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 Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 6-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lu et al (US PG Pub. No. 2002/0183663, Dec. 5, 2002) (herein “Lu”).
Regarding claim 1, as broadly interpreted, Lu teaches a foot and ankle exercise system comprising: a base 10 (see Fig. 1 and 4C below) having an upper end and a lower end, the lower end dimensioned and configured to stabilize the base with respect to a horizontal support surface (i.e., ground/floor); a slant board 20 (see Fig. 1 and 4C below) supported at the upper end of the base 10, the slant board 20 extending along the upper end of the base 10 at an angle with respect to the horizontal support surface; and a torque bar 12 dimensioned and configured to be disposed adjacent the slant board 20 such that the torque bar 12 extends upward with respect to the horizontal support surface, wherein, when the base 10 is stabilized with respect to the horizontal support surface, the torque bar 12 and slant board 20 are positioned and configured such that the slant board 20 is operable to receive a ball of a foot of a user while a heel of the foot of the user applies torque against the torque bar 12 (see Fig 4 below, where a user is capable of placing a heel of the user on the bar 12 and the ball of the foot on the slant board and apply torque against the bar 12).
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Regarding claim 6, Lu teaches the foot and ankle exercise system of Claim 1 wherein the slant board 10 is fixed to the base 20 (see Lee, Fig. 4C above).
Regarding claim 7, Lu teaches the foot and ankle exercise system of Claim 1 wherein the slant board 10 is operable to be rotated with respect to the base 20 (see Fig. 4A, where the slant board 10 can be rotated to various angles).
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Lu, as applied to claim 1 above, in view of Dewees (US Pat. No. 4,635,932, Jan. 13, 1987).
Regarding claim 2, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 1 wherein the lower end of the base 20 includes a plurality of stabilizing wings.
Dewees, however, in an analogous art teaches an ankle and lower leg exerciser having a base 32 and a plurality of stabilizing wings 34 (see Dewees, col. 2, lines 25-29, and Fig. 3 below).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the lower end of the base 20 includes a plurality of stabilizing wings 34 as taught by Dewees in order to prevent the device from sliding on a floor.
Regarding claim 3, Lu as modified by Dewee teaches the foot and ankle exercise system of claim 2 wherein a lower end of each of the plurality of stabilizing wings includes a bumper 34 (see Dewees, col. 2, lines 25-29, and Fig. 3 above) positioned and configured for contacting the horizontal support surface (i.e., floor) and preventing movement of the base during use of the foot and ankle exercise system.
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Lu, as applied to claim 1 above.
Lu teaches the invention as substantially claimed.
Regarding claim 4, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 1 wherein the angle of the slant board 10 is between 10 and 20 degrees.
Lu, however, generally teaches that the slant board 10 can be positioned in a variety of angles (see Lu, Fig. 4C above) about pivots 201,202.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the slant board 10 can be positioned at angle between 10 and 20 degrees because where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05). Furthermore, Applicant’s claimed 10 and 20 degrees lacks criticality because Applicant discloses that other angles can be used (see Applicant’s para. [0029]).
Regarding claim 5, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 1 wherein the angle of the slant board is about 15 degrees.
Lu, however, generally teaches that the slant board 10 can be positioned in a variety of angles (see Lu, Fig. 4C above) about pivots 201,202.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the slant board 10 can be positioned at angle about 15 degrees because where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05). Furthermore, Applicant’s claimed 15 degrees lacks criticality because Applicant discloses that other angles can be used (see Applicant’s para. [0029]).
Claims 8, 11, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lu, as applied to claim 1 above, in view of Lee et al. (US PG Pub. No. 2008/0182733, Jul. 31, 2008) (herein “Lee”).
Lu teaches the invention as substantially claimed.
Regarding claim 8, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 1 wherein the torque bar 12 is configured to be removably secured to the base 20 in a plurality of positions.
Lee, however, in an analogous art teaches a foot bar 22 configured to be removably secured from a base 31 in a plurality of positions (i.e., positions of aligned holes 211, see Lee, para. [0038], and Fig 6 below)
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the torque bar 12 is configured to be removably secured to the base 20 in a plurality of positions as taught by Lee in order to change the height of the bar 12 for resting the foot of the user (see Lee, para. [0038])
Regarding claim 11, as broadly interpreted, Lu teaches a foot and ankle exercise system comprising: a base 20 having an upper end and a lower end, the lower end dimensioned and configured to stabilize the base 20 with respect to a horizontal support surface; a slant board 10 supported at the upper end of the base 20, the slant board 10 extending along the upper end of the base at an angle with respect to the horizontal support surface; and a torque bar 12; wherein, when the base is stabilized with respect to the horizontal support surface, the torque bar 12 and slant board 10 are positioned and configured such that the slant board 10 is operable to receive a ball of a foot of a user while a heel of the foot of the user applies torque against the torque bar.
