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.
Claim Objections
Claim 17 is objected to because of the following informalities: Claim 17 fails to provide a status identifier and limitations pertaining to claim 17 are on separate pages. 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: tensioning element in claims 1, 17 and 19; connection element in claim 10 and claim 15; and tension control element in claim 12.
Claim limitation “tensioning element” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “element” as a substitute for means coupled with functional language “tensioning” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
Claim limitation “connection element” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “element” as a substitute for means coupled with functional language “connection” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
Claim limitation “tension control element” has been interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because it uses a generic placeholder “element” as a substitute for means coupled with functional language “tension control” without reciting sufficient structure to achieve the function. Furthermore, the generic place holder is not preceded by a structural modifier.
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.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “tensioning element” described in the specification includes a strap, a flat band, a rope a wire or a Bowden cable (page 2, lines 28-30).
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “connection element” and the limitation “tension control element” described in the specification includes a knob (page5, lines 27-29; page 6, lines 5-13, the connection element comprises a tension control element which is a knob).
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 1-19 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 "wherein the first coupling element comprises a first guide for a tensioning element and the second coupling element comprises a second guide for a tensioning element, wherein the tensioning element runs in the first guide and the tensioning element runs in the second guide." in lines 7-10. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it will be interpreted as --wherein the first coupling element comprises a first guide for a first tensioning element and the second coupling element comprises a second guide for a second tensioning element, wherein the first tensioning element runs in the first guide and the second tensioning element runs in the second guide--.
As claims 2-16 depend from claim 1, they are rejected for at least the same reasons as claim 1.
Claim 4 recites the limitation "wherein the at least one tensioning element" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –wherein at least one of the first and second tensioning elements is a rope, a wire, a flat band or a Bowden cable--.
Claim 5 depends from claim 4 and is therefore rejected for at least the same reasons as claim 4.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 9 recites the broad recitation “the limb”, and the claim also recites “in particular a leg” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For the purposes of examination, the narrower language will be interpreted as exemplary.
Claim 10 recites the limitation “the at least one tensioning element, in particular the continuous tensioning element" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –a connection element to which at least one of the first and second tensioning elements is fastened --.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 10 recites the broad recitation “the at least one tensioning element”, and the claim also recites “in particular the continuous tensioning element” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims. For the purposes of examination, the narrower language will be interpreted as exemplary.
Claims 11-12 depends from claim 10 and are therefore rejected for at least the same reasons as claim 10.
Claim 11 recites the limitation “the tensioning element is fastened with both ends to the connection element" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –wherein the first tensioning element has a first end and the second tensioning element has a second end and wherein the first tensioning element and the second tensioning element are fastened with the first and second ends to the connection element--.
Claim 15 recites the limitation “the connection element" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --a connection element--.
Claim 16 recites the limitation “the at least one tensioning element, in the second tensioning element" in line 2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –a connection element to which at least one tensioning element, in the second tensioning element, are fastened--.
Claim 17 is indefinite because it lacks a preamble. Though it can be extrapolated from claim 16 that claim 17 is –A limb support system--, it is not clear whether the word –comprising:-- or –consisting of:-- or some other language is intended to follow. For the purposes of examination it will be interpreted as --A limb support system comprising:--.
Claim 17 recites the limitation "the first coupling element including a first guide for a tensioning element and the second coupling element including a second guide for a tensioning element" in lines 7-8. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --the first coupling element including a first guide for a first tensioning element and the second coupling element including a second guide for a second tensioning element--.
As claim 18 depends from claim 17 it is rejected for at least the same reasons as claim 17.
Claim 18 recites the limitation "in a connected configuration" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --in the connected configuration-.
Claim 18 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 18 depends from claim 17 and fails to further limit the subject matter of the claim upon which it depends as its recitation is recited in claim 17 upon which it depends. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 19 recites the limitation "the first coupling element including a first guide for a tensioning element and the second coupling element including a second guide for a tensioning element; and wherein the tensioning element runs in the first guide and the tensioning element runs in the second guide" in lines 8-11. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --the first coupling element including a first guide for a first tensioning element and the second coupling element including a second guide for a second tensioning element; and wherein the first tensioning element runs in the first guide and the second tensioning element runs in the second guide --.
