S 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 .
Claim Objections
Claim 20 objected to because of the following informalities: “joining element” should be “joining strip” in line 5. Appropriate correction is required.
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(s) is/are: “first curved support element, second curved support element, third curved support element, and fourth curved support element” in claims 1, 3-15, 17-18, and 20 (written specification: paragraph 0021).
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.
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 § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3-12, 14-15, 17-18, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Leverette (US 4665907 A).
Regarding claim 1, Leverette discloses a thumb brace (10 - figure 1, structure that goes around the thumb) for at least partially immobilizing a thumb of a hand of a user (the thumb brace [10] goes around the thumb and wrist and can be adjusted to have a snug fit: column 5, lines 29-36/column 6, lines 5-17), comprising: a first curved support element (A - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) configured to be disposed along an intercarpal articulation of the thumb (B - see annotated figure 1, the first curved support element [A] is disposed along the intercarpal articulation of the thumb [B]); a second curved support element (C - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12- 23/column 8, lines 12-16) coupled to the first curved support element (A) (see annotated figure 1, the second curved support element [C] is coupled to the first curved support element [A] via the tab [21 – see annotated figure 1]) and configured to extend along a metacarpophalangeal joint of the thumb (D - see annotated figure 1, the second curved support element [C] is configured to extend along the metacarpophalangeal joint of the thumb on a palm of the hand [D]); a third curved support element (E - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) configured to be disposed along the intercarpal articulation of the thumb on a backside of a hand along the intercarpal articulation of the thumb (B) (see annotated figure 1, the third curved support element [E] is disposed along the intercarpal articulation of the thumb [B] on a backside of the hand; it can also be seen in annotated figure 1 that the third curved support element [E] is wrapped from the front to the backside of the hand along the intercarpal articulation of the thumb [B]); a fourth curved support element (F - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) coupled to the third curved support element (E) (see annotated figure 1, the fourth curved support element [F] is coupled to the third curved support element [E] via the tab [21 – see annotated figure 1]) and configured to be disposed on the backside of the hand along the metacarpophalangeal joint of the thumb (D) (see annotated figure 1, the fourth curved support element [F] is configured to extend along the metacarpophalangeal joint of the thumb [D] on the backside of the hand; it can also be seen in annotated figure 1 that the fourth curved support element [F] is wrapped from the front to the backside of the hand along the metacarpophalangeal joint of the thumb [D]); and a joining element (21 - see annotated figure 1, a tab: column 4, lines 5-24) configured to be disposed along a side of the hand and couple the first curved support element (A), second curved support element (C), the third curved support element (E), and the fourth curved support element (F) along a side of the hand defined by a thumb metacarpal of the hand (see annotated figure 1, all four curved support elements [A/C/E/F] are coupled with the joining element [21] alongside of the hand that is defined by the thumb metacarpal of the hand).
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Annotated figure 1: left image is the thumb structure worn while right image is the thumb structure when it is not worn
Regarding claim 3, Leverette discloses the invention as discussed in claim 1. Leverette further discloses a first strap (14 - annotated figure 1, a wrist bracelet: column 3, lines 63-68) coupled to the first curved support element (A) (see annotated figure 1 above, the first strap [14] is coupled to the first curved support element [A] via joining element [21]), the first strap (14) configured to wrap around a wrist of the hand and couple to the third curved support element (E) (see annotated figure 1, the first strap [14] wraps around the wrist and is coupled to the third curved support element [E] via the joining element [21]: column 5, lines 46-65).
Regarding claim 4, Leverette discloses the invention as discussed in claim 1. Leverette further discloses a second strap (19 - see annotated figure 1, a band that forms the thumb-encircling ring: column 6, lines 18-30) coupled to the joining element (21) (see annotated figure 1, the second strap [19] is coupled to the joining element [21] via tabs [20/22 - see annotated figure 1]), the second strap (19) configured to wrap around the thumb (the second strap [19] forms the thumb-encircling ring: column 6, lines 18-30) and coupled to at least one of the second (C) and fourth curved support elements (F) (see annotated figure 1, the second strap [19] is coupled to the second [C] and fourth support elements [F] via joining element [21]).
Regarding claim 5, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein one or more of the first curved support element (A), the second curved support element (C), the third curved support element (E), and the fourth curved support element (F) has a concave curvature (all four curved support elements [A/C/E/F] has a concave curvature since they are seated against the thumb and thumb brace [10] is wrapped around the thumb).
