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 .
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 telescoping inner and outer members of claims 8 and 10 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.
The drawings are objected to because the present drawings are poor quality photographs or image captures of AutoCAD mockups of the device with poorly drawn reference numbers. Figures should be updated into clean line drawings with clean reference numbers. 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 4 and 10 objected to because of the following informalities: “said extension bar, distal end” should be -said extension bar distal end- (removed what appears to be a typo comma). Appropriate correction is required.
Claim 10 objected to because of the following informalities: double spacing between lines should be applied for readability, and missing comma/semi-colon in line 6. Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: method steps of claim 11 are not provided within the specification with focus on the limitations: “maintaining the patient’s arm in a predetermined position defined by said proximal anchor assembly, said distal anchor assembly, and said extension bar” (this functionality/method step lacking antecedent basis in the specification), “a proximal anchor strap configured for encircling the patient’s upper arm” (encircling lacking antecedence in the specification), “a cuff configured for encircling the patient’s wrist” (encircling lacking antecedence in the specification). Further claim 1 and 10 recite “and configured for maintaining a predetermined distance therebetween” (functionality lacking antecedent basis in the specification). Claims 5 and 10 recite “each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end” (clamping function not clearly recited in specification).
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.
Claim(s) 3, 4-6, 8-10 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 claims 3 and 10, the claims recites:
“said proximal anchor assembly including a bicep pad with an inner face engaging the upper arm over the bicep, an outer face and a proximal anchor tab extending from said bicep pad outer face; and
said proximal anchor assembly including a cuff configured for placement over the wrist, a cuff restraint with an open position for placing the cuff over the wrist and a closed position restraining said wrist in the cuff and a distal anchor tab extending from the cuff”.
“Said proximal anchor assembly” is being used to both describe a bicep pad and a wrist cuff which is inconsistent with earlier reciting the proximal anchor assembly being on an upper arm and a distal anchor assembly for being on a wrist. The claim even further has in the recitation “a distal anchor tab” extending from the cuff. Based on the evidence examiner will actually read the claim as the following:
-said proximal anchor assembly including a bicep pad with an inner face engaging the upper arm over the bicep, an outer face and a proximal anchor tab extending from said bicep pad outer face; and
said distal anchor assembly including a cuff configured for placement over the wrist, a cuff restraint with an open position for placing the cuff over the wrist and a closed position restraining said wrist in the cuff and a distal anchor tab extending from the cuff-.
Regarding claim 4, Claim 4 recites the limitation "said proximate anchor tab", “said extension bar proximate end”, “said distal anchor tab”, “said extension bar distal end”. There is insufficient antecedent basis for these limitations in the claim.
Regarding claim 5, Claim 5 recites “each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end” wherein claim 4 from which claim 5 depends claims the proximate and distal tabs and bar ends, wherein use of “a” herein adds lack of clarity on if these are the same structures of claim 4 or new structures.
Regarding claim 6, Claim 6 recites “said proximal anchor assembly bicep pad” (bicep pad recited in claim 3, claim 6 depends on claim 1). There is insufficient antecedent basis for these limitations in the claim.
Regarding claim 8, Claim 8 recites “said extension bar” (recited as an extension arm in claim 1). There is insufficient antecedent basis for these limitations in the claim. Examiner further notes that while “an extension bar locking mechanism” in claim 8 does not have a clear antecedent basis issue as it is the first recitation of the limitation as whole; the “extension bar” aspect provides slight lack of clarity as claim 1 has an extension arm instead of an extension bar. When Applicant fixes the antecedent basis issue of a “bar”, Examiner advises editing this limitation as well.
Regarding claim 9, Claim 9 recites the limitation "said distal anchor assembly cuff restraint”, “said cuff”. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 10, Claim 10 recites the limitation “said extension bar proximate end”, “said extension bar distal end” and “said extension bar”. There is insufficient antecedent basis for these limitations in the claim. Examiner further notes that while “an extension bar locking mechanism” in claim 10 does not have a clear antecedent basis issue as it is the first recitation of the limitation as a whole; the “extension bar” aspect provides slight lack of clarity as the claim 10 has an extension arm instead of an extension bar first recited. When Applicant fixes the antecedent basis issue of a “bar”, Examiner advises editing this limitation as well.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 4 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Siebrandt (US 1639815 A).