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) 1-5, 7-13 and 16-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capra (US 2014/0358054) in view of Burns (US 2016/0354223).
Regarding claim 1, Capra discloses (in an embodiment of Fig. 6B) a limb orthosis, limb bandage or sports aid device ([0003]; Annotated Fig. 6B shows a brace which can fit around a limb as a limb orthosis, and capable of being a limb bandage or sports device),
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comprising a tensioning system (623, 624, 628, 629; Fig. 6B) consisting of a first tensioning sub-system (623, 622) ([0041], a reel and lace assembly is capable of applying tension and a second tensioning sub-system (628, 629), ([0041], strap 628 is couplable to lace 623 and thus its tension is adjusted as it is connected) wherein the first tensioning sub-system and the second tensioning sub-system are each reversibly closable by a coupling device ([0041], two parts of the limb cuff form a coupling device and as indicated in the claim, the coupling device includes first and second coupling elements as described below and which coupling elements are as seen in annotated Fig. 6 above which have a latching system [mating female and male components] and which thus are able to reversibly close and which has guides [for the strap and lace] as described below), wherein each coupling device comprises a first coupling element (annotated Fig. 6B) and a second coupling element (annotated Fig. 6B), wherein the first coupling element is reversibly connectable to the second coupling element via a latching system ([0041], [0003]; Fig. 6B; male and female components are removably couplable and as they are male and female components that are couplable they are latched as they mate to fasten reversibly connecting the first coupling element to the second coupling element), wherein the first coupling element comprises a first guide (annotated Fig. 6 above shows the first guide includes a male component 626 and a strap guide which together make up the first guide) for a tensioning element (628) (annotated Fig. 6B; [0041]; per 112f analysis a strap is a tensioning element and a strap is a flat band thus a strap is an equivalent of a tensioning element; NOTE: the strap 628 is a tensioning element in at least that it may be adjusted and when connected to the buckle is pulled toward the buckle and as it is attached to the orthosis/article as seen in Fig. 6B and as explained in [0003] it would be capable of providing tension) and the second coupling element comprises a second guide (annotated Fig. 6 above shows the second guide includes a female component and a guide 624 which together make up the second guide) for a tensioning element (623) (annotated Fig. 6B; NOTE: lace 623 is a wire [per 112f analysis above] in that it is wirelike; wire is defined as something that is wirelike, merriamwebster.com, thus lace is an equivalent of a tensioning element), wherein the tensioning element runs in the first guide (Fig. 6B; annotated Fig. 6B shows strap 628 passing through a portion of the buckle which is a part of the first guide) and the tensioning element is coupled to the second guide (annotated Fig. 6) and a connected state of the first and second coupling elements ([0041[, the coupling elements including the male and female parts are capable of being in a connected state).
Capra in an embodiment of Fig. 6B does not explicitly disclose wherein the tensioning element runs in the second guide, and wherein, in a connected state of the first and second coupling elements, the first guide and the second guide cross each other twice.
Capra in an embodiment of Fig. 6A teaches an analogous tensioning element (603) and an analogous second guide (604) wherein the tensioning element runs in the second guide ([0037], the lace is inserted through tubing or aperture of the guide).
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 tensioning element of the limb orthosis, limb bandage or sports aid device of Capra of an embodiment of Fig. 6B, runs in the second guide, as taught by Capra in an embodiment of 6A, in order to provide an improved limb orthosis, limb bandage or sports aid device in which the tensioning element is not easily removable from the guide (Capra, [0037]).
Capra as combined discloses the invention as described above.
Capra as combined does not explicitly disclose wherein, in a connected state of the first and second coupling elements, the first guide and the second guide cross each other twice.
