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, 7, 9, and 10 are objected to because of the following informalities:
“device defining adjacent” in claim 1, lines 1-2 should be amended to recite --device comprising: adjacent--”
“wherein intersection” in claim 7, line 1 should be amended to recite --wherein the intersection--
“Physical therapy calf stretching exercise” in claim 9, line 1 should be amended to recite --A physical therapy calf stretching exercise method--
“the surfaces” in claim 9, line 3 should be amended to recite --the standing surfaces--
“Physical therapy calf stretching exercise” in claim 10, line 1; claim 14, line 1 should be amended to recite --The physical therapy calf stretching exercise method--
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 10 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.
Regarding claim 7, the term “approximately” in line 2 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claim 10, the term “approximately” in line 2 is a relative term which renders the claim indefinite. The term “approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
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 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pagliaro US 2014/0100086 A1 in view of Tsakiris US 2010/0035733 A1.
Regarding claim 1, Pagliaro discloses a physical therapy calf stretching exercise device 2 (fig. 3 and [0003], calf stretching device that helps to increase flexibility and promote rehabilitation) defining adjacent standing surfaces (fig. 3 and [0026], the long section 32 comprises two planar surfaces each defining a foot rest; thus, the slanted surfaces of long section 32 on each side of midline M are the adjacent standing surfaces, as depicted in annotated fig. A below) defines an inclination angle with a ground plane (fig. 3 and [0029], the bottom edges of the triangular side panels 24 are seated on the floor such that the long section 32 (which comprises the standing surfaces as determined above) ramps upward from the floor at an angle within a range of 25-35 degrees) and wherein the standing surfaces slope laterally to define an intersection angle θ therebetween of between 210 and 230 deg (annotated fig. A, the intersection of the standing surfaces at midline M forms an angle θ; [0026], angle θ may be 200-220 degrees, most preferably 210 degrees), and wherein the device 2 defines an angle between lower edges of the standing surfaces at the ground plane (please see annotated fig. B below, which shows the lower edges of standing surfaces that would meet the floor at an angle when positioned on the ground as described in [0029] and previously discussed; these lower edges meet at an angle in the center).
Pagliaro is silent on the angle between the lower edges being a right angle.
However, Tsakiris teaches an analogous calf stretching device 10 (fig. 1 and [0020], corner unit calf stretcher 10) comprising an angle 14 between lower edges being a right angle 14 (fig. 2 and [0020], a 90 degree angle 14 is defined by two 90 degree edges 16 and 18 that form the side walls 28 and 30 of upstanding curbs 20 and 22; thus, the lower edges of the edges 16/18 meet at the right angle 14; please note the claim does not require the lower edges to meet at a right angle, and Tsakiris’ edges 16/18 define a right angle therebetween).
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 angle between the lower edges of Pagliaro to be a right angle, as taught by Tsakiris, to allow the device to be used in a corner and use what otherwise would be considered dead space ([0007]).
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Regarding claim 7, Pagliaro in view of Tsakiris discloses the claimed invention as discussed above.
Pagliaro further teaches the intersection angle θ being approximately 220 deg ([0026], angle θ may be 200-220 degrees).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pagliaro US 2014/0100086 A1 in view of Tsakiris US 2010/0035733 A1 further in view of Amis US 2020/0324164 A1.
Regarding claim 9, Pagliaro in view of Tsakiris discloses the claimed invention as discussed above.
Pagliaro further discloses a physical therapy calf stretching exercise using the exercise device 2 as claimed in claim 1 (fig. 6 and [0036], the user may use stretching device 2) comprising standing with each foot on a respective standing surface so that inclination and lateral slope of the surfaces hold the feet in a dorsiflexed varus stance ([0036], the user shifts their weight onto the device as they stand on the long section 32; based on figs. 3 and 6, when the user places their feet onto the long section 32, due to the longitudinally ramped nature of long section 32 as well as the laterally ramped nature forming the intersection angle at the midline M, the feet would necessarily be in a dorsiflexed varus stance).
Pagliaro is silent on placing the lower edges of the surfaces in a corner.
However, Tsakiris further teaches placing the lower edges 16/18 of the analogous surfaces 24/26 in a corner ([0020], the side walls 28 and 30 along with edges 16 and 18 engage the intersection of two abutting walls).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the method of Pagliaro in view of Tsakiris with the step of placing the lower edges of the surfaces in a corner, as taught by Tsakiris, to allow the device to be used in a corner and use what otherwise would be considered dead space ([0007]).
Pagliaro in view of Tsakiris is silent on standing with at least one of back and buttocks resting against corner surfaces.
However, Amis teaches using a calf stretching device 100 (fig. 3 and [0026], calf-stretching device 100) by standing with at least one of back and buttocks resting against the wall ([0031], the device 100 is used in a back-to-the-wall technique where the user leans against the wall).
Thus, as Pagliaro in view of Tsakiris already teach the device being against the corner, modifying the user to lean back against the wall would result in the back resting against the corner surfaces of the wall, rather than a flat wall.
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 method of Pagliaro in view of Tsakiris to include standing with at least one of back and buttocks resting against corner surfaces, as taught by Amis, so that the user is prevented from a backward fall during use.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pagliaro US 2014/0100086 A1 in view of Tsakiris US 2010/0035733 A1 further in view of Amis US 2020/0324164 A1 and Muroff et al. US 2020/0069507 A1.
Regarding claim 10, Pagliaro in view of Tsakiris further in view of Amis discloses the claimed invention as discussed above.
Pagliaro in view of Tsakiris further in view of Amis is silent on standing with the feet approximately hip width apart.
However, Muroff teaches stretching the calves (fig. 5 and [0046], the user gently stretches the calves using a pair of devices 10) including standing with the feet approximately hip width apart ([0046], the user initially stands hip-width apart).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the method of Pagliaro in view of Tsakiris further in view of Amis with the step of standing with the feet approximately hip width apart, as taught by Muroff, to prevent injury due to imbalance in the hips.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pagliaro US 2014/0100086 A1 in view of Tsakiris US 2010/0035733 A1 further in view of Amis US 2020/0324164 A1 and Russell US 4,253,661.
Regarding claim 14, Pagliaro in view of Tsakiris further in view of Amis discloses the claimed invention as discussed above.
Pagliaro in view of Tsakiris further in view of Amis is silent on shifting bodyweight alternately between each foot.
However, Russell teaches exercising the calves (fig. 1 and col. 3, lines 24-29) including shifting bodyweight alternately between each foot (col. 3, lines 24-29, the user shifts weight and alternately lifts the legs).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided the method of Pagliaro in view of Tsakiris further in view of Amis with the step of shifting bodyweight alternately between each foot, as taught by Russell, to provide repetitive stretching without undue strain on a single calf.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHELLE J LEE whose telephone number is (571)270-7303. The examiner can normally be reached 9 AM - 5 PM.
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/MICHELLE J LEE/ Primary Examiner, Art Unit 3786