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 .
Response to Amendment
Applicant’s Amendments, filed 8/4/2026, to claims 1, 12, acknowledged by Examiner. Additionally, applicant cancelled claim 8, 19-20, 23-33.
Claims 1-7, 9-18, 21-22 are now pending.
Response to Arguments
Applicant's arguments filed 8/4/2026 have been fully considered but they are not persuasive. Applicant asserts that the Gracie Academy/GracieBreakdown does not disclose the amended language of “a lower portion of a first leg of the subject crossed over an upper portion of a second leg of the subject to achieve a restrained cross-over legs position, wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee”. However, Examiner disagrees and provides an new image taken at 2:09 of the Gracie Academy video with updated rejection below, wherein the tibia including the upper end of the lower portion of the leg forming the near is being placed over and thus generally crossing with the lower portion of the femur near the knee. The shown tibia leg portion is shown to be contacting/being pushed toward a generally anterior portion of the femur portion of the lower leg. The knee of the tibia leg is also generally at least bent at around 90 degrees in the shown picture. However, for completeness, a further finding in the secondary reference of GracieBreakdown has been provided below in regards to the claim language.
Examiner’s Notes
All references relied up on and not cited in the current Form 892 may be found in previous 892's or IDS'. See previous uploaded PDF files of referenced NPL references.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 8-18, 21-22 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 12 as amended now recite “wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee”; however, Applicant’s disclosure fails to provide any recitation or discussion of the recited “90 degrees” herein. There is no disclosure of any type of angle or degree of the knee herein. Furthermore, Applicant’s drawings cannot be used as support for such an angle/degree of the knee as drawings are not drawn to scale and as such cannot be support for this limitation. As such, the limitation of “maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee” is new matter and is rejected under 112a for lack of written description as such.
Secondly, the limitation herein of the tibia being crossed over and in contact with “an anterior region of a femur” is also new matter. There is no disclosure within the specification of the anterior region of a femur, and thus no disclosure for such anterior region of the femur relative to the tibia, contact and crossed over thereof. The figures also further lack any specific showing of the tibia contacting and being crossed over the anterior region of the femur in specific as being specifically part of the method herein. As such, this rejected under 112a for new matter. Furthermore, there is no disclosure of the tibia and femur being “in contact” especially as this would require bone on bone contact between the tibia and femur which is not disclosed in the drawings nor specification herein, nor is there any discussion in the specification or usage of the word “contact”.
Also thirdly, the combined having the tibia crossed over and in contact with the anterior region of the femur “while” the knee is flexed to at least 90 degrees as claimed also is not specifically provided with any disclosure of method that can support this limitation. As such, claims 1 and 12 are rejected under 112a for containing new matter due to a lack of sufficient written description.
Dependent claims 2-7, 8-11, 13-18, 21-22 are rejected as being dependent on claims 1 and 12.
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 9-18, 21-22 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.
Claims 1 and 12 as amended recite “a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg” wherein this appears to be reciting that the literal bones of the leg are in contact with each other. Considering this is method of manipulating a human body with intact legs, this appears to make the claim indefinite. Examiner will interpret the “tibia” and “femur” being “in contact” to refer to the outer portions of the leg therein being the skin and/or clothes over the skin containing said bones.
Dependent claims 2-7, 8-11, 13-18, 21-22 are rejected as being dependent on claims 1 and 12.
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.
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) 1-7, 9-10, 12-18, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gracie Jiu-Jitsu Academy “2 Cops vs 1 MMA Fighter” (see attached youtube NPL pdf) (henceforth Gracie Academy) in view of GracieBreakdown “2 Cops vs 1 HUGE Guy!” (see attached youtube NPL pdf) (henceforth GracieBreakdown).
