DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Status of Claims
Applicant’s Amendments, filed 3/12/2025, to claims 1-14 acknowledged by Examiner.
Claims 1-14 are now pending.
Specification
The specification filed 1/22/2025 is objected to as it does not appear to follow the proper formatting/heading/ordering as listed provided below. Please order the specification information according to the below information and add appropriate headings as required.
Content of Specification
(a) TITLE OF THE INVENTION: See 37 CFR 1.72(a) and MPEP § 606. The title of the invention should be placed at the top of the first page of the specification unless the title is provided in an application data sheet. The title of the invention should be brief but technically accurate and descriptive, preferably from two to seven words. It may not contain more than 500 characters.
(b) CROSS-REFERENCES TO RELATED APPLICATIONS: See 37 CFR 1.78 and MPEP § 211 et seq.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT: See MPEP § 310.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT. See 37 CFR 1.71(g).
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM: The specification is required to include an incorporation-by-reference of electronic documents that are to become part of the permanent United States Patent and Trademark Office records in the file of a patent application. See 37 CFR 1.77(b)(5) and MPEP § 608.05. See also the Legal Framework for Patent Electronic System posted on the USPTO website (https://www.uspto.gov/sites/default/files/documents/2019LegalFrameworkPES.pdf) and MPEP § 502.05
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR. See 35 U.S.C. 102(b) and 37 CFR 1.77.
(g) BACKGROUND OF THE INVENTION: See MPEP § 608.01(c). The specification should set forth the Background of the Invention in two parts:
(1) Field of the Invention: A statement of the field of art to which the invention pertains. This statement may include a paraphrasing of the applicable U.S. patent classification definitions of the subject matter of the claimed invention. This item may also be titled “Technical Field.”
(2) Description of the Related Art including information disclosed under 37 CFR 1.97 and 37 CFR 1.98: A description of the related art known to the applicant and including, if applicable, references to specific related art and problems involved in the prior art which are solved by the applicant’s invention. This item may also be titled “Background Art.”
(h) BRIEF SUMMARY OF THE INVENTION: See MPEP § 608.01(d). A brief summary or general statement of the invention as set forth in 37 CFR 1.73. The summary is separate and distinct from the abstract and is directed toward the invention rather than the disclosure as a whole. The summary may point out the advantages of the invention or how it solves problems previously existent in the prior art (and preferably indicated in the Background of the Invention). In chemical cases it should point out in general terms the utility of the invention. If possible, the nature and gist of the invention or the inventive concept should be set forth. Objects of the invention should be treated briefly and only to the extent that they contribute to an understanding of the invention.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S): See MPEP § 608.01(f). A reference to and brief description of the drawing(s) as set forth in 37 CFR 1.74.
(j) DETAILED DESCRIPTION OF THE INVENTION: See MPEP § 608.01(g). A description of the preferred embodiment(s) of the invention as required in 37 CFR 1.71. The description should be as short and specific as is necessary to describe the invention adequately and accurately. Where elements or groups of elements, compounds, and processes, which are conventional and generally widely known in the field of the invention described, and their exact nature or type is not necessary for an understanding and use of the invention by a person skilled in the art, they should not be described in detail. However, where particularly complicated subject matter is involved or where the elements, compounds, or processes may not be commonly or widely known in the field, the specification should refer to another patent or readily available publication which adequately describes the subject matter.
(k) CLAIM OR CLAIMS: See 37 CFR 1.75 and MPEP § 608.01(m). The claim or claims must commence on a separate sheet or electronic page (37 CFR 1.52(b)(3)). Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 and MPEP 608.01(i) - (p).
(l) ABSTRACT OF THE DISCLOSURE: See 37 CFR 1.72 (b) and MPEP § 608.01(b). The abstract is a brief narrative of the disclosure as a whole, as concise as the disclosure permits, in a single paragraph preferably not exceeding 150 words, commencing on a separate sheet following the claims. In an international application which has entered the national stage (37 CFR 1.491(b)), the applicant need not submit an abstract commencing on a separate sheet if an abstract was published with the international application under PCT Article 21. The abstract that appears on the cover page of the pamphlet published by the International Bureau (IB) of the World Intellectual Property Organization (WIPO) is the abstract that will be used by the USPTO. See MPEP § 1893.03(e).
(m) SEQUENCE LISTING: See 37 CFR 1.821 - 1.825 and MPEP §§ 2421 - 2431. The requirement for a sequence listing applies to all sequences disclosed in a given application, whether the sequences are claimed or not. See MPEP § 2422.01.
Claim Objections
Claim 2-4, 6-7, 11, 14 objected to because of the following informalities:
Claim 2 recites “the finger receiving element” in lines 5-6, should be -the at least one finger receiving element-.
