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 .
Restrictions/Election
This application contains claims directed to the following patentably distinct
Species A, as shown in Figures 1-6,
Species B, as shown in Figures 7-10,
Species C, as shown in Figures 11-15
The species are independent or distinct because the body member and the suction pad material are mutually exclusive. In addition, these species are not obvious variants of each other based on the current record.
Applicant is required under 35 U.S.C. 121 to elect a single disclosed species, or a single grouping of patentably indistinct species, for prosecution on the merits to which the claims shall be restricted if no generic claim is finally held to be allowable. Currently, claim 1 appears to be generic.
There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply:
the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added. An argument that a claim is allowable or that all claims are generic is considered nonresponsive unless accompanied by an election.
The election may be made with or without traverse. To preserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the election of species requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable on the elected species or grouping of patentably indistinct species.
Should applicant traverse on the ground that the species, or groupings of patentably indistinct species from which election is required, are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing them to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the species unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other species.
Upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
During a telephone conversation with Mr. Roberto Fernandez on 2/6/2026 a provisional election was made without traverse to prosecute the invention of Figures 7-10, claims 1-20. Affirmation of this election must be made by applicant in replying to this Office action.
Drawings
The drawings are objected to under 37 CFR 1.83(a) because they fail to show a sleeve (claims 17-18) as described in the specification.
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, claimed limitations sleeve (claims 17-18) and sleeve pad (claim 18) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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 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.
Claims 1-4 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gainey (U.S. Patent No. 8,834,396).
Regarding independent claim 1, Figure 1-10 discloses applicant’s claimed cushioned support device comprising:
a pad (1, 5) configured to support a portion of a patient's leg; and
a leg wrap (9-10) coupled to the pad (1, 5) and configured to secure the portion of the patient's leg to the pad (1, 5), the leg wrap (9-10) comprising:
a first flap (9) extending from a first (right) side of the pad (1, 5),
a second flap (10) extending from a second (right) side of the pad (1, 5),
a fastener (19, 20) positioned on the first flap (9) and configured to removably couple the first flap (9) to the second flap (10) to define a leg cavity (Figures 1 &8 illustrate pocket-like structure) between the leg wrap (9-10) and the pad (1, 5).
Regarding claim 2, Gainey reference, presented above, discloses applicant’s claimed cushioned support device comprising all features, wherein:
the fastener (19, 20) is a first fastening strip (column 6 lines 8-14 describes straps 19, 20 are hook-n-loop fastening system); and
the second flap (10) comprises a fastener material (11) that is configured to couple to the first fastening strip (19, 20).
Regarding claim 3, Gainey reference, presented above, discloses applicant’s claimed cushioned support device comprising all features, wherein:
the first fastening strip (19, 20) comprises a fabric hook fastener material (column 6 lines 8-14); and
the fastener material (11) comprises a fabric loop fastener material (column 6 lines 8-14).
Regarding claim 4, Gainey reference, presented above, discloses applicant’s claimed cushioned support device comprising all features, wherein:
the pad (1, 5) comprises a first pad portion centered on the pad, the first pad portion comprising a molded foam (column 6 lines 38-40 is a foam wedge).
Regarding claim 8, Gainey reference, presented above, discloses applicant’s claimed cushioned support device comprising all features, further comprising:
a foot pad (6, 7) coupled to each of a first lateral side of a distal end of the pad (1, 5) and a second lateral side of the distal end of the pad (1, 5), the foot pad (6, 7) and the pad (1, 5) defining an opening (29, see Figure 9) that is configured to receive a heel of the patient.
Claims 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rennick (U.S. Patent No. 5,581,805).
Regarding independent claim 17, Figure 1-10 discloses applicant’s claimed cushioned support device (10) comprising:
a pad (cushion sub-assembly 12) configured to support a portion of a patient's leg, the pad (cushion sub-assembly 12) comprising:
a pad first portion (inner cushion 24) centered on the pad (12) and comprising a first material, and
lateral portions (22, Figure 3 illustrates outer cushion extend laterally from inner cushion 24) each adjacent to the pad first portion (24) and comprising a second
material, the first material comprising a lower coefficient of friction than the
second material (column 3 lines 20-67 to column 4 lines 1-24 describes deflection/compression property between cushion 22, 24, such that the inner cushion 24 is formed of relatively compressible, slowly rebounding foam material and outer cushion 22 is formed of relatively incompressible, rapidly rebounding foam material, thereby rending the inner cushion 24 demonstrating a lower coefficient of friction); and
a sleeve (31) comprising:
a first end coupled to a first side of the pad (12), and
a second end coupled to a second side of the pad (12),
wherein the pad (12) and the sleeve (31) define a leg cavity that receives a portion of the patient's leg (see Figure 7).
Regarding claim 18, Rennick reference, presented above, discloses applicant’s claimed cushioned support device comprising all features, wherein the sleeve (31) further comprises a sleeve pad (Figure 12 illustrates bands 84, 86 situated between sleeve and patient’s leg) positioned between the sleeve and the portion of the patient's leg.
Allowable Subject Matter
Claims 5-7 and 19-20 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.
Claims 9-16 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMTU TRAN NGUYEN whose telephone number is (571)272-4799. The examiner can normally be reached 9am-5pm, Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E Bredefeld can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CAMTU T NGUYEN/Examiner, Art Unit 3786