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
Claims 12-17 and 19-22 are objected to because of the following informalities which require appropriate correction:
In claim 12 section “d”: “a user’s body” should be “a body of a user”.
In claim 13 line 1: “claim 11” should be “claim 12”.
In claim 14 line 1: “claim 11” should be “claim 12”.
In claim 15 line 1: “claim 13” should be “claim 14”.
In claim 16 line 1: “claim 14” should be “claim 15”.
In claim 17 line 1: “claim 11” should be “claim 12”.
In claim 19 line 1: “claim 11” should be “claim 12”.
In claim 20 line 1: “claim 11” should be “claim 19”.
In claim 21 line 1: “claim 11” should be “claim 20”.
In claim 22 line 1: “claim 12” should be “claim 13”.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-6, 11-12 and 14-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thornton (US 2012/0253251).
With respect to claim 1, Thornton discloses a lumbar support system (para [0048]) comprising:
an orthotic support band (adjustable brace 20), comprising:
a central portion (sleeve 32; figs 1-2);
a first side portion extending from a first side of the central portion (wing 22; figs 1-2);
a second side portion extending from a second side of the central portion (wing 24; figs 1-2);
a first connector portion disposed on either of an inner surface or an outer surface of an end portion of either of the first side portion or the second side portion and a second connector portion disposed on the other of the inner surface or the outer surface of an end portion of the other of the first side portion or the second side portion, wherein the first connector portion and the second connector portion are configured to engage with one another to secure the first side portion and the second side portion together (hook material on portion 134 on inner surface of wing 22 that cooperates with loop material on the outer surface of wing 24 – para [0082]); and
an adjustable pull strap (cords 52, 54) attached to the orthotic support band (fig 4), and configured to allow for adjusting a fit of the orthotic support band about a user (para [0069;0072]); and
one or more of a posterior support panel, anterior support panel, and a pelvic strap (the device includes a posterior support panel (support insert 126; para [0080]) and an anterior support panel (wing panel 130; fig 12; para [0081])).
With respect to claim 2, Thornton discloses the device as claimed (see rejection of claim 1) and Thornton also discloses that the central portion further comprises a posterior support panel attachment (pocket 124 in inner surface 110 of sleeve 32 – para [0080]), wherein the posterior support panel attachment is configured to secure the posterior support panel at the central portion (para [0080]; fig 11).
With respect to claim 3, Thornton discloses the device as claimed (see rejection of claim 2) and Thornton also discloses that the posterior support panel attachment comprises a pouch configured to receive the posterior support panel therein (pocket 124 in inner surface 110 of sleeve 32 that is sized and configured for removably receiving a relatively rigid support insert 126– para [0080]).
With respect to claim 4, Thornton discloses the device as claimed (see rejection of claim 3) and Thornton also discloses that the pouch (124) is disposed on either of an exterior or interior surface of the central portion of the orthotic support band (pocket 124 is in inner surface 110 of sleeve 32 – para [0080]; fig 11).
With respect to claim 5, Thornton discloses the device as claimed (see rejection of claim 1) and Thornton also discloses that the anterior support panel (130) is configured to be attachable to either of the first side portion or the second side portion of the orthotic support band (para [0081]).
With respect to claim 6, Thornton discloses the device as claimed (see rejection of claim 1) and Thornton also discloses that the anterior support panel (130) is configured to be attachable to an inside surface of either of the first side portion or the second side portion (para [0081]; fig 12 shows attachment on inner surface of wing 24), such that when the orthotic support band is attached and secured about the user the anterior support panel is directly adjacent an anterior portion of the user (as shown in fig 12, panel 130 is attached on the end of wing 24 which, as shown in fig 15, is positioned adjacent to an anterior portion of the user during use with the brace 20 attached/secured about the user).