Burns teaches (Fig. 11C) analogous first (1144, 1146) ([0072]) and second coupling elements (1148) ([0072]; NOTE: components 1144, 1146, 1148 are analogous coupling components as they include components for reversibly coupling, a guide for an analogous tensioning element, and/or a tensioning element) comprising analogous first and second guides ([0072]; Fig. 11C, male component [first analogous guide] for reversible connection with female component [second analogous guide]) wherein, in a connected state of the first and second coupling elements (Fig. 11C), the first guide [with analogous male component] and the second guide [with analogous female component] cross each other twice ([0072]; annotated Fig. 11C below, i.e. sections of first guide that meet and pass over sections of the second guide; and the second guide crosses a section of the first guide twice i.e. sections of the second guide meet and pass over sections of the first guide).
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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 first guide and the second guide of the limb orthosis, limb bandage or sports aid device of Capra as combined cross each other twice, as taught by Burns, in order to provide an improved limb orthosis, limb bandage or sports aid device that facilitates the guides being fixedly coupled with the brace to lock the brace about a patient’s body (Burns, [0072]).
Regarding claim 2, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
Capra further discloses wherein the first tensioning sub-system and the second tensioning sub-system are formed from a continuous tensioning element (annotated Fig. 6B above with regard to claim 1, [0041]; NOTE: when the tensioning sub-systems are connected with the male and female components each of the tensioning elements are connected and thus the sub-systems are formed from a continuous tensioning element as once the strap and lace are connected adjustments are made with the lace and reel and as the strap is connected to the lace and reel, the strap [first tensioning element] and lace [second tensioning element] are continuous and are thus formed from a continuous tensioning element).
Regarding claim 3, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
Capra further discloses wherein the first tensioning sub-system is formed from a first tensioning element (628) ([0041]; [0003]) and the second tensioning sub-system is formed from a second tensioning element (623) ([0041], [0003]).
Regarding claim 4, Capra as combined in view of Burns discloses the invention as described above with regard to claim 2.
Capra further discloses wherein the at least one tensioning element is a rope, a wire, a flat band or a Bowden cable ([0041]; strap 628 is a flat band as seen in Fig. 6b and lace 623 is a wire in that it is wirelike; wire is defined as something that is wirelike, merriamwebster.com).
Regarding claim 5, Capra as combined in view of Burns discloses the invention as described above with regard to claim 4.
Capra further discloses wherein the at least one tensioning element comprises a rope or a wire (623) (see description with regard to claim 4 indicating 623 is a wire), wherein the rope or the wire runs at least partially in a sheathing (622) ([0041], reel assembly includes a coil spring that winds the lace and as seen in Fig. 6B the reel , the verb to sheathe is defined as to case or cover with something that protects, [merriamwebster.com] and sheathing is defined as material that is used to sheathe something [merriamwebster.com]; thus as the reel is a case or cover for the wire, it sheathes it and is thus a sheathing), wherein the sheathing is displaceably mounted on the limb orthosis ([0041], as the spring coil of the reel [sheathing] winds the lace it is rotationally displaceable and is thus displaceably mounted on the limb orthosis).
Regarding claim 7, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
Capra further discloses wherein the limb orthosis comprises rotatably mounted deflection guides (629) (fastener 629 is moved proximally and distally along strap 628 and as seen in Fig. 6B where the orthosis is shown the orthosis is cylindrical and thus where the deflection guide moves along the strap it is moving in a circular direction and tis thus rotatably mounted) in which the at least one tensioning element (628) is deflected (as seen in Fig. 6B the strap is inserted through the fastener and thus changes direction by being inserted into and out of sections of the fastener).
Regarding claim 8, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
Capra in an embodiment of Fig. 6B further discloses wherein the limb orthosis or bandage is a cuff ([0041]) for a limb ([0003] to [0004]).
Capra in an embodiment of Fig. 6B does not disclose explicitly wherein the limb orthosis, or bandage is a knee orthosis or bandage or the sports air device is a sports aid device for the knee.
