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 .
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 15-20 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). In the instant case, in claim 15, applicant has claimed the human body, “the extended end is coupled with a limb of a person”. This is improper, as a human is not patent eligible subject-matter. It is suggested applicant claim this limitation functionally, e.g. “the extended end is configured to be coupled with a limb of a person”. Claims 16-20 rejected for depending from a rejected parent claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-13 and 15-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 and 17-20 of U.S. Patent No. 12109451. Although the claims at issue are not identical, they are not patentably distinct from each other because the limitations of the patent claims correspond to the limitations of the instant claims. The difference being the patent claims are narrower than the instant claims. In effect, the patent claims are a species of the generic instant claims. It has been held that the generic invention is “anticipated” by the “species”. Since the instant claims are anticipated by the patent claims, they are not patentably distinct from the patent claims. See claim mapping below.
Instant Claim
Patent Claim
1. A portable rehabilitation board system comprising: an interface material; a first rehabilitation board comprising: a width from a first side to a second side; a thickness; a top working surface of the first rehabilitation board having a static coefficient of friction with the interface material of no more than about 0.25 according to ASTM 1894;a band plug retainer in the first rehabilitation board and comprising a tapered aperture through the thickness of the first rehabilitation board from a larger bottom surface opening, on the bottom surface of the first rehabilitation board, to a smaller working surface opening, on the working surface of the first rehabilitation board, a resistance band assembly comprising: an elastomeric resistance band having a length from a fixed end to an extended end; a tapered band-plug having an enlarged plug dimension at a plug-end that tapers to a smaller dimension at a band-end of the tapered band-plug; wherein the fixed end of the resistance band is coupled to the tapered band-plug; and wherein the tapered band-plug is retained in the tapered aperture of the band plug retainer with the band end proximal the working surface and the resistance band extending from the tapered plug toward the working surface of the first rehabilitation board.
1. A portable rehabilitation board system comprising: an interface material; a rehabilitation board comprising: a width from a first side to a second side; a thickness; a top working surface of the rehabilitation board having a static coefficient of friction with the interface material of no more than about 0.25 according to ASTM 1894; wherein the static coefficient of friction is effectively low to enable a user's limb to slide easily across the working surface; a band plug retainer in the rehabilitation board and comprising a tapered aperture through the thickness of the rehabilitation board from a larger bottom surface opening, on the bottom surface of the rehabilitation board, to a smaller working surface opening, on the working surface of the rehabilitation board, a resistance band assembly comprising: an elastomeric resistance band having a length from a fixed end to an extended end; a tapered band-plug having an enlarged plug dimension at a plug-end that tapers to a smaller dimension at a band-end of the tapered band-plug; wherein the fixed end of the resistance band is coupled to the tapered band-plug; and wherein the tapered band-plug is retained in the tapered aperture of the band plug retainer with the band end proximal the working surface and the resistance band extending from the tapered plug toward the working surface of the rehabilitation board.
2. The portable rehabilitation board system of claim 1, wherein the first rehabilitation board is a composite rehabilitation board comprising a slide portion that comprises said a top working surface of the first rehabilitation board; and a base portion that is attached to the slide portion.
2. The portable rehabilitation board system of claim 1, wherein the portable rehabilitation board is a composite rehabilitation board comprising a slide portion that comprises said a top working surface of the rehabilitation board; and a base portion that is attached to the slide portion.
3. The portable rehabilitation board system of claim 2, wherein the base portion comprises a non-slip material on a base of said base portion to prevent the first rehabilitation board from sliding during use and wherein the non-slip material has a static coefficient of friction against itself of 0.75 or more.
4. The portable rehabilitation board system of claim 2, wherein the base portion comprises an interior with hollow areas to reduce weight.
3. The portable rehabilitation board system of claim 2, wherein the base portion comprises a non-slip material on a base of said base portion to prevent the rehabilitation board from sliding during use and wherein the non-slip material has a static coefficient of friction against itself of 0.75 or more.
4. The portable rehabilitation board system of claim 2, wherein the base portion comprises an interior with hollow areas to reduce weight.
