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 .
Response to Amendment
Applicant’s Amendments, filed 1/28/2026, to claims 1, 2, 7, 8, 9, 14 acknowledged by Examiner. Additionally, applicant added claims 15-20.
Claims 1-20 are now pending.
Previous objections withdrawn.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot because the rejection has been changed below, necessitated by Applicant's amendments.
In regards to Provencher not teaching rigid material in claims 3 and 10 as Applicant asserts that inelastic and rigid are not the same, Examiner disagrees. See Merriam Webster’s Thesaurus for “rigid” [https://www.merriam-webster.com/thesaurus/rigid] wherein inelastic and rigid are synonyms.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“wherein at least one end of at least one elastic band is removably attached to a respective anchor plate” (claims 17 and 20) (specification [0047] says not shown)
“wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion and the arm portion” (claims 1 and 8) (everything appears monolithic and connected and not discrete in any form)
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 8 recite the new limitations of “wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion and the arm portion” wherein Applicant’s specification lacks any discussion of the anchor plates being discrete plate members attached to one of the torso portion and the arm portion. The drawings provide for a single integral construction of the all the components and do not imply there being any discrete elements thus there being no support in the drawings as well.
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.
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) 1-2, 4-9, 11-14, 16, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colleran (US 20200016009 A1).
Regarding claim 1, Colleran discloses an arm sleeve 100 (Figures 1-2B), configured to provide external assistance to an arm and shoulder of a user during an arm motion (Abstract and [0022]), comprising:
a torso portion 120 configured to be attached to the torso of the user (Figures 1-2B and [0024]);
an arm portion 130 configured to cover at least a portion of the arm of the user (Figures 1-2B and [0024]); and
a framework comprising a plurality of anchor plates and a plurality of elastic bands (See Annotated Figure 2B, wherein the framework is the indicated anchor plates, indicated plurality of elastic bands are formed of elastic material [0026], and the indicated anchor plates are anchors in that they are anchor ends of the indicated elastic bands and are plates as these portions are shown to be able to be flat and thus be plates);
the plurality of anchor plates includes a first anchor plate (See Annotated Figure 2B), wherein the first anchor plate is attached to the torso portion 120 and extends from a front side of the torso portion 120, across a top of the shoulder of the user 120, to a back side of the torso portion 120 (See Annotated Figure 2B and Figures 1A-1C, is part of the torso portion 120 thus attached to it);
the plurality of anchor plates includes a second anchor plate (See Annotated Figure 2B, note indicated section also includes straps 155a and 155b), wherein the second anchor plate is attached to the arm portion 130 and is positioned to overlay at least a portion of a triceps muscle and a deltoid muscle of the arm of the user (See Annotated Figure 2B and Figures 1A-1C, indicated anchor plate is part of arm portion 130 thus attached therein);
the plurality of anchor plates includes a third anchor plate (See Annotated Figure 2B), wherein the third anchor plate is attached to the arm portion 130 and is positioned to partially encircle a forearm of the arm when the arm sleeve is being worn (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a first elastic band with a first end that extends from a portion of the first anchor plate overlaying the front side of the torso portion to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a second elastic band with a first end that extends from a portion of the first anchor plate overlaying the shoulder of the user to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a third elastic band with a first end that extends from a portion of the first anchor plate overlaying the back side of the torso portion to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a fourth elastic band with a first end that extends from the second anchor plate across the triceps muscle of the arm, past an elbow joint of the arm of the user, and posteriorly to a second end that is attached to the third anchor plate (See Annotated Figure 2B and Figures 1A-1C); and
the plurality of elastic bands includes a fifth elastic band with a first end that extends from the second anchor plate, spirals posteriorly across the triceps muscle of the arm, past the elbow joint, and continues anteriorly to a second end that is attached to the third anchor plate (See Annotated Figure 2B and Figures 1A-1C);
wherein the first anchor plate, the second anchor plate, and the third anchor plate each serve as anchor points for attachment of one or more of the plurality elastic bands of the framework (See Annotated Figure 2B and Figures 1A-1C, wherein the indicated anchor plates will function as anchors for the elastic bands as the elastic bands will pull from these indicated structures, wherein there is attachment between these structures being connected together); and
wherein the first anchor plate, the second anchor plate, and the third anchor plate are each attached to one of the torso portion 120 and the arm portion 130 (Figures 1-2B and [0024] and Annotated Fig. 2B, each of the anchor plates is a part of one of the torso portion 120 and the arm portion 130 thus being a part of them therein).