Capra in an embodiment of Fig. 1 discloses a knee orthosis or bandage or the sports aid device is a sports aid device for the knee ([0021], [0023]; knee brace with upper and lower cuffs).
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 limb orthosis or limb bandage and sports aid device of Capra as combined is a knee orthosis or bandage or sports aid device for the knee, as taught by Capra in an embodiment of Fig. 1, in order to provide an improved limb orthosis, limb bandage or sports aid device that relieves or supports the knee joint (Capra, [0021]).
Regarding claim 9, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
Capra further discloses when the limb orthosis is applied (Fig. 6B, [0003] to [0004]; [0041]), the first tensioning sub-system and/or the second tensioning sub- system of the tensioning system are guided around the limb, in particular a leg ([0004]; [0041]; the reel based tightening mechanism and the strap tightening mechanism of Fig. 6B are disclosed as having an article [cuff] that is tightened around the limb), in such a way that the first tensioning sub-system and/or the second tensioning sub- system of the tensioning system each enclose the limb (capable of intended use, Fig. 6B, [0003] to[0004]; [0041]).
Regarding claim 10, Capra as combined in view of Burns discloses the invention as described above with regard to claim 2.
Capra further discloses in the embodiment of Fig. 6B wherein the limb orthosis comprises a reel assembly (622) ([0041], reel assembly which as seen in Fig. 6B) to which the at least one tensioning element, in particular the continuous tensioning element is fastened (Fig. 6B shows lace 623 [tensioning element] connected to a reel and [per claim interpretation above in 112b analysis] one of the first and second tensioning elements is fastened thus the limitation is met).
Capra in an embodiment of Fig. 6B does not explicitly disclose that the reel assembly has a knob as is discussed above in the 112f analysis with regard to a connection element.
Capra (in an embodiment of Fig. 2 and Fig. 3; [0025]) discloses an analogous reel assembly (125) such as a knob assembly and an analogous tensioning element [lace]).
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 connection element of the limb orthosis, limb bandage or sports aid device of Capra (in an embodiment of Fig. 6B) as combined (with an embodiment of Capra, Fig. 1) in view of Burns is a reel being a knob assembly, as taught by Capra in an embodiment of Fig. 2 and Fig. 3, in order to provide an improved limb orthosis, limb bandage or sports aid device that provides for gross or macro adjustment of the brace (Capra, [0025]).
Regarding claim 11, Capra as combined in view of Burns discloses the invention as described above with regard to claim 10.
The combination further discloses wherein the tensioning element is fastened with both ends to the connection element ([0041]; Fig. 6B; as a coil spring winds the lace [second tensioning element] it follows that an end is connected to the reel [which in the combination includes a knob and is an equivalent per the 112f analysis] and the strap 628 [first tensioning element] is buckled to be connected to the reel [which in the combination includes a knob and is an equivalent per the 112f analysis above] an thus has an end connected to the connection element [reel assembly with knob]).
Regarding claim 12, Capra as combined in view of Burns discloses the invention as described above with regard to claim 10.
The combination further discloses wherein the connection element comprises a tension control element (see 112f analysis above indicating the connection element comprises a tension control element which is a knob; in the combination the reel assembly includes a knob [see explanation with regard to the combination of claim 10] thus the limitation is met).
Regarding claim 13, Capra as combined in view of Burns discloses the invention as described above with regard to claim 1.
The combination does not explicitly disclose wherein the limb orthosis, limb bandage or sports aid device comprises at least one joint splint.
Capra, in an embodiment of Fig. 1, teaches an analogous knee orthosis or bandage or the sports aid device is a sports aid device for the knee ([0021], [0023]; knee brace with upper and lower cuffs) wherein the limb orthosis, limb bandage or sports aid device comprises at least one joint splint (Capra, annotated Fig. 1 below, the bar extending on each side from the knee section is a splint and as the device of Capra is a brace for the knee if follows that the bar is a splint; splint is defined as are material or a device used to protect and immobilize a body part, merriamwebster.com and the joint splint and section are part of a knee brace and are thus designed to protect and immobilize a knee and are thus a joint splint and joint splint sections).
