Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 11/26/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation is: “crank system” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof. The term “system” followed by functional language is a generic placeholder for the phrase “means for”. For examination purposes, “crank system” in claim 1 is interpreted as a crank, a first pulley, a second pulley, and a belt running in an infinite loop between the first pulley and the second pulley, wherein the crank is operable to move the belt along the infinite loop (Page 6, Paragraph 1), or equivalent structure capable of performing the claimed function.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-18 and 20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 8 recite the limitation "the first knee brace” and claim 16, line 2, recites the limitation “the knee brace”. There is insufficient antecedent basis for these limitation in the claims. For examination purposes, rephrase in claim 1 and 16 to read --the first knee brace assembly--.
The term “mesh-like” in claims 5-6 and 17 is a relative term which renders the claim indefinite. The term “like” 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. For examination purposes, to define the meets and bounds, rephrase “mesh-like” to read –mesh--.
The term “sufficient” in claims 20 is a relative term which renders the claim indefinite. The term “sufficient” 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. For examination purposes, to define the meets and bounds, remove the term “sufficient” from the claim.
Claims 2-4, 7-15, and 18 is rejected for being dependent on an indefinite claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 19 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Torrie et al. (U.S. Patent Pub. No. 20070161935).
Regarding claim 19, Torrie discloses a modular hip distractor 10 (Paragraphs 37, 40, 44, and Figures 1 and 8, hip distractor 10 with first and second leg beam spars 102,262 having a shin/calf cuff 182 for stabilizing the knee) comprising first 102 and second 262 leg support members configured to support first and second legs of a patient disposed on an operating bed 12 (Paragraph 26, and Figure 1, wherein at least one of the first 102 and second 262 leg support members includes a knee brace assembly 182 configured to reduce a force exerted on a knee of the first leg of the patient while a hip of the first leg of the patient is distracted in the modular hip distractor 10.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2, 4, 10-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) and in further view of Wheeler (U.S. Patent Pub. No. 20130118371).
Regarding claim 1, Matta discloses a modular hip distractor 200 (Paragraph 22 and Figure 3, hip and leg distractor 200 with first leg support member 204 and second leg support 206) comprising: a first leg support member 204 extending from a first proximal end at a junction 205 (Paragraph 22 and Figure 4, ball joint 205 provides pivot junction of first leg support 204 and second leg support 206 with surgical table bed 202) to a first distal end (Figure 3, distal end of leg support 204) ; a second leg support member 206 extending from a second proximal end at the junction 205 to a second distal end (Figure 3, distal end of leg support 206); a first foot brace 712 (Paragraph 34 and Figure 3, foot boot 712) on the first leg support member 204; and a crank system 208 (Paragraph 22 and Figure 3, traction crank 212 mechanism 208 for providing traction to move foot brace 712) configured to move the first foot brace 712 along the first leg support member 204; wherein the junction 205 is configured to extend from, or otherwise attach to, an operating bed 202.
However, Matta fails to explicitly disclose (1) a first knee brace assembly on the first leg support member between the first proximal end and the first foot brace; (2) the first foot brace and the first knee brace assembly in concert along .
Aboujaoude teaches an analogous modular hip distractor 100 (Paragraph 67 and Figure 2, modular hip and leg positioner 100) comprising a first knee brace assembly 160,200 (Paragraph 67 and Figure 2, thigh and calf frames 160,200 forming a knee brace assembly attached on the leg support member 140,165,210,220) on the analogous leg support member 140,165,210,220 between the first proximal end (Paragraph 67 and Figure 2, proximal end at table clamp cam-lock 105) and the first foot brace 240,255 (Paragraph 67 and Figure 2).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first leg support member of Matta, so that there is also a first knee brace assembly on the first leg support member between the first proximal end and the first foot brace, as taught by Aboujaoude, in order to provide an improved modular hip distractor with an enhanced leg support member that has both a distal foot brace as well as a thigh and calf frames that optimally stabilize the user’s knee on the leg support during operation (Aboujaoude, Paragraph 67).