Regarding Claim 1, Gracie Academy discloses a method of restraining a human subject (An Arrest Simulation Drill, video description), the method comprising: manipulating the subject into a restrained position (Two police officers manipulate an MMA fighter into a restrained position shown at 2:45-2:46),
wherein the restrained position comprises: a portion of a first arm of the subject over a shoulder of a second arm of the subject to achieve a cross-over arms position (The MMA fighter is positioned with their left arm over their right shoulder by the first police officer, 2:46); and
a portion of a first leg of the subject over a second leg of the subject to achieve a restrained cross-over legs position (The right leg of the MMA fighter is pushed and held over the left leg of the MMA fighter from 2:46),
wherein the first arm and the first leg are on opposite sides of a body of the subject (The crossed leg is on the right side of the body of the MMA fighter and the crossed arm is on the left side of the body of the MMA fighter, 2:46);
manipulating the subject to apply a restraining device to the first and second arms of the subject to restrain the first and second arms; and applying the restraining device to the first and second arms of the subject (The first police officer moves both arms of the MMA fighter behind the back of the MMA fighter and a second police officer handcuffs the MMA fighter, 3:45-4:00).
Gracie Academy fails to explicitly disclose wherein the restrained position comprises: a restrained crossover arms position, wherein a portion of the first arm crosses over the second arm.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches manipulating a subject into a restrained position with a portion of a first arm of the subject over a shoulder of a second arm of the subject to achieve a restrained cross-over arms position (At 2:11-2:20 the restrained person is placed in a giftwrap position by a first fighter, 2:12-2:17, transcript 2:11, 2:13; In Brazilian JiuJitsu, a "giftwrap" refers to a controlling position where a practitioner wraps an opponent's arm across their body, often restraining it with their own arm around the head of an opponent's head or neck, resembling the way a gift is wrapped), wherein the portion of the first arm goes across the second arm (2:20 first arm going over the shoulder is crossing above the second arm in a held position);
and a portion of a first leg of the subject over a second leg of the subject to achieve a restrained cross-over legs position (A second fighter crosses a first leg of the restrained person over a second leg of the restrained person at 2:29; transcript 2:27).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include a restrained cross-over arms position wherein a portion of the first arm crosses over the second arm as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
The cited position of Gracie Academy (The position of the MMA fighter at 2:46) fails to explicitly disclose a lower portion of a first leg of the subject crossed over an upper portion of a second leg of the subject to achieve a restrained cross-over legs position, wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee.
However, a second position of Gracie Academy teaches wherein in the cross-over legs position, a lower portion of a first leg (right tibia) of the subject crossed over an upper portion of a second leg (left femur) of the subject to achieve a restrained cross-over legs position (At 2:08 and further at 2:09 provided below, the right tibia of the MMA fighter is being forced and crossed over the left femur of the MMA fighter),
wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg (as shown in 2:09, the right tibia is being crossed and forced into the femur of the other leg, thus the regions of those legs are making contact, wherein as shown the anterior/forward region of the lower femur region in the knee area is making contact with the upper tibia region of the leg as shown) while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee (as shown in 2:09 below the knee of the right/first leg is in a flex position of about 90 degrees as shown).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the cited position of Gracie Academy (2:46) to include a lower portion of a first leg of the subject crossed over an upper portion of a second leg of the subject to achieve a restrained cross-over legs position, wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee as taught by the second position of Gracie Academy (2:08) in order to more securely restrict the extension of the lower limbs of the human subject to prevent potential injuries to the restrainer during combat.
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Furthermore, for completeness, GracieBreakdown also further teaches at 2:46 a lower portion of a first leg (tibia of left leg) of the subject crossed over an upper portion (femur of a right leg) of a second leg of the subject to achieve a restrained cross-over legs position (see 2:46), wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an posterior region of a femur of the second leg (2:46 tibia of left leg making contact and cross over posterior region of a femur region of a right leg) while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee (2:46 the knee of the first/left leg is flexed more than 90 degrees to get into such position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided such a crossed over position to the restraint of Gracie Academy as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
GracieBreakdown does not provide being in contact with an anterior region, but does show in contact with an posterior region.
However, It would have also been obvious to one of ordinary skill in the art before the effective filing date to include the tibia of the first leg being on an anterior region of the femur instead of the posterior region of the femur as taught by GracieBreakdown, since a reversal of essential working parts of an invention requires only routine skill in the art. The motivation would have been to more effectively restrict the extension of the lower limbs of the human subject to prevent potential injuries to the restrainer during combat.
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Regarding Claim 2, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
Gracie Academy further discloses wherein manipulating the subject into the restrained position comprises: rolling the subject from the supine position to a lateral position (From 2:07 to 2:09 the MMA fighter is rolled from a supine position to a lateral position); pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position (The second officer pulls the right leg of the MMA fighter over the left leg of the MMA fighter, 2:45-2:46).
