DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Claims 19-25 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention II (method of monitoring a correction state), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/2/2026.
Status of Claims
Claim(s) 1-5, 7-8, 10, 13-17, 19-25 is/are pending of which Claim(s) 1 and 19 is/are presented in independent form.
Claims 19-25 withdrawn.
Claims 1-5, 7-8, 10, 13-17 examined.
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-5, 7-8, 10, 13-17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2, 4-5, 7, 9, 11-14 of U.S. Patent No. US 11944563 B2 (Roe) in view of Geremtzes (US 20220226140 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because as seen in the following comparison table the claims of the reference patent are in identical scope as the present claims except for what has been provided in the further reference of Geremtzes.
Present application 18969183
U.S. Patent No. US 11944563 B2 (Roe)
Claim 1:
A wearing type correction apparatus for a human body comprising:
clothing that is worn on an upper body of a patient;
a curve compressor disposed in the clothing and configured to compress a curved part of a human body that is a target to be corrected;
an intensity adjuster disposed in the clothing,
connected to the curve compressor through a wire, and configured to adjust compression intensity of the curve compressor by adjusting an amount of winding and unwinding of the wire; and
a pressure sensor installed in at least one of the curve compressor and the intensity adjuster and configured to detect the compression intensity (not in the Roe reference patent see reference modification below).
Claim 3:
The wearing type correction apparatus for a human body according to claim 1, further comprising
a guide rail disposed in the clothing and configured to provide guidance to up and down sliding movements of at least one of the curve compressor and the intensity adjuster.
Claim 4:
The wearing type correction apparatus for a human body according to claim 3,
wherein at least one of the curve compressor and the intensity adjuster comprises: a body configured to form an appearance shape;
a support plate disposed between the body and the guide rail and combined with the body; and
a rail moving block combined with the support plate and slidably combined with the guide rail.
Claim 1:
A wearable device for body correction, comprising [same scope as wearing type correction apparatus]:
an outerwear worn on an upper body of a patient [outerwear is clothing];
a curve presser disposed on the outerwear and configured to press a curve of the body to be corrected [curve presser and curve compressor are the same in scope, function is the same therein];
a strength adjuster disposed on the outerwear [intensity and strength are synonyms therein and substantially identical],
connected to the curve presser by a wire, and configured to adjust a strength of pressure applied by the curve presser by adjusting an amount of winding/unwinding of the wire [substantially identical scope of connection and use of wire]; and
a guide rail disposed on the outerwear and configured to guide vertical sliding of at least one of the curve presser and the strength adjuster [substantially the same scope],
wherein the at least one of the curve presser and the strength adjuster comprises: a body defining an external appearance thereof [same scope therein];
a support plate disposed between the body and the guide rail and coupled to the body [same scope]; and
a rail moving block coupled to the support plate and slidably coupled to the guide rail [same scope].
Claim 5:
The wearing type correction apparatus for a human body according to claim 4,
wherein the intensity adjuster further comprises a dial adjuster rotatably combined with the body and configured to adjust the amount of winding and unwinding of the wire.
Claim 2:
The wearable device according to claim 1,
wherein the strength adjuster further comprises a dial adjuster rotatably coupled to the body to adjust the amount of winding/unwinding of the wire [same scope].
Claim 7:
The wearing type correction apparatus for a human body according to claim 1,
wherein the rail moving block comprises:
a locking part having a width in the direction orthogonal to the sliding direction of the rail moving block, which is equal to or smaller than the width of the first coupling hole and greater than the width of the second coupling hole, and having one surface come into contact with an outer surface of the support plate;
a support part having a width in the direction orthogonal to the sliding direction of the rail moving block, which is greater than each of the width of the first coupling hole and the width of the second coupling hole, and having one surface that faces the one surface of the locking part come into contact with an inner surface of the support plate; and
a coupling part formed to protrude from other surface of the support part and having a guide groove slidably combined with the guide rail formed therein.