Claim 3 recites: “wherein the connecting element -is formed from an elastic or flexible material or comprises an elastic or flexible material, or -is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material” should instead be -wherein the at least one connecting element is one of either: formed from an elastic or flexible material or comprises an elastic or flexible material, or formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material- (adding clarity on the optional statement, more proper antecedent basis for connecting element)
Claim 4 recites “wherein the adjusting device is configured as a mechanical adjusting device, wherein - the corrective force is generated or adjusted by an adjusting member of the adjusting device, or - the adjusting member of the adjusting device is fixed in a desired position for fixing an intended corrective force” should instead be -wherein the adjusting device is configured as a mechanical adjusting device, wherein either the corrective force is generated or adjusted by an adjusting member of the adjusting device, or the adjusting member of the adjusting device is fixed in a desired position for fixing an intended corrective force-.
Claim 6 recites “the finger receiving element” which should be -the at least one finger receiving element-.
Claim 7 recites: “wherein the transmission member -is formed from an elastic or flexible material or comprises an elastic or flexible material, or -is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material” should instead be -wherein the transmission member is one of either: formed from an elastic or flexible material or comprises an elastic or flexible material, or formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material- (adding clarity on the optional statement)
Claim 11 recites: “the forearm receiving element - is formed from an elastic or flexible material or comprises an elastic or flexible material, or - is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material, or - is formed from a breathable material or comprises a breathable material” should be -the forearm receiving element being at least one of the following: is formed from an elastic or flexible material or comprises an elastic or flexible material, or is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material, or is formed from a breathable material or comprises a breathable material- (clarity to setting up optional limitation list).
Claim 14 recites “the finger receiving element” in line 12 should be -the at least one finger receiving element-.
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: “finger receiving element” in claim 1, 12, 14 (based on Fig. 1 and instant specification being a finger ring or sleeve around a finger);
“adjusting device” in claim 1, 12, 14 , “mechanical adjusting device” in claim 4 (based on pages 19 an adjusting device being “a rotatable adjusting member 18, in particular as a rotary fastener and/or rotary ratchet fastener, particularly preferably as a rotatable quick fastener” for the drawn invention provided in Fig. 1-5);
“adjusting member” in claim 4 and “rotatable adjusting member” in claim 5 (page 19 being a “a rotary fastener and/or rotary ratchet fastener, particularly preferably as a rotatable quick fastener”)
“connecting element” in claim 2 (page 17 and Fig. 1-5, connecting element 16 being a belt or band of material),
“transmission member for transmitting” in claim 6 (page 19, “The transmission member 22 is in the form of a band, in particular a rubber band),
“forearm receiving element” in claim 10 (pages 18-19 “the forearm receiving element 28 receives the forearm 106 along its circumference in certain regions, in particular encloses it and makes close contact over its entire surface”, thus being a sleeve like element).
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-14 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 12, 14 recites “element configured to receive at least one finger of a hand at least in certain areas” (claims 1, 12, 14) with claim 14 further reciting “receiving at least in certain areas at least one finger of a hand” (claim 14) wherein the “at least in certain areas” is confusing. Are these “areas” limited to the hand or the finger of the user? Or some other areas? What even is a “certain area” in this instance? The claim limitation of “certain” fails to describe the areas as the entire limitation seems colloquial in natural and fails to properly limit the claim language of “areas”. Examiner will simply interpret this as the element is configured to receive at least one finger of a hand as the “at least in certain areas” fails to further limit the invention.
Claim 10 recites “forearm receiving element is configured to receive a forearm at least in certain areas” wherein the “at least in certain areas” is confusing. Are these “areas” limited to what parts of the forearm? Or some other areas? What even is an “certain area” in this instance? The claim limitation of “certain” fails to describe the areas as the entire limitation seems colloquial in natural and fails to properly limit the claim language of “areas”. Examiner will simply interpret this as the forearm receiving element is configured to receive a forearm of the user as the “at least in certain areas” fails to further limit the invention.
Claim 13 recites “stabilizing body is configured to or configured to be at least one of… contact at least one finger, a wrist, and a forearm at least in certain areas, and ergonomically adapted at least in certain areas” wherein the “at least in certain areas” is confusing. Are these “areas” limited to what parts of the forearm/finger/wrist? Or some other areas? What even is an “certain area” in this instance? The claim limitation of “certain” fails to describe the areas as the entire limitation seems colloquial in natural and fails to properly limit the claim language of “areas”. Examiner will simply interpret this as the forearm receiving element is configured to receive a forearm/finger/wrist of the user in some capacity as the “at least in certain areas” fails to further limit the invention.
Claims 2-9, 11 rejected as being dependent on a rejected claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-11 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kelly (US 20140257159 A1).
