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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/15/2026 has been entered.
Response to Amendment
The amendment to the claims filed on 07/15/2026 is acknowledged. In the amendment, claims 1 and 2 are amended. Claims 1-16 are currently pending.
The amendment to claim 1 overcomes the drawing objection with regard to that claim.
The amendment to claim 2 overcomes the claim objection with regard to claim 2.
Response to Arguments
Applicant’s arguments, see pages 9-13, filed 07/15/2026, with respect to the rejection(s) of claim(s) 1 under 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly cited McCune (US 2010/0256543).
Specification
The amendment to the specification filed on 7/15/2026 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.
Claim(s) 1 and 15-16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McCune (US 2010/0256543).
Regarding claim 1, McCune discloses a brace (20) (Fig. 1) configured to restrict a range of motion of a joint of a subject ([0019], capable of intended use), the brace comprising: an upper support arm (22); a lower support arm (23) rotatably coupled ([0024] to [0026]) to the upper support arm by a hinge assembly (21) ([0023], the hinge has a central hub, a cap, setting arms and springs and thus is an assembly; [0027], the lower leg bar 23 [lower support arm] rotates within the hinge 21; [0028], upper hinge bar 22 [upper support arm] does not rotate and is fixed to the hinge; NOTE: thus the lower support arm is rotatably coupled to the upper support arm by a hinge assembly); a slider (24) (Fig. 3, Fig. 4) configured to slidably couple to the upper support arm or to the lower support arm ([0020], sliding members 24, 25 slide over the upper leg bar) at any of a plurality of incremental amounts of extension ([0038]; Fig. 9; NOTE: the slider 24 is capable of moving/sliding in incremental amounts over the upper support arm and is thus slidably coupled at any of a plurality of incremental amounts of extension to the upper support arm); a plurality of indexing apertures ([0038]; Fig. 9; spaces between teeth 82 on the upper support arm [upper leg bar 22] are apertures and are capable of being used as an indicator or measure of distance and thus are considered indexing) configured to receive a slider lock (80, 81) ([0039], the projecting parts are capable of being released from the leg bar’s teeth allowing for adjustment and the projecting parts are on the slider, thus there is a slider lock that includes projections that are configured to be received by the indexing apertures [spaces between the teeth] of the upper leg); and the slider lock, forming an integral part of a flap (80) of the slider (24) ([0038], the slider lock includes projections on the slider and the slider includes a flap which is a part of the lock and the projections and the flap are connected as a unit on the slider thus the lock forms an integral part of a flap in that it wors as a unit with the flap), wherein applying a force to the slider lock deflects the flap sufficiently for the slider lock to clear the plurality of indexing apertures ([0038]; Applying force on flexible areas 80 [which causes the flap to move downwardly/deflect] causes the projecting parts 81 to unlock from hinge bar teeth 82 for adjustment), thereby allowing the slider to translate freely with respect to the upper support arm or the lower support arm during adjustment between the indexing apertures ([0038]; capable of intended use).
Regarding claim 15, McCune discloses the invention as described above with regard to claim 1.
McCune further discloses wherein the slider comprises at least one tab (80, 81) ([0038]; NOTE: a second flexible area 80 is a tab and it has projecting parts 81) integrally formed with the slider ([0080]; Fig. 90; NOTE: the slider 24 has the second flexible area [tab] is thus integral with the slider) and configured to contact the upper support arm or the lower support arm ([0038]; NOTE: projecting parts of tab 80 are configured to contact the teeth 82 of the upper support arm) at least when the slider is disposed at a greatest amount of extension with respect to the upper support arm or the lower support arm ([0038]; the tab [80, 81] can contact the teeth at any extension thus capable of intended use).
Regarding claim 16, McCune discloses the invention as described above with regard to claim 15.
McCune further discloses wherein the at least one tab is integrally formed or molded with the slider (Fig. 9; [0038]; NOTE: the sliding member 24 [slider] has the second flexible area 80, 81 [tab] and thus the tab is integrally formed with the slider and it is part of a unit thus integral with the slider).
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.
Claim(s) 2-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCune (US 2010/0256543) as applied to claim 1 above, in view of Darugar (US 2015/0272766) and in further view of Holt (US 2013/0269628)
Regarding claim 2, McCune discloses the invention as described above with regard to claim 1.
McCune does not disclose a plurality of buckles, each buckle comprising: a first planar portion; a second planar portion separated from the first planar portion by a space; a first bridging element disposed perpendicular to the first and second planar portions and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion; and a second bridging element disposed perpendicular to the first and second planar portions and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion.