Claim 4:
The wearable device according to claim 3,
wherein the rail moving block comprises:
a latching portion [latching portion and locking part same scope] having a width in a direction orthogonal to the sliding direction of the rail moving block to be less than or equal to the width of the first coupling hole and to be larger than the width of the second coupling hole, the latching portion having one surface coming into contact with an outer surface of the support plate [completely the same scope therein];
a support portion having a width in a direction orthogonal to the sliding direction of the rail moving block to be larger than the width of the first coupling hole and the width of the second coupling hole, the support portion having one surface facing the one surface of the latching portion and coming into contact with an inner surface of the support plate [support portion and support part are identical in scope, rest of the claim is also substantially the same scope]; and
a coupling portion protruding from the other surface of the support portion, and having a guide groove slidably coupled to the guide rail [coupling portion and coupling part are the same scope, substantially identical scope therein].
Claim 8:
The wearing type correction apparatus for a human body according to claim 7,
wherein the guide rail comprises: an attachment plate combined with the clothing; and a guide protrusion formed on one side of the attachment plate in the direction orthogonal to the sliding direction of the rail moving block and inserted into the guide groove and rotatably disposed therein.
Claim 5:
The wearable device according to claim 4,
wherein the guide rail comprises: an attachment plate coupled to the outerwear; and a guide protrusion formed on one side of the attachment plate in a direction orthogonal to the sliding direction of the rail moving block, and inserted and rotatably disposed in the guide groove [substantially the same scope therein].
Claim 10:
The wearing type correction apparatus for a human body according to claim 1, wherein:
an opening through which one side of the guide groove is opened is formed in the coupling part, and an opening width of the opening is formed to be smaller than a diameter of the guide groove.
Claim 7:
The wearable device according to claim 6, wherein:
the coupling portion has an opening formed to be open at one side of the guide groove; and the opening has an opening width smaller than the diameter of the guide groove [substantially the same scope therein].
Claim 13:
The wearing type correction apparatus for a human body according to claim 1,
further comprising:
a back reinforcement plate disposed on an inner surface of a back part of the clothing; and a hump pad attached to an arbitrary location related to a location of the back reinforcement plate at which the curve compressor compresses the curved part and configured to compress a hump part of the human body.
Claim 11:
A wearable device for body correction, comprising: an outerwear worn on an upper body of a patient; a curve presser disposed on the outerwear and configured to press a curve of the body to be corrected; a strength adjuster disposed on the outerwear, connected to the curve presser by a wire, and configured to adjust a strength of pressure applied by the curve presser by adjusting an amount of winding/unwinding of the wire; and a guide rail disposed on the outerwear and configured to guide vertical sliding of at least one of the curve presser and the strength adjuster [claim 1 in scope],
the wearable device further comprising:
a back reinforcement plate disposed on an inner surface of a back plate of the outerwear; and a hump pad attached to any position of the back reinforcement plate related to a position where the curve presser presses the curve, so as to press the body [same in scope with the back reinforcement plate and the hump pad therein].
Claim 14:
The wearing type correction apparatus for a human body according to claim 13, further comprising
a flank band disposed in the clothing and configured to hold a flank of the patient when the curve compressor compresses the curved part.
Claim 12:
The wearable device according to claim 11, further comprising
a flank band disposed on the outerwear and configured to hold a flank of the patient when the curve presser presses the curve [same scope].
Claim 15:
The wearing type correction apparatus for a human body according to claim 14, further comprising
a flank pad attached to an arbitrary location related to a location of the flank band at which the curve compressor compresses the curved part and configured to compress the human body.
Claim 13:
The wearable device according to claim 12, further comprising
a flank pad attached to any position of the flank band related to a position where the curve presser presses the curve, so as to press the body [same scope therein].
Claim 16:
The wearing type correction apparatus for a human body according to claim 15, wherein
the hump pad and the flank pad each comprise:
a sheet-shaped base attached to the back reinforcement plate or the flank band; and
a cushion protrusion formed to protrude on one surface of the base and having cushion power that compresses the human body, and
a wire of a metal material is disposed within an edge of the base.