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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 limb orthosis, limb bandage or sports aid device of Capra as combined (in an embodiment of Fig. 6B) in view of Burns comprises at least one joint splint, as taught by Capra in an embodiment of Fig. 1, in order to provide an improved limb orthosis, limb bandage or sports aid device that relieves or supports the knee joint (Capra, [0021]).
Regarding claim 16, Capra as combined in view of Burns discloses the invention as described above with regard to claim 3.
Capra further discloses in an embodiment of Fig. 6B wherein the limb orthosis comprises a reel assembly (622) ([0041], reel assembly which as seen in Fig. 6B) to which the at least one tensioning element, in particular the continuous tensioning element is fastened (Fig. 6B shows lace 623 [tensioning element] connected to a reel and per claim interpretation above in 112b analysis, one of the first and second tensioning elements is fastened thus the limitation is met), to which the at least one tensioning element, in the second tensioning element, are fastened ([0041], the second tensioning element is fastened to the reel and at least one tensioning element is in the second tensioning element as portions of lace is a tensioning element and are disposed in an interior of the second tensioning element [the entire lace structure]).
Capra in an embodiment of Fig. 6B does not explicitly disclose that the reel assembly has a knob as is discussed above in the 112f analysis with regard to a connection element.
Capra (in an embodiment of Fig.2 and Fig. 3; [0025]) discloses an analogous reel assembly (125) having a knob assembly and an analogous tensioning element [lace]).
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 connection element of the limb orthosis, limb bandage or sports aid device of Capra (in an embodiment of Fig. 6B) as combined (with an embodiment of Capra, Fig. 1) in view of Burns is a reel having a knob assembly, as taught by Capra in an embodiment of Fig. 2 and Fig. 3, in order to provide an improved limb orthosis, limb bandage or sports aid device that provides for gross or macro adjustment of the brace (Capra, [0025]).
Capra as combined in view of Burns discloses the invention as described above. The combination further discloses wherein the limb orthosis comprises a connection element to which the at least one tensioning element, in the second tensioning element, are fastened (In the combination, the reel includes a knob and thus per the 112f analysis above comprises a connection element and the second tensioning element is fastened to the reel which includes a knob in the combination and thus the second tensioning element which includes at least one tensioning element in it [portions of lace in the interior of the second tensioning element] is fastened to the connection element and thus the at least one tensioning element which is portions of lace disposed in an interior of the second tensioning element [the entire lace] is also fastened to the connection element [knob]).
Regarding claim 17, Capra discloses ([0003] to [0004]; Fig. 6B shows a cuff which is an article applied to a limb thus is a limb support system and capable of intended use) a tensioning system (623, 624, 628, 629; Fig. 6B) including a first tensioning sub-system (623, 622) ([0041], a reel and lace assembly is capable of applying tension) and a second tensioning sub-system (628, 629), ([0041], strap 628 is couplable to lace 623 and thus its tension is adjusted as it is connected), wherein the first tensioning sub-system and the second tensioning sub-system are each reversibly closable by a coupling device ([0041], two parts of the limb cuff form a coupling device and as indicated in the claim, the coupling device includes first and second coupling elements as described below and which coupling elements are as seen in annotated Fig. 6 above with regard to the rejection to claim 1 which have a latching system [mating female and male components] and which thus are able to reversibly close and which has guides [for the strap and lace] as described below); the coupling device comprising a first coupling element (annotated Fig. 6B above with