With respect to claim 11, Thornton discloses the device as claimed (see rejection of claim 1) and Thornton also discloses that the adjustable pull strap (52,54) comprises a first portion (52) and a second portion (54), wherein the first portion extends from about a middle point of the central portion in a first direction and the second portion extends from about a middle point of the central portion in a second direction opposite of the first direction (shown in fig 4), and wherein an end portion of either or both of the first portion and second portion are configured to releasably attach to an outer surface of the first side portion or second side portion (the ends 68 extend to the front side as shown in fig 15 and the wings 22 and 24 are constructed to allow selective engagement of the pull rings 68 anywhere on the outer surface 94 and 96 of either wing 22 and 24 – para [0073]).
With respect to claim 12, Thornton discloses a method of using a lumbar support system (para [0048]; device is shown in use in figs 14-15) comprising:
providing an orthotic support band (adjustable brace 20 is provided to a user for application as shown in fig 14), the support comprising:
a central portion (sleeve 32; figs 1-2);
a first side portion extending from a first side of the central portion (wing 22; figs 1-2);
a second side portion extending from a second side of the central portion (wing 24; figs 1-2);
a first connector portion disposed on either of an inner surface or an outer surface of an end portion of either of the first side portion or the second side portion and a second connector portion disposed on the other of the inner surface or the outer surface of an end portion of the other of the first side portion or the second side portion, wherein the first connector portion and the second connector portion are configured to engage with one another to secure the first side portion and the second side portion together (hook material on portion 134 on inner surface of wing 22 that cooperates with loop material on the outer surface of wing 24 – para [0082]); and
an adjustable pull strap (cords 52, 54) attached to the orthotic support band (fig 4), and configured to allow for adjusting a fit of the orthotic support band about a user (para [0069;0072]);
providing one or more of a posterior support panel, anterior support panel, and a pelvic strap (the device includes a posterior support panel (support insert 126; para [0080]) and an anterior support panel (wing panel 130; fig 12; para [0081]); it is inherent that these elements are “provided’ in order to be present on the device for use);
positioning and securing the orthotic support band about the user’s body (as shown in figs 14-15).
With respect to claim 14, Thornton discloses the method as claimed (see rejection of claim 12) and Thornton also discloses that the central portion further comprises a posterior support panel attachment (pocket 124 in inner surface 110 of sleeve 32 – para [0080]), wherein the posterior support panel attachment is configured to secure the posterior support panel at the central portion (para [0080]; fig 11).
With respect to claim 15, Thornton discloses the method as claimed (see rejection of claim 14) and Thornton also discloses that the posterior support panel attachment comprises a pouch configured to receive the posterior support panel therein (pocket 124 in inner surface 110 of sleeve 32 that is sized and configured for removably receiving a relatively rigid support insert 126– para [0080]).
With respect to claim 16, Thornton discloses the method as claimed (see rejection of claim 15) and Thornton also discloses that the pouch (124) is disposed on either of an exterior or interior surface of the central portion of the orthotic support band (pocket 124 is in inner surface 110 of sleeve 32 – para [0080]; fig 11).
With respect to claim 17, Thornton discloses the method as claimed (see rejection of claim 12) and Thornton also discloses that the anterior support panel (130) is configured to be attachable to either of the first side portion or the second side portion of the orthotic support band (para [0081]).
With respect to claim 18, Thornton discloses the method as claimed (see rejection of claim 16) and Thornton also discloses that the anterior support panel (130) is configured to be attachable to an inside surface of either of the first side portion or the second side portion (para [0081]; fig 12 shows attachment on inner surface of wing 24), such that when the orthotic support band is attached and secured about the user the anterior support panel is directly adjacent an anterior portion of the user (as shown in fig 12, panel 130 is attached on the end of wing 24 which, as shown in fig 15, is positioned adjacent to an anterior portion of the user during use with the brace 20 attached/secured about the user).
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) 7-10, 13 and 19-22 are rejected under 35 U.S.C. 103 as being unpatentable over Thornton (US 2012/0253251) in view of JP 6181182 B2 (hereinafter the “JP ‘182” reference).
With respect to claim 7, Thornton discloses the device as claimed (see rejection of claim 1) but does not include a pelvic strap that is configured to extend from the central portion of the orthotic support band to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together.