Claim 14:
The wearable device according to claim 13, wherein
each of the hump pad and the flank pad comprises:
a plate-shaped base attached to an associated one of the back reinforcement plate and the flank band;
a cushion protrusion protruding from one surface of the base and having a cushion force to press the body; and
a metal wire disposed within a rim of the base [same scope therein].
Claim 17:
The wearing type correction apparatus for a human body according to claim 1, further comprising
a point band attached to an arbitrary location of the clothing and having a plurality of metal points spaced apart from each other up and down disposed therein.
Claim 9:
The wearable device according to claim 1, further comprising
a point band attached to any position of the outerwear and having a plurality of vertically spaced metal points arranged thereon [same scope therein].
Regarding claim 1, U.S. Patent No. US 11944563 B2 (Roe) does not disclose a pressure sensor installed in at least one of the curve compressor and the intensity adjuster and configured to detect the compression intensity.
However, Geremtzes teaches an analogous wearing type correction apparatus 110 (Fig. 1A, scoliosis brace 110 [0066]), wherein the apparatus 110 is an analogous curve compressor ([0066] scoliosis brace applies pressure/compression onto the curves of a user), and an analogous intensity adjuster 120 ([0066] strap 120 can be adjusted for changing the pressure applied), wherein there is a pressure sensor installed in at least one of the curve compressor and the intensity adjuster ([0066] pressure sensor installed in the scoliosis brace 110 being the curve compressor) and configured to detect the compression intensity ([0066-0069] the pressure sensors detect how much pressure/compression is on the user which is compression intensity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided a pressure sensor as taught by Geremtzes to the invention of Roe in order to enable a doctor to more efficiently monitor, intervene, and manage a plurality of patients and their treatments in real time (Geremtzes [0019]).
Regarding claim 2, U.S. Patent No. US 11944563 B2 (Roe) in view of Geremtzes discloses the invention of claim 1 above.
Geremtzes as combined further teaches a short-range wireless communication unit installed in at least one of the curve compressor and the intensity adjuster ([0069] the pressure sensors include wireless transceivers integrated therein, thus there being a short-range wireless communication unit installed in the curve compressor as that is where the pressure sensor is installed) and configured to communicate with a user terminal in which a correction management service app for informing a user of data comprising the compression intensity detected by the pressure sensor is installed (see [0069] the wireless connection leads to a “wearable device”, wherein as discussed in [0091] the data is wirelessly sent to user’s smartphone being a user terminal that logs the data to an application being a correction management service app, wherein as discussed in [0102] the app collected the pressure data being compression intensity).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7-8, 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.
Claim 7 recites the limitation "the rail moving block". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the direction orthogonal". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the sliding direction". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the first coupling hole". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the second coupling hole". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the width of the first coupling hole". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the width of the second coupling hole". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the support plate". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the locking part". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the one surface of the locking part". There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the guide rail". There is insufficient antecedent basis for this limitation in the claim.
Claim 8 rejected as being dependent on claim 7 (claim 8 contains reference to the antecedent issues above in claim 7 regarding “the guide rail”, “the direction orthogonal to the sliding direction of the rail moving block”).
Claim 10 recites the limitation "the guide groove". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the coupling part". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the coupling part". There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the opening". There is insufficient antecedent basis for this limitation in the claim.
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) 1-5, 7-8, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe (KR 20210072454 A) (see attached translation for referenced paragraph numbers and see attached original document for the relevant figures) in view of Geremtzes (US 20220226140 A1).
