DETAILED ACTION
This is the initial Office action for application 19/060,554 filed February 21, 2025, which claims foreign priority from CN202411422621.9 filed in the People’s Republic of China on October 11, 2024. Claims 1-14, as originally filed, are currently pending.
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 . 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.
Priority
Acknowledgment is made of Applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been received as required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election of Species I in the reply filed on March 25, 2026 is acknowledged. Because Applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)). Applicant cancelled claim 15 to non-elected Species II.
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.
Claims 1-14 are 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.
Claim 1 recites the limitation “the energy storage component supplies energy to the therapy component”; however, this limitation appears to be directed to a process of using the energy storage component of the physical therapy wrist guard. While Applicant may use functional language to define the invention by what it does or how it is used rather than what it is, a single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b). See In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 1318, 97 USPQ2d 1737, 1748-49 (Fed. Cir. 2011). MPEP 2173.05(p). For examination purposes, the above limitation of claim 1 has been interpreted as “the energy storage component is configured to supply energy to the therapy component”.
Claims 2-14 are included in the rejection under 35 U.S.C. 112(b) based on their dependence from rejected claim 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.
Claims 1-3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Bond et al. (US 2024/0130882) in view of Wang et al. (US 2024/0390172).
Regarding claim 1, Bond discloses a wrist guard (orthopedic device 100) comprising:
a wrist guard body (body mount 200) suitable for wrapping around a hand and providing a therapy component (therapeutic add-ons such as means 600 / body warmer 620 / body stimulator 640) for treating the hand, the wrist guard body (200) comprising a base corresponding to a back to the hand and at least one first component (controller interface 250) arranged in the base and being connected to the therapy component (600/620/640) (Figs. 7-14; ¶ 0053, 0082, 0086, 0117-0119, & 0122-0123); and
a control device (controller 500) comprising at least one second component (housing 510) configured for being detachably connected to the at least one first component (250), and an energy storage component (power supply 520) being electrically connected to the at least one second component (510), wherein after the at least one second component is (510) is connected to the at least one first component (250), the energy storage component (520) is configured to supply energy to the therapy component (600/620/640) (Figs. 2 & 12-14; ¶ 0053, 0056-0057, 0059-0061, & 0070).
Although Bond further discloses that the control device (500) is removably coupled to the wrist guard body (200) via a toolless couple between the at least one first component (250) and the at least one second component (510) such that the control device (500) can be indirectly communicably coupled to body sensors (300) by wireless communications, inductively, capacitively, magnetically, etc. (¶ 0054-0055, 0057, 0086), Bond fails to expressly teach that the at least one first and second components are conductive components.
Wang discloses an orthosis comprising a body having a first conductive component (magnetic connectors or conductive fabric electrodes) and a control device (controller module) having a second conductive component (magnetic electronic functional module) configured for being detachably connected to the first conductive component, wherein after the second conductive component is connected to the first conductive component, an energy storage component (power module) is capable of supplying energy through wire tapes on the body due to the magnetic attraction between the first and second conductive components to form an electric circuit communication (¶ 0044-0045 & 0058).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by Bond such that the at least one first component and the at least one second component are conductive components as taught by Wang for the purpose of forming a functional electric circuit between the control device and the wrist guard body.
Regarding claim 2, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, and Bond further discloses that an extension direction of the at least one first conductive component (250) is perpendicular to a surface where the base is located, and an extension direction of the at least one second conductive component (510) is perpendicular to a surface of the control device (500) facing the base, wherein the at least one second conductive component (510) is detachably connected to the at least one first conductive component (250) by insertion and removal to restrict the movement of the control device (500) within the surface where the base is located (Figs. 2, 10, & 12; ¶ 0057, 0082, & 0086).
Regarding claim 3, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, and Bond further discloses that the at least one first conductive component (250) and the at least one second conductive component (510) may be magnetically connected (¶ 0054) and Wang further discloses that the first conductive component and the second conductive component are both made of magnetic material and are magnetically connected to restrict the movement of the control device in the direction perpendicular to the surface of the base so that after the second conductive component is connected to the first conductive component and the relative position between the control device and the base is fixed (¶ 0044 & 0058).
Regarding claim 11, the combination of Bond and Wang discloses the invention substantially as claimed, as described above. Although the combination of Bond and Wang fails to expressly teach that a magnetic force between the at least one first conductive component and the at least one second conductive component is greater than a gravity of the control device, it would have been obvious to one having ordinary skill in the art to construct the physical therapy wrist guard taught by the combination of Bond and Wang such that a magnetic force between the at least one first conductive component and the at least one second conductive component is greater than a gravity of the control device for the purpose of preventing the control device from simply falling off the wrist guard body.
Claims 4, 5, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Bond in view of Wang as applied to claim 1 above, and in further view of Farris et al. (US 2021/0275382).
Regarding claim 4, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, and Bond further discloses that the at least one first conductive component (250) is embedded in the base (¶ 0082 & 0086).