Regarding claim 1, Siebrandt discloses a stabilizing rehabilitation arm brace system (Figures 1-6) comprising:
a proximal anchor assembly 33 configured for placement on a patient’s upper arm generally over the bicep (Figures 1-2, shelf 33 is placed on an upper arm of the user and as shown is over the triceps of the user thus being capable of being placed over the bicep with Figure 2 shows it being partially over the bicep);
a distal anchor assembly 34 configured for placement on the patient’s wrist (Figure 1); and
an extension arm 30/22/14 (Figures 1-6) pivotally connected to said proximal and distal anchor assemblies 33/34 (Page 2 lines 23-38, anchors 33/34 are pivotally connected to the arm 30/22/14 via clamp bolts 39/40) and configured for maintaining a predetermined distance therebetween (Page 2 lines 23-38 and Fig. 1-6, distances can be maintained and locked between the anchor assemblies 33/34).
Regarding claim 2, Siebrandt discloses the invention of claim 1 above.
Siebrandt discloses said proximal anchor 33, said distal anchor 34 and said extension arm 30/22/14 are configured for restricting elbow and wrist movement (Fig 1-6, Page 1 lines 1-23 and claim 1, device is an arm splint for locking the arm and thus elbow and wrist in position, thus restricting movement therein).
Regarding claim 4, Siebrandt discloses the invention of claim 1 above.
Siebrandt discloses a proximate connecting bolt 39 pivotally connecting said proximate anchor tab and said extension bar proximate end 14 (Page 2 lines 23-38 and Fig. 5, clamp bolt 39 pivotally connecting the anchor tab to the extension bar proximate end piece 14); and
a distal anchor bolt 40 pivotally connecting said distal anchor tab and said extension bar distal end 30 (Page 2 lines 23-38 and Fig. 5, clamp bolt 40 pivotally connecting the anchor tab to the extension bar distal end piece 30).
Regarding claim 8, Siebrandt discloses the invention of claim 1 above.
Siebrandt discloses: said extension bar 30/22/14 comprising inner (22) and outer (14) telescoping tubular members (Fig. 1 and 5, inner telescoping member 22 and outer telescoping member 14);
said outer telescoping tubular member 14 comprising an outer arm sleeve 14 (Fig. 5 the tube 14 may be called an outer arm sleeve being a telescoping sleeve over arm portion 22); and
an extension bar locking mechanism 21 (Fig. 5) comprising a quick-release lock 21 mounted on said outer telescoping member 14 (Fig. 5 and Page 1 lines 93 – Page 2 line 12, clamp bolt 21 on member 14 locks the extension bars 22 and 14 position), and
having an open position enabling telescopic movement of said inner and outer members 22/14 for adjusting a length of said extension bar 30/22/14 and a closed position retaining said extension bar in a predetermined length (Fig. 5 and Page 1 lines 93 – Page 2 line 12, an open position being clamping bolt 21 being unclamped therein for moving 22 and 14 telescopically, and a closed position being clamping bolt 21 being operated and clamped thus locking the position).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 3, 6-7 and 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siebrandt (US 1639815 A) in view of Hewes (US 20240415686 A1).
Regarding claim 3, Siebrandt discloses the invention of claim 1 above (see 112b above for claim 3).
Siebrandt further discloses said proximal anchor assembly 33 including a bicep pad 33 (Fig. 1-6) with an inner face engaging the upper arm over the bicep (Fig. 1-6, bicep pad 33 has an inner face for engaging with the upper arm of the user, capable of being over a bicep as shown in Fig. 2), an outer face (Fig. 1-6, bicep pad 33 has an outer face) and a proximal anchor tab extending from said bicep pad outer face (Fig. 1-6, there is an extending tab from the outer face that anchors the pad 33 to the arm 14 using a clamp bolt 39); and
said distal anchor assembly (see 112b) 34 including a cuff 34 configured for placement over the wrist (Fig. 1-6), and a distal anchor tab extending from the cuff 34 (Fig. 1-6, there is an extending tab with a clamp bolt 40 for anchoring to arm 30).
Siebrandt does not disclose a cuff restraint with an open position for placing the cuff over the wrist and a closed position restraining said wrist in the cuff.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous cuff 50 (Fig. 1A-1B, analogous to Siebrandt cuff, wherein the cuff 50 being on a forearm of the user is capable of being also a wrist cuff), wherein there is a cuff restraint 37 (see [0026], ratchet mechanism 37) with an open position for placing the cuff over the wrist ([0026] untightened ratchet being an open position for placement on a user) and a closed position restraining said wrist in the cuff ([0026] tightened ratchet being a closed position thus restraining the body part in the cuff).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the wrist cuff 34 to have the structure of the cuff 50 as taught by Hewes in order to provide improved attachment between the brace and arm of the user when in use (Hewes [0026]).