Regarding claim 1, Roe discloses a wearing type correction apparatus 100 (Fig. 1) for a human body (see [0001]) comprising:
clothing 10 that is worn on an upper body of a patient (Fig. 1 and [0033] upper body clothing 10);
a curve compressor 100a ([0039] “compression part 100a” applies compression/pressure to curves of a user for treatment of scoliosis [0005]) disposed in the clothing 10 (Fig. 1) and configured to compress a curved part of a human body that is a target to be corrected (see [0046] applies compression to a body part of the user being a correction area);
an intensity adjuster 100 (Fig. 1 and [0046] “pressure control unit 100”) disposed in the clothing 10 (Fig. 1), connected to the curve compressor 100a through a wire (see [0046]), and configured to adjust compression intensity of the curve compressor by adjusting an amount of winding and unwinding of the wire (see [0015]).
Roe does not disclose a pressure sensor installed in at least one of the curve compressor and the intensity adjuster and configured to detect the compression intensity.
However, Geremtzes teaches an analogous wearing type correction apparatus 110 (Fig. 1A, scoliosis brace 110 [0066]), wherein the apparatus 110 is an analogous curve compressor ([0066] scoliosis brace applies pressure/compression onto the curves of a user), and an analogous intensity adjuster 120 ([0066] strap 120 can be adjusted for changing the pressure applied), wherein there is a pressure sensor installed in at least one of the curve compressor and the intensity adjuster ([0066] pressure sensor installed in the scoliosis brace 110 being the curve compressor) and configured to detect the compression intensity ([0066-0069] the pressure sensors detect how much pressure/compression is on the user which is compression intensity).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided a pressure sensor as taught by Geremtzes to the invention of Roe in order to enable a doctor to more efficiently monitor, intervene, and manage a plurality of patients and their treatments in real time (Geremtzes [0019]).
Regarding claim 2, Roes in view of Geremtzes discloses the invention of claim 1 above.
Geremtzes as combined further teaches a short-range wireless communication unit installed in at least one of the curve compressor and the intensity adjuster ([0069] the pressure sensors include wireless transceivers integrated therein, thus there being a short-range wireless communication unit installed in the curve compressor as that is where the pressure sensor is installed) and
configured to communicate with a user terminal in which a correction management service app for informing a user of data comprising the compression intensity detected by the pressure sensor is installed (see [0069] the wireless connection leads to a “wearable device”, wherein as discussed in [0091] the data is wirelessly sent to user’s smartphone being a user terminal that logs the data to an application being a correction management service app, wherein as discussed in [0102] the app collected the pressure data being compression intensity).
Regarding claim 3, Roes in view of Geremtzes discloses the invention of claim 1 above.
Roes further discloses a guide rail 150 (see [0042]) disposed in the clothing 10 (Fig. 1) and configured to provide guidance to up and down sliding movements of at least one of the curve compressor 100a and the intensity adjuster 100 (see [0034]).
Regarding claim 4, Roes in view of Geremtzes discloses the invention of claim 3 above.
Roes further discloses wherein at least one of the curve compressor 100a and the intensity adjuster 100 comprises:
a body 110 configured to form an appearance shape (Fig. 2 and [0042-0043]);
a support plate 140 (Fig. 2 and [0042]) disposed between the body 110 and the guide rail 150 and combined with the body 110 (Fig. 2); and
a rail moving block 145 combined with the support plate 140 (Fig. 2 and [0042]) and slidably combined with the guide rail 150 (Fig. 2 and [0042]).
Regarding claim 5, Roes in view of Geremtzes discloses the invention of claim 4 above.
Roes further discloses wherein the intensity adjuster 100 further comprises a dial adjuster 120 ([0044] dial control unit 120) rotatably combined with the body 110 (see [0045]) and configured to adjust the amount of winding and unwinding of the wire (see [0044]).
Regarding claim 7, Roes in view of Geremtzes discloses the invention of claim 1 above.