regard to claim 1 rejection) and a second coupling element (annotated Fig. 6B with regard to the claim 1 rejection above), the first coupling element being reversibly connectable to the second coupling element via a latching system ([0041], [0003]; Fig. 6B; male and female components are removably couplable and as they are male and female components that are couplable they are latched as they mate to fasten reversibly connecting the first coupling element to the second coupling element); the first coupling element including a first guide (annotated Fig. 6 above with regard to claim 1 shows the first guide includes a male component 626 and a strap guide which together make up the first guide) for a tensioning element (628) (per 112f analysis above a tensioning element is a strap or a flat band which the strap 628 is and thus it is an equivalent of a tensioning element) and the second coupling element including a second guide (annotated Fig. 6 above with regard to claim 1 shows the second guide includes a female component and a guide 624 which together make up the second guide) for a tensioning element (623) (annotated Fig. 6B; lace 623 is a wire in that it is wirelike; wire is defined as something that is wirelike, merriamwebster.com; thus per 112f analysis above lace is an equivalent of a tensioning element); and wherein a single continuous tensioning element(annotated Fig. 6B above with regard to claim 1, [0041]; NOTE: when the tensioning sub-systems are connected with the male and female components each of the tensioning elements are connected and thus the sub-systems are formed from a continuous tensioning element as once the strap and lace are connected adjustments are made with the lace and reel and as the strap is connected to the lace and reel, the strap [first tensioning element] and lace [second tensioning element] are continuous and are thus formed from a continuous tensioning element) is routed through both the first guide and the second guide ([0041], strap 628 which forms a part of the single continuous tensioning element is routed through the first guide as seen in annotated Fig. 6 above with regard to the claim 1 rejection, and lace 623 which forms a part of the single continuous tensioning element is routed through the second guide as seen in annotated Fig. 6B above with regard to the claim 1 rejection).
Capra does not explicitly disclose wherein, in a connected configuration of the two coupling elements, the first guide and the second guide cross each other at least once.
Burns teaches (Fig. 11C) analogous first (1144, 1146) ([0072]) and second coupling elements (1148) ([0072]; NOTE: components 1144, 1146, 1148 are analogous coupling components as they include components for reversibly coupling, a guide for an analogous tensioning element, and/or a tensioning element) comprising analogous first and second guides ([0072]; Fig. 11C, male component [first analogous guide] for reversible connection with female component [second analogous guide]) wherein, in a connected configuration of the two coupling elements (Fig. 11C), the first guide [with analogous male component] and the second guide [with analogous female component] cross each other at least once ([0072]; annotated Fig. 11C above with regard to the claim 1 rejection, i.e. sections of first guide that meet and pass over sections of the second guide; and the second guide crosses a section of the first guide twice i.e. sections of the second guide meet and pass over sections of the first guide).
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 first guide and the second guide of the limb support system of Capra cross each at least once, as taught by Burns, in order to provide an improved limb orthosis, limb bandage or sports aid device that facilitates the guides being fixedly coupled with the brace to lock the brace about a patient’s body (Burns, [0072]).
Regarding claim 18, Capra in view of Burns discloses the invention as described above with regard to claim 17.
Capra further discloses wherein, in a connected configuration of the two coupling elements, the first guide and the second guide cross each other at least once (see description above with regard to claim 17 which recites this same limitation).