Darugar teaches an analogous brace 10 ([0018], knee brace) further comprising a plurality of buckles (52) ([0021]; Fig. 6A, 6B, Fig. 1).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide a plurality of buckles to the brace of McCune in order to provide an improved brace that facilitates securing straps to the support arms (Darugar, [0021]) and to the legs of the wearer (Darugar, [0024]).
McCune in view of Darugar discloses the invention as described above.
The combination does not disclose each buckle comprising: a first planar portion; a second planar portion separated from the first planar portion by a space; a first bridging element disposed perpendicular to the first and second planar portions and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion; and a second bridging element disposed perpendicular to the first and second planar portions and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion.
Holt teaches an analogous buckle 18 (strap adjuster 18, Figs. 4 and 5, [0024]) for a strap ([0022]) comprising: a first planar portion (26) ([0025]; annotated Fig. 4 below);
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a second planar portion (25) ([0025]; annotated Fig. 4 and Fig. 5) separated from the first planar portion by a space (37); a first bridging element (24) ([0025]) disposed perpendicular to the first and second planar portions (annotated Fig. 4) and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion (25) ([0025]; annotated Fig. 4, rear portion opposing front portion); and a second bridging element (23) disposed perpendicular to the first and second planar portions (annotated Fig. 4 and Fig. 5) and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that each buckle of the plurality of buckles of the brace of McCune in view of Darugar is comprising: a first planar portion; a second planar portion separated from the first planar portion by a space; a first bridging element disposed perpendicular to the first and second planar portions and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion; and a second bridging element disposed perpendicular to the first and second planar portions and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion, as taught by Holt, in order to provide an improved brace that facilitates adjusting the length of the strap (Holt, [0012]).
Regarding claim 3, McCune in view of Darugar and in further view of Holt discloses the invention as described above with regard to claim 2.
Holt further teaches wherein the first bridging element and the second bridging element each have an elliptical or football-shaped cross-section (annotated Fig. 8 below)
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perpendicular to upper surfaces of the first and second planar portions (annotated Fig. 8, the outer surface of the first planar portion is an upper surface and the inner surface of the second planar portion is an upper surface relative to a lower surface of the buckle and/or depending on orientation) such that a middle of each of the first bridging element and the second bridging element bows outward perpendicularly to the upper surfaces of the first and second planar portions (the element 24 bows outward relative to the upper surface of the first planar portion as shown by the arrow and is perpendicular to the first planar portion line as shown, therefore the first bridging element bows outward perpendicularly to the upper surface of the first planar portion and the same would be true of the opposing upper surface of the second planar portion where the second bridging element would bow outwardly relative to the second planar portion and perpendicularly relative to the upper surface of the second planar portion), thereby limiting lateral movement of a respective strap within the buckle ([0031]; capable of intended use).
Regarding claim 4, McCune in view of Darugar and in further view of Holt discloses the invention as described above with regard to claim 3.
Holt further teaches wherein the buckle further comprises a shaft (35) ([0028]) extending between the first and second bridging elements in the space between the first and second portions (Fig. 4, a height of the shaft/rib 35 extends in a space between the first and second bridging portions), a longitudinal axis of extension of the shaft being parallel to an upper surface of at least one of the first planar portion and the second planar portion (annotated Fig. 8 below shows the longitudinal axis of extension of the shaft is parallel to an upper surface of the first planar portion; NOTE: the surface is an upper surface depending on orientation) and perpendicular to facing surfaces of the first and second bridging elements (Fig. 4; annotated Fig. 8, NOTE: a height of the shaft 35 [longitudinal extension of the shaft] is perpendicular to a bottom length of the facing surfaces of the first and second bridging elements).
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Regarding claim 5, McCune in view of Darugar and in further view of Holt discloses the invention as described above with regard to claim 4.
Holt further teaches wherein the longitudinal axis of extension of the shaft is in a plane below a plane of the upper surface of at least one of the first planar portion and the second planar portion (See annotated Fig. 8 above with regard to the claim 4 rejection; NOTE: depending on orientation, the longitudinal axis of extension of the shaft is in a plane below a plane of the upper surface of the first planar portion e.g. where the buckle is rotated the longitudinal axis is in a plane below a plane of the upper surface of the first planar portion).
Regarding claim 6, McCune in view of Darugar and in further view of Holt discloses the invention as described above with regard to claim 2.
