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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), is acknowledged.
Claim Rejections - 35 USC § 102
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 and 3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,640,810 (“Callsen et al”).
With respect to claim 1, Callsen et al discloses A heel protector to reduce the force amplifications upon the foot when the body is in the supine position (col 1 ll 10-15, boot for use in prone position), comprising:
a pair of main chambers defining a foot cavity therebetween configured to receive at least the ankle and foot of a patient and defining a leg opening for access to the foot cavity (Fig 1, col 2 ll 30-40, chambers are pockets for respective foams 40 and 42, they form a leg opening and cavity for leg 14 and foot 12); and
at least one strap extending across the leg opening to connect the pair of main chambers over the leg of the patient (Fig 1, leg strap 30),
wherein the pair of main chambers includes a self-expanding core that adopts an expanded shape to define the foot cavity and that is compressible to a compressed shape for storage (Fig 1, col, foams 40 and 42 is made of open cell foam, open cell foam is compressible and expandable on its own when not compressed).
With respect to claim 3, Callsen et al discloses The heel protector of claim 1, wherein each of the pair of main chambers includes separate self-expanding cores (Fig 1, col 2 ll 30-40, individual pockets/chambers for cores 40 and 42).
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.
Claims 1, 4, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over US 10,806,633 (“Spahn et al”) in view of Callsen et al.
With respect to claim 1, Spahn et al discloses A heel protector to reduce the force amplifications upon the foot when the body is in the supine position (col 1 ll 15-20, boot for use in prone position), comprising:
a pair of main chambers defining a foot cavity therebetween configured to receive at least the ankle and foot of a patient and defining a leg opening for access to the foot cavity (Fig 4, col 5 ll 50-55, chambers with interior material 128); and
at least one strap extending across the leg opening to connect the pair of main chambers over the leg of the patient (Fig 1, leg strap 148).
While Spahn discloses a series of alternative cushioning material (col 5 ll 40-55), Spahn is silent on wherein the pair of main chambers includes a self-expanding core that adopts an expanded shape to define the foot cavity and that is compressible to a compressed shape for storage.
Callsen et al teaches an analogous user ankle support wherein the pair of main chambers includes a self-expanding core that adopts an expanded shape to define the foot cavity and that is compressible to a compressed shape for storage (Fig 1, col 2 ll 30-40, foams 40 and 42 is made of open cell foam, open cell foam is compressible and expandable on its own when not compressed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of Spahn et al to be the foam as taught by Callsen et al in order to improve the device size and comfort (Callsen et al col 1 ll 20-30).
With respect to claim 4, Spahn et al/Callsen et al discloses The heel protector of claim 1, further comprising a foot gate (Spahn et al Fig 7, gate 104).
With respect to claim 5, Spahn et al/Callsen et al discloses The heel protector of claim 4, wherein the foot gate includes a self-expanding core separate from the self-expanding core of the pair of main chambers (Spahn et al, Fig 7, gate material is separate) (Callsen et al Fig 1, separate foam 38 of the foot portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the material of Spahn et al (col 5 ll 40-55, taught to be a series of cushioning materials) to be the foam as taught by Callsen et al in order to improve the device size and comfort (Callsen et al col 1 ll 20-30).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Callsen et al in view of US 2007/0294920 (“Baychar”).
With respect to claim 2, Callsen et al discloses The heel protector of claim 1.
Callsen is silent on wherein the core is open-cell polyurethane (PU) polymer coated with flock, with a plurality of interconnected interstices for receiving air.
Baychar teaches an analogous boot foam that is open-cell polyurethane (PU) polymer coated with flock ([0032], open cell polyurethane foam that is flocked), with a plurality of interconnected interstices for receiving air ([0100], claimed feature is an inherent property of open cell foam, the foam 20 is open cell).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the foam material of Callsen et al to be the material as detailed in Baychar in order to ensure the foam is soft but breathable and hygienic (Baychar [0100]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D BAKER whose telephone number is (571)270-3333. The examiner can normally be reached Monday-Friday 9:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E 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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/ADAM BAKER/ Primary Examiner, Art Unit 3786