Gracie Academy further discloses preserving a cross-over legs position of the subject by securely restraining at least the first leg of the subject (From 2:45-2:46 the second officer uses his torso to hold the right leg of the MMA fighter in a crossed position temporarily. From 3:13 to 3:57 the second officer succeeds in preserving the right leg of the MMA fighter in the crossed position by lifting the leg and then using his body weight to restrain the right leg over the left leg).
Gracie Academy fails to explicitly disclose wherein manipulating the subject into the restrained position comprises: from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position; rolling the subject from the supine position to a lateral position while preserving the crossover arms position; and while maintaining the crossover arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein manipulating the subject into the restrained position comprises: from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position (From the supine position, shown at 2:09, a restrained person is placed in a giftwrap position with their right arm restrained over their left shoulder, shown at 2:12, 2:09-2:17, transcript 2:11, 2:13); rolling the subject from the supine position to a lateral position while preserving the crossover arms position (Between 2:12 and 2:21 the restrained person is rolled from a supine position to a lateral position while the giftwrap arm position is maintained by the first fighter; transcript 2:11-2:25);
pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position (At 2:29 a second fighter pulls the first leg of the restrained person over a second leg of the restrained person); and
while maintaining the cross-over arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject (The giftwrap arm position is maintained by the first fighter while the crossed position of the first leg is maintained by the second fighter, 2:17-2:31; At 2:31 the second fighter uses his body weight to preserve the legs of the restrained person in the crossed position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include, from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position; rolling the subject from the supine position to a lateral position while preserving the crossover arms position; pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position; and while maintaining the cross-over arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 3, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
Gracie Academy discloses the method according to claim 1 further comprising: preserving the cross-over legs position by a second restrainer (From 2:45-2:46 the second officer uses his torso to hold the right leg of the MMA fighter in a crossed position temporarily. From 3:13 to 3:57 the second officer succeeds in preserving the right leg of the MMA fighter in the crossed position by lifting the leg and then using his body weight to fully restrain the right leg over the left leg).
Gracie Academy also discloses that the cross-over arms position is achieved by a first restrainer (A first officer places the left arm of the MMA fighter over the right shoulder of the MMA fighter, 2:46).
Gracie Academy fails to explicitly disclose preserving the cross-over arms position by a first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches preserving the cross-over arms position by a first restrainer; and preserving the cross-over legs position by a second restrainer (A giftwrap position is maintained by a first fighter while a crossed leg position is maintained by the second fighter, 2:17-2:31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include preserving the cross-over arms position by a first restrainer as taught by GracieBreakdown in order to restrict the extension of the upper and lower limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 4, Gracie Academy in view of GracieBreakdown discloses the method of claim 3 above.
Gracie Academy fails to explicitly disclose wherein preserving the cross-over arm position comprises: securely restraining at least the first arm of the subject by the first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein preserving the cross-over arm position comprises: securely restraining at least the first arm of the subject by the first restrainer (The first fighter restrains the arm of the restrained person in a giftwrap position, 2:12-2:21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include securely restraining at least the first arm of the subject by the first restrainer as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 5, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
Gracie Academy discloses comprising: applying the restraining device to the first and second arms of the subject (The handcuffs are applied to the first and second arms of the MMA fighter by the second police officer, 3:42-3:57).
Regarding Claim 6, Gracie Academy in view of GracieBreakdown discloses the method of claim 2 above.
Gracie Academy discloses the method according to claim 2, wherein preserving the cross-over legs position comprises securely restraining the first leg of the subject by means of one or more of armpits, ribs area, knee area, or by hands of a second restrainer (From 2:45-2:46 the second officer uses the rib area of his torso and his hand to hold the right leg of the MMA fighter in a crossed position temporarily. The second police officer uses his hands to secure the right leg of the MMA fighter in a fully restrained crossed position from 3:13-3:15).
Regarding Claim 7, Gracie Academy in view of GracieBreakdown discloses the method of claim 2 above.