5. The portable rehabilitation board system of claim 4, wherein the base portion comprises ribs extending within the interior to increase stiffness of the base portion.
5. The portable rehabilitation board system of claim 4, wherein the base portion comprises ribs extending within the interior to increase stiffness of the base portion.
6. The portable rehabilitation board system of claim 5, wherein the slide portion comprises an interior with hollow areas to reduce weight.
6. The portable rehabilitation board system of claim 5, wherein the slide portion comprises an interior with hollow areas to reduce weight.
7. The portable rehabilitation board system of claim 6, wherein the slide portion comprises ribs extending within the interior to increase stiffness of the slide portion.
8. The portable rehabilitation board system of claim 2, wherein the slide portion comprises an interior with hollow areas to reduce weight.
7. The portable rehabilitation board system of claim 6, wherein the slide portion comprises ribs extending within the interior to increase stiffness of the slide portion.
8. The portable rehabilitation board system of claim 2, wherein the slide portion comprises an interior with hollow areas to reduce weight.
9. The portable rehabilitation board system of claim 8, wherein the slide portion comprises ribs extending within the interior to increase stiffness of the slide portion.
9. The portable rehabilitation board system of claim 8, wherein the slide portion comprises ribs extending within the interior to increase stiffness of the slide portion.
10. The portable rehabilitation board system of claim 1, wherein the interface material is a sock.
10. The portable rehabilitation board system of claim 1, wherein the interface material is a sock.
11. The portable rehabilitation board system of claim 1, wherein the interface material is a fabric.
11. The portable rehabilitation board system of claim 1, wherein the interface material is a fabric.
12. The portable rehabilitation board system of claim 1, wherein the interface material is a polymeric pad.
12.The portable rehabilitation board system of claim 1, wherein the interface material is a polymeric pad.
13. The portable rehabilitation board system of claim 1, wherein the interface material is a sock.
Duplicate of Instant claim 10
10. The portable rehabilitation board system of claim 1, wherein the interface material is a sock.
14. The portable rehabilitation board system of claim 1, wherein first rehabilitation board is configured with an interlocking feature comprising a protrusion that extends from at least one side of the rehabilitation board; and further comprising a second rehabilitation board comprising a recess, wherein the protrusion of the first rehabilitation board is configured to fit into the recess of said second rehabilitation to detachably attach the first rehabilitation board to the second rehabilitation board.
No Double Patenting
15. A portable rehabilitation board system comprising: an interface material; a rehabilitation board that is a composite rehabilitation board comprising: a width from a first side to a second side; a thickness; a slide portion comprising a top working surface of the first rehabilitation board having a static coefficient of friction with the interface material of no more than about 0.25 according to ASTM 1894;a base portion attached to the slide portion; an integral band retaining feature comprising a nodule that extends outward from the rehabilitation board ;a resistance band assembly comprising: an elastomeric resistance band having a length from a fixed end to an extended end; wherein the fixed end of the resistance band is coupled to the integral band retaining feature; and wherein the extended end is coupled with a limb of a person; wherein the first rehabilitation board is portable having a size such that it may be easily carried by a single individual.
17.A portable rehabilitation board system comprising: an interface material; a composite rehabilitation board comprising: a width from a first side to a second side; a thickness; a slide portion comprising a top working surface of the rehabilitation board having a static coefficient of friction with the interface material of no more than about 0.25 according to ASTM 1894; wherein the static coefficient of friction is effectively low to enable a user's limb to slide easily across the working surface; a base portion attached to the slide portion; an integral band retaining feature comprising a nodule that extends outward from the rehabilitation board; a resistance band assembly comprising: an elastomeric resistance band having a length from a fixed end to an extended end; wherein the fixed end of the resistance band is coupled to the integral band retaining feature; and wherein the extended end is coupled with a limb of a person; wherein the rehabilitation board is portable having a size such that it may be easily carried by a single individual.
