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 of claims 1, 3-4, 7, 9, 11-12, 14-15, 17, and 19-20 are acknowledged by the Examiner.
Applicant’s amendments of claims 3, 12 and 19 have overcome the previous claim objections. Therefore, the previous claim objections are withdrawn.
Applicant’s amendments of claims 14 and 20 have overcome the previous claim rejections under 35 U.S.C. 112(b). Therefore, the previous claim rejections under 35 U.S.C. 112(b) are withdrawn.
Claims 1-20 are pending in the current Application.
Response to Arguments
Applicant's arguments filed 04/20/2026 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that the lace shown in figures 7b and 7c of Capra is not equivalent to a cable pivotally attached to a base component of an orthopedic device in a recess formed on an exterior surface of the base component and arranged in a continuous loop. Examiner respectfully disagrees. Capra does in fact disclose the limitations of a cable (lace; see [0054]; see figure 7c; see [0023] that an earlier embodiment of the lace is described as being a lace or cable; thus, the lace of 710 is a cable) pivotally attached to a base component (base material of 730; see figure 7c; 710 is attached to the base material of 730 (see figure 7c) and is formed from a flexible material (see [0074]) which is capable of pivoting with respect to the base material of 730 and thus, 710 is “pivotally attached” as claimed) of an orthopedic device (730; see [0058]; see figure 7c) in a recess (recess formed at the bottom of 712; see figures 7b and 7c) formed on an exterior surface of the base component (see figure 7c that the recess formed at the bottom of 712 is formed on an exterior surface of the base material of 730) and arranged in a continuous loop (see figure 7b). Therefore, claims 1 and 9 are anticipated by Capra and the rejection will be maintained.
Applicant’s arguments with respect to claim(s) 17 have been considered but are moot because the new ground of rejection does not rely on the same interpretation of Capra applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments of the rejections under 35 U.S.C. 103 are all dependent on Applicant’s arguments of claims 1, 9, and 17 which are not persuasive as discussed above. Therefore, the arguments of the rejections under 35 U.S.C. 103 are not persuasive and the rejections will be maintained.
Priority
As discussed in the non-final rejection mailed, 01/22/2026, the instant application is given the effective filing date of 06/11/2019 from prior filed application 16/437,413.
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.
Claim(s) 1-2, 6, 8-10, 14, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capra et al. (US 2015/0190262 A1) (hereinafter Capra).
In regards to claim 1, Capra discloses A strap attachment (710; see [0056]; see figure 7b) arranged to pivotally attach to an orthopedic device (730; see [0058]; see figure 7c; 710 comprising a flexible lace/cable (see [0074) is arranged to pivotally attach to 730) and support a strap (714; see [0056]; see figure 7c), the strap attachment (710) comprising:
a cable (lace; see [0054]; see figure 7c; see [0023] that an earlier embodiment of the lace is described as being a lace or cable; thus, the lace of 710 is a cable) pivotally attached to a base component of the orthopedic device (base material of 730; see figure 7c; 710 is attached to the base material of 730 (see figure 7c) and is formed from a flexible material (see [0074]) which is capable of pivoting with respect to the base material of 730 and thus, 710 is “pivotally attached” as claimed) in a recess (recess formed at the bottom of 712; see figures 7b and 7c) formed on an exterior surface of the base component (see figure 7c that the recess formed at the bottom of 712 is formed on an exterior surface of the base material of 730) and arranged in a continuous loop (see figure 7b);
a tube (715; see [0056]; see figure 7b-c; see [0056] in reference to 715 comprising “channels or apertures through which lace is inserted”; thus, 715 forms a tube for receiving the lace) through which the cable slidably extends (see [0056]).
In regards to claim 2, Capra discloses the invention as discussed above.
Capra further discloses wherein the cable (lace) has first and second ends secured to one another by a connector (712; see [0056]; see figure 7b) to form the continuous loop (see figure 7b that two ends of the lace enter 712 and with 712 form the continuous loop of the lace).
In regards to claim 6, Capra discloses the invention as discussed above.
Capra further discloses wherein the tube (715) defines an elongate center portion (center portion through which the lace extends; see figure 7b-c) and first and second radial end portions (upper and lower extending portions of 715 which extend to 714) extending from first and second sides of the elongate center portion (see figures 7b-c).
In regards to claim 8, Capra discloses the invention as discussed above.
Capra further discloses wherein the tube (715) is rotatable about the cable (lace; 715 being a channel for removably receiving the lace is capable of rotating about the lace when attached to the lace and disconnected from 714).