Regarding claim 6, Siebrandt discloses the invention of claim 1 above
Siebrandt does not disclose said proximal anchor assembly bicep pad, including a pair of slots extending through opposite sides of said bicep pad; and said proximal anchor assembly including a proximal anchor strap extending through said slots and configured for encircling the upper arm.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous proximal anchor assembly bicep pad 10 (Fig. 1-5, analogous upper arm brace 10 that can wrap around a bicep [0022]) including a pair of slots 63 extending through opposite sides of said bicep pad 10 (Fig. 1B and [0031]); and including a proximal anchor strap 100 extending through said slots 63 and configured for encircling the upper arm (Fig. 1B/5A and [0031]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the upper brace 10 structures of Hewes to the proximal anchor assembly bicep pad 33 of Siebrandt in order to provide improved adjustable attachment between the brace and the user.
Regarding claim 7, Siebrandt in view of Hewes discloses the invention of claim 6 above
Hewes further teaches wherein said proximal anchor strap 100 includes a fastener for fastening on itself utilizing one of: hook-and-loop fasteners; snap fasteners; and buckle fasteners (Hewes [0036], adjustable strap has hook and loop fabric for attaching to itself).
Regarding claim 9, Siebrandt discloses the invention of claim 1 above.
Siebrandt does not disclose wherein said distal anchor assembly cuff restraint includes a ratcheting fastener with multiple teeth for adjusting a distal anchor assembly cuff restraint opening size and retaining said cuff on the wrist.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous cuff 50 (Fig. 1A-1B, analogous to Siebrandt cuff, wherein the cuff 50 being on a forearm of the user is capable of being also a wrist cuff), wherein there is a cuff restraint 37 including a ratcheting fastener (see [0026], ratchet mechanism 37) with multiple teeth (Fig. 3) for adjusting a distal anchor assembly cuff restraint opening size and retaining said cuff on the wrist ([0026] untightened ratchet being an open position for placement on a user; tightened ratchet being a closed position thus restraining the body part in the cuff, thus having a changing in restraint opening size and retaining said cuff on a wrist if placed therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the wrist cuff 34 to have the structure of the cuff 50 as taught by Hewes in order to provide improved attachment between the brace and arm of the user when in use (Hewes [0026]).
Regarding claim 10, Siebrandt discloses a stabilizing rehabilitation arm brace system (Figures 1-6) comprising:
a proximal anchor assembly 33 configured for placement on a patient’s upper arm generally over the bicep (Figures 1-2, shelf 33 is placed on an upper arm of the user and as shown is over the triceps of the user thus being capable of being placed over the bicep with Figure 2 shows it being partially over the bicep);
a distal anchor assembly 34 configured for placement on the patient’s wrist (Figure 1); and
an extension arm 30/22/14 (Figures 1-6) pivotally connected to said proximal and distal anchor assemblies 33/34 (Page 2 lines 23-38, anchors 33/34 are pivotally connected to the arm 30/22/14 via clamp bolts 39/40) and configured for maintaining a predetermined distance therebetween (Page 2 lines 23-38 and Fig. 1-6, distances can be maintained and locked between the anchor assemblies 33/34),
said distal anchor 34 and said extension arm 30/22/14 are configured for restricting elbow and wrist movement (Fig 1-6, Page 1 lines 1-23 and claim 1, device is an arm splint for locking the arm and thus elbow and wrist in position, thus restricting movement therein),
a proximate connecting bolt 39 pivotally connecting said proximate anchor tab and said extension bar proximate end 14 (Page 2 lines 23-38 and Fig. 5, clamp bolt 39 pivotally connecting the anchor tab to the extension bar proximate end piece 14); and
a distal anchor bolt 40 pivotally connecting said distal anchor tab and said extension bar distal end 30 (Page 2 lines 23-38 and Fig. 5, clamp bolt 40 pivotally connecting the anchor tab to the extension bar distal end piece 30),
said extension bar 30/22/14 comprising inner (22) and outer (14) telescoping tubular members (Fig. 1 and 5, inner telescoping member 22 and outer telescoping member 14);
said outer telescoping tubular member 14 comprising an outer arm sleeve 14 (Fig. 5 the tube 14 may be called an outer arm sleeve being a telescoping sleeve over arm portion 22); and
an extension bar locking mechanism 21 (Fig. 5) comprising a quick-release lock 21 mounted on said outer telescoping member 14 (Fig. 5 and Page 1 lines 93 – Page 2 line 12, clamp bolt 21 on member 14 locks the extension bars 22 and 14 position), and
having an open position enabling telescopic movement of said inner and outer members 22/14 for adjusting a length of said extension bar 30/22/14 and a closed position retaining said extension bar in a predetermined length (Fig. 5 and Page 1 lines 93 – Page 2 line 12, an open position being clamping bolt 21 being unclamped therein for moving 22 and 14 telescopically, and a closed position being clamping bolt 21 being operated and clamped thus locking the position);
said proximal anchor assembly 33 including a bicep pad 33 (Fig. 1-6) with an inner face engaging the upper arm over the bicep (Fig. 1-6, bicep pad 33 has an inner face for engaging with the upper arm of the user, capable of being over a bicep as shown in Fig. 2), an outer face (Fig. 1-6, bicep pad 33 has an outer face) and a proximal anchor tab extending from said bicep pad outer face (Fig. 1-6, there is an extending tab from the outer face that anchors the pad 33 to the arm 14 using a clamp bolt 39); and
said distal anchor assembly (see 112b) 34 including a cuff 34 configured for placement over the wrist (Fig. 1-6), and a distal anchor tab extending from the cuff 34 (Fig. 1-6, there is an extending tab with a clamp bolt 40 for anchoring to arm 30).
