DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 31 objected to because of the following informalities: “to restraint” in line 10 should be -to restrain-. Appropriate correction is required.
Claim Rejections - 35 USC § 101
No 101 rejection. However, Examiner wants to make note of record over potential 101 Patent Ineligibility concerns over the method claims herein appearing to almost be an abstract idea under certain methods of organizing human activity being related to steps of teaching self-defense methods of human-to-human interaction. But, after conferencing with two TQAS contacts (Andrew Gilbert and Jason Skaarup) it was settled the claims appear at this time of analysis eligible under the 101 rules being related to a method of applying a restraining device being sufficiently not abstract and of concrete utility thereof.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-10, 12-22, 24-27, 30 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 at least one of 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, 3:45-3:57).
Gracie Academy fails to explicitly disclose wherein the restrained position comprises: a restrained crossover arms position.
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), 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 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 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 8, Gracie Academy in view of GracieBreakdown discloses the method of claim 1 above.
The cited position of Gracie Academy (The position of the MMA fighter at 2:46) fails to explicitly disclose wherein in the cross-over legs position, a tibia of the first leg is crossed over a femur of the second leg.
However, a second position of Gracie Academy teaches wherein in the cross-over legs position, a tibia of the first leg is crossed over a femur of the second leg (At 2:08 the right tibia of the MMA fighter is crossed over the left femur of the MMA fighter).
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 tibia of the first leg being crossed over a femur of the second leg 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.
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.
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), 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 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 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 19, Gracie Academy in view of GracieBreakdown discloses the method of claim 15 above.
Gracie Academy discloses wherein preserving the cross-over legs position comprises: raising the legs of the subject by the 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 20, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 above.
The cited position of Gracie Academy (The position of the MMA fighter at 2:46) fails to explicitly disclose wherein in the cross-over legs position, a tibia of the first leg is crossed over a femur of the second leg.
However, a second position of Gracie Academy teaches wherein in the cross-over legs position, a tibia of the first leg is crossed over a femur of the second leg (At 2:08 the right tibia of the MMA fighter is crossed over the left femur of the MMA fighter).
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 tibia of the first leg being crossed over a femur of the second leg 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.
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.
Regarding Claim 24, Gracie Academy in view of GracieBreakdown discloses the method of claim 14 above.
Gracie Academy discloses a method for restraint of a human subject in a prone position (An Arrest Simulation Drill, video description), the method comprising:
bending a first leg of the subject at the knee so as to raise a tibia of the first leg (At 2:01 a second officer bends the leg of an MMA fighter);
applying a pushing force on the tibia of the first leg to position the tibia over a femur and a hip of the first leg (At 2:02 the officer applies a vertical force to the tibia of the MMA fighter to left the tibia of the leg above the femur and hip of the leg, which are simultaneously pivoted downward by a first officer, 2:02-2:04);
rotating the tibia of the first leg towards the ground by applying a lateral force on the first leg, thereby causing rotation of the hips and torso of the subject and shifting the subject to a lateral position (From 2:06 to 2:08 the right tibia of the MMA fighter is rotated toward the ground so that the hips and torso of the MMA fighter are also rotated and the MMA fighter is placed in a lateral position);
pulling a first arm of the subject over a shoulder of a second arm of the subject to achieve a cross-over arms position (At 2:46 a first police officer pulls the left arm of an MMA fighter over the right shoulder of the MMA fighter);
pulling the first leg of the subject over a second leg of the subject to achieve a cross-over legs position (The right leg of the MMA fighter is pushed and held over the left leg of the MMA fighter by the second officer from 2:45-2:46);
preserving the 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); and
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).
Gracie Academy fails to explicitly disclose preserving the cross-over arms position of the subject by securely restraining at least the first arm of the subject and wherein the cross-over arms position and the cross-over legs position are preserved simultaneously for restraint of the subject.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches preserving the cross-over arms position of the subject by securely restraining at least the first arm of the subject (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; The giftwrap position is preserved by a first fighter from 2: 12 to 2: 31) and wherein the cross-over arms position and the cross-over legs position are preserved simultaneously for restraint of the subject (While the first fighter maintains the giftwrap position, a second fighter crosses a first leg of the restrained person over the second leg of the restrained person so that both the arms and legs of the restrained person are fully controlled, 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 of the subject by securely restraining at least the first arm of the subject and wherein the cross-over arms position and the cross-over legs position are preserved simultaneously for restraint 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 25, Gracie Academy in view of GracieBreakdown discloses the method of claim 24 above.
Gracie Academy discloses the method according to claim 24, wherein the cross-over legs position is preserved 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 wherein the cross-over arms position is preserved by a first restrainer.