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Colleran does not disclose wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion 120 and the arm portion 130.
However, Colleran (Figures 4-6) teaches an embodiment wherein the analogous anchors 234 and elastic bands 215/217/219 (Fig. 6 and [0047]) are each separable and discrete from an analogous torso and arm portion 270 (Fig. 6 and [0048] being a sleeve therein) to which they are attached (Fig. 4-6 and [0047-0048]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the anchors and elastic bands and torso and arm portion of Colleran (Fig. 1-3) to be discrete and separated into the analogous anchors 234 and elastic bands 215/217/219 (Fig. 6 and [0047]) are each separable and discrete from an analogous torso and arm portion 270 (Fig. 6 and [0048] being a sleeve therein) to which they are attached (Fig. 4-6 and [0047-0048]), thus providing wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion 120 and the arm portion 130, in order to provide a comfortable neoprene mesh cover (Colleran [0047-0048]), further wherein In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.") (See MPEP 2144.I.V.C).
Regarding claim 2, Colleran discloses the invention of claim 1 above.
Colleran further discloses wherein the framework of the arm sleeve 110 (See Annotated Figure 2B for the framework being the anchor plates and elastic bands) is operable to provide assistance to at least one muscle supporting an ulnar collateral ligament (UCL) of the arm of the user (Claim 2 of Colleran) and to at least one muscle supporting a glenohumeral joint of the shoulder of the user during the arm motion (see [0032], muscles of the glenohumeral joint are being supported).
Regarding claim 4, Colleran discloses the invention of claim 1 above.
Colleran further discloses wherein each of the first elastic band, the second elastic band, and the third elastic band extends separately from the first anchor plate (See Annotated Figure 2B, wherein the first, second, third bands extend from different locations from the first anchor plate and their indicated extending lines are separate).
Regarding claim 5, Colleran discloses the invention of claim 4 above.
Colleran further discloses wherein each of the fourth elastic band and the fifth elastic band extends separately from the second anchor plate (See Annotated Figure 2B, wherein the fourth and fifth bands extend from different locations and their indicated extending lines are separate from each other).
Regarding claim 6, Colleran discloses the invention of claim 1 above.
Colleran further discloses wherein the arm portion 130 includes a strap 144a/144 configured to secure a distal end of the arm portion 130 to a portion of the arm of the user (Figures 1A-1C and [0039]).
Regarding claim 7, Colleran discloses the invention of claim 1 above.
Colleran further discloses a strap 140 configured to position the torso portion 120 of the arm sleeve 110 on the torso of the user, the strap 140 extends between an attachment point 164a on the front side of the torso portion 120 and an attachment point 164b on the back side of the torso portion 120 (Figures 1A-1C and [0040]).
Regarding claim 8, Colleran discloses an arm sleeve 100 (Figures 1-2B), configured to provide external assistance to an arm and shoulder of a user during an arm motion (Abstract and [0022]), comprising:
a torso portion 120 configured to be attached to the torso of the user (Figures 1-2B and [0024]);
an arm portion 130 configured to cover at least a portion of the arm of the user (Figures 1-2B and [0024]); and
a framework comprising a plurality of anchor plates and a plurality of elastic bands (See Annotated Figure 2B, wherein the framework is the indicated anchor plates, indicated elastic bands are formed of elastic material [0026], and the indicated anchor plates are anchors in that they are anchor ends of the indicated elastic bands and are plates as these portions are shown to be able to be flat and thus be plates);
the plurality of anchor plates includes a first anchor plate (See Annotated Figure 2B), wherein the first anchor plate is attached to the torso portion 120 and extends from a front side of the torso portion 120, across a top of the shoulder of the user 120, to a back side of the torso portion 120 (See Annotated Figure 2B and Figures 1A-1C, is part of the torso portion 120 thus attached to it);
the plurality of anchor plates includes a second anchor plate (See Annotated Figure 2B, note indicated section also includes straps 155a and 155b), wherein the second anchor plate is attached to the arm portion 130 and is positioned to overlay at least a portion of a triceps muscle and a deltoid muscle of the arm of the user (See Annotated Figure 2B and Figures 1A-1C, indicated anchor plate is part of arm portion 130 thus attached therein);