However, the combination of Bond and Wang fails to teach that a middle of the at least one first conductive component is provided with a first groove and a middle of the at least one second conductive component is provided with a first protrusion corresponding to the first groove, wherein the at least one second conductive component and the at least one first conductive component can be plugged and connected through the cooperation of the first groove and the first protrusion.
Farris discloses a two-part coupling system comprising a first conductive component (first magnetic/electrical coupling 60) and a second conductive component (second magnetic/electrical coupling 210) configured for being detachably connected to the first conductive component (60), wherein a middle of the first conductive component (60) is provided with a first groove (central recess 63) and a middle of the second conductive component (210) is provided with a first protrusion (central protrusion 213) corresponding to the first groove (63), and the second conductive component (210) and the first conductive component (60) can be plugged and connected through the cooperation of the first groove (63) and the first protrusion (213) (Figs. 14-15 & 17; ¶ 0062-0065 & 0071-0074).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that a middle of the at least one first conductive component is provided with a first groove and a middle of the at least one second conductive component is provided with a first protrusion corresponding to the first groove, wherein the at least one second conductive component and the at least one first conductive component can be plugged and connected through the cooperation of the first groove and the first protrusion as taught by Farris for the purpose of ensuring proper alignment of the at least one first and second conductive components.
Regarding claim 5, the combination of Bond / Wang / Farris discloses the invention substantially as claimed, as described above, and Farris further discloses that a side of the first groove (63) away from the first conductive component (60) and a side of the first protrusion (213) away from the second conductive component (210) both have a chamfer capable of facilitating the insertion of the first protrusion (213) into the first groove (63) (Figs. 15 & 17).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond / Wang / Farris such that a side of the first groove away from the wrist guard body and a side of the first protrusion away from the control device both have a chamfer capable of facilitating the insertion of the first protrusion into the first groove as further taught by Farris for the purpose of providing a self-aligning coupling.
Regarding claim 9, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, but fails to teach that a middle of the at least one first conductive component is provided with a first groove and a middle of the at least one second conductive component is provided with a first protrusion corresponding to the first groove, wherein the at least one first conductive component and the at least one second conductive component can be plugged and connected through the cooperation of the first groove and the first protrusion.
Farris discloses a two-part coupling system comprising a first conductive component (first magnetic/electrical coupling 60) and a second conductive component (second magnetic/electrical coupling 210) configured for being detachably connected to the first conductive component (60), wherein a middle of the first conductive component (60) is provided with a first groove (central recess 63) and a middle of the second conductive component (210) is provided with a first protrusion (central protrusion 213) corresponding to the first groove (63), and the first conductive component (60) and the second conductive component (210) can be plugged and connected through the cooperation of the first groove (63) and the first protrusion (213) (Figs. 14-15 & 17; ¶ 0062-0065 & 0071-0074).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that a middle of the at least one first conductive component is provided with a first groove and a middle of the at least one second conductive component is provided with a first protrusion corresponding to the first groove, wherein the at least one first conductive component and the at least one second conductive component can be plugged and connected through the cooperation of the first groove and the first protrusion as taught by Farris for the purpose of ensuring proper alignment of the at least one first and second conductive components.
Regarding claim 12, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, but fails to teach that the at least one first conductive component comprises multiple first conductive components, the at least one second conductive component comprises multiple second conductive components, wherein the multiple first conductive components and the multiple second conductive components are uniformly distributed, including linear array distribution, square shape distribution, and circular shape distribution.
Farris discloses a two-part coupling system comprising a body (first magnetic/electrical coupling 60) having multiple first conductive components (ferrous contacts 66) and a device (second magnetic/electrical coupling 210) having multiple second conductive components (magnetic elements 216) configured for being detachably connected to multiple first conductive components (66), wherein the multiple first conductive components (66) and the multiple second conductive components (216) are uniformly distributed, including a circular shape distribution (Fig. 17; ¶ 0065 & 0073-0075).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that the at least one first conductive component comprises multiple first conductive components, the at least one second conductive component comprises multiple second conductive components, wherein the multiple first conductive components and the multiple second conductive components are uniformly distributed, including linear array distribution, square shape distribution, and circular shape distribution as taught by Farris for the purpose of providing a stronger magnetic connection between the wrist guard body and the control device.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bond in view of Wang as applied to claim 1 above, in further view of Farris as applied to claim 4 above, and in even further view of Wersland et al. (US 2023/0074407).
The combination of Bond / Wang / Farris discloses the invention substantially as claimed, as described above, and Farris further discloses that a cross-section of the first groove (63) is circular (Fig. 14).
However, the combination of Bond / Wang / Farris fails to teach that the at least one first conductive component comprises two first conductive components.