Regarding claim 6, Leverette discloses the invention as discussed in claim 5. Leverette further discloses wherein the concave curvature corresponds to a respective local curvature of a portion of the hand on which at least one of the one or more of the first (A), second (C), third (E) and fourth curved support elements (F) is configured to contact (see annotated figure 1, the first [A], second [C], third [E], and fourth curved support elements [F] comprises the concave curvature that comes into contact with the curvature portion of the hand).
Regarding claim 7, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein the first curved support element (A) is not configured to extend laterally toward a digitus minimus manus (G – see annotated figure 1, digitus minimus manus) (see annotated figure 1, the first curved support element [A] does not extend laterally towards the digitus minimus manus [A]; the first curved support element [A] wraps around the thumb).
Regarding claim 8, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein the third curved support element (E) is configured not to extend laterally toward a digitus minimus manus of the hand (G – see annotated figure 1, digitus minimus manus) beyond a midline of the hand (H - see annotated figure 1, the midline of the hand) (see annotated figure 1, the third curved support element [E] does not pass beyond the midline of the hand [J] and is not extending laterally towards the digitus minimus manus of the hand [G]); the third curved support element [E] wraps around the thumb).
Regarding claim 9, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein the first curved support element (A) is configured to surround at least a proximal portion (the word “proximal” is defined as “next to or nearest the point of attachment or origin, a central point, or the point of view” by Merriam-Webster) of a thumb metacarpal on the palm and/or the heel of the hand (see annotated figure 1, the first curved support element [A] surrounds a portion of the bottom/heel of the hand and a portion of the thumb metacarpal on the palm [see examiner further notes below]).
Examiner further notes: Please see annotated figure 2. It shows the anatomy of the hand taken from Saint Luke’s article: “Understanding Carpometacarpal Osteoarthritis”. By comparing the location of the first curved support element and the anatomy of the hand, it can be seen that the first curved support element surrounds a portion of the carpal bones and metacarpal bones.
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Annotated Figure 2: metacarpal and carpal bones of the hand
Regarding claim 10, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein second curved support element (C) is configured to surround at least a proximal portion (the word “proximal” is defined as “next to or nearest the point of attachment or origin, a central point, or the point of view” by Merriam-Webster) of the metacarpophalangeal joint of the thumb (D) on the palm of the hand between a thumb phalange and a thumb metacarpal (see annotated figure 1, the second curved support element [C] substantially surrounds an area near the metacarpophalangeal joint of the thumb [D] [see examiner further notes below]).
Examiner further notes: Please see annotated figure 3. It shows the anatomy of the hand taken from the American Society for Surgery of the Hand’s article: “Joints”. By comparing the location of the second curved support element and the anatomy of the hand, it can be seen that the second curved support element substantially surrounds an area near the metacarpophalangeal joint of the thumb.
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Annotated Figure 3: hand anatomy showing the metacarpophalangeal joint of the thumb
Regarding claim 11, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein the third curved support element (E) is configured to surround a proximal portion (the word “proximal” is defined as “next to or nearest the point of attachment or origin, a central point, or the point of view” by Merriam-Webster) of the intercarpal articulation of the thumb (B) along a backside and/or a side of a wrist of the hand (see annotated figure 1, the third curved support element [E] goes behind the palm, and surrounds a portion of the intercarpal articulation of the thumb [B] along the backside of the hand).
Regarding claim 12, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein the fourth curved support element (F) is configured to surround at least a proximal portion (the word “proximal” is defined as “next to or nearest the point of attachment or origin, a central point, or the point of view” by Merriam-Webster) of the metacarpophalangeal joint of the thumb (D) on the backside of the hand between a thumb phalange and a thumb metacarpal (see annotated figure 1, the fourth curved support element [F] surrounds an area near the metacarpophalangeal joint on the backside of the thumb [D] [see examiner further notes below]).
Examiner further notes: Please see annotated figure 3. It shows the anatomy of the hand taken from the American Society for Surgery of the Hand’s article: “Joints”. By comparing the location of the fourth curved support element and the anatomy of the hand, it can be seen that the fourth curved support element substantially surrounds an area near the metacarpophalangeal joint on the backside of the thumb.
Regarding claim 14, Leverette discloses the invention as discussed in claim 1. Leverette further discloses wherein none of the first (A), second (C), third (E) or fourth curved support elements (F) are configured to wrap around the thumb from the palm to the backside of the hand (see annotated figure 1, none of the curved support strips [A/C/E/F] wraps around the thumb from the palm to the backside of the hand).