the plurality of anchor plates includes a third anchor plate (See Annotated Figure 2B), wherein the third anchor plate is attached to the arm portion 130 and is positioned to partially encircle a forearm of the arm when the arm sleeve is being worn (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a first elastic band with a first end that extends from a portion of the first anchor plate overlaying the front side of the torso portion to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a second elastic band with a first end that extends from a portion of the first anchor plate overlaying the shoulder of the user to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a third elastic band with a first end that extends from a portion of the first anchor plate overlaying the back side of the torso portion to a second end attached to the second anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a fourth elastic band with a first end that extends from the second anchor plate across the triceps muscle of the arm, past an elbow joint of the arm of the user, and posteriorly to a second end that is attached to the third anchor plate (See Annotated Figure 2B and Figures 1A-1C);
the plurality of elastic bands includes a fifth elastic band with a first end that extends from the second anchor plate, spirals posteriorly across the triceps area of the arm, past the elbow joint, and continues anteriorly to a second end that is attached to the third anchor plate (See Annotated Figure 2B and Figures 1A-1C); and
the plurality of elastic bands includes a sixth elastic band with a first end that extends from the second anchor plate, spirals posteriorly across the triceps area of the arm, past the elbow joint, and continues anteriorly to a second end that is attached to the third anchor plate (See Annotated Figure 2B and Figures 1A-1C);
wherein the first anchor plate, the second anchor plate, and the third anchor plate each serve as anchor points for attachment of one or more of the plurality of elastic bands of the framework (See Annotated Figure 2B and Figures 1A-1C, wherein the indicated anchor plates will function as anchors for the elastic bands as the elastic bands will pull from these indicated structures, wherein there is attachment between these structures being connected together); and
wherein the first anchor plate, the second anchor plate, and the third anchor plate are each attached to one of the torso portion 120 and the arm portion 130 (Figures 1-2B and [0024] and Annotated Fig. 2B, each of the anchor plates is a part of one of the torso portion 120 and the arm portion 130 thus being a part of them therein).
Colleran does not disclose wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion 120 and the arm portion 130.
However, Colleran (Figures 4-6) teaches an embodiment wherein the analogous anchors 234 and elastic bands 215/217/219 (Fig. 6 and [0047]) are each separable and discrete from an analogous torso and arm portion 270 (Fig. 6 and [0048] being a sleeve therein) to which they are attached (Fig. 4-6 and [0047-0048]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the anchors and elastic bands and torso and arm portion of Colleran (Fig. 1-3) to be discrete and separated into the analogous anchors 234 and elastic bands 215/217/219 (Fig. 6 and [0047]) are each separable and discrete from an analogous torso and arm portion 270 (Fig. 6 and [0048] being a sleeve therein) to which they are attached (Fig. 4-6 and [0047-0048]), thus providing wherein the first anchor plate, the second anchor plate, and the third anchor plate each comprise a respective discrete plate member attached to one of the torso portion 120 and the arm portion 130, in order to provide a comfortable neoprene mesh cover (Colleran [0047-0048]), further wherein In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.") (See MPEP 2144.I.V.C).
Regarding claim 9, Colleran discloses the invention of claim 8 above.
Colleran further discloses wherein the framework of the arm sleeve 110 (See Annotated Figure 2B for the framework being the anchor plates and elastic bands) is operable to provide assistance to at least one muscle supporting an ulnar collateral ligament (UCL) of the arm of the user (Claim 2 of Colleran) and to at least one muscle supporting a glenohumeral joint of the shoulder of the user during the arm motion (see [0032], muscles of the glenohumeral joint are being supported).
Regarding claim 11, Colleran discloses the invention of claim 8 above.
Colleran further discloses wherein each of the first elastic band, the second elastic band, and the third elastic band extends separately from the first anchor plate (See Annotated Figure 2B, wherein the first, second, third bands extend from different locations from the first anchor plate and their indicated extending lines are separate).
Regarding claim 12, Colleran discloses the invention of claim 11 above.
Colleran further discloses wherein each of the fourth elastic band, the fifth elastic band, and the sixth elastic band extends separately from the second anchor plate (See Annotated Figure 2B, wherein the fourth and fifth bands extend from different separate locations of the second anchor plate and their indicated extending lines do not cross thus being separate, Examiner notes that the fourth and sixth elastic band along their indicated path do at one point share a wide elastic band portion but as the majority of the portion of these indicated bands are separate then this claim language is found met, and also the paths are still found to be separate for the “extends” purposes).
