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 .
Claim Objections
Claim 17 objected to because of the following informalities:
Claim 17 recites “of claim 1” wherein based on this claim being substantially duplicate to claim 8 as written, and being written proceeding claim independent claim 15, Examiner presumes this to be a typo and being actually meant to depend from claim 15. Will be read as -of claim 15-.
Appropriate correction is required.
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) 1-4, 7-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thorgilsdottir et al (US 7981068 B2), henceforth Thor.
Regarding claim 1, Thor discloses a posterior collar assembly 370 (Fig. 36-41) for a cervical collar 100 (Fig. 1), comprising:
one or more cervical panels 398 (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region); and
an attachment panel 372 including (i) a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37),
(ii) a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37), and
(iii) a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Regarding claim 2, Thor discloses the invention of claim 1 above.
Thor further discloses wherein the first extension member 376-1 is laterally adjustable in a first direction away from the central support member 372 and the second extension member 376-2 is laterally adjustable in a second direction away from the central support member 372 (Col. 15 line 63 – Col. 16 line 44, wherein each extension member 376 has a side connection piece 402 for laterally adjusting the length of the extension members 376 in two first and second directions being away from the central support member 372 through locking the side connection piece 402 into one of the holes 390/386 on each side).
Regarding claim 3, Thor discloses the invention of claim 1 above.
Thor further discloses wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the second extension panel 402 is moveably coupled to the first extension panel 376 to laterally move in a first direction away from the central support member 372 and in a second direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the second extension panel 402 into one of the holes 380/386 would either move the second extension panel 402 closer/toward the central support member 372 or away from the member 372).
Regarding claim 4, Thor discloses the invention of claim 3 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 to laterally move in the second direction away from the central support member 372 and in the first direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
Regarding claim 7, Thor discloses the invention of claim 3 above.
Thor further discloses wherein the first extension member 376-1 (right) and the second extension member 376-2 (left) are symmetrical and located on opposite lateral sides of the central support member 372 (Fig. 36-37, both extensions 376 are located on the opposites lateral sides of the central member 372 and are symmetrical therein).
Regarding claim 8, Thor discloses the invention of claim 1 above.
Thor further discloses being coupled to an anterior collar assembly 100 to form a cervical collar (Fig. 10-11).
Regarding claim 9, Thor discloses an attachment panel 372 (Fig. 36-41) for a cervical collar (Fig 10-11) comprising:
a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37) configured for coupling to one or more cervical panels 398 of the cervical collar (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region, member 372 is coupled to the panels 398 thus is “configured for coupling”),
a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37), and
a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Regarding claim 10, Thor discloses the invention of claim 9 above.
Thor further discloses wherein the first extension member 376-1 is laterally adjustable in a first direction away from the central support member 372 and the second extension member 376-2 is laterally adjustable in a second direction away from the central support member 372 (Col. 15 line 63 – Col. 16 line 44, wherein each extension member 376 has a side connection piece 402 for laterally adjusting the length of the extension members 376 in two first and second directions being away from the central support member 372 through locking the side connection piece 402 into one of the holes 390/386 on each side).
Regarding claim 11, Thor discloses the invention of claim 9 above.
Thor further discloses wherein the first extension member 376-1 comprises a first extension panel 376 and a second extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, first right set of panels 376 and 402),
the first extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the second extension panel 402 is moveably coupled to the first extension panel 376 to laterally move in a first direction away from the central support member 372 and in a second direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the second extension panel 402 into one of the holes 380/386 would either move the second extension panel 402 closer/toward the central support member 372 or away from the member 372).
Regarding claim 12, Thor discloses the invention of claim 11 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 to laterally move in the second direction away from the central support member 372 and in the first direction toward the central support member 372 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
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) 5, 13, 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorgilsdottir et al (US 7981068 B2), henceforth Thor.
Regarding claim 5, Thor discloses the invention of claim 3 above.
Thor (embodiment Fig. 36-41) is silent on wherein the first extension panel includes one or more guides and the second extension panel includes one or more guide fasteners slidably coupled to the one or more guides.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes one or more guides 428 (Fig. 44) and the second extension panel 420 includes one or more guide fasteners 430 slidably coupled to the one or more guides 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the first extension panel 376 and second extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Regarding claim 13, Thor discloses the invention of claim 11 above.
Thor (embodiment Fig. 36-41) is silent on wherein the first extension panel includes one or more guides and the second extension panel includes one or more guide fasteners slidably coupled to the one or more guides.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes one or more guides 428 (Fig. 44) and the second extension panel 420 includes one or more guide fasteners 430 slidably coupled to the one or more guides 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the first extension panel 376 and second extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Regarding claim 15, Thor discloses a posterior collar assembly 370 (Fig. 36-41) for a cervical collar 100 (Fig. 1), comprising:
a cervical collar posterior panel 370 that comprises one or more cervical panels 398 (Fig. 36, Col. 15 lines 54-56, panels 398 correspond to rear head region including thus the cervical spine region) including a first cervical panel and a second cervical panel (Fig. 36, the right side of panel 398 being a first cervical panel and the left side of panel 398 being the second cervical panel); and
an attachment panel 372 including (i) a central support member 372 coupled to the one or more cervical panels 398 (Fig. 36-37),
(ii) a first extension member 376-1 (Fig. 36-37, the first extension member 376-1 being the right-side extension member 376 shown) coupled to the central support member 372 (Fig. 36-37), and
(iii) a second extension member 375-2 (Fig. 36-37, the second extension member 376-2 being the left-side extension member 376 shown) coupled to the central support member 372 and configured to be extended laterally toward and away from the central support member 372 (Fig. 36-37).