Roes further discloses wherein the rail moving block 145 (Fig. 2 and [0042]) comprises:
a locking part 145a ([0055] hooking portion 145a) having a width in the direction orthogonal to the sliding direction of the rail moving block 145, which is equal to or smaller than the width of the first coupling hole 147a ([0054] first coupling hole 147a) and greater than the width of the second coupling hole 147b ([0054] second coupling hole 147b) (See Figures 3-4 and 5a-5b, wherein the width of the locking part 145a is equal to the width of 147a and greater than that of 147b), and having one surface come into contact with an outer surface of the support plate 140 (See Figures 3-4 and 5a-5b);
a support part 145b ([0055] support portion 145b, Fig. 4) having a width in the direction orthogonal to the sliding direction of the rail moving block 145 (Fig. 4), which is greater than each of the width of the first coupling hole 147a and the width of the second coupling hole 147b (see [0055]), and having one surface that faces the one surface of the locking part 145a come into contact with an inner surface of the support plate 140 (Fig 3-4 and 5a-5b, upper surface of 145b faces the surface of 145a and would come into contact with the underside/inner surface of support plate 140); and
a coupling part 145c ([0055] coupling portion 145c) formed to protrude from other surface of the support part 145b (Fig. 4, forms from underside of 145b) and having a guide groove slidably combined with the guide rail 150 formed therein (Fig. 4, the hole formed therein is a guide groove that is containing the portions 152 and 151 of the guide rail 150).
Regarding claim 8, Roes in view of Geremtzes discloses the invention of claim 7 above.
Roes further discloses wherein the guide rail 150 (Fig. 3) comprises:
an attachment plate 151 ([0055] attachment rail 151) combined with the clothing 10 (see [0056]); and
a guide protrusion 152 ([0056] insertion rail 152) formed on one side of the attachment plate 151 in the direction orthogonal to the sliding direction of the rail moving block 145 (Fig. 3-4) and inserted into the guide groove and rotatably disposed therein (Fig. 4, guide protrusion 152 inserted into the guide groove of coupling part 145c).
Regarding claim 10, Roes in view of Geremtzes discloses the invention of claim 1 above.
Roes further discloses an opening through which one side of the guide groove is opened is formed in the coupling part 145c (Fig. 4 an opening is formed from the guide groove to the outside therein), and an opening width of the opening is formed to be smaller than a diameter of the guide groove (Fig. 4, see [0059-0060]).
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe (KR 20210072454 A) (see attached translation for referenced paragraph numbers and see attached original document for the relevant figures) in view of Geremtzes (US 20220226140 A1), in further view of Fried (US 12036142 B1).
Regarding claim 13, Roes in view of Geremtzes discloses the invention of claim 1 above.
Roes in view of Geremtzes does not disclose a back reinforcement plate disposed on an inner surface of a back part of the clothing; and a hump pad attached to an arbitrary location related to a location of the back reinforcement plate at which the curve compressor compresses the curved part and configured to compress a hump part of the human body.
However, Fried teaches an analogous body brace (abstract, Fig. 35-37) comprising an analogous clothing 26 (Fig. 37, brace body 26 wearable on the body thus a clothing) comprising a back reinforcement plate 60 (Fig. 35-37, shell 60 is a rigid plate, see Col. 22 lines 7-10) disposed on an inner surface of a back part of the clothing 26 (Fig. 35-37, the back reinforcement plate 60 is on an inner surface of the back part of the clothing 26); and
a hump pad 90 (Fig. 35-37, Col. 30 lines 40-51, members 90) attached to an arbitrary location related to a location of the back reinforcement plate 60 (Fig. 35-37) at which an analogous curve compressor (Col. 23 lines 1-25, the brace herein compresses scoliosis curves) compresses the curved part and configured to compress a hump part of the human body (Col. 23 lines 1-25, the brace herein compresses scoliosis curves, wherein the hump pads 90 may compress against humps of the back of the user).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the back reinforcement plate 60 and the hump pads 90 as taught by Fried to the clothing 10 of Roes in order to provide back support members that could cushion/support the back of the user while enduring compression (Fried Col. 23 lines 1-25, Col. 30 lines 40-51).
Regarding claim 14, Roes in view of Geremtzes and Fried discloses the invention of claim 13 above.