Lu is silent in explicitly teaching that the torque bar 12 is removably connected to the base such that a position of the torque bar 12 may be adjusted in relation to the slant board 10 between a plurality of positions, the torque bar extending upward with respect to the horizontal support surface in each of the plurality of positions such that torque can be applied against the torque bar 12 in each of the plurality of positions.
Lee, however, in an analogous art teaches a bar 22 configured to be removably secured from a base 31 in a plurality of positions relative to a horizontal support surface (i.e., positions of aligned holes 211, see Lee, para. [0038], and Fig 6 above), the bar 22 extending upward with respect to the horizontal support surface in each of the plurality of positions (i.e., to adjust a vertical height thereof).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the torque bar 12 is configured to be removably secured to the base 20 and may be adjusted in relation to the slant board 10 between a plurality of positions as taught by Lee in order to change the height of the bar 12 for resting the foot of the user (see Lee, para. [0038])
Regarding claim 14, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 11 wherein the angle of the slant board 10 is between 10 and 20 degrees.
Lu, however, generally teaches that the slant board 10 can be positioned in a variety of angles (see Lu, Fig. 4C above) about pivots 201,202.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the slant board 10 can be positioned at angle between 10 and 20 degrees because where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05). Furthermore, Applicant’s claimed 10 and 20 degrees lacks criticality because Applicant discloses that other angles can be used (see Applicant’s para. [0029]).
Regarding claim 15, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 11 wherein the angle of the slant board is about 15 degrees.
Lu, however, generally teaches that the slant board 10 can be positioned in a variety of angles (see Lu, Fig. 4C above) about pivots 201,202.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the slant board 10 can be positioned at angle about 15 degrees because where conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation. (See MPEP 2144.05). Furthermore, Applicant’s claimed 15 degrees lacks criticality because Applicant discloses that other angles can be used (see Applicant’s para. [0029]).
Regarding claim 16, Lu teaches the foot and ankle exercise system of Claim 11 wherein the slant board 10 is fixed to the base 20 (see Lee, Fig. 4C above).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Lu in view of Lee as applied to claim 11 above, further in view of Dewees (US Pat. No. 4,635,932, Jan. 13, 1987).
Lu as modified by Lee teaches the invention as substantially claimed.
Regarding claim 12, Lu is silent in explicitly teaching the foot and ankle exercise system of Claim 1 wherein the lower end of the base 20 includes a plurality of stabilizing wings.
Dewees, however, in an analogous art teaches an ankle and lower leg exerciser having a base 32 and a plurality of stabilizing wings 34 (see Dewees, col. 2, lines 25-29, and Fig. 3 above).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Lu such that the lower end of the base 20 includes a plurality of stabilizing wings 34 as taught by Dewees in order to prevent the device from sliding on a floor.
Regarding claim 13, Lu as modified by Dewee teaches the foot and ankle exercise system of claim 2 wherein a lower end of each of the plurality of stabilizing wings includes a bumper 34 (see Dewees, col. 2, lines 25-29, and Fig. 3 above) positioned and configured for contacting the horizontal support surface (i.e., floor) and preventing movement of the base during use of the foot and ankle exercise system.
Allowable Subject Matter
Claims 9-10, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 9, none of the prior art either alone or in combination teach or suggest the foot and ankle exercise system of Claim 8 wherein the slant board includes a front lower end, a rear raised end, a first side, and a second side, and the plurality of positions of the torque bar include at least a first position in which the torque bar is positioned adjacent the front lower end of the slant board and a second position in which the torque bar is positioned adjacent one of the first side and the second side of the slant board.
Regarding claim 10 none of the prior art either alone or in combination teach or suggest the foot and ankle exercise system of Claim 1 wherein: the base includes a first side, a second side opposite the first side, a third side, and a fourth side opposite the third side, the base further including a first slot extending through the first and second sides and a second slot extending through the third and fourth sides, and the torque bar is L-shaped with a horizontal portion having a proximal end and a distal end, the torque bar being operable to be removably secured to the base by inserting the proximal end of the horizontal portion through one of the first slot and the second slot of the base.
Regarding claim 17, none of the prior art either alone or in combination teach or suggest the foot and ankle exercise system of Claim 11 wherein the slant board includes a front lower end, a rear raised end, a first side, and a second side, and the plurality of positions of the torque bar include at least a first position in which the torque bar is positioned adjacent the front lower end of the slant board and a second position in which the torque bar is positioned adjacent one of the first side and the second side of the slant board.
Regarding claim 18, none of the prior art either alone or in combination teach or suggest the foot and ankle exercise system of Claim 11 wherein: the base includes a first side, a second side opposite the first side, a third side, and a fourth side opposite the third side, the base further including a first slot extending through the first and second sides and a second slot extending through the third and fourth sides, and the torque bar is L-shaped with a horizontal portion having a proximal end and a distal end, the torque bar being operable to be removably secured to the base by inserting the proximal end of the horizontal portion through one of the first slot and the second slot of the base.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784
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