Although the combination of Matta in view of Aboujaoude discloses an actuator crank drive (Matta, Paragraph 22: crank actuator 212) with rail and track mechanism (Matta, Paragraph 22: traction mechanism 208), a knee brace carrier (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200), and a separate foot brace carrier slider (Matta, Paragraph 22: adjustable foot brace 712 on track 24), the combination of Matta in view of Aboujaoude fails to explicitly disclose (2) the first foot brace and the first knee brace assembly move along in concert.
Wheeler teaches an analogous rail and track mechanism (embodiment of Figures 1 and 6 with Paragraph 49: driving the sliders 5/carriages 4,8 solely by the carry belt 7. Figure 6 shows that each end of the track 2 has a pulley 14. Pulleys 14 are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) wherein a similar actuator drive (Paragraph 49, and Figures 1 and 6, pulleys 14 are mechanically actuatable) and belt 7, the belt 7 extending within the similar track support member 2 in an infinite loop between a first pulley 14 near the distal end (Fig. 6) and a second pulley 14 near the proximal end (Fig. 6), wherein the belt 7 is movable in the infinite loop by rotation of the similar actuator drive such that the analogous carrier 4,5,6,8 and the analogous sperate carrier slider 4,5,6,8, move along in concert (Paragraph 49 and Figure 6, each carrier slider 4,5,6,8 moves same distance when belt 7 is driven by pulleys 14).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the knee brace carrier and separate foot brace carrier slider with the rail and track mechanism of Matta in view of Aboujaoude, so that the carrier and the separate carrier slider move along in concert, as taught by Wheeler, in order to provide an improved modular hip distractor with an enhanced rail and track mechanism that provides pulleys at ends with a belt that is driven by the pulleys to move the individual carrier sliders in sync along the track for desirable motion and control (Wheeler, Paragraph 49).
Regarding claim 2, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the first knee brace assembly (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) comprises a first cuff (Aboujaoude: 160) and a second cuff (Aboujaoude: 200), wherein the first cuff (Aboujaoude: 160) is disposed along the first leg support member (Matta, Paragraph 22: leg support 204; Aboujaoude, Paragraph 67 and Figure 2, leg support 140,165,210,220) between the junction (Matta, Paragraph 22: junction 205; Aboujaoude, Paragraph 67 and Figure 2, junction 105) and the second cuff (Aboujaoude: 200).
Regarding claim 4, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the first cuff (Aboujaoude: 160) and the second cuff (Aboujaoude: 200)define openings (Aboujaoude, Paragraph 67 and Figure 2) substantially axially parallel with a longitudinal axis of the first leg support member (Matta, Paragraph 22: leg support 204; Aboujaoude, Paragraph 67 and Figure 2, leg support 140,165,210,220).
Regarding claim 10, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the first knee brace assembly (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) is movable longitudinally (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction via crank 212; Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200 moveable on leg support 140,210; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) along a track (Matta, Paragraph 22: track of leg support 204; Aboujaoude, Paragraph 67 and Figure 2, track of leg support 140,165,210,220; Wheeler, Paragraph 49, and Figures 1 and 6, track 2) in the first leg support member (Matta, Paragraph 22: leg support 204; Aboujaoude, Paragraph 67 and Figure 2, leg support 140,165,210,220), and the first foot brace (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction) is movable longitudinally along the track.
Regarding claim 11, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the first knee brace assembly (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) and the first foot brace (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction) are configured to move upon movement of a belt (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction via crank 212; Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200 moveable on leg support 140,210; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) within the first leg support member 204 (Matta, Paragraph 22: leg support 204).
Regarding claim 12, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses a crank (Matta: 212) (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction via crank 212; Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200 moveable on leg support 140,210; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) and belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6, infinite loop belt 7 is located within track 2 when forming a return at end pulleys 14 of track 2), the belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6) extending within the first leg support member (Matta, Paragraph 22: leg support 204) in an infinite loop between a first pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6) near the distal end and a second pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6) near the proximal end, wherein the belt 7(Wheeler, Paragraph 49, and Figures 1 and 6) is movable in the infinite loop by rotation of the crank Matta, Paragraph 22:, crank actuator 212; Wheeler, Paragraph 49, and Figures 1 and 6, actuator of pulley 14).