Regarding claim 19, Capra discloses a limb support system ([0003] to [0004]; a cuff as seen in Fig. 6B is an article used to support a limb; capable of intended use) comprising: a tensioning system (623, 624, 628, 629; Fig. 6B) including a first tensioning sub-system (623, 622) ([0041], a reel and lace assembly is capable of applying tension) and a second tensioning sub- system (628, 629), ([0041], strap 628 is couplable to lace 623 and thus its tension is adjusted as it is connected); wherein the first tensioning sub-system and the second tensioning sub-system are each reversibly closable by a coupling device ([0041], two parts of the limb cuff form a coupling device and as indicated in the claim, the coupling device includes first and second coupling elements as described below and which coupling elements are as seen in annotated Fig. 6B above with regard to the rejection to claim 1 which have a latching system [mating female and male components] and which thus are able to reversibly close and which has guides [for the strap and lace] as described below), each coupling device comprising a first coupling element (annotated Fig. 6B with regard to the claim 1 rejection) and a second coupling element (annotated Fig. 6B with regard to the claim 1 rejection); the first coupling element reversibly connectable to the second coupling element via a latching system ([0041], [0003]; Fig. 6B; male and female components are removably couplable and as they are male and female components that are couplable they are latched as they mate to fasten reversibly connecting the first coupling element to the second coupling element), the first coupling element including a first guide (annotated Fig. 6 above with regard to claim 1 shows the first guide includes a male component 626 and a strap guide which together make up the first guide) for a tensioning element (628) (annotated Fig. 6B; [0041]; per 112f analysis above a strap is a tensioning element and a flat band is a tensioning element and strap 628 is both thus is an equivalent of a tensioning element; NOTE: the strap 628 is a tensioning element in at least that it may be adjusted and when connected to the buckle is pulled toward the buckle and as it is attached to the orthosis/article as seen in Fig. 6B and as explained in [0003] it would be capable of providing tension and further it is connected to the lace which is adjusted via the reel assembly) and the second coupling element including a second guide (annotated Fig. 6 above shows the second guide includes a female component and a guide 624 which together make up the second guide) for a tensioning element (623) (lace 623 is a wire in that it is wirelike; wire is defined as something that is wirelike, merriamwebster.com thus per the 112f analysis above a lace is an equivalent of a wire; [0041], annotated Fig. 6B above with regard to claim 1; [0041], adjustment of the brace is performed by the reel assembly and lace thus the lace is a tensioning element); and wherein the tensioning element runs in the first guide (annotated Fig. 6B above with regard to claim 1 shows strap 628 passing through a portion of the buckle which is a part of the first guide) and the tensioning element is coupled to the second guide (annotated Fig. 6 above with regard to claim 1) and a connected configuration of the two coupling elements ([0041[, the coupling elements including the male and female parts are capable of being in a connected state).
Capra fails to explicitly disclose wherein the tensioning element runs in the in the second guide, and wherein, in a connected configuration of the two coupling elements, the first guide and the second guide cross each other twice.
Capra in an embodiment of Fig. 6A teaches an analogous tensioning element (603) and an analogous second guide (604) wherein the tensioning element runs in the second guide ([0037], the lace is inserted through tubing or aperture of the guide).
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 tensioning element of the limb orthosis, limb bandage or sports aid device of Capra of an embodiment of Fig. 6B, runs in the second guide, as taught by Capra in an embodiment of 6A, in order to provide an improved limb support in which the tensioning element is not easily removable from the guide (Capra, [0037]).
Capra as combined discloses the invention as described above.
Capra as combined does not explicitly disclose wherein, in a connected configuration of the two coupling elements, the first guide and the second guide cross each other twice.
Burns teaches (Fig. 11C) analogous first (1144, 1146) ([0072]) and second coupling elements (1148) ([0072]; NOTE: components 1144, 1146, 1148 are analogous coupling components as they include components for reversibly coupling, a guide for an analogous tensioning element, and/or a tensioning element) comprising analogous first and second guides ([0072]; Fig. 11C, male component [first analogous guide] for reversible connection with female component [second analogous guide]) wherein, in a connected state of the first and second coupling elements (Fig. 11C), the first guide [with analogous male component] and the second guide [with analogous female component] cross each other twice ([0072]; annotated Fig. 11C above with regard to claim 1 rejection, i.e. sections of first guide that meet and pass over sections of the second guide; and the second guide crosses a section of the first guide twice i.e. sections of the second guide meet and pass over sections of the first guide).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that in a connected configuration of the two coupling elements, the first guide and the second guide of the limb support system of Capra as combined cross each other twice, as taught by Burns, in order to provide an improved limb support that facilitates the guides being fixedly coupled with the brace to lock the brace about a patient’s body (Burns, [0072]).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capra (US 2014/0358054) in view of Burns (US 2016/0354223) as applied to claim 13 above, and further in view of Petursson (US 2017/0348131).
Regarding claim 14, Capra as combined in view of Burns discloses the invention as described above with regard to claim 13.