Regarding claim 1, Kelly discloses a hand orthosis 10 (Fig. 3) comprising:
at least one finger receiving element 52 (Fig. 1B, [0043] distal portions 15 being molded caps 52 for receiving a tip of a finger), configured to receive at least one finger of a hand at least in certain areas (Fig. 3, molded caps 52 receive finger);
wherein an adjusting device 64 (Fig. 3 and 7A-7D) is configured to generate a corrective force acting on the finger receiving element 52 thereby the at least one finger is brought into a corrected position (Fig. 3, [0046, 0050] the knob 64 turns to thus apply tension into the elastic bands 26 thus generating corrective force onto the fingers).
Regarding claim 2, Kelly discloses the invention of claim 1 above.
Kelly further discloses wherein at least one connecting element 26 (Fig. 3) connects the adjusting device 64 to the at least one finger receiving element 52 (Fig. 3) and is configured to transmit the corrective force generated by the adjusting device to the finger receiving element 52 (Fig. 3, [0046, 0050] the knob 64 turns to thus apply tension into the elastic bands 26 thus generating corrective force onto the fingers).
Regarding claim 3, Kelly discloses the invention of claim 2 above.
Kelly further discloses wherein the connecting element 26
-is formed from an elastic or flexible material or comprises an elastic or flexible material ([0041] bands 26 are formed of an elastic material), or
-is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material ([0041] bands 26 may be formed of leather which is a non-elastic material).
Regarding claim 4, Kelly discloses the invention of claim 1 above.
Kelly further discloses wherein the adjusting device 64 is configured as a mechanical adjusting device (Fig. 3 and [0050], wherein the adjusting device is a mechanical knob), wherein - the corrective force is generated or adjusted by an adjusting member 64 of the adjusting device 64 (Fig. 3 and [0050], knob 64 is turned to create the force in the elastic bands 26, thus the corrective force being generated and adjusted by the knob 64), or - the adjusting member 64 of the adjusting device 64 is fixed in a desired position for fixing an intended corrective force (Fig. 3, the position of the knob 64 can be fixed, more specifically see alternate embodiment Fig. 7B similar to Fig. 3 according to [0050] wherein the rotatable knob changes the fixed position of a ratchet).
Regarding claim 5, Kelly discloses the invention of claim 4 above.
Kelly further discloses wherein the adjusting member 64 is a rotatable adjusting member 64 (Fig. 3 and [0050] knob 64 is rotatable).
Regarding claim 6, Kelly discloses the invention of claim 4 above.
Kelly further discloses the adjusting device 64 comprises a transmission member 40 for transmitting the corrective force from the adjusting member 64 of the adjusting device 64 to the finger receiving element 52 (Fig. 3, force travels from the device 64 through the transmission member 40, being a connector plate [0047], through the bands 26 to the finger receiving elements 52).
Regarding claim 7, Kelly discloses the invention of claim 6 above.
Kelly further discloses wherein the transmission member 40 -is formed from an elastic or flexible material or comprises an elastic or flexible material, or -is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material ([0047-0049] transmission member 40 being a “connector plate 40” for attachment of the bands 26, a plate is implicitly a non-flexible/non-elastic material).
Regarding claim 8, Kelly discloses the invention of claim 1 above.
Kelly further discloses a correction indicator 40 is the corrective force set by the adjusting device 64, or the resulting corrected position of the at least one finger lies within an intended correction range (see [0038, 0050] wherein the position of the connector plate 40 relative to the wrist band is indicative of the corrective force in the elastic bands 26, further see Fig. 7B for an alternative knob 64 embodiment wherein the configuration of the ratcheting 66 would be a visual corrective indicator to the user of the force set by the knob 64).
Regarding claim 9, Kelly discloses the invention of claim 8 above.
Kelly further discloses wherein the correction indicator 40 is set up to generate at least one of an optical, a haptic, and an acoustic signal relating to the set corrective force or the resulting corrected position (Fig. 3 and Fig. 7B the location of the connector plate 40 would be a visual/optical indicator/signal to the user of the force/tension in the bands 26, the invention would have implicit mechanical haptic feelings as well as acoustic sounds as the adjusting device 64 is rotated).
Regarding claim 10, Kelly discloses the invention of claim 1 above.
Kelly further discloses a forearm receiving element 24 configured to receive a forearm at least in certain areas (Fig. 1A-1B and Fig. 3, [0046] adjusting device 64/movable tension device 32 is positioned on a “wrist band” as shown, Oxford English Dictionary [https://www.oed.com/dictionary/forearm_n?tab=meaning_and_use#3739119 ] provides a definition of “forearm” being “The part of the arm between the elbow and the wrist; sometimes the whole arm below the elbow”, thus the wrist band 24 would also be a forearm receiving element as being on a forearm; further wherein depending on the size of a user’s arm the wrist band 24 is capable of being placed on a forearm and thus receiving a forearm therein).