JP ‘182, however, teaches an orthotic support band (garment 10 comprising a waist surrounding member 12 – para [0008]; figs 1-4) that includes a pelvic strap that is configured to extend from the central portion of the orthotic support band (strap member 36 attached to the back side 22 of the waist surrounding member; shown attached to the center of the backside in fig 1; see para [0010]) to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together (shown in fig 4). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the device of Thornton by adding a pelvic strap that is configured to extend from the central portion of the orthotic support band to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together, as taught by JP ‘182, to the support band of Thornton, in order to provide support to the pelvic/abdominal regions of the user while specifically applying pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ’182 para [0002;0005;0007-0008;0010]).
With respect to claim 8, Thornton in view of JP ‘182 discloses the device substantially as claimed (see rejection of claim 7) and JP ‘182 further teaches that the pelvic strap comprises a posterior end having a first attachment mechanism disposed thereon (strap member 36 has one end that is attached to the back side 22 of the waist surrounding member; see para [0010]) and an anterior end having one or more finger straps extending therefrom (straps 38, 40, 42 in fig 4; para [0010]), and wherein the one or more finger straps (38, 40, 42) each include a second attachment mechanism at their distal ends (Velcro – para [0010]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the device of Thornton in view of JP ‘182 so that the pelvic strap comprises a posterior end having a first attachment mechanism disposed thereon and an anterior end having one or more finger straps extending therefrom, and wherein the one or more finger straps each include a second attachment mechanism at their distal ends, as taught by JP ‘182 in order to apply pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ‘182 para [0010]).
With respect to claim 9, Thornton in view of JP ‘182 discloses the device substantially as claimed (see rejection of claim 8) and JP ‘182 further teaches that the posterior end of the pelvic strap is configured to be attachable to an inside surface of the central portion via the first attachment mechanism (strap member 36 has one end that is attached to the back side 22 of the waist surrounding member; see para [0010]; shown attached to inner surface in fig 1; the attachment means used for connecting strap 36 to backside 22 is interpreted as being the “first attachment mechanism”), and the anterior end of the pelvic strap is configured to be attachable to an outside surface of either of the first side portion or the second side portion via the second attachment mechanism (straps 38, 40, 42 attached to outer surface of front portion 20 via Velcro fastener at 44 as shown in fig 4; para [0010]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have formed the device of Thornton in view of JP ‘182 so that the posterior end of the pelvic strap is configured to be attachable to an inside surface of the central portion via the first attachment mechanism, and the anterior end of the pelvic strap is configured to be attachable to an outside surface of either of the first side portion or the second side portion via the second attachment mechanism, as taught by JP ‘182, in order to apply pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ‘182 para [0010]).
With respect to claim 10, Thornton in view of JP ‘182 discloses the device substantially as claimed (see rejection of claim 7) and JP ‘182 further teaches that the device comprises a cold/hot pack holder (separate detachable member 46; fig 5; para [0012]), wherein the cold/hot pack holder is configured to attach to the pelvic strap at about a mid-point thereof, and is further configured to retain a cold/hot pack (para [0012]; fig 5-6). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the device of Thornton in view of JP ‘182 to further include a cold/hot pack holder, wherein the cold/hot pack holder is configured to attach to the pelvic strap at about a mid-point thereof, and is further configured to retain a cold/hot pack, as taught by JP ‘182, in order to provide cooling or heating in the crotch region for improved comfort and pain relief at that region.
With respect to claim 13, Thornton discloses the method as claimed (see rejection of claim 12) but does not disclose attaching a cold/hot pack holder to the pelvic strap, and attaching or inserting a cold/hot pack to or in the cold/hot pack holder.
JP ‘182 teaches a device that comprises a cold/hot pack holder (separate detachable member 46; fig 5; para [0012]), wherein the cold/hot pack holder is attached to the pelvic strap and inserting a cold/hot pack therein (para [0012]; fig 5-6). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the method of Thornton to further include attaching a cold/hot pack holder to the pelvic strap, and attaching or inserting a cold/hot pack to or in the cold/hot pack holder, as taught by JP ‘182, in order to provide cooling or heating in the crotch region for improved comfort and pain relief at that region.
