second axis are parallel (both Bujold’s first axis and Segal’s second axes run caudal-cranially, with Bujold’s being located centrally along the spine, and Segal’s being located on the left and right sides of the spine, such that the axes are parallel), to allow a user to quickly and easily place the brace into position ([0108] of Segal).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1 further in view of Milbank US 7,785,325 B1.
Regarding claim 18, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold in view of Leuthardt is silent on the intervertebral joint comprising: a first extremity and a second extremity; and a body connecting the first extremity to the second extremity, the body providing a plurality of degrees of freedom to the intervertebral joint for movement of the extremities relative to each other.
However, Milbank teaches an analogous articulating medical device (fig. 6 and col. 1, lines 30-33) comprising an analogous joint 110/140/140 comprising: a first extremity 140 and a second extremity 140; and a body 110 connecting the first extremity 140 to the second extremity 140, the body 110 providing a plurality of degrees of freedom to the joint 110/140/140 for movement of the extremities 140/140 relative to each other (fig. 6 and col. 5, lines 23-28; col. 6, lines 47-51; the ball and socket joint formed by bullet-shaped elements 140/140 and cylinder 110 would provide the joint 110/140/140 with a plurality of degrees of freedom).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the intervertebral joint of Bujold in view of Leuthardt with a first extremity and a second extremity; and a body connecting the first extremity to the second extremity, the body providing a plurality of degrees of freedom to the intervertebral joint for movement of the extremities relative to each other, as taught by Milbank, providing the lumbar spine component with greater flexibility and ability to articulate.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Leuthardt et al. US 2005/0245854 A1 further in view of Burnett et al. US 9,504,307 B1.
Regarding claim 19, Bujold in view of Leuthardt discloses the claimed invention as discussed above.
Bujold in view of Leuthardt is silent on the vertebrae comprising a first element and a second element configured to be assembled together to couple the vertebrae to the intervertebral joint.
However, Burnett teaches a spine support 10 (fig. 1 and col. 1, lines 64-67) comprising analogous vertebrae 18 comprising a first element 30 and a second element 32 configured to be assembled together to couple the vertebrae 18 to the intervertebral joint 20 (fig. 2 and col. 3, lines 32-37).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the vertebrae of Bujold in view of Leuthard to comprise a first element and a second element configured to be assembled together to couple the vertebrae to the intervertebral joint, as taught by Burnett, to allow the spine assembly to be easily disassembled and cleaned or replaced if needed.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Archer, III US 5,400,801.
Regarding claim 22, Bujold discloses an upper body chassis 100/200 to be worn by a user (figs. 1 and 2 and [0078], the upper chassis being interpreted as the torso section 100 and hip section 200), comprising:
a thoracic cage 100 configured to at least partially enclose the user’s thorax (fig. 7 and [0079], torso section 100; as shown in fig. 7 and described in [0084], left and right rib members 140L and 140R extend on each side to the front of the torso, indicating that the torso section 100 at least partially encloses the thorax);
a pelvic cage 200 configured to wrap around the user’s body about the user’s belt line (figs. 1 and 7 and [0088], hip section 200 extends from the lower back all the way to the front of the user and would be capable of wrapping about the user’s belt line, as the belt line is around the hip); and
a lumbar spine component 120 coupling the pelvic cage 200 to the thoracic cage 100 (fig. 7 and [0080], spine assembly 120, which can be seen in the figure extending from hip section 200 all the way to the top of torso section 100), the lumbar spine component 120 comprising:
a plurality of vertebrae 131-136 (fig. 7 and [0081], spine assembly 120 comprises a plurality of vertebrae 131 to 136); and
at least one intervertebral joint 150-155 configured to couple two of the plurality of vertebrae 131-136, the intervertebral joint 150-155 comprising a body providing a plurality of degrees of freedom for movement of the coupled vertebrae 131-136 relative to each other (fig. 7 and [0083], spinal members 131 to 136 are interconnected by resilient members/bodies 150 to 155; [00115], the vertebrae moves freely in relation to others in 4 axes).
Bujold is silent on the intervertebral joint being configured to prevent the lumbar spine component to bend toward a posterior area while allowing the lumbar spine component to bend toward an anterior area through caudal-cranial movement of the vertebrae away from each other.