Regarding claim 15, Leverette discloses a method of using a thumb brace (10 - figure 1, structure that goes around the thumb) for at least partially immobilizing a thumb of a user (the thumb brace [10] goes around the thumb and wrist and can be adjusted to have a snug fit: column 5, lines 29-36/column 6, lines 5-17), the method comprising: disposing a joining element of the thumb brace (21 - see annotated figure 1 below, a tab: column 4, lines 5-24) along a side of a hand defined by a metacarpal of the thumb (see annotated figure 1, all four curved support elements [A/C/E/F] are coupled with the joining element [21] alongside of the hand that is defined by the thumb metacarpal of the hand); disposing a first curved support element of the thumb brace (A - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) on a heel of a hand along an intercarpal articulation of the thumb (B - see annotated figure 1, the first curved support element [A] is disposed along the intercarpal articulation of the thumb [B]) and in a palmar gutter of the hand (I – see annotated figure 1, palmar gutter of the hand) (see annotated figure 1, the first curved support element [A] is disposed along the intercarpal articulation of the thumb [B] and palmar gutter on a heel of a hand [I]); disposing a second curved support element of the thumb brace (C - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12- 23/column 8, lines 12-16), coupled to the first curved support element (A) (see annotated figure 1, the second curved support element [C] is coupled to the first curved support element [A] via the tab [21 – see annotated figure 1]), on a palm of the hand along a metacarpophalangeal joint of the thumb (D - see annotated figure 1, the second curved support element [C] is disposed on a palm of the hand along the metacarpophalangeal joint of the thumb on a palm of the hand [D]); disposing a third curved support element of the thumb brace (E - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) on a backside of the hand along the intercarpal articulation of the thumb (B) (see annotated figure 1, the third curved support element [E] is disposed along the intercarpal articulation of the thumb [B] on a backside of the hand; it can also be seen in annotated figure 1 that the third curved support element [E] is wrapped from the front to the backside of the hand along the intercarpal articulation of the thumb [B]); and disposing a fourth curved support element of the thumb brace (F - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16), coupled to the third curved support element (E) (see annotated figure 1, the fourth curved support element [F] is coupled to the third curved support element [E] via the tab [21 – see annotated figure 1]), on the backside of the hand along the metacarpophalangeal joint of the thumb (D) (see annotated figure 1, the fourth curved support element [F] is configured to extend along the metacarpophalangeal joint of the thumb [D] on the backside of the hand; it can also be seen in annotated figure 1 that the fourth curved support element [F] is wrapped from the front to the backside of the hand along the metacarpophalangeal joint of the thumb [D]).
Regarding claim 17, Leverette discloses the method as discussed in claim 15. Leverette further discloses at least one of: wrapping a first strap (14 - annotated figure 1, a wrist bracelet that is wrapped around the wrist: column 3, lines 63-68), coupled to the first curved support element (A) (see annotated figure 1 above, the first strap [14] is coupled to the first curved support element[A] via joining element [21]), around a wrist of the hand and coupling the first strap to the third curved support element (E) (see annotated figure 1, the first strap [14] wraps around the wrist and is coupled to the third curved support element [E] via tab [21]: column 5, lines 46-65); and wrapping a second strap (19 - see annotated figure 1, a band that forms the thumb-encircling ring [wraps around the thumb]: column 6, lines 18-30), coupled to the joining element (21) (see annotated figure 1, the second strap [19] is coupled to the joining element [21] via tabs [20/22 - see annotated figure 1]), around the thumb (the second strap [19] forms the thumb-encircling ring: column 6, lines 18-30) and coupling the second strap to at least one of the second (C) and fourth curved support elements (F) (see annotated figure 1, the second strap [19] is coupled to the second [C] and fourth support elements [F] via joining element [21]).
