DETAILED ACTION
This is a Non-Final Rejection for Application 19/179,052 filed April 15, 2025. This application is a division of U.S. Non-Provisional Patent Application Serial No. 18/478055, filed on September 29, 2023, which is a division of U.S. Non-Provisional Patent Application Serial No. 16/07356, filed on May 9, 2019, which claims priority to U.S. Provisional Patent Application Serial No. 62/668,834, filed on May 9, 2018, U.S. Provisional Patent Application Serial No. 62/668,854, filed on May 9, 2018, and U.S. Provisional Patent Application Serial No. 62/668,893, filed on May 9, 2018. Claims 1-5 are currently pending.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,718,669 (Marble) in view of US 3,804,085 (Eshuis et al.).
Regarding claim 1, Marble discloses a vacuum surgical sleeve accessory (Integrated synergistic emergency splint 30 is interpreted as a surgical sleeve accessory and includes vacuum functions. See Figs. 1-25 and the abstract.), comprising:
a tubular body having a proximal end and a distal end with an inner volume extending therebetween (Unibody envelope 32 is interpreted as a tubular body and has a wide proximal base end and a distal top end. See Claim 1 of marble. The unibody envelope 32 has an inner volume to accommodate a human lower extremity. See Figs. 1-3.);
an internal material within the tubular body extending between the proximal end and the distal end (Bladder 48 is interpreted as an internal material and is within the unibody envelope 32 extending between the two ends. See Fig. 3 and Col. 15, Lns. 11-34.);
a vacuum port connected to the internal material and extending from the tubular body (Protruding pneumatic control complex 52 is interpreted as a vacuum port and is connected to the bladder 48 and extends from the unibody envelope 32. See Figs. 3 and 19 and Col. 13, Lns. 34-58.); and
one or more external straps extending past the distal end (Traction tensing harness 74a-b is interpreted as an external strap and extends past the distal end. See Fig. 1.).
Marble does not disclose one or more external straps attached to and extending along an exterior surface of the tubular body past the distal end.
However, Eshuis discloses a traction splint with a pulling strap 20 stitched to the body 11 of the splint. See Figs. 1-3.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the traction tensing harness 74a-b to attach and extend along the unibody envelope 32 as taught by Eshuis. A skilled artisan would have been motivated to do so because Eshuis teaches that attaching the pulling strap to the body 11 uniformly distributes pressure on the calf muscle during traction (Col. 2, Lns. 9-18.). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn traction splints.
Regarding claim 5, Marble in view of Eshuis discloses the accessory of claim 1 , further comprising a ring attached to the one or more external straps past the distal end of the tubular body (Traction bar 99 has a loop at its distal end that is interpreted as a ring and is attached to the traction tensing harness 74a-b past the distal end of the unibody envelope 32. See Fig. 1.).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,718,669 (Marble) in view of US 3,804,085 (Eshuis et al.), and further in view of US 2005/0234377 (Sarmiento et al.).
Regarding claim 2, Marble in view of Eshuis discloses the accessory of claim 1.
Marble in view of Eshuis are silent on further comprising a first seal region at the proximal end of the tubular body and a second seal region at the distal end of the tubular body, wherein the internal material extends between, but not into, the first and second seal regions.
However, Sarmiento discloses a vacuum orthosis comprising an inner sleeve 20, a single 23 or multi-piece 21/22 shell, and an outer sleeve 24. The sleeves overlap and sealingly contact each other at the proximal and distal ends of the orthotic device and thereby define a vacuum chamber 27 therebetween. See Fig. 4 and [0028].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the unibody envelope 32 of Marble to be sealed at both the proximal and distal ends with the bladder 48 extending therebetween as taught by Sarmiento. A skilled artisan would have been motivated to do so because Sarmiento teaches that the sealing of the ends creates a vacuum chamber which prevents air leakage ([0028]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn vacuum orthotics.
Regarding claim 3, Marble in view of Eshuis discloses the accessory of claim 1.
Marble in view of Eshuis does not disclose wherein the internal material is porous.
However, Sarmiento discloses a vacuum orthosis with a shell made of a porous material to act as a wick. See [0028].
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the bladder of Marble to be a porous material as taught by Sarmiento. A skilled artisan would have been motivated to do so because Sarmiento teaches that the porous material acts as a wick to pull a vacuum in the vacuum chamber ([0028]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn vacuum orthotics.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 5,718,669 (Marble) in view of US 3,804,085 (Eshuis et al.), and further in view of US 7,306,568 (Diana).
Regarding claim 4, Marble in view of Eshuis discloses the accessory of claim 1.
Marble in view of Eshuis are silent on wherein the tubular body is composed of an elastomeric material.
However, Diana discloses a therapeutic pad system with an elastic woven fabric that applies pressure to an extremity. See Col. 9, Ln. 58 – Col. 10, Ln. 7.
Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the unibody envelope 32 to be elastomeric as taught by Diana. A skilled artisan would have been motivated to do so because Diana teaches that the elastic woven fabric is anisotropic to allow for greater elongation axially than radially (Col. 9, Ln. 58 – Col. 10, Ln. 7). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn orthotic devices applying pressure to a user’s extremity.
Conclusion
The following prior art made of record and not relied upon are considered pertinent to
applicant's disclosure.
US 2012/0277644 (Williams)
US 5,891,066 (Borschneck et al.)
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/SETH R. BROWN/Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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