Roes further discloses a flank band L3 disposed in the clothing 10 (Fig. 1) and configured to hold a flank of the patient when the curve compressor compresses the curved part (Fig. 1, holds a flank of a patient, and as disclosed above, Roes curve compressor compresses the curved part).
Regarding claim 15, Roes in view of Geremtzes and Fried discloses the invention of claim 14 above.
Roes in view of Geremtzes and Fried as combined does not disclose a flank pad attached to an arbitrary location related to a location of the flank band at which the curve compressor compresses the curved part and configured to compress the human body.
However, Fried further teaches analogous flank bands 94 (Fig. 37) comprising a flank pad 92 attached to an arbitrary location related to a location of the flank band 94 (Fig. 35-37) at which the curve compressor compresses the curved part and configured to compress the human body (Col. 23 lines 1-25, the brace herein compresses scoliosis curves).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided flank pads 92 to the flank band L3 of Roes as taught by Fried in order to provide support and cushion to the person (Col. 29 line 58 – Col. 30 line 7).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe (KR 20210072454 A) (see attached translation for referenced paragraph numbers and see attached original document for the relevant figures) in view of Geremtzes (US 20220226140 A1), in further view of Fried (US 12036142 B1), in further view of Sargent (US 4754511 A).
Regarding claim 16, Roes in view of Geremtzes and Fried discloses the invention of claim 15 above.
Fried further teaches wherein the hump pad 90 and the flank pad 92 (Fig. 35-37) each comprise:
a sheet-shaped base attached to the back reinforcement plate 60 or the flank band 94 (Fig. 37, the flat surface of the pads 90/92 are “sheet shaped” bases that are attached to the plate 60 or band 94); and
a cushion protrusion formed to protrude on one surface of the base and having cushion power that compresses the human body (Fig. 35-37, Col. 29 line 58 – Col. 30 line 7, the thickness of the pads 90/92 is the “cushion protrusion” forming from the surface adjacent to the attachment therein, pads performing cushioning shows they have cushioning power that may compress against a human body of a user).
Fried, Roes, and Geremtzes does not teach a wire of a metal material is disposed within an edge of the base.
However, Sargent teaches an analogous support cushion (title), wherein the cushion comprises a wire 40 of a metal material is disposed within an edge of the base of the cushion (Fig. 1 and 3-4, the wire frame 40 is shown to be in the base of the cushion and within the edges of the cushion therein, Col. 3 lines 14-24).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided modified the pads 92/94 of Roes in view of Geremtzes and Fried to have a wire of a metal material is disposed within an edge of the base as taught by Sargent in order to provide stiffness to the pad shape and allow the pads to more conform in shape as desired for increased comfort (Sargent Col. 3 lines 14-31).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Roe (KR 20210072454 A) (see attached translation for referenced paragraph numbers and see attached original document for the relevant figures) in view of Geremtzes (US 20220226140 A1), in further view of Choy (US 5290307) in view of Walters (US 5792085).
Regarding claim 17, Roes in view of Geremtzes discloses the invention of claim 1 above.
Roes in view of Geremtzes is silent on further comprising a point band attached to an arbitrary location of the clothing and having a plurality of metal points spaced apart from each other up and down disposed therein.
However, Choy teaches an analogous upper body orthosis having an analogous clothing 62 further having a point band attached to an arbitrary position/location of the clothing and having a plurality of vertically spaced points arranged thereon, thus being spaced apart from each other up and down disposed therein (Fig 2, Col 2 lines 65-70, point line 64/66/68).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the clothing 10 of Roes as combined with the protrusions as taught by Choy in order to help relieve pain (Choy Col 1 lines 15-25).
Roes in view of Geremtzes is silent on the points being metal.
However, Walters teaches an analogous protrusion with a metal portion so the point is at least partially metal (Col 3 lines 55-65).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add metal to the protrusions of Roes in view of Geremtzes combined with Choy as taught by Walters in order to ensure the proper pressure is applied to the user (Walters Col 4 lines 5-10).
Conclusion
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786