Thor (embodiment Fig. 36-41) is silent on the first extension member 376-1 including a first extension panel with at least one guide channel and a second extension panel with at least one guide fastener slidably coupled to the at least one guide channel.
Thor (embodiment Fig. 36-41) does disclose the first extension member 376 including a first extension panel 376 and a second extension panel 402 (Fig. 36-41).
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous first extension panel 422 includes at least one guide channel 428 (Fig. 44) and the second extension panel 420 includes at least one guide fastener 430 slidably coupled to the at least one guide channel 428 (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the first extension panel 376 and second extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Regarding claim 16, Thor discloses the invention of claim 15 above.
Thor further discloses wherein the second extension member 376-1 comprises a third extension panel 376 and a fourth extension panel 402 (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41, second left set of panels 376 and 402),
the third extension panel 376 being coupled to the central support member 372 (Fig. 36-37) and the fourth extension panel 402 is moveably coupled to the third extension panel 376 so that the third extension panel is able to laterally move away from or towards the central support member (Col. 15 line 63 – Col. 16 line 44, Fig. 36-41; wherein locking the fourth extension panel 402 into one of the holes 380/386 would either move the fourth extension panel 402 closer/toward the central support member 372 or away from the member 372).
Thor (embodiment Fig. 36-41) is silent on the second extension member 376-1 including the third extension panel with at least one guide channel and the fourth extension panel with at least one guide fastener slidably coupled to the at least one guide channel so that the third extension panel is able to laterally move away from or towards the central support member.
However, Thor (Fig. 44) teaches an alternate posterior strap extension (Col. 17 lines 12-25), wherein the analogous third extension panel 422 includes at least one guide channel 428 (Fig. 44) and the fourth extension panel 420 includes at least one guide fastener 430 slidably coupled to the at least one guide channel 428 so that the third extension panel is able to laterally move away from or towards the central support member (Col. 17 lines 12-25).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the adjustable attachment between the third extension panel 376 and fourth extension panel 402 to be that as taught by alternate embodiment Fig. 44 of Thor as a known alternate circumferential adjustment coupling that would aid with increased swelling the neck (Thor Col. 17 lines 12-25).
Regarding claim 17, Thor discloses the invention of claim 15 above (see objection above).
Thor further discloses being coupled to an anterior collar assembly 100 to form a cervical collar (Fig. 10-11).
Claim(s) 6 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Thorgilsdottir et al (US 7981068 B2), henceforth Thor, in view of Wang (US 20100152637 A1).
Regarding claim 6, Thor discloses the invention of claim 3 above.
Thor is silent on wherein the second extension panel includes a guide fastener operating as a cam latch that, when a lever of the guide fastener is depressed towards the first extension panel, the second extension panel is secured to avoid movement of the second extension panel in relation to the first extension panel.
However, Wang teaches, in a similar field of endeavor of orthotics, an analogous adjustment assembly (Fig. 2-4) comprising an analogous first extension panel 241 (Fig. 1-4) and an analogous second extension panel 243 (Fig. 1-4), the first extension panel 241 and second extension panel 243 being slidably coupled therein (Fig. 2-4 and [0017]), wherein
the second extension panel 243 includes a guide fastener 261 operating as a cam latch 261 that, when a lever 26 of the guide fastener 261 is depressed towards the first extension panel 241, the second extension panel 243 is secured to avoid movement of the second extension panel 243 in relation to the first extension panel 241 (Fig. 1-4, [0017-0020] 261 is a “cam” having a lever 26, thus being a “cam latch” that locks the extensions together and avoids movement therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the attachment between the first and second extension panels 376/402 of Thor to have the cam latch 261, lever 26, and related structures therein of Wang in order to provide an easily used unlockable and lockable movement adjustment system therein (Wang Fig. 1-4 and [0017-0020]).
Regarding claim 14, Thor discloses the invention of claim 11 above.
Thor is silent on wherein the second extension panel includes a guide fastener operating as a cam latch that, when a lever of the guide fastener is depressed towards the first extension panel, the second extension panel is secured to avoid movement of the second extension panel in relation to the first extension panel.
However, Wang teaches, in a similar field of endeavor of orthotics, an analogous adjustment assembly (Fig. 2-4) comprising an analogous first extension panel 241 (Fig. 1-4) and an analogous second extension panel 243 (Fig. 1-4), the first extension panel 241 and second extension panel 243 being slidably coupled therein (Fig. 2-4 and [0017]), wherein
the second extension panel 243 includes a guide fastener 261 operating as a cam latch 261 that, when a lever 26 of the guide fastener 261 is depressed towards the first extension panel 241, the second extension panel 243 is secured to avoid movement of the second extension panel 243 in relation to the first extension panel 241 (Fig. 1-4, [0017-0020] 261 is a “cam” having a lever 26, thus being a “cam latch” that locks the extensions together and avoids movement therein).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified the attachment between the first and second extension panels 376/402 of Thor to have the cam latch 261, lever 26, and related structures therein of Wang in order to provide an easily used unlockable and lockable movement adjustment system therein (Wang Fig. 1-4 and [0017-0020]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20210106449 A1 – cam latch
US 20160008158 A1 – cervical collar
US 20210022902 A1 – cervical panels
US 20230167839 A1 – cam latch
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786