In regards to claim 9, Capra discloses A strap system (strap system as seen in figure 7b-c) comprising:
an elongate strap (714; see [0056]; see figure 7b) having a predetermined width (see figure 7b);
a cable (lace; see [0054]; see figure 7c; see [0023] that an earlier embodiment of the lace is described as being a lace or cable; thus, the lace of 710 is a cable) pivotally attached to a base component (base material of 730; see figure 7c; 710 is attached to the base material of 730 (see figure 7c) and is formed from a flexible material (see [0074]) which is capable of pivoting with respect to the base material of 730 and thus, 710 is “pivotally attached” as claimed) of an orthopedic device (730; see [0058]; see figure 7c) in a recess (recess formed at the bottom of 712; see figures 7b and 7c) formed on an exterior surface of the base component (see figure 7c that the recess formed at the bottom of 712 is formed on an exterior surface of the base material of 730) and arranged in a continuous loop (see figure 7b), and a tube (715; see [0056]; see figure 7b-c; see [0056] in reference to 715 comprising “channels or apertures through which lace is inserted”; thus, 715 forms a tube for receiving the lace) through which the cable slidably extends (see [0056]);
wherein the tube (715) defines a width corresponding in size to the predetermined width of the elongate strap (714; see figure 7b-c).
In regards to claim 10, Capra discloses the invention as discussed above.
Capra further discloses wherein the cable (lace) has first and second ends secured to one another by a connector (712; see [0056]; see figure 7b) to form the continuous loop (see figure 7b that two ends of the lace enter 712 and with 712 form the continuous loop of the lace).
In regards to claim 14, Capra discloses the invention as discussed above.
Capra further discloses wherein the tube (715) defines an elongate center portion (center portion through which the lace extends; see figure 7b-c) and first and second radial end portions (upper and lower extending portions of 715 which extend to 714) extending from first and second sides of the elongate center portion (see figures 7b-c);
wherein the predetermined width of the strap corresponds in width to the elongate center portion (See figure 7c).
In regards to claim 16, Capra discloses the invention as discussed above.
Capra further discloses wherein the tube (715) is rotatable about the cable (lace; 715 being a channel for removably receiving the lace is capable of rotating about the lace when attached to the lace and disconnected from 714).
In regards to claim 17, Capra discloses an orthopedic device (20; see [0022]; see figure 1), comprising:
a frame (frame of 22a and connected 50; see [0022]; see figure 1) defining an interior cavity (internal cavity of 22a which houses internal spool; see [0023]) and an exterior side portion (exterior side portion of 22a; see figure 1), the frame (frame of 22a) defining at least first and second openings (first and second openings of the frame of 22a which allow the 50 attached to 22a to extend therethrough; see figure 1)) along the exterior side portion communicating to the interior cavity (see figure 1);
a strap attachment (23 and 50 attached to 40; see [0023]; see figure 1) including a cable (23) pivotally attached to the frame (frame of 22a and connected 50; lace or cable is attached to the frame and is made from a flexible material (see [0074]) and thus, can pivot with respect to the frame and is considered “pivotally attached”) in a recess formed by the exterior side portion (recess formed between ends of 50 connected to frame of 22a; see figure 1) and arranged in a continuous loop (see figure 1 that 23 is formed in a continuous loop), and a tube (50 attached to 40) through which the cable slidably extends (The lace 23 slides through the guides 50; see [0023]);
wherein the cable (23) slidably extends through the first and second openings (first and second openings of the frame of 22a) and the continuous loop extends between the first and second openings along the exterior side portion and in the interior cavity (the continuous loop formed by 23 extends between he first and second openings of the frame of 22a, along the exterior side portion, and in the interior cavity; see figure 1).
In regards to claim 18, Capra discloses the invention as discussed above.
Capra further discloses further comprising an elongate strap (40; see [0023]; see figure 1) having a predetermined width (see figure 1);
wherein the tube (50 attached to 40) defines a width corresponding in size to the predetermined width of the elongate strap (see figure 1).
In regards to claim 19, Capra discloses the invention as discussed above.
Capra further discloses wherein the first and second openings (first and second openings of the frame of 22a) are located in the recess (recess formed between ends of 50) and correspond to the predetermined width of the elongate strap (40; see figure 1).
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) 3-4, 7, 11-12, 15, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capra in view of Hammerslag et al. (US 2008/0066272 A1) (hereinafter Hammerslag).
In regards to claim 3, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the cable is formed from a material selected from a group comprised of metal, polymer, and composite materials.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the cable (23) is formed from a material selected from a group comprised of metal, polymer, and composite materials (see [0050]) for the purpose of exhibiting sufficient axial strength and bendability (see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the cable as disclosed by Capra and to have formed the material of the cable from a group of metal, polymer, and composite materials as taught by Hammerslag in order to have provided an improved cable that would add the benefit of exhibiting sufficient axial strength and bendability (see [0050]).
In regards to claim 4, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the cable is selected from a group comprised of a wire or braided cable.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the cable (23) is selected from a group comprised of a wire or braided cable (see [0050]) for the purpose of exhibiting sufficient axial strength and bendability (see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cable as disclosed by Capra and to have formed the cable as a wire or braided cable as taught by Hammerslag in order to have provided an improved cable that would add the benefit of exhibiting sufficient axial strength and bendability (see [0050]).
In regards to claim 7, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the tube is formed from a material selected from a group comprised of a metal or polymer.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the tube (50 is formed from a material selected from a group comprised of a metal or polymer (see [0047]) for the purpose of providing a low friction material which facilitates the sliding of the cable through the tube (see [0047]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the tube as disclosed by Capra and to have formed the tube from the metal or polymer as taught by Hammerslag in order to have provided an improved tube that would add the benefit of providing a low friction material which facilitates the sliding of the cable through the tube (see [0047]).