Regarding claim 13, Colleran discloses the invention of claim 8 above.
Colleran further discloses wherein the arm portion 130 includes a strap 144a/144 configured to secure a distal end of the arm portion 130 to a portion of the arm of the user (Figures 1A-1C and [0039]).
Regarding claim 14, Colleran discloses the invention of claim 8 above.
Colleran further discloses a strap 140 configured to position the torso portion 120 of the arm sleeve 110 on the torso of the user, the strap 140 extends between an attachment point 164a on the front side of the torso portion and an attachment point 164b on the back side of the torso portion 120 (Figures 1A-1C and [0040]).
Regarding claim 16, Colleran discloses the invention of claim 1 above.
Colleran further discloses wherein at least one of the plurality of elastic bands comprises an elastomeric material (see [0025] wherein the arm sleeve 100 including the elastic band portions as indicated in Annotated Fig. 2B are formed of elastomeric material).
Regarding claim 19, Colleran discloses the invention of claim 8 above.
Colleran further discloses wherein at least one of the plurality of elastic bands comprises an elastomeric material (see [0025] wherein the arm sleeve 100 including the elastic band portions as indicated in Annotated Fig. 2B are formed of elastomeric material).
Claim(s) 3 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colleran (US 20200016009 A1) in view of Provencher (US 12318320 B1).
Regarding claim 3, Colleran discloses the invention of claim 1 above.
Colleran discloses wherein the first anchor plate, the second anchor plate, and the third anchor plate are configured to substantially conform to the general area of the torso or arm that they overlay (See Annotated Figure 2B of Colleran and Figures 1A-1C, wherein the indicated anchor plate portions conform correspondingly to the body).
Colleran does not disclose wherein the first anchor plate, the second anchor plate, and the third anchor plate are each made of a rigid material.
However, Provencher discloses an analogous support device (title) (Figures 1A-9) comprising an analogous elastic band 201/403 (Figures 1-4B, Col. 4 lines 44-52, straps are elastic bands) for supporting a limb (Figures 4A-4B) wherein there are analogous anchor plates 104/108 for attaching an elastic band to an analogous torso portion and analogous arm portion (anchor points are torso and arm portions of the vest for attaching to a support strap, see Figure 1A-1B, Col. 4 lines 9-40), wherein Provencher provides that the anchor plates and the torso and arm portions they are a part of are each made of a rigid material (Col. 3 line 57 to Col. 4 line 4, the elastic portions of the vest 100 at the anchor points for elastic bands may be formed of inelastic areas, thus materials, see Merriam Webster’s Thesaurus for “rigid” [https://www.merriam-webster.com/thesaurus/rigid] wherein inelastic and rigid are synonyms).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first, second, and third anchor plates of Colleran to be each made of rigid (inelastic) material as taught by Provencher as Provencher provides that attachment points for analogous elastic bands on analogous arm and torso portions should be formed of inelastic material in order to provide for better transfer of elastic forces through the support device and reducing the chances of tearing by reinforcing portions that will receive a large amount of elastic tension (Provencher Col. 3 line 57 to Col. 4 line 4).
Regarding claim 10, Colleran discloses the invention of claim 8 above.
Colleran discloses wherein the first anchor plate, the second anchor plate, and the third anchor plate are configured to substantially conform to the general area of the torso or arm that they overlay (See Annotated Figure 2B of Colleran and Figures 1A-1C, wherein the indicated anchor plate portions conform correspondingly to the body).
Colleran does not disclose wherein the first anchor plate, the second anchor plate, and the third anchor plate are each made of a rigid material.