Regarding claim 11, Kelly discloses the invention of claim 10 above.
Kelly further discloses wherein the forearm receiving element 24 (band 24 is a part of the glove, see [0040]) - is formed from an elastic or flexible material or comprises an elastic or flexible material ([0039] the glove thus including the wrist band may be formed of neoprene being an elastic and flexible material), or - is formed from a non-elastic or non-flexible material or comprises a non-elastic or non-flexible material (optional limitation), or - is formed from a breathable material or comprises a breathable material ([0039] may be formed of Teflon which is an implicitly breathable material).
Regarding claim 14, Kelly discloses a method for adjusting a hand orthosis 10 (Fig. 3, [0050] rotation of knob 64 adjusts the tension in the hand orthosis 10) comprising:
providing, at least one finger receiving element 52 (Fig. 1B, [0043] distal portions 15 being molded caps 52 for receiving a tip of a finger), configured to receive at least one finger of a hand at least in certain areas (Fig. 3, molded caps 52 receive finger);
wherein an adjusting device 64 (Fig. 3 and 7A-7D) is configured to generate a corrective force acting on the finger receiving element 52 thereby the at least one finger is brought into a corrected position (Fig. 3, [0046, 0050] the knob 64 turns to thus apply tension into the elastic bands 26 thus generating corrective force onto the fingers),
receiving at least in certain areas, at least one finger of a hand by the at least one finger receiving element 52 of the hand orthosis 10 (Fig. 3, finger is received into the receiving element 52),
generating a corrective force acting on the finger receiving element 52 for moving the at least one finger into a corrected position by an adjusting device 52 of the hand orthosis 10 ([0050] the knob 64 when turned generates tension, being a corrective force, in the tension bands 26 thus on the finger receiving element 52 thus moving the fingers into a corrected position).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kelly (US 20140257159 A1).
Regarding claim 12, Kelly discloses an orthosis assembly 10 (Fig. 3) comprising:
a hand orthosis 52/64 (Fig. 3) comprising:
at least one finger receiving element 52 (Fig. 1B, [0043] distal portions 15 being molded caps 52 for receiving a tip of a finger), configured to receive at least one finger of a hand at least in certain areas (Fig. 3, molded caps 52 receive finger);
wherein an adjusting device 64 (Fig. 3 and 7A-7D) is configured to generate a corrective force acting on the finger receiving element 52 thereby the at least one finger is brought into a corrected position (Fig. 3, [0046, 0050] the knob 64 turns to thus apply tension into the elastic bands 26 thus generating corrective force onto the fingers); and
a stabilizing body 10/11 arranged on the hand orthosis 52/64 (Fig. 3, the glove body 10/11 being a stabilizing body for the hand and the for the component parts of the hand orthosis 10 such as the finger receiving element 52 and the adjusting device 64).
Kelly does not disclose in specific for embodiment Fig. 3 that the stabilizing body 10/11 is reversibly detachably attached to the hand orthosis in a non-destructive manner.
However, Kelly does teach that the finger receiving elements 52 (and corresponding bands 26) may be a separate apparatus used in conjunction with the stabilizing body 10/11 (glove 10/11) (see [0061], thus being reversibly attached by being separate members used together), further wherein the adjusting device 64 on the wrist strap 24 may also be a separate structure to the stabilizing body 10 (see [0040] wrist band 24 releasably attached to wrist portion 16 of the glove being the stabilizing body).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided the reversibly/detachably attached features taught by Kelly to the Fig. 3 embodiment of Kelly causing the stabilizing body 10/11 to be reversibly detachably attached to the hand orthosis in a non-destructive manner in order to enable the hand orthosis features to be used with any glove/stabilizing body as desired by a user (Kelly [0040, 0061]).
Regarding claim 13, Kelly discloses the invention of claim 12 above.
Kelly further discloses the stabilizing body 10/11 (glove 10/11) is configured to or configured to be at least one of: -formed from a moldable or non-moldable material or comprises a moldable or non-moldable material ([0039] may be formed of rubber which is a moldable material), -contact at least one finger, a palm, a wrist and a forearm at least in certain areas (Fig. 3, glove is on the fingers, palm, wrist, and shown to be extending down onto the forearm of the user), and - ergonomically adapted, at least in certain areas, to the at least one finger, the palm, the wrist and the forearm (Fig. 3, being a glove body that fits onto a hand, is implicitly ergonomically adapted therein to fit onto a finger, palm, wrist, forearm of a user).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5538488 A – exercising glove with relevant inventive structures
US 20210007873 A1 – explicitly recites breathable glove
US 20090149790 A1
US 20160361179 A1
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.
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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