Gracie Academy discloses wherein preserving the cross-over legs position comprises: raising the legs of the subject by a second restrainer; extending arms of the second restrainer under the raised legs of the subject (The second police officer raises the legs of the MMA fighter and extends his arms under the raised legs of the MMA fighter, 3:12-3:15); and securing hands of the second restrainer together to secure the first leg and the second leg in the cross-over legs position (At 3:15 the second officer secures his hands together to lock the right leg of the MMA fighter over the left leg of the MMA fighter).
Regarding Claim 9, Gracie Academy in view of GracieBreakdown discloses the method of claim 2 above.
Gracie Academy discloses comprising transitioning the subject to a handcuffing position by:
handing over at least partial control of the second arm from a first restrainer to a second restrainer (The first police officer hands the right arm of the MMA fighter to the second police officer, 3:48-3:49); lifting the head of the subject (At 3:35 the head of the MMA fighter is lifted from the ground);
pulling the second arm of the subject behind the back of the subject while preserving at least the cross-over legs position (3:49-3:55 shows that the right arm of the MMA fighter is pulled behind the back of the MMA fighter while the right leg of the MMA fighter is crossed over the left leg of the MMA fighter);
handing over control of the first arm from the first restrainer to the second restrainer (The first police officer hands the left arm of the MMA fighter to the second police officer, 3:35-3:42);
applying the restraining device on the second arm of the subject while preserving the crossover legs position (The right arm of the MMA fighter is handcuffed while the right leg of the MMA fighter is crossed over the left leg of the MMA fighter, 3:57); pushing the first arm of the subject behind the back of the subject (The left arm of the MMA fighter is pushed behind the back of the MMA fighter, 3:35-3:42); and
applying the restraining device on the first arm of the subject (The second officer handcuffs the left arm of the MMA fighter, 3:42).
Regarding Claim 10, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
Gracie Academy discloses a lateral position and that the first arm and the first leg are on opposite sides of the body (The crossed arm is on the left side of the body of the MMA fighter and the crossed leg is on the right side of the body of the MMA fighter, 2:46; From 2:07 to 2:09 the MMA fighter is rolled from a supine position to a lateral position; At 2:26 the MMA fighter is on his side).
Gracie Academy fails to explicitly disclose wherein when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and wherein when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein when the subject is in the lateral position on its left side, the first arm is the right arm of the subject (At 2: 17 the restrained person is held in a lateral position on their left side with their right arm held in the giftwrap position by the first fighter).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include the first arm being the right arm of the subject when the subject is in the lateral position on its left side, as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method so that when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject, since rearranging steps of a method requires only routine skill in the art. The motivation would have been to adapt the method in the moment based on the body parts of the human subject most readily available to the restrainers.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method so that when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject, since reflecting a set of actions over the central axis of a human body is well-known in the combat arts such as wrestling and jiu jitsu. The motivation would have been to adapt the method based on the dominant hand of the restrainer or based on the most readily available body parts of the human subject.
Regarding Claim 12, Gracie Academy discloses a method of restraining a human subject (An Arrest Simulation Drill, video description), the method comprising: manipulating the subject into a restrained position (Two police officers manipulate an MMA fighter into a restrained position shown at 2:46), wherein the restrained position comprises:
a portion of a first arm of the subject over a shoulder of a second arm of the subject to achieve a cross-over arms position (The MMA fighter is positioned with their left arm over their right shoulder by the first police officer, 2:46(1)-2:46); and
a portion of a first leg of the subject over a second leg of the subject to achieve a restrained cross-over legs position (The right leg of the MMA fighter is pushed and held over the left leg of the MMA fighter from 2:45-2:46),
wherein the first arm and the first leg are on opposite sides of a body of the subject (The crossed leg is on the right side of the body of the MMA fighter and the crossed arm is on the left side of the body of the MMA fighter, 2:46).
Gracie Academy fails to explicitly disclose wherein the restrained position comprises: a portion of a first arm of the subject over a shoulder of a second arm of the subject to achieve a restrained cross-over arms position, wherein a portion of the first arm crosses over the second arm.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches manipulating a subject into a restrained position with a portion of a first arm of the subject over a shoulder of a second arm of the subject to achieve a restrained cross-over arms position (At 2: 12 the restrained person is placed in a giftwrap position by a first fighter, 2:12-2: 17, transcript 2: 11, 2: 13), wherein the portion of the first arm goes across the second arm (2:20 first arm going over the shoulder is crossing above the second arm in a held position);
and a portion of a first leg of the subject over a second leg of the subject to achieve a restrained cross-over legs position (A second fighter crosses a first leg of the restrained person over a second leg of the restrained person at 2:29; transcript 2:27).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include a restrained cross-over arms position and wherein a portion of the first arm crosses over the second arm as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
The cited position of Gracie Academy (The position of the MMA fighter at 2:46) fails to explicitly disclose a lower portion of a first leg of the subject crossed over an upper portion of a second leg of the subject to achieve a restrained cross-over legs position, wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee.
