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 1-2, 4, 6-14, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capra (U.S. Patent No. 9,610,185).
Regarding independent claim 1, Figures in Capra discloses applicant’s claimed knee brace (20), comprising:
a body (20) comprising a flexible textile substrate (column 11, lines 1-7), the body (20) comprising
a distal portion (10) configured to surround a portion of a calf of a wearer and extend
below a knee of the wearer;
a proximal portion (12) configured to surround a portion of a thigh of the wearer and
extend above the knee of the wearer;
an outward facing surface (outer/exposed surface of body 20) of the proximal portion (12) and the distal portion (10);
an inward facing surface (inner/skin facing surface of body 20) of the proximal portion (12) and the distal portion (10) configured to face an opposite direction of the outward facing surface; and
a fastener (142a, 142b) configured to couple the outward facing surface of the proximal
portion and the inward facing surface of the proximal portion;
one or more supports, the one or more supports comprising:
a first support (anterior calf portion, Figures 2-3) positioned laterally on the outward facing surface of the distal portion of the body;
a second support (anterior thigh portion, Figures 2-3) positioned laterally on the outward facing surface of the proximal portion of the body;
a third support (posterior calf portion, Figures 2-3) positioned medially on the outward facing surface of the distal portion of the body; and
a fourth support (posterior thigh portion, Figures 2-3) positioned medially on the outward facing surface of the proximal portion of the body;
a first tightening mechanism (calf tensioning device 125, Figures 2-3) comprising a first rotating dial (Figure 2 illustrates a rotating dial) and a first cable (Figure 2 illustrates a second cable), the first cable coupled to the first support and the third support (see Figures 2-3);
a second tightening mechanism (thigh tensioning device 125, Figures 2-3) comprising a second rotating dial (Figure 2 illustrates a rotating dial) and a second cable (Figure 2 illustrates a second cable), the second cable coupled to the second support and the fourth support (see Figures 2-3); and
a hinge (Figures 2-3 illustrate hinge located in knee joint) positioned laterally on the knee brace and coupled to the first support and the second support;
wherein the distal portion of the body and the proximal portion of the body are
configured to encircle the knee of the wearer (see Figures 2-3);
wherein the first tightening mechanism (calf tensioning device 125, Figures 2-3) is configured to incrementally tension the distal portion by rotating the first rotating dial to increase the tension in the first cable and is configured to release tension in the distal portion by releasing the tension in the first cable;
wherein the second tightening mechanism (thigh tensioning device 125, Figures 2-3) is configured to incrementally tension () the proximal portion by rotating the second rotating dial to increase the tension in the second cable and is configured to release tension in the proximal portion by releasing the tension in the second cable.
Regarding claim 2, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the one or more supports are semi-rigid (column 11 lines 1-6).
Regarding claim 4, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the fourth support comprises a first component and a second component (closure system 122 including opposing fabric/liner) , wherein the first component is removably coupled to the second component (opposed fabric/liner are removably coupled to each other in view of closure system 122) .
Regarding claim 6, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the flexible textile substrate is made of an elastomeric or soft material, the flexible textile substrate is most elastic when tension is applied in a lateral direction (column 11, lines 1-7 discloses thermoformable plastic material which possesses elasticity).
Regarding claim 7, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the first tightening mechanism (calf tensioning device 125, Figures 2-3) comprises one or more cable guides (guides 150 in calf area), the one or more cable guides (guides 150 in calf) comprise one or more sided closures (opposed guides 150) stitched (see Figure 2) into the one or more cable guides (guides 150) to retain the first cable (Figure 2 illustrates calf cable received in cable guides 150).
Regarding claim 8, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the first tightening mechanism (calf tensioning device 125, Figures 2-3) comprises one or more cable guides (guides 150, the one or more cable guides comprises one or more clamps, the one or more clamps are removably mounted onto the one or more cable guides to retain the first cable.
Regarding claim 9, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the first cable extends from a first location on the first support to a first location on the third support, to a second location on the third support to a second location on the first support, to a third location on the third support to a fourth location on the third support, to a third location of the first support to the first location
at the first support (see Figure 2).
Regarding claim 10, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the second cable extends from a first location on the second support to a first location on the fourth support, to a second location on the fourth support to a second location of the second support, to a third location on the fourth support to a fourth location on the fourth support, to a third location on the second support to the first location on the second support (see Figure 2).
Regarding claim 11, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the hinge is located on a lateral side of the knee of the wearer and configured to support movement of the knee of the wearer, wherein the hinge allows the knee to flex and extend on a sagittal plane (see Figure 2).
Regarding claim 12, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the hinge comprises a first assembly bar and a second assembly bar (Figure 2 illustrates thigh strut and calf strut ), the first assembly bar having a distal end and a proximal end, the second assembly bar having a distal end and a proximal end, wherein the proximal end of the first assembly bar and the proximal end of the second assembly bar are coupled to the hinge, wherein the distal end of the first assembly bar extends into a portion of the first support and the distal end of the second assembly bar extends into a portion of the second support (see Figure 2).