The combination further discloses wherein the at least one joint splint (Capra annotated Fig. 1 above with regard to claim 13) comprises a first splint section (annotated Fig. 1 above; see description above with regard to claim 13), a second splint section (annotated Fig. 1 above) and a third splint section (annotated Fig. 1 above; see description above with regard to claim 13), wherein the first splint section and the second splint section are each connected (annotated Fig. 1 above; see description above with regard to claim 13).
Capra as combined in view of Burns does not explicitly disclose wherein the first splint section and the second splint section are each connected to the third splint section.
Petursson teaches an analogous limb orthosis (100) (Fig. 1A, [0070], knee brace) that comprises an analogous joint splint (106, 108, 110) (Fig. 1A, Fig. 1B; [0071] struts 106 and 108 and connected hinge 110 are a joint splint; splint is defined as are material or a device used to protect and immobilize a body part [merriamwebster.com] and these elements are part of a knee brace and are thus designed to protect and immobilize a knee and are thus a joint splint) wherein the first splint section and the second splint section are each connected to the third splint section (Fig. 1A, the struts [first and section splint sections] are each connected to a part of the central hinge [third splint section]).
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 first splint section and the second splint section of the limb orthosis, limb bandage or sports aid device of Capra as combined in view of Burns are each connected to the third splint section, as taught by Petursson, in order to provide an improved limb orthosis, limb bandage or sports aid device that is suitable as a transitional brace (Petursson, [0022]) and that provides for rehabilitation (Petursson, [0001]).
Regarding claim 15, Capra as combined in view of Burns and in further view of Petursson discloses the invention as described above with regard to claim 14.
The combination further discloses wherein the reel assembly is fastened to the third splint section of the at least one joint splint (as seen in Capra annotated Fig. 1 above with regard to the claim 13 rejection, the reel assembly is fastened to the third splint section which in the combination is central to the first and second splint sections and in the combination the orthosis, bandage or sports device comprises a joint splint as taught in an embodiment of Fig. 1 of Capra).
Capra (in an embodiment of Fig. 6B) as combined in view of Burns and in further view of Petursson does not explicitly disclose wherein the connection element ([per 112f analysis the connection element includes a knob]) is fastened to the third splint section of the at least one joint splint.
Capra (in an embodiment of Fig.2 and Fig. 3; [0025]) discloses an analogous reel assembly (125) having a knob assembly and an analogous tensioning element [lace]).
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 connection element of the limb orthosis, limb bandage or sports aid device of Capra (in an embodiment of Fig. 6B) as combined (with Capra in an embodiment of Fig. 1) in view of Burns and in further view of Petursson is a reel having a knob assembly [connection element], as taught by Capra in an embodiment of Fig. 2 and Fig. 3, resulting in a connection element being fastened to the third splint section, in order to provide an improved limb orthosis, limb bandage or sports aid device that provides for gross or macro adjustment of the brace (Capra, [0025]).
Allowable Subject Matter
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: The prior art wither alone or in combination fails to disclose as recited in claim 6, “The limb orthosis, limb bandage or sports aid device of claim 1, wherein the first coupling element comprises a front side and a back side and comprises a horseshoe shape with a concave inner edge, and wherein the second coupling element comprises a front side and a back side and comprises a horseshoe shape with a concave inner edge, wherein the first coupling element comprises a first latching element in an area of a tip of the horseshoe shape on the front side and the second coupling element comprises a second latching element in the area of the tip of the horseshoe shape on the back side and wherein the second horseshoe-shaped coupling element comprises a first bar element spanning the concave inner edge of the second coupling element, wherein, in the connected state of the two coupling elements, the first latching element of the first coupling element engages in the first bar element of the second coupling element and the second latching element of the second coupling element engages in the concave inner edge of the first coupling element.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Ross (US 2023/0320883) discloses an orthosis (Fig. 1) comprising a tensioning system (78, 80) that is reversibly closable ([0027]).
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/G.M./ Examiner, Art Unit 3786
/ALIREZA NIA/ Supervisory Patent Examiner, Art Unit 3786
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