Wersland discloses a physical therapy device (garment assembly 210) comprising a body (garment portion 248) having a first conductive component (magnet 246) and a control device (control module 234) having a second conductive component (magnet 244) configured for being detachably connected to the first conductive component (246), wherein the first conductive component (246) comprises two first conductive components (246) (Figs. 27-28 & 30-33; ¶ 0158-0162 & 0164-0165).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond / Wang / Farris such that the at least one first conductive component comprises two first conductive components as taught by Wersland for the purpose of giving a user wearing the physical therapy wrist guard at least two options for where to position the control device.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Bond in view of Wang as applied to claim 1 above, in further view of Farris as applied to claim 4 above, and in even further view of Clausen et al. (US 2022/0168117).
The combination of Bond / Wang / Farris discloses the invention substantially as claimed, as described above, but fails to teach that a cross-section of the first groove is non-circular.
Clausen discloses a magnetic coupling comprising a first component (bottom portion 250) provided with a groove (slot 210) and a second component (support device 100) provided with a protrusion (protrusion 212) corresponding to the groove (210), wherein a cross-section of the groove (210) may be non-circular (Figs. 7L-7M; ¶ 0087-0088).
Therefore, it would have been an obvious matter of design choice to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond / Wang / Farris such that a cross-section of the first groove is non-circular as taught by Clausen since Applicant has not disclosed that such a shape solves any stated problem or is anything more than one of numerous shapes or configurations a person of ordinary skill in the art would find obvious for the purpose of providing a groove for receiving a corresponding protrustion. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claims 8, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Bond in view of Wang as applied to claim 1 above, and in further view of Wersland et al. (US 2023/0074407).
Regarding claim 8, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, but fails to teach that the at least one first conductive component comprises multiple first conductive components so that the second conductive component can be connected to the first conductive components in different directions thereby changing the installation direction of the control device.
Wersland discloses a physical therapy device (garment assembly 210) comprising a body (garment portion 248) having a first conductive component (magnet 246) and a control device (control module 234) having a second conductive component (magnet 244) configured for being detachably connected to the first conductive component (246), wherein the first conductive component (246) comprises multiple first conductive components (246) so that the second conductive component (244) can be connected to the first conductive components (246) in different directions thereby changing the installation direction of the control device (234) (Figs. 27-28 & 30-33; ¶ 0158-0162 & 0164-0165).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that the at least one first conductive component comprises multiple first conductive components so that the second conductive component can be connected to the first conductive components in different directions thereby changing the installation direction of the control device as taught by Wersland for the purpose of giving a user wearing the physical therapy wrist guard a plurality of options for where to position the control device.
Regarding claims 13 and 14, the combination of Bond and Wang discloses the invention substantially as claimed, as described above, and Bond further discloses that the therapy component (600/620/640) is arranged on the wrist guard body (200) so as to be in communication with a body part of interest (¶ 0118 & 0122).
However, the combination of Bond and Wang fails to teach that the wrist guard body is provided with a through hole and the therapy component is mounted in the though hole, wherein the therapy component comprises a connecting part and a therapy part, a size of the connecting part is greater than that of the through hole such that the connecting part is mounted on the wrist guard body, and a size of the therapy part is less than that of the through hole such that the therapy part is located in the through hole.
Wersland discloses a physical therapy device (wrist strap 252) comprising a body (main body portion 264) provided with a through hole (cavity 253), and a therapy component (temperature control module 234) mounted in the through hole (253), wherein the therapy component (234) comprises a connecting part (module housing 242) and a therapy part (thermal element 240), a size of the connecting part (242) is greater than that of the through hole (253) such that the connecting part (242) is mounted on the body (264), and a size of the therapy part (240) is less than that of the through hole (253) such that the therapy part (240) is located in the through hole (253) (Figs. 36-37; ¶ 0170 & 0172).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that the wrist guard body is provided with a through hole and the therapy component is mounted in the though hole as taught by Wersland for the purpose of enabling direct contact between the therapy component and a user’s skin.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Bond in view of Wang as applied to claim 1 above, and in further view of Toya et al. (US 2008/0053979).
The combination of Bond and Wang discloses the invention substantially as claimed, as described above, and Bond further disclose that the energy storage component (520) is a battery (522) (¶ 0060).
However, the combination of Bond and Wang fails to teach that the battery is a lithium-ion battery or a lithium-ion battery pack, and the lithium-ion battery and the lithium-ion battery pack provides a voltage in a range of 2.4-4.2V.
Toya discloses a physical therapy device (hand warmer) comprising a therapy component (heaters 3) and an energy storage component (battery 1) configured to supply energy to the therapy component (3), wherein the energy storage component (1) is a lithium-ion battery or a lithium-ion battery pack, and the lithium-ion battery and the lithium-ion battery pack provides a voltage in a range of 2.4-4.2V (Fig. 7; ¶ 0085-0086).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the physical therapy wrist guard taught by the combination of Bond and Wang such that the battery is a lithium-ion battery or a lithium-ion battery pack, and the lithium-ion battery and the lithium-ion battery pack provides a voltage in a range of 2.4-4.2V as taught by Toya for the purpose of providing a suitable battery for providing an appropriate power for operating the therapy component of the physical therapy wrist guard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
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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/KERI J NELSON/Primary Examiner, Art Unit 3786 6/11/2026
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