However, Archer, III teaches an analogous spine component 122 (fig. 16 and col. 8, lines 7-19, back guard member 122 comprises members 122A-D to transmit load), wherein an analogous intervertebral joint 130 is configured to prevent the spine component 122 to bend toward a posterior area while allowing the spine component 122 to bend toward an anterior area through caudal-cranial movement of the vertebrae 122A-D away from each other (figs. 16 and 22 and col. 9, line 51-col. 10, line 8, the movement of posts 130 in holes 129 allow for flexion of the spine anteriorly, and backward flexion could be completely eliminated; flexion of the back guard 122 would inherently cause each member 122A-D (i.e., the analogous vertebrae) to move away from each other at least partially in the caudal-cranial direction, as flexion along the spine occurs in this direction).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the upper body chassis of Bujold such that the intervertebral joint is configured to prevent the lumbar spine component to bend toward a posterior area while allowing the lumbar spine component to bend toward an anterior area through caudal-cranial movement of the vertebrae away from each other, as taught by Archer, III, to prevent spine fracture resulting from overbending in the posterior direction.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bujold et al. WO 2015192240 A1 in view of Segal et al. US 2009/0254015 A1.
Regarding claim 23, Bujold discloses an upper body chassis 100/200 to be worn by a user (figs. 1 and 2 and [0078], the upper chassis being interpreted as the torso section 100 and hip section 200), comprising:
a thoracic cage 100 configured to at least partially enclose the user’s thorax (fig. 7 and [0079], torso section 100; as shown in fig. 7 and described in [0084], left and right rib members 140L and 140R extend on each side to the front of the torso, indicating that the torso section 100 at least partially encloses the thorax);
a pelvic cage 200 configured to wrap around the user’s body about the user’s belt line (figs. 1 and 7 and [0088], hip section 200 extends from the lower back all the way to the front of the user and would be capable of wrapping about the user’s belt line, as the belt line is around the hip); and
a lumbar spine component 120 coupling the pelvic cage 200 to the thoracic cage 100 (fig. 7 and [0080], spine assembly 120, which can be seen in the figure extending from hip section 200 all the way to the top of torso section 100), the lumbar spine component 120 comprising:
a plurality of vertebrae 131-135 (fig. 7 and [0081], spine assembly 120 comprises a plurality of vertebrae 131 to 136; only vertebrae 131-135 are interpreted as the “plurality of vertebrae”); and
at least one intervertebral joint 150-154 configured to couple two of the plurality of vertebrae 131-135, the intervertebral joint 150-154 comprising a body providing a plurality of degrees of freedom for movement of the coupled vertebrae 131-135 relative to each other (fig. 7 and [0083], spinal members 131 to 136 are interconnected by resilient members 150 to 155; [00115], the vertebrae moves freely in relation to others in 4 axes),
wherein the pelvic cage 200 comprises a sacrum component 210/136/155 coupled to the lumbar spine component 120 (fig. 10 and [0089], lower back member 210 is coupled to the lowest extremity of the spine assembly 120; fig. 8, the sacrum component further interpreted to include vertebra 136 and joint 155), the sacrum component 210/136/155 being configured to butt up against the user’s sacrum and to be able to adapt to position and angle of the user’s sacrum as the user moves ([0089], the connection between the lowest spinal member 136 and the lower back member 210 is similar to the connection between the other spinal members 131 to 136, indicating that they move freely relative to each other, as described in in [00115]; thus, the lower back member 210 is capable of adapting to the position and angle of the user’s sacrum), and
wherein the sacrum component 210/136/155 comprises a sacrum body 210/136 and a pair of wings extending laterally from the sacrum body 210/136 (annotated fig. A, where the wings are the left and right portions of the lower back member 210), wherein the wings are configured to interface with the user’s back (fig. 9, the wing portions of the lower back member 210 being capable of interfacing with the user’s back when worn).
Bujold is silent on the wings being coupled pivotably to the sacrum body.
However, Segal teaches an analogous sacrum body 200 (fig. 9 and [0082], spinal support 200 has arms that encircle the pelvis, indicating that the support 200 is used on the lower back) comprising wings 324/325 coupled pivotably to the sacrum body 200 (fig. 9 and [0085], [0108], pivots 324 and 325 provide arms 204 and 205 with an appropriate range of motion, and the embodiment specifically shown in fig. 9 provides swiveling in directions to allow the user to quickly place the brace in position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the wings of Bujold to be coupled pivotably to the sacrum body, as taught by Segal, to allow the user to quickly and easily place the brace into position ([0108]).
Conclusion
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/MICHELLE J LEE/ Primary Examiner, Art Unit 3786