With respect to claim 19, Thornton discloses the method as claimed (see rejection of claim 12) but does not disclose a pelvic strap that is configured to extend from the central portion of the orthotic support band to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together.
JP ‘182, however, teaches an orthotic support band (garment 10 comprising a waist surrounding member 12 – para [0008]; figs 1-4) that includes a pelvic strap that is configured to extend from the central portion of the orthotic support band (strap member 36 attached to the back side 22 of the waist surrounding member; shown attached to the center of the backside in fig 1; see para [0010]) to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together (shown in fig 4). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the method of Thornton by adding a pelvic strap that is configured to extend from the central portion of the orthotic support band to either of the first side portion or the second side portion of the orthotic support band when the first side portion and the second side portion are secured together, as taught by JP ‘182, to the support band of Thornton, in order to provide support to the pelvic/abdominal regions of the user while specifically applying pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ’182 para [0002;0005;0007-0008;0010]).
With respect to claim 20, Thornton in view of JP ‘182 discloses the method substantially as claimed (see rejection of claim 19) and JP ‘182 further teaches that the pelvic strap comprises a posterior end having a first attachment mechanism disposed thereon (strap member 36 has one end that is attached to the back side 22 of the waist surrounding member; see para [0010]) and an anterior end having one or more finger straps extending therefrom (straps 38, 40, 42 in fig 4; para [0010]), and wherein the one or more finger straps (38, 40, 42) each include a second attachment mechanism at their distal ends (Velcro – para [0010]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the method of Thornton in view of JP ‘182 so that the pelvic strap comprises a posterior end having a first attachment mechanism disposed thereon and an anterior end having one or more finger straps extending therefrom, and wherein the one or more finger straps each include a second attachment mechanism at their distal ends, as taught by JP ‘182 in order to apply pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ‘182 para [0010]).
With respect to claim 21, Thornton in view of JP ‘182 discloses the method substantially as claimed (see rejection of claim 20) and JP ‘182 further teaches that the posterior end of the pelvic strap is configured to be attachable to an inside surface of the central portion via the first attachment mechanism (strap member 36 has one end that is attached to the back side 22 of the waist surrounding member; see para [0010]; shown attached to inner surface in fig 1; the attachment means used for connecting strap 36 to backside 22 is interpreted as being the “first attachment mechanism”), and the anterior end of the pelvic strap is configured to be attachable to an outside surface of either of the first side portion or the second side portion via the second attachment mechanism (straps 38, 40, 42 attached to outer surface of front portion 20 via Velcro fastener at 44 as shown in fig 4; para [0010]). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the method of Thornton in view of JP ‘182 so that the posterior end of the pelvic strap is configured to be attachable to an inside surface of the central portion via the first attachment mechanism, and the anterior end of the pelvic strap is configured to be attachable to an outside surface of either of the first side portion or the second side portion via the second attachment mechanism, as taught by JP ‘182, in order to apply pressure to the crotch region of the wearer with a specific pattern that will be more comfortable for the wearer and applies the desired pressure to provide the desired amount of support to the crotch region (JP ‘182 para [0010]).
With respect to claim 22, Thornton in view of JP ‘182 discloses the method substantially as claimed (see rejection of claim 13) and JP ‘182 further teaches that the device comprises a cold/hot pack holder (separate detachable member 46; fig 5; para [0012]), that is configured to attach to the pelvic strap at about a mid-point thereof, and is further configured to retain a cold/hot pack (para [0012]; fig 5-6). It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to have modified the method of Thornton in view of JP ‘182 to further include a cold/hot pack holder, wherein the cold/hot pack holder is configured to attach to the pelvic strap at about a mid-point thereof, and is further configured to retain a cold/hot pack, as taught by JP ‘182, in order to provide cooling or heating in the crotch region for improved comfort and pain relief at that region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN CARREIRO whose telephone number is (571)270-7234. The examiner can normally be reached M-F 7:30am-4pm.
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/CAITLIN A CARREIRO/Primary Examiner, Art Unit 3786
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