1. A portable rehabilitation board system comprising: an interface material; a first rehabilitation board comprising: a width from a first side to a second side; a thickness; a top working surface of the first rehabilitation board having a static coefficient of friction with the interface material of no more than about 0.25 according to ASTM 1894;a band plug retainer in the first rehabilitation board and comprising a tapered aperture through the thickness of the first rehabilitation board from a larger bottom surface opening, on the bottom surface of the first rehabilitation board, to a smaller working surface opening, on the working surface of the first rehabilitation board, a resistance band assembly comprising: an elastomeric resistance band having a length from a fixed end to an extended end; a tapered band-plug having an enlarged plug dimension at a plug-end that tapers to a smaller dimension at a band-end of the tapered band-plug; wherein the fixed end of the resistance band is coupled to the tapered band-plug; and wherein the tapered band-plug is retained in the tapered aperture of the band plug retainer with the band end proximal the working surface and the resistance band extending from the tapered plug toward the working surface of the first rehabilitation board.
16. The portable rehabilitation board system of claim 15, further comprising a second- end integral band retaining feature comprising a nodule that extends in said length direction from the second end of the rehabilitation board.
18.The portable rehabilitation board system of claim 17, further comprising a second-end integral band retaining feature comprising a nodule that extends in said length direction from the second end of the rehabilitation board.
17. The portable rehabilitation board system of claim 16, further comprising a resistance band that is coupled to the nodule of the first integral band retainer feature, wherein the resistance band is looped around the nodule to retain the resistance band to the nodule.
19. The portable rehabilitation board system of claim 18, further comprising a resistance band that is coupled to the nodule of the first integral band retainer feature, wherein the resistance band is looped around the nodule to retain the resistance band to the nodule
18. The portable rehabilitation board system of claim 15, wherein the first rehabilitation board has a length from a first end to a second end, and comprising a plurality of integral band retaining features including a first integral band retaining feature extending from said first end of the rehabilitation board and a second integral band retaining feature extending from said second end of the first rehabilitation board wherein a slot extends in from the first end of the first rehabilitation board to the band plug retainer; and wherein the first-end integral band retaining feature is a dual retainer feature that enables two modes attachment of a resistance band, whereby the resistance band can be coupled around the nodule or the tapered plug of a resistance band can be inserted and coupled to the band plug retainer.
20. The portable rehabilitation board system of claim 17, wherein the rehabilitation board has a length from a first end to a second end, and comprising a plurality of integral band retaining features including a first integral band retaining feature extending from said first end of the rehabilitation board and a second integral band retaining feature extending from said second end of the rehabilitation board wherein a slot extends in from the first end of the rehabilitation board to the band plug retainer; and wherein the first-end integral band retaining feature is a dual retainer feature that enables two modes attachment of a resistance band, whereby the resistance band can be coupled around the nodule or the tapered plug of a resistance band can be inserted and coupled to the band plug retainer.
19. The portable rehabilitation board system of claim 15, wherein the interface material is a sock.
10. The portable rehabilitation board system of claim 1, wherein the interface material is a sock.
20. The portable rehabilitation board system of claim 15, wherein the interface material is a fabric, the first rehabilitation board is configured with an interlocking feature comprising a protrusion that extends from at least one side of the first rehabilitation board; and further comprising a second rehabilitation board comprising a recess that extends into at least one side of the second rehabilitation board, wherein the protrusion of the first rehabilitation board is configured to fit into the recess of said second rehabilitation to detachably attach the first rehabilitation board to the second rehabilitation board.
No Double Patenting
Allowable Subject Matter
Claim 14 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art Statement
Bussen (US 2012/0115692) is considered to be the closest prior art of record. Referring to Claim 1, Bussen discloses a portable rehabilitation board system comprising: a rehabilitation board; a thickness; a top working surface (FIGs 18-20); a band plug retainer configured proximal an edge of the rehabilitation board and comprising a tapered aperture through the thickness of the rehabilitation board (tapered slots/apertures 4), wherein the band plug retainer is configured to retain a band to the rehabilitation board (see FIG 24); and wherein the rehabilitation board is portable having a size such that it may be easily carried by a single individual (generally sized to be portable via handle 6). Bussen does not teach the remaining limitations of claim 1 and there is no motivation absent improper hindsight to arrive at the instantly claimed invention.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784