Regarding claim 13, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses a knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5) connected to a knee brace sliding member (Aboujaoude, Paragraph 67 and Figure 2: sliding member 150,190 on track 140; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2 via sliding member 5) disposed on a track (Matta, Paragraph 22 and see Annotated Figure 3 below: track of leg support 204; Aboujaoude, Paragraph 67 and Figure 2, track of leg support 140,165,210,220; Wheeler, Paragraph 49, and Figures 1 and 6, track 2) on a surface of the first leg support member 204 (Matta, Paragraph 22: leg support 204), wherein the knee brace sliding member is connected to the belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6, infinite loop belt 7); and a foot brace base (Matta, Paragraph 22 and see Annotated Figure 3 below, foot brace base; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5) connected to a foot brace sliding member (Matta, Paragraph 22 and see Annotated Figure 3 below, sliding member; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2 via sliding member 5) disposed on the track (Matta, Paragraph 22 and see Annotated Figure 3 below: track of leg support 204; Aboujaoude, Paragraph 67 and Figure 2, track of leg support 140,165,210,220; Wheeler, Paragraph 49, and Figures 1 and 6, track 2) and connected to the belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6, infinite loop belt 7); wherein the first knee brace assembly 160,200 (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) is connected to the knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5), and the first foot brace 712 (Matta, Paragraph 22 and see Annotated Figure 3 below) is connected to the foot brace base; and wherein the knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5) and the foot brace base (Matta, Paragraph 22 and see Annotated Figure 3 below, foot brace base; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5) are configured to move in concert (Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2 synchronously) upon movement of the belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6) in the infinite loop.
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Regarding claim 14, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5 via tab bolt through channel of sliding member 5) includes a first tab that fits within a channel of the knee brace sliding member (Aboujaoude, Paragraph 67 and Figure 2: sliding member 150,190 on track 140; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2 via sliding member 5), and the foot brace base (Matta, Paragraph 22 and see Annotated Figure 3 below, foot brace base; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5 via tab bolt through channel of sliding member 5) includes a second tab that fits within a channel of the foot brace sliding member (Matta, Paragraph 22 and see Annotated Figure 3 below, sliding member; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2 via sliding member 5).
Regarding claim 15, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5 and connector piece 6 that partially surrounds the track 2) is attached to a knee brace connector piece so as to surround the first leg support member (Matta, Paragraph 22: leg support 204), and the foot brace base (Matta, Paragraph 22 and see Annotated Figure 3 below, foot brace base; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5 and connector piece 6 that partially surrounds the track 2) is attached to a foot brace connector piece so as to surround or encircle the first leg support member (Matta, Paragraph 22: leg support 204).
Regarding claim 16, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the first foot brace 712 (Matta, Paragraph 22 and see Annotated Figure 3 above) is attached to the foot brace base (Matta, Paragraph 22 and see Annotated Figure 3 above) through a foot brace support structure(Matta, Paragraph 22 and see Annotated Figure 3 above), and the knee brace base (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames bases 155,195; Wheeler, Paragraph 49, and Figures 1 and 6, base 4 connected to sliding member 5 and connector piece 6 that partially surrounds the track 2) is attached to the first knee brace assembly 160,200 (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) through a knee brace support structure (Aboujaoude, see Annotated Figure 2 below).
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Regarding claim 18, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above and further discloses wherein the crank system (Matta: 212) (Matta, Paragraph 22: foot brace 712 moveable along leg support 204 to provide traction via crank 212; Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200 moveable on leg support 140,210; Wheeler, Paragraph 49, and Figures 1 and 6, rail/track-slider mechanism with end pulleys 14 that are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) comprises a crank (Matta: 212), a first pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6) , a second pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6) , and a belt 7 (Wheeler, Paragraph 49, and Figures 1 and 6, infinite loop belt 7 is located within track 2 when forming a return at end pulleys 14 of track 2) running in an infinite loop between the first pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6) and the second pulley 14 (Wheeler, Paragraph 49, and Figures 1 and 6), wherein the crank (Matta: 212) is operable to move the belt along (Matta, Paragraph 22:, crank actuator 212; Wheeler, Paragraph 49, and Figures 1 and 6, actuator of pulley 14) the infinite loop.