Holt further teaches wherein the first planar portion comprises a beveled edge facing the second planar portion (annotated Fig. 8 and annotated Fig. 4 below; bevel is defined as the angle that one surface or line makes with another when they are not at right angles, merriamwebster.com; The outer and inner corners of the body, at the intersection of the side rails 23 and 24 and end rails 25 and 26, may be rounded to reduce the sharp edges and corners on the strap adjuster 18, [0025]; NOTE as the inner and outer corners have rounded edges they are not at right angles and thus are beveled and a corner of a second portion would face a corner of a first portion, see annotated Fig. 4 below)
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and configured to direct a respective strap within the buckle ([0031]; Fig. 3; NOTE: inside corners are capable of directing the strap as strap contacts inside corner; capable of intended use).
Regarding claim 7, McCune in view of Darugar and in further view of Holt discloses the invention as applied above to claim 6 above.
Holt further teaches wherein facing edges of the first and second planar portions are parallel (annotated Fig. 6 below shows the facing edges and the edges are parallel).
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Regarding claim 8, McCune in view of Darugar and in further view of Holt discloses the invention as applied above to claim 6 above.
Holt further teaches wherein opposing outer edges of the first and second planar portions are curved (see annotated Fig. 7 above with regard to the rejection to claim 8).
Regarding claim 9, McCune in view of Darugar and in further view of Holt discloses the invention as described above with regard to claim 3.
Holt further teaches the upper surface of the first planar portion comprises a plurality of ridges ([0030], notches [ridges] are provided on the shaft 35 and the shaft is connected to the upper surface of the first planar portion via bridging elements 24 and 23, thus the planar portion comprises a plurality of ridges) configured to provide increased resistance to movement of the respective strap when the brace is secured to the appendage of the subject ([0030]; capable of intended use).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCune (US 2010/0256543) as applied to claim 1 above, in view of Ceriani (US 2006/0155229).
Regarding claim 2, McCune discloses the invention as described above with regard to claim 1.
McCune does not disclose a plurality of buckles, each buckle comprising: a first planar portion; a second planar portion separated from the first planar portion by a space; a first bridging element disposed perpendicular to the first and second planar portions and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion; and a second bridging element disposed perpendicular to the first and second planar portions and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion.
Ceriani teaches an analogous brace 10 (orthopedic brace 10, [0027]; Fig. 1; Fig. 2) configured to restrict a range of motion of a joint of a subject (The lateral central joint 12a is preferably a dynamic joint, which dynamically connects the lateral upper and lower support assemblies 14a, 16a, and is more preferably a rotational hinge, which rotationally connects the lateral upper and lower support assemblies 14a, 16a. The lateral central joint 12a is most preferably a releasably locking rotational hinge with adjustable rotation limits as shown herein, [0031]; capable of intended use), the brace comprising: an analogous upper support arm 20b ([0033]); an analogous lower support arm 24b ([0030]); a plurality of buckles (52a, 52b, 66a, 66b) (upper distal strap attachment member 52a, [0042]; lower distal strap attachment member 52b, [0037]; [0038]; upper proximal strap attachment member 66a, [0036]; [0038]; lower proximal strap attachment member 66b, [0038]; buckle is defined as a clasp consisting of a rectangular or curved rim with one or more movable tongues, fixed to one end of a belt or strap, used for fastening to the other end of the same strap or to another strap; any similar contrivance, dictionary.com; NOTE: as the strap attachment members are similar contrivance to the definition of a buckle in that they are fixed to one end of a belt and used for fastening, they are buckles), each buckle comprising: a first planar portion (see annotated Fig. 3 below which is a magnified portion of Fig. 3; NOTE: a first planar portion is a first edge portion of the buckle that has a planar section; [0036]; [0038]);
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a second planar portion (annotated Fig. 3 above; NOTE: a second planar edge portion is a second portion of the buckle that has a planar section) separated from the first planar portion by a space 54 (strap attachment loop 54, [0043]; see annotated Fig. 3 above); a first bridging element disposed perpendicular to the first and second planar portions (see annotated Fig. 3 above; NOTE: a height of the first bridging element is disposed perpendicular to a lower surface of the first and second planar portions) and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion (annotated Fig. 3 above); and a second bridging element disposed perpendicular to the first and second planar portions (see annotated Fig. 3 above; NOTE: a height of the second bridging element is disposed perpendicular to a lower surface of the first and second planar portions) and coupling an opposing second outer edge of the first planar portion (annotated Fig. 3) to an opposing second outer edge of the second planar portion (annotated Fig. 3).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide to the brace of McCune a plurality of buckles, each brace comprising: a first planar portion; a second planar portion separated from the first planar portion by a space; a first bridging element disposed perpendicular to the first and second planar portions and coupling a first outer edge of the first planar portion to a first outer edge of the second planar portion; and a second bridging element disposed perpendicular to the first and second planar portions and coupling an opposing second outer edge of the first planar portion to an opposing second outer edge of the second planar portion, as taught by Ceriani, in order to provide an improved brace that facilitates strap attachment at upper and lower positions along contours of the body including the leg (Ceriani, [0035] to [0038]; [0040]).