However, a second position of Gracie Academy teaches wherein in the cross-over legs position, a lower portion of a first leg (right tibia) of the subject crossed over an upper portion of a second leg (left femur) of the subject to achieve a restrained cross-over legs position (At 2:08 and further at 2:09 provided below, the right tibia of the MMA fighter is being forced and crossed over the left femur of the MMA fighter),
wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg (as shown in 2:09, the right tibia is being crossed and forced into the femur of the other leg, thus the regions of those legs are making contact, wherein as shown the anterior/forward region of the lower femur region in the knee area is making contact with the upper tibia region of the leg as shown) while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee (as shown in 2:09 below the knee of the right/first leg is in a flex position of about 90 degrees as shown).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the cited position of Gracie Academy (2:46) to include a lower portion of a first leg of the subject crossed over an upper portion of a second leg of the subject to achieve a restrained cross-over legs position, wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an anterior region of a femur of the second leg while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee as taught by the second position of Gracie Academy (2:08) in order to more securely restrict the extension of the lower limbs of the human subject to prevent potential injuries to the restrainer during combat.
Furthermore, for completeness, GracieBreakdown also further teaches at 2:46 a lower portion of a first leg (tibia of left leg) of the subject crossed over an upper portion (femur of a right leg) of a second leg of the subject to achieve a restrained cross-over legs position (see 2:46), wherein in the cross-over legs position, a tibia of the first leg is crossed over and in contact with an posterior region of a femur of the second leg (2:46 tibia of left leg making contact and cross over posterior region of a femur region of a right leg) while maintaining a knee of the first leg in a flexed position of at least 90 degrees relative to a straight extension of said knee (2:46 the knee of the first/left leg is flexed more than 90 degrees to get into such position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have provided such a crossed over position to the restraint of Gracie Academy as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
GracieBreakdown does not provide being in contact with an anterior region, but does show in contact with an posterior region.
However, It would have also been obvious to one of ordinary skill in the art before the effective filing date to include the tibia of the first leg being on an anterior region of the femur instead of the posterior region of the femur as taught by GracieBreakdown, since a reversal of essential working parts of an invention requires only routine skill in the art. The motivation would have been to more effectively restrict the extension of the lower limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 13, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 above.
Gracie Academy discloses manipulating the subject to apply a restraining device to the first and second arms of the subject to restrain the first and second arms (The police officer moves both arms of the MMA fighter behind the back of the MMA fighter and a second police officer handcuffs the MMA fighter, 3:45-3:57).
Regarding Claim 14, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 above.
Gracie Academy discloses wherein manipulating the subject into the restrained position comprises: rolling the subject from the supine position to a lateral position (From 2:07 to 2:09 the MMA fighter is rolled from a supine position to a lateral position);
pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position (The second officer pulls the right leg of the MMA fighter over the left leg of the MMA fighter, 2:45-2:46).
Gracie Academy further discloses preserving a cross-over legs position of the subject by securely restraining at least the first leg of the subject (From 2:45-2:46 the second officer uses his torso to hold the right leg of the MMA fighter in a crossed position temporarily. From 3: 13 to 3:57 the second officer succeeds in preserving the right leg of the MMA fighter in the crossed position by lifting the leg and then using his body weight to restrain the right leg over the left leg).