Regarding claim 20, Matta discloses a method of performing a hip distraction (Paragraph 22 and Figure 3, hip and leg distractor 200 with first leg support member 204 and second leg support 206), the method comprising: configuring a patient in a supine position; securing a foot of the first leg in a foot brace 712 (Paragraph 34 and Figure 3, foot boot 712); and pulling traction(Paragraph 22 and Figure 3, traction crank 212 mechanism 208 for providing traction to move foot brace 712) on the first leg by pulling a sufficient force the foot brace 712 to cause separation of a femoral head of the first leg from an acetabulum of the first leg.
However, Matta fails to explicitly disclose (1) securing a knee joint of a first leg of the patient with a knee brace assembly, wherein the knee brace assembly comprises a first cuff configured to receive a thigh region of the first leg and a second cuff configured to receive a calf region of the first leg; (2) pulling a sufficient force simultaneously to the knee brace assembly and the foot brace.
Aboujaoude teaches an analogous modular hip distractor 100 (Paragraph 67 and Figure 2, modular hip and leg positioner 100) comprising a first knee brace assembly 160,200 (Paragraph 67 and Figure 2, thigh and calf frames 160,200 forming a knee brace assembly attached on the leg support member 140,165,210,220) on the analogous leg support member 140,165,210,220 between the first proximal end (Paragraph 67 and Figure 2, proximal end at table clamp cam-lock 105) and the first foot brace 240,255 (Paragraph 67 and Figure 2) wherein securing a knee joint of a first leg of the patient with the knee brace assembly 160,200, wherein the knee brace assembly 160,200 comprises a first cuff 160 configured to receive a thigh region of the first leg and a second cuff 200 configured to receive a calf region of the first leg.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first leg support member of Matta, so that there is also a first knee brace assembly on the first leg support member between the first proximal end and the first foot brace, so as to secure a knee joint of a first leg of the patient with a knee brace assembly, wherein the knee brace assembly comprises a first cuff configured to receive a thigh region of the first leg and a second cuff configured to receive a calf region of the first leg, as taught by Aboujaoude, in order to provide an improved modular hip distractor with an enhanced leg support member that has both a distal foot brace as well as a thigh and calf frames that optimally stabilize the user’s knee on the leg support during operation (Aboujaoude, Paragraph 67).
Although the combination of Matta in view of Aboujaoude discloses an actuator crank drive (Matta, Paragraph 22: crank actuator 212) with rail and track mechanism (Matta, Paragraph 22: traction mechanism 208), a knee brace carrier (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200), and a separate foot brace carrier slider (Matta, Paragraph 22: adjustable foot brace 712 on track 24), the combination of Matta in view of Aboujaoude fails to explicitly disclose (2) pulling a sufficient force simultaneously to the knee brace assembly and the foot brace.
Wheeler teaches an analogous rail and track mechanism (embodiment of Figures 1 and 6 with Paragraph 49: driving the sliders 5/carriages 4,8 solely by the carry belt 7. Figure 6 shows that each end of the track 2 has a pulley 14. Pulleys 14 are mechanically actuatable to move belt 7 to slide carriages 8 on track 2) wherein a similar actuator drive (Paragraph 49, and Figures 1 and 6, pulleys 14 are mechanically actuatable) and belt 7, the belt 7 extending within the similar track support member 2 in an infinite loop between a first pulley 14 near the distal end (Fig. 6) and a second pulley 14 near the proximal end (Fig. 6), wherein the belt 7 is movable in the infinite loop by rotation of the similar actuator drive such that pulling a sufficient force simultaneously (Paragraph 49 and Figure 6, each carrier slider 4,5,6,8 moves same distance when belt 7 is driven by pulleys 14) to the analogous carrier 4,5,6,8 and the analogous sperate carrier slider 4,5,6,8.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the knee brace carrier and separate foot brace carrier slider with the rail and track mechanism of Matta in view of Aboujaoude, pulling a sufficient force simultaneously to the carrier and separate carrier, as taught by Wheeler, in order to provide an improved modular hip distractor with an enhanced rail and track mechanism that provides pulleys at ends with a belt that is driven by the pulleys to move the individual carrier sliders in sync along the track for desirable motion and control (Wheeler, Paragraph 49).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371), as applied to claim 2, and in further view of Peters (U.S. Patent No. 5139477 ).