Regarding claim 13, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, further comprising an anti-slip portion (column 11 lines 1-7 discloses cuffs 10, 12 formed from foam-like material, which is interpreted to possess anti-slip characteristic), the anti-slip portion is located on the inward facing surface of the proximal portion.
Regarding claim 14, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, further comprising a condyle pad (Figure 1a illustrates hinge includes a condyle pad), wherein the condyle pad is located between the hinge and a condyle area of the knee of a wearer (see Figure 1a), wherein the condyle pad is compliant and configured to control an amount of pressure applied by the hinge to the condyle area of the knee of a wearer.
Regarding independent claim 17, Figures in Capra discloses applicant’s claimed knee brace (20), comprising:
a flexible textile substrate (column 11 lines 1-7), the flexible textile substrate comprising:
a distal portion (10) configured to surround a portion of a calf of a wearer
and extend below a knee of the wearer;
a proximal portion (12) configured to surround a portion of a thigh of the wearer and extend above the knee of the wearer;
one or more supports, the one or more supports comprising:
a first support (anterior calf portion, see Figures 2-3) positioned laterally on the distal portion of the flexible textile substrate;
a second support (anterior thigh portion, see Figures 2-3) positioned laterally on the proximal portion of the flexible textile substrate;
a third support (posterior calf portion, see Figures 2-3) positioned medially on the distal portion of the flexible textile substrate; and
a fourth support (posterior thigh portion, see Figures 2-3) positioned medially on the proximal portion of the flexible textile substrate; and
a hinge assembly (Figures 2-3 illustrate hinge located in knee joint) positioned laterally on the knee brace and coupled to the first support and the second support, the hinge assembly comprising:
a body;
a first assembly bar (upper/thigh strut) having a distal end and a proximal end, wherein the proximal end is coupled to the body; and
a second assembly bar (lower/calf strut) having a distal end and a proximal end, wherein the proximal end is coupled to the body;
wherein the fourth support comprises a first component and a second component (closure system 122), first and second component are removably coupled to each other (opposed fabric/liner are removably coupled to each other in view of closure system 122).
Regarding claim 18, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, further comprising one or more tightening mechanisms (125).
Regarding claim 19, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims, wherein the one or more tightening mechanisms is a first tightening mechanism and a second tightening mechanism (Figures 2-3 illustrate thigh tightening mechanism 125 and calf tightening mechanism 125), the first tightening mechanism comprises a first rotating dial and a first cable (Figures 2-3 illustrate rotating dial and cable), the first cable is coupled to the first support and the third support, the second tightening mechanism comprises a second rotating dial and a second cable (Figures 2-3 illustrate rotating dial and cable), the second cable is coupled to the second support and the fourth support.
Regarding independent claim 20, Figures in Capra discloses applicant’s claimed method for providing stability to a knee joint, comprising:
providing the knee brace in Claim 17;
positioning the distal portion of the flexible textile substrate around the calf of
the wearer and below the knee of the wearer;
positioning the proximal portion of the flexible textile substrate around the
thigh of the wearer and above the knee of the wearer;
positioning the proximal portion of the flexible textile substrate and the distal
portion of the flexible textile substrate around the knee of the wearer;
positioning the first support and the second support on a lateral side of the
wearer;
positioning the third support and the fourth support on a medial side of the
wearer;
tightening a first tightening mechanism to incrementally tension the distal
portion of the flexible textile substrate by rotating a first rotating dial to increase tension
in a first cable;
tightening a second tightening mechanism to incrementally tension the
proximal portion by rotating a second rotating dial to increase tension in a second cable;
loosening the first tightening mechanism to release tension in the distal portion
by releasing tension in the first cable; and
loosening the second tightening mechanism to release tension in the proximal
portion by releasing tension in the second cable.
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 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Capra (U.S. Patent No. 9,610,185) in view of Mueller (U.S. Patent Application Publication No. US 2007/0106191).
Regarding claims 15-16, Capra reference, presented above, discloses applicant’s claimed knee brace comprising all features as recited in these claims.
Capra does not disclose a lateral flexible stay, wherein the lateral flexible stay is positioned on a medial portion of the body, the lateral flexible stay comprises a first end and a second end, the first end extends to a position connectable to the third support, the second end extends to a position connectable to the fourth support, wherein the lateral flexible stay is made of flexible steel.
However, Figure 2 in Mueller teaches an analogous knee brace comprising lateral stay made of flexible steel (paragraph 0044).
Therefore it would have been obvious to one of ordinary skill in the art to modify Capra’s knee brace to include flexible stay for purposes of upholding integrity of the knee brace
Allowable Subject Matter
Claims 3 and 5 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMTU TRAN NGUYEN whose telephone number is (571)272-4799. The examiner can normally be reached 9am-5pm, Monday-Friday.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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