Gracie Academy fails to explicitly disclose wherein manipulating the subject into the restrained position comprises: from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position; rolling the subject from the supine position to a lateral position while preserving the crossover arms position; and while maintaining the crossover arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein manipulating the subject into the restrained position comprises: from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position (From the supine position, shown at 2:09, a restrained person is placed in a giftwrap position with their right arm restrained over their left shoulder, shown at 2: 12, 2:09-2:17, transcript 2: 11, 2:13);
rolling the subject from the supine position to a lateral position while preserving the crossover arms position (Between 2: 12 and 2:21 the restrained person is rolled from a supine position to a lateral position while the giftwrap arm position is maintained by the first fighter; transcript 2: 11-2:25);
pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position (At 2:29 a second fighter pulls the first leg of the restrained person over a second leg of the restrained person); and
while maintaining the cross-over arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject (The giftwrap arm position is maintained by the first fighter while the crossed position of the first leg is maintained by the second fighter, 2:17- 2:31; At 2:31 the second fighter uses his body weight to preserve the legs of the restrained person in the crossed position).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include, from a supine position, pulling the portion of the first arm of the subject over the shoulder of the second arm of the subject to achieve the cross-over arms position; rolling the subject from the supine position to a lateral position while preserving the crossover arms position; pulling the first leg of the subject over the second leg of the subject to achieve the crossover legs position; and while maintaining the cross-over arms position, preserving the cross-over legs position of the subject by securely restraining at least the first leg of the subject as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 15, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 above.
Gracie Academy further discloses preserving the cross-over legs position by a second restrainer (From 2:45-2:46 the second officer uses his torso to hold the right leg of the MMA fighter in a crossed position temporarily. From 3:13 to 3:57 the second officer succeeds in preserving the right leg of the MMA fighter in the crossed position by lifting the leg and then using his body weight to fully restrain the right leg over the left leg).
Gracie Academy also discloses that the cross-over arms position is achieved by a first restrainer (A first officer places the left arm of the MMA fighter over the right shoulder of the MMA fighter, 2:46).
Gracie Academy fails to explicitly disclose preserving the cross-over arms position by a first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches preserving the cross-over arms position by a first restrainer; and preserving the cross-over legs position by a second restrainer (A giftwrap position is maintained by a first fighter while a crossed leg position is maintained by the second fighter, 2: 17-2:31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include preserving the cross-over arms position by a first restrainer as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 16, Gracie Academy in view of GracieBreakdown discloses the method of claim 15 above.
Gracie Academy fails to explicitly disclose wherein: preserving the cross-over arms position comprises: securely restraining at least the first arm of the subject by the first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein preserving the cross-over arm position comprises: securely restraining at least the first arm of the subject by the first restrainer (The first fighter restrains the arm of the restrained person in a giftwrap position, 2:12-2:21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include securely restraining at least the first arm of the subject by the first restrainer as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 17, Gracie Academy in view of GracieBreakdown discloses the method of claim 15 above.
Gracie Academy fails to explicitly disclose the method further comprising securely restraining the second arm of the subject by the first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches securely restraining the second arm of the subject by the first restrainer (Between 2:12 and 2:17 the first fighter achieves control of the first and second arms of the restrained person. The control of both arms is maintained by the first fighter, 2:17-2:31).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include securely restraining the second arm of the subject by the first restrainer as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Regarding Claim 18, Gracie Academy in view of GracieBreakdown discloses the method of claim 15 above.
Gracie Academy discloses wherein preserving the cross-over legs position comprises securely restraining the first leg of the subject by means of one or more of armpits, ribs area, knee area, or by hands of the second restrainer (From 2:45-2:46 the second officer uses the rib area of his torso and his hand to hold the right leg of the MMA fighter in a crossed position temporarily. The second police officer uses his hands to secure the right leg of the MMA fighter in a fully restrained crossed position from 3:13-3:15).
Regarding Claim 21, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 above.
Gracie Academy discloses comprising transitioning the subject to a handcuffing position by:
handing over at least partial control of the second arm from a first restrainer to a second restrainer (The first police officer hands the right arm of the MMA fighter to the second police officer, 3:48-3:49); lifting the head of the subject (At 3:35 the head of the MMA fighter is lifted from the ground);
pulling the second arm of the subject behind the back of the subject while preserving at least the cross-over legs position (3:49-3:55 shows that the right arm of the MMA fighter is pulled behind the back of the MMA fighter while the right leg of the MMA fighter is crossed over the left leg of the MMA fighter);
handing over control of the first arm from the first restrainer to the second restrainer (The first police officer hands the left arm of the MMA fighter to the second police officer, 3:35-3:42);
applying a restraining device on the second arm of the subject while preserving the crossover legs position (The right arm of the MMA fighter is handcuffed while the right leg of the MMA fighter is crossed over the left leg of the MMA fighter, 3:57);
pushing the first arm of the subject behind the back of the subject (The left arm of the MMA fighter is pushed behind the back of the MMA fighter, 3:35-3:42); and applying the restraining device on the first arm of the subject (The second officer handcuffs the left arm of the MMA fighter, 3:42).