Siebrandt does not disclose a cuff restraint with an open position for placing the cuff over the wrist and a closed position restraining said wrist in the cuff, wherein said distal anchor assembly cuff restraint includes a ratcheting fastener with multiple teeth for adjusting a distal anchor assembly cuff restraint opening size and retaining said cuff on the wrist.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous cuff 50 (Fig. 1A-1B, analogous to Siebrandt cuff, wherein the cuff 50 being on a forearm of the user is capable of being also a wrist cuff), wherein there is a cuff restraint 37 (see [0026], ratchet mechanism 37) with an open position for placing the cuff over the wrist ([0026] untightened ratchet being an open position for placement on a user) and a closed position restraining said wrist in the cuff ([0026] tightened ratchet being a closed position thus restraining the body part in the cuff), wherein the cuff restraint 37 including a ratcheting fastener (see [0026], ratchet mechanism 37) with multiple teeth (Fig. 3) for adjusting a distal anchor assembly cuff restraint opening size and retaining said cuff on the wrist ([0026] untightened ratchet being an open position for placement on a user; tightened ratchet being a closed position thus restraining the body part in the cuff, thus having a changing in restraint opening size and retaining said cuff on a wrist if placed therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the wrist cuff 34 to have the structure of the cuff 50 as taught by Hewes in order to provide improved attachment between the brace and arm of the user when in use (Hewes [0026]).
Siebrandt does not explicitly and directly disclose proximate and distal quick-release tabs mounted on said proximate and distal connecting bolts respectively; and each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end.
However, Siebrandt does disclose show similar clamping bolt 11 (Fig. 1), clamping bolt 38 and 32 (Fig. 2 and 4), clamping bolt 43 (Fig. 2 and 3), and clamping bolt 66 (Fig. 2) each having tabs mounted on and extending from them as shown, wherein one of ordinary skill in the art would recognize these as quick-release tabs as clamping bolts known in the art and within Siebrandt are rotated to release the pivoting lock therein (Page 1 lines 60-76).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the clamping bolts 39 and 40 of Siebrandt being the respective proximate and distal connecting bolts would implicitly have proximate and distal quick-release tabs according to the rest of the disclosure of Siebrandt and the understanding of what and how a clamping bolt functions therein.
Thus, Siebrandt discloses proximate and distal quick-release tabs mounted on said proximate and distal connecting bolts 39/40 respectively; and each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end 14/30 (Page 2 lines 23-38, the clamping bolts 39/40 as seen in Fig. 1-6 clamps the position of the extending tabs from the anchor assemblies 33/34 to the proximal and distal extension bar ends 30 and 14).