However, GracieBreakdown is in the field of restraining human subjects (video description) and teaches wherein the cross-over arms position is preserved by a first restrainer and the cross-over legs position is preserved 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 26, Gracie Academy in view of GracieBreakdown discloses the method of claim 24 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 (1-3); 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 also 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 while the first leg is the left leg, and wherein when the subject is in the lateral position on its right side, the first arm is the left arm while the first leg is the right leg.
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 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.
Further, 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 while the first leg is the left leg, and when the subject is in the lateral position on its right side, the first arm is the left arm while the first leg is the right leg, 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 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 while the first leg is the left leg, and when the subject is in the lateral position on its right side, the first arm is the left arm while the first leg is the right leg, 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 27, Gracie Academy in view of GracieBreakdown discloses the method of claim 25 above.
Gracie Academy discloses comprising transitioning the subject to a restrained position to apply the restraining device (The police officer moves the hands of the MMA fighter behind the back of the MMA fighter and a second police officer handcuffs the arms of the MMA fighter, 3:45-3:57), wherein transitioning the subject to the restraining position includes:
handing over at least partial control of the second arm from the first restrainer to the 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 30, Gracie Academy in view of GracieBreakdown discloses the method of claim 24 above.
Gracie Academy fails to explicitly disclose wherein when the subject is shifted in the lateral position on its left side, the tibia of the first leg is rotated in an anti-clockwise direction, and wherein when the subject is shifted in the lateral position on its right side, the tibia of the first leg is rotated in a clockwise direction.
However, Gracie Academy discloses that when the subject is shifted in the lateral position on its left side, the tibia of the first leg is rotated in a clockwise direction (2:05-2:10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to include the tibia of the first leg being rotated in an anti-clockwise direction when the subject is shifted in the lateral position on its left side, 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.
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 rotated in a clockwise direction when the subject is shifted in the lateral position on its right side, 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.
Claim(s) 11, 23 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.
Regarding Claim 23, Gracie Academy in view of GracieBreakdown discloses the method of claim 12 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.
Claim(s) 28, 29 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 Velarde (US 6,360,747).
Regarding Claim 28, Gracie Academy in view of GracieBreakdown discloses the method of claim 24 above.
Gracie Academy fails to explicitly disclose the method further comprising transitioning the subject to a four-point restraint position in which the subject is restrained all four limbs, wherein transitioning from the lateral restraint to the four-point restraint position comprises restraining the second arm and second leg of the subject prior to the first arm and first leg of the subject.
However, Velarde is in the field for restraining human subjects (abstract) and teaches transitioning the subject to a four-point restraint position in which the subject is restrained all four limbs (A restraint system 10 is applied to each arm and each leg of a prisoner individually by means of two handcuffs 28 and two leg shackles 32, column 3, lines 16-20, 34-38, figures 1, 2).
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 in which the subject is restrained all four limbs as taught by Velarde in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer.
Velarde fails to explicitly disclose wherein transitioning from the lateral restraint to the four-point restraint position comprises restraining the second arm and second leg of the subject prior to the first arm and first leg of the subject.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method to include restraining the second arm and second leg of the subject prior to the first arm and first leg of the subject, since rearranging steps of a method requires only routine skill in the art in order to restrain the subject in a way that most rapidly prevents escape or combativeness for safety purposes.
Regarding Claim 29, Gracie Academy in view of GracieBreakdown and Velarde discloses the method of claim 28 above.
Gracie Academy fails to explicitly disclose wherein transitioning the subject to the four-point restraint position comprises sequentially restraining the second arm, followed by the second leg, followed by the first leg, and followed by the first arm of the subject.
However, Velarde teaches transitioning the subject to the four-point restraint position (A restraint system 10 is applied to each arm and each leg of a prisoner individually by means of two handcuffs 28 and two leg shackles 32, column 3, lines 16-20, 34-38, figures 1, 2).
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 to include transitioning the subject to a four-point restraint position as taught by Velarde as taught by Velarde in order to restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer.
Velarde fails to explicitly disclose wherein transitioning the subject to the four-point restraint position comprises sequentially restraining the second arm, followed by the second leg, followed by the first leg, and followed by the first arm of the subject.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method to include sequentially restraining the second arm, followed by the second leg, followed by the first leg, and followed by the first arm of the subject, since rearranging steps of a method requires only routine skill in the art., since rearranging steps of a method requires only routine skill in the art in order to restrain the subject in a way that most rapidly prevents escape or combativeness for safety purposes.