Regarding claim 3, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above but fails to explicitly disclose wherein the first cuff has a first diameter, the second cuff has a second diameter, and the first diameter is larger than the second diameter.
Peters teaches an analogous knee brace (Col. 5, lines 19-29 and Figure 1, knee support 100 with larger diameter thigh cuff section 11,8a compared to calf cuff section 12,8b) wherein the analogous first cuff 11,8a has a first diameter, the analogous second cuff 12,8b has a second diameter, and the first diameter is larger than the second diameter.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a size of the first and second cuffs of Matta in view of Aboujaoude in view of Wheeler, so that the first cuff has a first diameter, the second cuff has a second diameter, and the first diameter is larger than the second diameter, as taught by Peters, in order to provide an improved modular hip distractor with an enhanced first and second cuff that are sized tapered relative to one another to tightly and comfortably conform to the user’s larger thigh and smaller calf (Peters, Col. 5, lines 19-29).
Claim 5, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371), as applied to claim 2, and in further view of Summit et al. (U.S. Patent Pub. No. 20100268135).
Regarding claim 5, the combination of Matta in view of Aboujaoude in view of Wheeler discloses the invention as described above but fails to explicitly disclose wherein each of the first cuff and the second cuff are mesh structures.
Summit teaches an analogous knee brace (Paragraphs 4, 77, 109, and Figure 22, knee orthotic with calf and thigh cuffs with ventilation holes forming a mesh shape) wherein each of the analogous first cuff (Paragraphs 4, 77, 109, and Figure 22, thigh cuff orthotic) and the analogous second cuff (Paragraphs 4, 77, 109, and Figure 22, calf cuff orthotic) are mesh structures.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a structural shape of the first and second cuffs of Matta in view of Aboujaoude in view of Wheeler, so that each of the first cuff and the second cuff are mesh-like structures, as taught by Summit, in order to provide an improved modular hip distractor with an enhanced first and second cuffs that are mesh shaped allowing for ventilation therethrough to the user’s leg for desirable breathability (Summit Paragraphs 4, 77, 109).
11. Claim 6, as best understood given by the 35 USC 112(B) above, is rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371) in view of Summit et al. (U.S. Patent Pub. No. 20100268135), as applied to claim 5, and in further view of Blyakher et al. (U.S. Patent Pub. No. 20110170671).
Regarding claim 6, the combination of Matta in view of Aboujaoude in view of Wheeler in view of Summit discloses the invention as described above but fails to explicitly disclose wherein: the first cuff is attached to a first cuff support comprising a plurality of arms, the mesh structure of the first cuff being adhered to the plurality of arms of the first cuff support; and the second cuff is attached to a second cuff support comprising a plurality of arms, the mesh structure of the second cuff being adhered to the plurality of arms of the second cuff support.