Regarding Claim 22, Gracie Academy in view of GracieBreakdown discloses the method of claim 14 above.
Gracie Academy discloses a lateral position and that the first arm and the first leg are on opposite sides of the body (The crossed arm is on the left side of the body of the MMA fighter and the crossed leg is on the right side of the body of the MMA fighter, 2:46; From 2:07 to 2:09 the MMA fighter is rolled from a supine position to a lateral position; At 2:26 the MMA fighter is on his side).
Gracie Academy fails to explicitly disclose wherein when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and wherein when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein when the subject is in the lateral position on its left side, the first arm is the right arm of the subject (At 2:17 the restrained person is held in a lateral position on their left side with their right arm held in the giftwrap position by the first fighter).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method Gracie Academy to include the first arm being the right arm of the subject when the subject is in the lateral position on its left side, as taught by GracieBreakdown in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer during combat.
Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method so that when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject, since rearranging steps of a method requires only routine skill in the art in order to adapt the method in the moment based on the body parts of the human subject most readily available to the restrainers.
It would have also been obvious to one of ordinary skill in the art before the effective filing date to modify the method so that when the subject is in the lateral position on its left side, the first arm is the right arm of the subject while the first leg is the left leg of the subject, and when the subject is in the lateral position on its right side, the first arm is the left arm of the subject while the first leg is the right leg of the subject, since reflecting a set of actions over the central axis of a human body is well-known in the combat arts such as wrestling and Jiu-Jitsu. The motivation would have been to adapt the method based on the dominant hand of the restrainer or based on the most readily available body parts of the human subject.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gracie Jiu-Jitsu Academy “2 Cops vs 1 MMA Fighter” (see attached youtube NPL pdf) (henceforth Gracie Academy) in view of GracieBreakdown “2 Cops vs 1 HUGE Guy!” (see attached youtube NPL pdf) (henceforth GracieBreakdown), in further view of Odell (EP 0988842 A1).
Regarding Claim 11, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
Gracie Academy fails to explicitly disclose the method further comprising transitioning the subject to a four-point restraint position by: extending the second arm of the subject and attaching a respective physical restraint to the second arm; extending the second leg of the subject and attaching a respective physical restraint to the second leg; extending the first leg of the subject and attaching a respective physical restraint to the first leg; and extending the first arm of the subject and attaching a respective physical restraint to the first arm.
However, Odell is in the field of restraining a human subject (abstract) and teaches transitioning the subject to a four-point restraint position (A detainee is first immobilized by a taser, and then transitioned into restraint device 10, para. [0049]; The detainee may be handcuffed before being positioned in restraint device 10, para. [0051]) by: extending the second arm of the subject and attaching a respective physical restraint to the second arm; extending the second leg of the subject and attaching a respective physical restraint to the second leg; extending the first leg of the subject and attaching a respective physical restraint to the first leg; and extending the first arm of the subject and attaching a respective physical restraint to the first arm (A first and second wrist of a detainee are bound in wrist cuffs 60 after his arms are extended from a position shown in figure 6 to a position shown in figure 7, para. [0050]; A first and second leg of a detainee are placed in an extended position over binder 44 and bound by respective first and second sides of binder 44. The first leg is attached to the first arm by a respective strap 40 on the first side of binder 44 and the second leg is attached to the second arm by a respective strap 40 on the second side of binder 44, para. [0036-0040], [0049-0050], figures 3, 4, 6, 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Gracie Academy to include transitioning the subject to a four-point restraint position by: extending the second arm of the subject and attaching a respective physical restraint to the second arm, extending the second leg of the subject and attaching a respective physical restraint to the second leg; extending the first leg of the subject and attaching a respective physical restraint to the first leg; and extending the first arm of the subject and attaching a respective physical restraint to the first arm as taught by Odell in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer using a device that would allow the subject to be transported.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/KERI J NELSON/Primary Examiner, Art Unit 3786
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