Claim(s) 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over in GracieBreakdown “2 Cops vs 1 HUGE Guy!” (see attached youtube NPL pdf) (henceforth GracieBreakdown) in view of Gracie Jiu-Jitsu Academy “2 Cops vs 1 MMA Fighter” (see attached youtube NPL pdf) (henceforth Gracie Academy)
Regarding Claim 31, GracieBreakdown discloses a method for restraint of a human subject in a seated position (The 2-Man-Takedown strategy, video description), the method comprising:
directing a first arm of the subject over a shoulder of a second arm of the subject to achieve a crossover arms position (A first fighter places the restrained person in a giftwrap position by directing the person's right arm over their left shoulder, 2:11-2: 17);
preserving the cross-over arms position by securely restraining the first arm and the second arm of the subject (The giftwrap position is maintained by the first fighter to control the restrained person 2: 17-2:31 );
crossing a first leg of the subject over a knee of a second leg of the subject to achieve a cross-over legs position (At 2:29 the right leg of the restrained person is crossed over the right knee of the restrained person by a second fighter so that the restrained person in placed in a cross-legs position); and
preserving the cross-over legs position of the subject (The second fighter preserves the cross legged position, 2:29-2:56), wherein the cross-over arms position and the cross-over legs position are preserved in tandem (The giftwrap position and the cross-legs position are maintained at the same time to control the restrained person, 2:11-2:31 ).
GracieBreakdown fails to explicitly disclose wherein the cross-over arms position and the cross-over legs position are preserved in tandem to restrain the subject in the seated position.
However, Gracie Academy is in the field of restraining human subjects (video description) and teaches wherein the cross-over arms position and the cross-over legs position are utilized in tandem to restrain the subject in the seated position (At 2:46 an MMA fighter is placed in a position where one arm is crossed over their torso and one leg is crossed over their torso. The position is used to gain control of the MMA fighter so that he can be handcuffed and placed in a seated position, 4:08-4:10; At 2:45 the MMA fighter is restrained with a first arm in a crossed position and a first leg in a crossed position in such a way that he is on his side but his body is articulated in a seated position by the police officers).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of GracieBreakdown to include preserving the cross-over arms position and the cross-over legs position in tandem to restrain the subject in the seated position as taught by Gracie Academy in order to restrain the limbs of the human subject to prevent injuries to the restrainer and place them in a seated position for transport.
Regarding Claim 32, GracieBreakdown in view of Gracie Academy discloses the method of claim 31 above.
GracieBreakdown discloses comprising: raising the second arm of the subject while preserving the cross-over legs position (From 2:17-2:21 the left arm of the restrained person is raised by the first fighter while the right arm of the restrained person is maintained in the giftwrap position); extending the first arm underneath the raised second arm of the subject (From 2:21 to 2:22 the restrained person is rolled over so that their right arm is held underneath their left arm while their left arm is in the raised position); and lowering the raised second arm of the subject so as to secure the first arm with the second arm (From 2:48-2:56 the left arm is moved from the raised position to a lowered position to secure both of the arms of the restrained person behind their back, transcript 2:50-2:55).
Regarding Claim 33, GracieBreakdown in view of Gracie Academy discloses the method of claim 31 above.
GracieBreakdown discloses wherein the cross-over arms position is preserved by a first restrainer and the cross-over legs position is preserved by a second restrainer (The giftwrap position is maintained by the first fighter while the crossed leg position is maintained by the second fighter, 2: 17-2: 31 ), wherein when the first and second restrainers are on a right side of subject, the first arm is the right arm of the subject (At 2: 17-2:21, both fighters are on the right side of the restrained person and the right arm is held in the giftwrap position).
GracieBreakdown fails to explicitly disclose wherein when the first and second restrainers are on a left side of subject, the first arm is the left arm of the subject.
However, 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 first and second restrainers are on a left side of subject, the first arm is the left arm of the subject, since reflecting 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.
GracieBreakdown fails to explicitly disclose wherein when the first and second restrainers are on a left side of subject, the first arm is the left arm of the subject while the first leg is the right leg of the subject, and wherein when the first and second restrainers are on a right side of subject, the first arm is the right arm of the subject while the first leg is the left leg of the subject.
However, Gracie Academy is in the field of restraining human subjects (video description) and teaches that the first arm is on the opposite side of the body as the first leg (At 2:26(2) the right leg of a MMA fighter is crossed over the left leg of an MMA fighter and the left arm of an MMA fighter is crossed over the left shoulder of the MMA 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 GracieBreakdown to include wherein when the first and second restrainers are on a left side of subject, the first arm is the left arm of the subject while the first leg is the right leg of the subject, and wherein when the first and second restrainers are on a right side of subject, the first arm is the right arm of the subject while the first leg is the left leg of the subject as taught by Gracie Academy in order to more securely restrict the extension of the limbs of the human subject to prevent potential injuries to the restrainer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20240293249 A1 (Chen) – four point restraint system
CN 213156839 U (Huang) – four point restraint system
See further attached NPLs
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN S ALBERS whose telephone number is (571)272-0139. The examiner can normally be reached Monday-Friday 7:30 am to 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael Bredefeld can be reached at (571) 270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN S ALBERS/Patent Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
Prosecution Insights