Claim(s) 10-11 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCune (US 2010/0256543) in view of Ceriani (US 2006/0155229) as applied to claim 2 above, and in further view of Ceriani II (US 2006/0155232).
Regarding claim 10, McCune in view of Ceriani discloses the invention as described above with regard to claim 2.
Ceriani further teaches a plurality of cuffs (72) (NOTE: pad 72 is a cuff as it encircles partially around the leg Fig. 3), wherein each of the plurality of cuffs comprises a respective hook (50) ([0034]).
The combination does not explicitly disclose wherein the second planar portion of each of the plurality of buckles comprises an aperture configured to receive any one of the respective hooks and, thereby, secure the respective buckle to the respective cuff.
Ceriani II teaches an analogous brace (10) having an analogous plurality of buckles (52a) and an analogous plurality of cuffs (72), wherein each of the plurality of cuffs comprises an analogous respective hook (50) (Fig. 6 shows 56 is an aperture and 50 is a hook in at least that it is hook shaped and hooks through the opening) and wherein an analogous second planar portion (planar portion around aperture 56, see Fig. 6) of each of the plurality of buckles comprises an aperture (56) configured to receive any one of the respective hooks (Fig. 6)and, thereby, secure the respective buckle to the respective cuff (capable of intended use; Fig. 6).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the second planar portion of each of the plurality of buckles of the brace of McCune in view of Ceriani comprises an aperture configured to receive any one of the respective hooks and, thereby, secure the respective buckle to the respective cuff, as taught by Ceriani II in order to provide an improved brace that facilitates uncoupling and recoupling (Ceriani II, [0077], [0078]).
Regarding claim 11, McCune in view of Ceriani and in further view of Ceriani II discloses the invention as described above with regard to claim 10.
Ceriani II further teaches wherein the aperture has a square or rectangular form factor (annotated Fig. 6 below, the aperture is four sided and thus has an element contributing to the result of a square and thus has a form factor of a square) with rounded corners (annotated Fig. 6 below).
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Regarding claim 13, McCune in view of Ceriani and in further view of Ceriani II discloses the invention as described above with regard to claim 10.
Ceriani further teaches wherein at least a portion of the buckle is configured to conform to a contour of an ankle of the subject (see Fig. 3 where the buckles is near the ankle and as it is extendable is capable of being extended lower to the ankle and to is show encircling the leg thus is capable of conforming to contour of an ankle).
Regarding claim 14, McCune in view of Ceriani and in further view of Ceriani II discloses the invention as described above with regard to claim 10.
Ceriani further teaches an analogous cuff (72, 38a) (Fig. 1, upper distal strap guide member 38a; The upper distal strap guide and connection members 38a, 42a are preferably fabricated from a relatively rigid material, such as a high-strength plastic, and have an arcuate configuration, which corresponds to the contours of the body of a user on whom the orthopedic brace 10 is to be mounted in a manner described below, [0035]) comprises a strap retaining element comprising a rotatable cam 46 ([0034], rotationally-connected strap lock 46 or a flap) having a hook and loop fastener (The length of the posterior segment 90 is adjusted in correspondence with the size of the leg 74 and releasably fixed by fastening the strap lock 46 on the upper distal strap guide member 38a to the upper distal strap 82a using fastening means (not shown), such as hook and loop fasteners mounted on the inner face of the strap lock 46 and outer face of the upper distal strap 82a, [0042]) configured to attach to and immobilize the respective strap (Fig. 1, for example, strap 82a having posterior segment 90; capable of intended use).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that wherein at least one of the plurality of cuffs coupled to buckles of the brace of McCune in view of Ceriani and in further view of Ceriani II comprises a strap retaining element comprising a rotatable cam or a flap having a hook and loop fastener configured to attach to and immobilize the respective strap, as taught by Ceriani, in order to provide an improved brace that facilitates releasably fixing the strap to at least one of the plurality of cuffs (Ceriani, [0042]).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 1226311 (“the reference patent”) in view of McCune (US 2010/0256543).