Siebrandt does not disclose said proximal anchor assembly bicep pad, including a pair of slots extending through opposite sides of said bicep pad; and said proximal anchor assembly including a proximal anchor strap extending through said slots and configured for encircling the upper arm, said proximal anchor strap includes a fastener for fastening on itself utilizing one of: hook-and-loop fasteners; snap fasteners; and buckle fasteners.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous proximal anchor assembly bicep pad 10 (Fig. 1-5, analogous upper arm brace 10 that can wrap around a bicep [0022]) including a pair of slots 63 extending through opposite sides of said bicep pad 10 (Fig. 1B and [0031]); and including a proximal anchor strap 100 extending through said slots 63 and configured for encircling the upper arm (Fig. 1B/5A and [0031]), said proximal anchor strap 100 includes a fastener for fastening on itself utilizing one of: hook-and-loop fasteners; snap fasteners; and buckle fasteners (Hewes [0036], adjustable strap has hook and loop fabric for attaching to itself).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the upper brace 10 structures of Hewes to the proximal anchor assembly bicep pad 33 of Siebrandt in order to provide improved adjustable attachment between the brace and the user.
Regarding claim 11, Siebrandt discloses a method of stabilizing a patient’s arm and restricting elbow and wrist movement, which method comprises the steps of: (Figures 1-6, arm splint stabilizes and restricts elbow and wrist movement) comprising:
providing a proximal anchor assembly 33 including a bicep pad 33 (Fig. 1-6, shelf 33 applied partially to bicep in Fig. 2);
securing said proximal anchor assembly 33 to the patient’s upper arm (Fig. 1-2);
providing a distal anchor assembly 34 including a cuff 34 configured for encircling the patient’s wrist (Fig. 1, partially encircling wrist) and restraining the wrist against movement (Page 2 lines 54-60, wrist may be locked into a position, thus being restrained);
securing said distal anchor assembly 34 to the patient’s wrist 34 (Fig. 2, shelf 34 shown secured to wrist);
providing an extension bar 30/22/14 with a proximal end 14 pivotally connected to said bicep pad 33 and a distal end 30 pivotally connected to said distal anchor assembly 34 (Fig. 5 and Page 2 lines 23-38 shelves 33/34 are pivotally connected at clamp bolts 39 and 40 which are connected to proximal end 14 and distal end 30 of the extension bar); and
maintaining the patient’s arm in a predetermined position defined by said proximal anchor assembly, said distal anchor assembly and said extension bar (Fig. 1-6 and Page 1 lines 1-15, device splints arm into a predetermine position according to its structures).
Siebrandt does not disclose the proximal anchor assembly including a proximal anchor strap configured for encircling the patient’s upper arm and the bicep pad connected to said proximal anchor strap.
However, Hewes teaches an analogous arm splint 1 (Fig. 1-5) comprising an analogous proximal anchor assembly bicep pad 10 (Fig. 1-5, analogous upper arm brace 10 that can wrap around a bicep [0022]) including a pair of slots 63 extending through opposite sides of said bicep pad 10 (Fig. 1B and [0031]); and including a proximal anchor strap 100 extending through said slots 63 and configured for encircling the upper arm (Fig. 1B/5A and [0031]), said proximal anchor strap 100 includes a fastener for fastening on itself utilizing one of: hook-and-loop fasteners; snap fasteners; and buckle fasteners (Hewes [0036], adjustable strap has hook and loop fabric for attaching to itself).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the upper brace 10 structures of Hewes to the proximal anchor assembly bicep pad 33 of Siebrandt in order to provide improved adjustable attachment between the brace and the user.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Siebrandt (US 1639815 A).
Regarding claim 5, Siebrandt discloses the invention of claim 4 above
Siebrandt does not explicitly and directly disclose proximate and distal quick-release tabs mounted on said proximate and distal connecting bolts respectively; and each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end.
However, Siebrandt does disclose show similar clamping bolt 11 (Fig. 1), clamping bolt 38 and 32 (Fig. 2 and 4), clamping bolt 43 (Fig. 2 and 3), and clamping bolt 66 (Fig. 2) each having tabs mounted on and extending from them as shown, wherein one of ordinary skill in the art would recognize these as quick-release tabs as clamping bolts known in the art and within Siebrandt are rotated to release the pivoting lock therein (Page 1 lines 60-76).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date that the clamping bolts 39 and 40 of Siebrandt being the respective proximate and distal connecting bolts would implicitly have proximate and distal quick-release tabs according to the rest of the disclosure of Siebrandt and the understanding of what and how a clamping bolt functions therein.
Thus, Siebrandt discloses proximate and distal quick-release tabs mounted on said proximate and distal connecting bolts 39/40 respectively; and each said quick-release tab configured for clamping a respective proximate and distal tab to a respective proximate and distal extension bar end 14/30 (Page 2 lines 23-38, the clamping bolts 39/40 as seen in Fig. 1-6 clamps the position of the extending tabs from the anchor assemblies 33/34 to the proximal and distal extension bar ends 30 and 14).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786