However, Provencher discloses an analogous support device (title) (Figures 1A-9) comprising an analogous elastic band 201/403 (Figures 1-4B, Col. 4 lines 44-52, straps are elastic bands) for supporting a limb (Figures 4A-4B) wherein there are analogous anchor plates 104/108 for attaching an elastic band to an analogous torso portion and analogous arm portion (anchor points are torso and arm portions of the vest for attaching to a support strap ,see Figure 1A-1B, Col. 4 lines 9-40), wherein Provencher provides that the anchor plates and the torso and arm portions they are a part of are each made of a rigid material (Col. 3 line 57 to Col. 4 line 4, the elastic portions of the vest 100 at the anchor points for elastic bands may be formed of inelastic areas, thus materials, see Merriam Webster’s Thesaurus for “rigid” [https://www.merriam-webster.com/thesaurus/rigid] wherein inelastic and rigid are synonyms).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the first, second, and third anchor plates of Colleran to be each made of rigid (inelastic) material as taught by Provencher as Provencher provides that attachment points for analogous elastic bands on analogous arm and torso portions should be formed of inelastic material in order to provide for better transfer of elastic forces through the support device and reducing the chances of tearing by reinforcing portions that will receive a large amount of elastic tension (Provencher Col. 3 line 57 to Col. 4 line 4).
Claim(s) 15 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colleran (US 20200016009 A1) in view of Booher (US 8951136 B1).
Regarding claim 15, Colleran discloses the invention of claim 1 above.
Colleran does not disclose wherein at least one of the plurality of anchor plates is made of a thermoplastic polyurethane material.
However, Booher teaches an analogous training/assistance apparatus 100 for performing a sport motion (Fig. 1-8), comprising an analogous plurality of elastic bands 118 (Fig. 1A-1B, Col. 4 lines 29-31, “elastic tubings 118”) and analogous plurality of anchor plates 112/126 for connecting the elastic bands and attaching over muscles of a user (Fig. 1A-1B), wherein the analogous plurality of anchor plates comprises thermoplastic polyurethane material (Col. 5 lines 4-23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the plurality of anchor plates to be made a thermoplastic polyurethane material as taught by Booher in order to ensure a proper transfer of elastic deformation of forces when assisting with the training motion (Col. 5 lines 4-23).
Regarding claim 18, Colleran discloses the invention of claim 8 above.
Colleran does not disclose wherein at least one of the plurality of anchor plates is made of a thermoplastic polyurethane material.
However, Booher teaches an analogous training/assistance apparatus 100 for performing a sport motion (Fig. 1-8), comprising an analogous plurality of elastic bands 118 (Fig. 1A-1B, Col. 4 lines 29-31, “elastic tubings 118”) and analogous plurality of anchor plates 112/126 for connecting the elastic bands and attaching over muscles of a user (Fig. 1A-1B), wherein the analogous plurality of anchor plates comprises thermoplastic polyurethane material (Col. 5 lines 4-23).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the plurality of anchor plates to be made a thermoplastic polyurethane material as taught by Booher in order to ensure a proper transfer of elastic deformation of forces when assisting with the training motion (Col. 5 lines 4-23).
Claim(s) 17 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Colleran (US 20200016009 A1) in view of Lebolt (US 20180116893 A1).
Regarding claim 17, Colleran discloses the invention of claim 1 above.
Colleran does not disclose wherein at least one end of at least one elastic band is removably attached to a respective anchor plate.
However, Lebolt teaches an analogous arm orthosis arm assistance device 100 (Fig. 1, [0024]) having analogous anchors 60/70 ([0055]) attached to analogous elastic bands 40/50 ([0055-0056], anterior and posterior straps 40/50 that are elastic), wherein Lebolt teaches having the anchors and elastic bands being removably attached for loosening or changing the resistance straps for a strap of different resistance (see [0134]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Colleran such that at least one end of at least one elastic band is removably attached to a respective anchor plate as taught by Lebolt for providing a user with the ability to change the elasticity and fit of the elastic straps on the user (Lebolt [0134]), and further according to In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.") (MPEP 2144.04.V.C).
Regarding claim 20, Colleran discloses the invention of claim 8 above.
Colleran does not disclose wherein at least one end of at least one elastic band is removably attached to a respective anchor plate.
However, Lebolt teaches an analogous arm orthosis arm assistance device 100 (Fig. 1, [0024]) having analogous anchors 60/70 ([0055]) attached to analogous elastic bands 40/50 ([0055-0056], anterior and posterior straps 40/50 that are elastic), wherein Lebolt teaches having the anchors and elastic bands being removably attached for loosening or changing the resistance straps for a strap of different resistance (see [0134]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Colleran such that at least one end of at least one elastic band is removably attached to a respective anchor plate as taught by Lebolt for providing a user with the ability to change the elasticity and fit of the elastic straps on the user (Lebolt [0134]), and further according to In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose.") (MPEP 2144.04.V.C).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
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 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.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786