Regarding claim 1, the limitations therein are recited in claim 1 of the reference patent including a brace configured to restrict a range of motion of a joint of a subject, the brace comprising: an upper support arm; a lower support arm rotatably coupled to the upper support arm by a hinge assembly; a slider configured to slidably couple to the upper support arm or to the lower support arm at any of a plurality of incremental amounts of extension; and a plurality of indexing apertures disposed along a slot and configured to receive a slider lock; and the slider lock, wherein the slider lock is configured to deflect and clear the plurality of indexing apertures when force is applied to the slider lock, thereby allowing the slider to translate freely with respect to the upper support arm or the lower support arm during adjustment between apertures.
Claim 1 of the reference patent does not disclose the slider lock, forming an integral part of a flap of the slider, wherein applying a force to the slider lock deflects the flap sufficiently for the slider lock to clear the plurality of indexing apertures when force is applied to the slider lock.
McCune teaches an analogous brace (20) (Fig. 1) configured to restrict a range of motion of a joint of a subject ([0019], capable of intended use), the brace comprising: an analogous upper support arm (22); an analogous lower support arm (23) rotatably coupled ([0024] to [0026]) to the upper support arm by an analogous hinge assembly (21) ([0023], the hinge has a central hub, a cap, setting arms and springs and thus is an assembly; [0027], the lower leg bar 23 [lower support arm] rotates within the hinge 21; [0028], upper hinge bar 22 [upper support arm] does not rotate and is fixed to the hinge; NOTE: thus the lower support arm is rotatably coupled to the upper support arm by a hinge assembly); an analogous slider (24) (Fig. 3, Fig. 4) configured to slidably couple to the upper support arm or to the lower support arm ([0020], sliding members 24, 25 slide over the upper leg bar) at any of a plurality of incremental amounts of extension ([0038]; Fig. 9; NOTE: the slider 24 is capable of moving/sliding in incremental amounts over the upper support arm and is thus slidably coupled at any of a plurality of incremental amounts of extension to the upper support arm); an analogous plurality of indexing apertures ([0038]; Fig. 9; spaces between teeth 82 on the upper support arm [upper leg bar 22] are apertures and are capable of being used as an indicator or measure of distance and thus are considered indexing) configured to receive an analogous slider lock (80, 81) ([0039], the projecting parts are capable of being released from the leg bar’s teeth allowing for adjustment and the projecting parts are on the slider, thus there is a slider lock that includes projections that are configured to be received by the indexing apertures [spaces between the teeth] of the upper leg); and the slider lock, forming an integral part of a flap (80) of the slider (24) ([0038], the slider lock includes projections on the slider and the slider includes a flap which is a part of the lock and the projections and the flap are connected as a unit on the slider thus the lock forms an integral part of a flap in that it wors as a unit with the flap), wherein applying a force to the slider lock deflects the flap sufficiently for the slider lock to clear the plurality of indexing apertures ([0038]; Applying force on flexible areas 80 [which causes the flap to move downwardly/deflect] causes the projecting parts 81 to unlock from hinge bar teeth 82 for adjustment), thereby allowing the slider to translate freely with respect to the upper support arm or the lower support arm during adjustment between the indexing apertures ([0038]; capable of intended use).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the slider lock of the brace of claim 1 of the reference patent, is forming an integral part of a flap of the slider, wherein applying a force to the slider lock deflects the flap sufficiently for the slider lock to clear the plurality of indexing apertures when force is applied to the slider lock, as taught by McCune, in order to provide an improved brace that facilitates customization of the brace for patients of various physical dimensions (McCune, [0037] to [0038]).
The limitations of application claim 2 are substantially disclosed in patent claim 2.
The limitations of application claim 3 are substantially disclosed in patent claim 8.
The limitations of application claim 4 are substantially disclosed in patent claim 10.
The limitations of application claim 5 are substantially disclosed in patent claim 11.
The limitations of application claim 6 are substantially disclosed in patent claim 12.
The limitations of application claim 7 are substantially disclosed in patent claim 13.
The limitations of application claim 8 are substantially disclosed in patent claim 14.
The limitations of application claim 9 are substantially disclosed in patent claim 9.
The limitations of application claim 10 are substantially disclosed in patent claim 3.
The limitations of application claim 11 are substantially disclosed in patent claim 6.
The limitations of application claim 12 are substantially disclosed in patent claim 7.
The limitations of application claim 13 are substantially disclosed in patent claim 4.
The limitations of application claim 14 are substantially disclosed in patent claim 5.
The limitations of application claim 15 are substantially disclosed in patent claim 15.
The limitations of application claim 16 are substantially disclosed in patent claim 16.
Allowable Subject Matter
Claim 12 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and contingent upon overcoming the double patenting rejection.
Conclusion
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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
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