Blyakher teaches an analogous modular distractor (Paragraph 19 and Figure 1, modular distractor 100 with braces 109a, 109b, 109c, and 109d) which, when arranged, are configured to support a subject in a variety of different medically relevant positions, capable of adjusting to the patients legs and hip) wherein: the analogous first cuff 109a is attached to a first cuff support 209 (Paragraph 30 and Figures 1 and 4, curved cuff support bracket 29 with slotted arms 439 adhered/attached via fastener 441) comprising a plurality of arms 439, the similar structure of the analogous first cuff 109a being adhered to the plurality of arms 439 of the first cuff support 209; and the analogous second cuff 109b is attached to a second cuff support 209 comprising a plurality of arms 439, the similar structure of the analogous second cuff 109b being adhered to the plurality of arms 439 of the second cuff support 209.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify an attachment of the mesh structures of the first and second cuffs with the leg support member of Matta in view of Aboujaoude in view of Wheeler in view of Summit, so that the first cuff is attached to a first cuff support comprising a plurality of arms, the structure of the first cuff being adhered to the plurality of arms of the first cuff support; and the second cuff is attached to a second cuff support comprising a plurality of arms, the structure of the second cuff being adhered to the plurality of arms of the second cuff support, as taught by Blyakher, in order to provide an improved modular hip distractor with enhanced first and second cuffs attachment that are connected via a cuff support structure with arms for grasping onto the cuffs and then attaching to the leg support member for adjustment (Blyakher, Paragraphs 19 and 30).
11. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371) in view of Summit et al. (U.S. Patent Pub. No. 20100268135) in view of Blyakher et al. (U.S. Patent Pub. No. 20110170671), as applied to claim 6, and in further view of Gardner (U.S. Patent Pub. No. 20100089407).
Regarding claim 7, the combination of Matta in view of Aboujaoude in view of Wheeler in view of Summit in view of Blyakher discloses the invention as described above but fails to explicitly disclose wherein the first cuff support is connected to the second cuff support through a pivot configured to allow relative movement of the first cuff support and the second cuff support.
Gardner teaches an analogous distractor (Paragraph 61 and Figure 10, leg distractor with first cuff 38a and second cuff 39a having underlying curved arms 38,39 that are pivotable 43) wherein the analogous first cuff support 38 is connected to the analogous second cuff support 39 through a pivot 43 configured to allow relative movement of the analogous first cuff support 38 and the analogous second cuff support 39.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first thigh cuff support and second calf cuff support of Matta in view of Aboujaoude in view of Wheeler in view of Summit in view of Blyakher, so that the first cuff support is connected to the second cuff support through a pivot configured to allow relative movement of the first cuff support and the second cuff support, as taught by Gardner, in order to provide an improved modular hip distractor with enhanced first and second cuff supports that support the cuffs thereon and are attached together via a pivot to allow for knee flexion (Gardner, Paragraph 61).
11. Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371), as applied to claim 2, and in further view of Erwin (WO 0149222 A1).
Regarding claim 8, the combination of Matta in view of Aboujaoude in view of Wheeler in view of Blyakher discloses the invention as described above but fails to explicitly disclose wherein the first cuff has a first inflator configured to inflate the first cuff, and/or the second cuff has a second inflator configured to inflate the second cuff.
Erwin teaches an analogous knee brace (Page 7, lines 9-14 and Figure 4, knee brace 10 comprising inflatable cuff 222 having inflator 222 with pressure gauge 220), wherein the analogous cuff 222 has an inflator 220 configured to inflate the analogous cuff 222.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the first and second cuffs of Matta in view of Aboujaoude in view of Wheeler in view of Blyakher, so that the cuff has an inflator configured to inflate the cuff, as taught by Erwin, in order to provide an improved modular hip distractor with enhanced first/second cuffs that have inflatable therein to desirably apply a measured pressure against the user’s leg in the cuff (Erwin, Page 7, lines 9-14).
Regarding claim 9, the combination of Matta in view of Aboujaoude in view of Wheeler in view of Blyakher discloses the invention as described above but fails to explicitly disclose a first pressure gauge configured to measure a pressure exerted on a lower extremity of a patient.
Erwin teaches an analogous knee brace (Page 7, lines 9-14 and Figure 4, knee brace 10 comprising inflatable cuff 222 having inflator 222 with pressure gauge 220) wherein the analogous cuff 222 has an inflator 220 configured to inflate the analogous cuff 222 and a first pressure gauge 220 configured to measure a pressure exerted on a lower extremity of a patient.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a material of the first and second cuffs of Matta in view of Aboujaoude in view of Wheeler in view of Blyakher, so that the cuff has an inflator configured to inflate the cuff with a first pressure gauge configured to measure a pressure exerted on a lower extremity of a patient., as taught by Erwin, in order to provide an improved modular hip distractor with enhanced first/second cuffs that have inflatable therein to desirably apply a measured pressure against the user’s leg in the cuff (Erwin, Page 7, lines 9-14 ).
12. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Matta (U.S. Patent Pub. No. 20070251011) in view of Aboujaoude (U.S. Patent Pub. No. 20120318278) in view of Wheeler (U.S. Patent Pub. No. 20130118371), as applied to claim 16, and in further view of Gardner (U.S. Patent Pub. No. 20100089407) and Summit et al. (U.S. Patent Pub. No. 20100268135).
Regarding claim 17, the combination of Matta in view of Aboujaoude in view of discloses the invention as described above and further discloses the knee brace assembly (Aboujaoude, Paragraph 67 and Figure 2: thigh and calf frames 160,200) comprises a first cuff (Aboujaoude: 160) and a second cuff (Aboujaoude: 200).
However, the combination of Matta in view of Aboujaoude fails to explicitly disclose (1) wherein the knee brace support structure comprises a first branch support connected to a second branch support through a pivot, wherein the first branch support comprises a plurality of curved arms attached to the first cuff of the knee brace assembly, and wherein the second branch support comprises a plurality of curved arms attached to the second cuff of the knee brace assembly; (2) wherein the first cuff and the second cuff each comprise a mesh-like material.
Gardner teaches an analogous distractor (Paragraph 61 and Figure 10, leg distractor with first cuff 38a and second cuff 39a having underlying curved arms 38,39 that are pivotable 43) wherein the analogous knee brace support structure 38,39 (Paragraph 61 and Figure 10) comprises a first branch support 38 connected to a second branch support 39 through a pivot 43, wherein the first branch support 38 comprises a plurality of curved arms (see annotated Figure 10 below, two curved arms, one extending up on medial and other on lateral side of thigh) attached to the analogous first cuff 38a of the knee brace assembly 38a,39a, and wherein the second branch support comprises a plurality of curved arms (see annotated Figure 10 below, two curved arms, one extending up on medial and other on lateral side of calf) attached to the analogous second cuff 39a of the analogous knee brace assembly 38a,39a.
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first thigh cuff support and second calf cuff support of Matta in view of Aboujaoude in view of Wheeler, so that the knee brace support structure comprises a first branch support connected to a second branch support through a pivot, wherein the first branch support comprises a plurality of curved arms attached to the first cuff of the knee brace assembly, and wherein the second branch support comprises a plurality of curved arms attached to the second cuff of the knee brace assembly, as taught by Gardner, in order to provide an improved modular hip distractor with enhanced first and second cuff supports that support the cuffs thereon and are attached together via a pivot to allow for knee flexion (Gardner, Paragraph 61).
However, the combination of Matta in view of Aboujaoude in view of Wheeler in view of Gardner fails to explicitly disclose (2) wherein the first cuff and the second cuff each comprise a mesh-like material.
Summit teaches an analogous knee brace (Paragraphs 4, 77, 109, and Figure 22, knee orthotic with calf and thigh cuffs with ventilation holes forming a mesh shape) wherein each of the analogous first cuff (Paragraphs 4, 77, 109, and Figure 22, thigh cuff orthotic) and the analogous second cuff (Paragraphs 4, 77, 109, and Figure 22, calf cuff orthotic) are mesh structures.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a structural shape of the first and second cuffs of Matta in view of Aboujaoude in view of Wheeler in view of Gardner, so that each of the first cuff and the second cuff are mesh-like structures, as taught by Summit, in order to provide an improved modular hip distractor with an enhanced first and second cuffs that are mesh shaped allowing for ventilation therethrough to the user’s leg for desirable breathability (Summit Paragraphs 4, 77, 109).
Conclusion
13. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hansen (US 20140088466 A) teaches a modular hip distractor.
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786