In regards to claim 11, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the cable is formed from a material selected from a group comprised of metal, polymer, and composite materials.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the cable (23) is formed from a material selected from a group comprised of metal, polymer, and composite materials (see [0050]) for the purpose of exhibiting sufficient axial strength and bendability (see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the cable as disclosed by Capra and to have formed the material of the cable from a group of metal, polymer, and composite materials as taught by Hammerslag in order to have provided an improved cable that would add the benefit of exhibiting sufficient axial strength and bendability (see [0050]).
In regards to claim 12, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the cable is selected from a group comprised of a wire or braided cable.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the cable (23) is selected from a group comprised of a wire or braided cable (see [0050]) for the purpose of exhibiting sufficient axial strength and bendability (see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cable as disclosed by Capra and to have formed the cable as a wire or braided cable as taught by Hammerslag in order to have provided an improved cable that would add the benefit of exhibiting sufficient axial strength and bendability (see [0050]).
In regards to claim 15, Capra discloses the invention as discussed above.
Capra does not explicitly disclose wherein the tube is formed from a material selected from a group comprised of a metal or polymer.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the tube (50 is formed from a material selected from a group comprised of a metal or polymer (see [0047]) for the purpose of providing a low friction material which facilitates the sliding of the cable through the tube (see [0047]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of the tube as disclosed by Capra and to have formed the tube from the metal or polymer as taught by Hammerslag in order to have provided an improved tube that would add the benefit of providing a low friction material which facilitates the sliding of the cable through the tube (see [0047]).
In regards to claim 20, Capra discloses the invention as discussed above.
Capra further discloses wherein the cable (23) has first and second ends secured to one another by a connector (internal spool; see [0023]) to form the continuous loop, the connector (internal spool) extending in the interior cavity (internal cavity of 22a houses internal spool; see [0023]);
wherein the tube (50 attached to 40) defines an elongate center portion (center portion engaged with 40; see figure 1) and first and second radial end portions (ends of 50 which extend outwards from 40; see figure 1) extending from first and second sides of the elongate center portion (see figure 1);
wherein the predetermined width of the strap corresponds in width the to the elongate center portion (see figure 1).
Capra does not disclose wherein the cable is selected from a group comprised of a wire or braided cable.
However, Hammerslag teaches an analogous strap attachment (25; see [0037]; see figure 1) comprising an analogous cable (23; see [0037]; see figure 1) and tube (50; see [0042]; see figure 1) through which the cable (23) slidably extends (see [0042]); wherein the cable (23) is selected from a group comprised of a wire or braided cable (see [0050]) for the purpose of exhibiting sufficient axial strength and bendability (see [0050]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cable as disclosed by Capra and to have formed the cable as a wire or braided cable as taught by Hammerslag in order to have provided an improved cable that would add the benefit of exhibiting sufficient axial strength and bendability (see [0050]).
Claim(s) 5 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capra in view of Jerome et al. (US 2006/0135889 A1) (hereinafter Jerome).
In regards to claim 5, Capra discloses the invention as discussed above.
Capra does not explicitly wherein the tube includes a roller.
However, Jerome teaches an analogous strap attachment (23; see [0038]; see figure 5) comprising a ring structure (49; see [0039]; see figure 5) which has a similar function of fastening and tightening straps (21; see [0039]; see figure 5) of an analogous orthopedic device (1; see [0038]; see figure 1); wherein the ring structure (49) includes a roller (51; see [0039]; see figure 5; rotating sleeve 51 rotates about 49 and thus, functions as, and is considered “a roller”) for the purpose of providing a mechanical advantage for the user while tightening, and fastening the straps (see [0039]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tube as disclosed by Capra and to have included the roller as taught by Jerome in order to have provided an improved tube that would add the benefit of providing a mechanical advantage for the user while tightening, and fastening the straps (see [0039]).
In regards to claim 13, Capra discloses the invention as discussed above.
Capra does not explicitly wherein the tube includes a roller.
However, Jerome teaches an analogous strap attachment (23; see [0038]; see figure 5) comprising a ring structure (49; see [0039]; see figure 5) which has a similar function of fastening and tightening straps (21; see [0039]; see figure 5) of an analogous orthopedic device (1; see [0038]; see figure 1); wherein the ring structure (49) includes a roller (51; see [0039]; see figure 5; rotating sleeve 51 rotates about 49 and thus, functions as, and is considered “a roller”) for the purpose of providing a mechanical advantage for the user while tightening, and fastening the straps (see [0039]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the tube as disclosed by Capra and to have included the roller as taught by Jerome in order to have provided an improved tube that would add the benefit of providing a mechanical advantage for the user while tightening, and fastening the straps (see [0039]).
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 DANIEL MILLER whose telephone number is (571)270-5445. The examiner can normally be reached Mon-Fri 8am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 571-270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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