Regarding claim 18, Leverette discloses a method of manufacturing a thumb brace (10 - figure 1, structure that goes around the thumb) for at least partially immobilizing a thumb of a hand of a user, the method comprising: forming a joining strip of the thumb brace (21 - see annotated figure 1 above, a tab: column 4, lines 5-24) configured to be disposed along a side of the hand defined by a thumb metacarpal of the hand (see annotated figure 1 above, all four curved support elements [A/C/E/F] are coupled with the joining strip [21] alongside of the hand that is defined by the thumb metacarpal of the hand); forming a first curved support element of the thumb brace (A - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) configured to be disposed on a heel of a hand along an intercarpal articulation of the thumb (B - see annotated figure 1, the first curved support element [A] is disposed along the intercarpal articulation of the thumb [B]) and in a palmar gutter on the heel of the hand (I – see annotated figure 1, palmar gutter of the hand) (see annotated figure 1, the first curved support element [A] is disposed along the intercarpal articulation of the thumb [B] and palmar gutter on a heel of a hand [I]); forming a second curved support element of the thumb brace (C - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12- 23/column 8, lines 12-16) coupled to the first curved support element (A) (see annotated figure 1, the second curved support element [C] is coupled to the first curved support element [A] via the tab [21 – see annotated figure 1]) and configured to be disposed on a palm of the hand along a metacarpophalangeal joint of the thumb (D - see annotated figure 1, the second curved support element [C] is disposed on a palm of the hand along the metacarpophalangeal joint of the thumb on a palm of the hand [D]); forming a third curved support element of the thumb brace (E - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) configured to be disposed on a backside of the hand along the intercarpal articulation of the thumb (B) (see annotated figure 1, the third curved support element [E] is disposed along the intercarpal articulation of the thumb [B] on a backside of the hand; it can also be seen in annotated figure 1 that the third curved support element [E] is wrapped from the front to the backside of the hand along the intercarpal articulation of the thumb [B]); and forming a fourth curved support element of the thumb brace (F - see annotated figure 1, a curved strip of flexible and relatively inelastic material; it is curved because the entire thumb brace [10] is wrapped around the front and backside of the hand: column 4, lines 12-23/column 8, lines 12-16) coupled to the third curved support element (E) (see annotated figure 1, the fourth curved support element [F] is coupled to the third curved support element [E] via the tab [21 – see annotated figure 1]) and configured to be disposed on the backside of the hand along the metacarpophalangeal joint of the thumb (D) (see annotated figure 1, the fourth curved support element [F] is configured to extend along the metacarpophalangeal joint of the thumb [D] on the backside of the hand; it can also be seen in annotated figure 1 that the fourth curved support element [F] is wrapped from the front to the backside of the hand along the metacarpophalangeal joint of the thumb [D]).
Regarding claim 20, Leverette discloses the method as discussed in claim 18. Leverette further discloses at least one of: coupling a first strap of the thumb brace (14 - annotated figure 1, a wrist bracelet that is wrapped around the wrist: column 3, lines 63-68) to the first curved support element (A) such that the first strap (14) is configured to wrap around a wrist of the hand (see annotated figure 1, the first strap [14] is coupled to the first curved support element [A] via joining strip [21] and is wrapped around the wrist) and couple to the third curved support element (E) (see annotated figure 1, the first strap [14] wraps around the wrist and is coupled to the third curved support element [E] via joining strip [21]: column 5, lines 46-65); and coupling a second strap of the thumb brace (19 - see annotated figure 1 above, a band that forms the thumb-encircling ring [wraps around the thumb]: column 6, lines 18-30) to the joining element (21) such that the second strap (19) is configured to wrap around the thumb (see annotated figure 1, the second strap [19] is coupled to the joining strip [21] via tabs [20/22 - see annotated figure 1]) and couple to at least one of the second (C) and fourth curved support elements (F) (see annotated figure 1, the second strap [19] is coupled to the second [C] and fourth support elements [F] via joining element [21]).
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.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Leverette (US 4665907 A) in view of Nordt et al. (US 20060026733 A1).
Regarding claim 13, Leverette discloses the invention as discussed in claim 1.
However, Leverette fails to disclose wherein the first, second, third and fourth curved support elements comprise strips of an elastomeric material or a fabric, reinforced with a semi-rigid material.
Nordt et al. teaches wherein the analogous first, second, third and fourth curved support elements comprise strips of an elastomeric material or a fabric reinforced with a semi-rigid material (1210 - figure 41, an elastically stretchable frame work that lies on the sleeve [1220 - figure 41]; the framework can be interconnected segments formed from an elastomeric material and can have a degree of rigidity while being flexible and elastic. Since the framework can be made integrally, each strip of the web of the framework is interpreted as a support strip: paragraph 0052/0120/0170).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first, second, third, and fourth curved support elements of Leverette to be strips of an elastomeric material as taught by Nordt et al. in order to provide a thumb brace that has improved first, second, third, and fourth curved support elements to allow for a better engagement/fit between the user and the brace (paragraph 0016, Nordt et al.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786