Patent Application 16160092 - Hip Orthotic Configured for Thermal Packs

Title: Hip Orthotic Configured for Thermal Packs
Application Information

Invention Title: Hip Orthotic Configured for Thermal Packs
Application Number: 16160092
Submission Date: 2025-05-19T00:00:00.000Z
Effective Filing Date: 2018-10-15T00:00:00.000Z
Filing Date: 2018-10-15T00:00:00.000Z
National Class: 602
National Sub-Class: 013000
Examiner Employee Number: 97099
Art Unit: 3786
Tech Center: 3700
Rejection Summary

102 Rejections: 0
103 Rejections: 18
Cited Patents

The following patents were cited in the rejection:
Office Action Text



    DETAILED ACTION
This is a Non-Final Rejection for Application 16/160,092 filed October 15, 2018. Claims 1-9 and 11-19 are currently pending.

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 .

Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection.  Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.  Applicant's submission filed on April 15, 2025 has been entered.

Terminal Disclaimer
The terminal disclaimer filed April 15, 2025 has been disapproved for the use of the incorrect form. See the Terminal Disclaimer review decision filed April 17, 2025 for instructions on how to resubmit the terminal disclaimer. No new fee will be required. The nonstatutory double patenting rejection is maintained until a properly filed terminal disclaimer is filed. See the nonstatutory double patenting rejection below.





Response to Amendment
The examiner acknowledges the amendments to claims 1, 5, 11 and 15. 

The amendments to claim 1 overcome the Section 101 rejections indicated in the Final Rejection filed October 15, 2024. Therefore, the Section 101 rejection are withdrawn. The addition of the limitation “in any desired location and orientation” changes the scope of the claims and is addressed in the Section 103 rejections below.
The amendment to claim 5 changes the scope of the claim and is addressed in the Section 103 rejections below.
The amendments to claim 11 overcome the Section 101 rejections indicated in the Final Rejection filed October 15, 2024. Therefore, the Section 101 rejection are withdrawn. The added limitations to the claim change the scope of the claim and are addressed in the Section 103 rejections below.
The amendment to claim 15 changes the scope of the claim and is addressed in the Section 103 rejections below.

 Response to Arguments
Applicant's arguments filed April 15, 2025 have been fully considered but they are not persuasive.
Applicant states that they disagree with the examiner’s statements regarding Kloecker teaching a semi-tubular chamber however, that limitation was cancelled from the claims filed on August 26, 2024 and are not present in the current claims filed April 15, 2025 so the argument is moot.
Applicant argues that Lerman does not suggest the presence of a sliding link while the brace is in use on a moving patient and would therefore, not meet the claimed limitations. The structure previously claimed in claim 5 required a free sliding connection between the upper plate and the upper link. Allowing said upper plate to freely slide along said upper link over a defined range of motion while said hip orthotic is installed on said user and in use by said user is an intended use recitation. A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art.  If the prior art structure is capable of performing the intended use, then it meets the claim. Applicant has not provided evidence that the structure after the combination of Turconi in view of Lerman would be incapable of performing said intended use. The teachings of Lerman, to tighten the fasteners while in use, do not make the structure incapable of performing the claimed intended use. New grounds of rejection are used to reject claim 5 due to the change in scope, therefore this argument is ultimately moot. 
Applicant’s arguments that “[t]his combination is not taught by the prior art” and “[t]his combination of features is not found in the prior art” amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. The Section 103 rejections below provide prior art to teach the combinations in the claims.

Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.


Section 33(a) of the America Invents Act reads as follows:  
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.  

Claims 1-9 and 11-19 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism.  See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Both claims 1 and 11 recite the limitation “a thermal bag, […] being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation”. This limitation recites the user as a structural component of the claims and should be corrected such that the limitation is recited as functional language. An example of language to overcome this rejection is “a thermal bag, […] being thereby positioned against said inward facing surface of said panel assembly and configured to be positioned against said user in any desired location and orientation”.
Claims 2-9 and 12-19 are rejected for depending upon claims 1 and 11, respectively, and not curing the deficiencies thereof.

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.


Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565) and Rolfes (US 4481941).

Regarding claim 1, Turconi discloses a hip orthotic configured to attach to a user's lateral waist, hip, and lateral thigh (See Figure 6C wherein the orthotic is attached at the lateral waist, hip, and lateral thigh) comprising: 
(a) a waist panel (See Annotated Figure 3) configured to lie over said user’s lateral waist (See Figure 6C according to Annotated Figure 3 wherein this waist panel lies over the user’s lateral waist); 
(b) a thigh panel (See Annotated Figure 3) configured to lie over said user’s lateral thigh (See Figure 6C according to Annotated Figure 3 wherein this thigh panel lies over the user’s lateral thigh); 
(c) a central web between said waist panel and said thigh panel (See Annotated Figure 3) configured to lie over said user’s hip (See Figure 6C in accordance with Annotated Figure 3 wherein this central web lies over the user’s hip), said waist panel, thigh panel, and central web in combination forming a panel assembly 10 (See Annotated Figure 3); 
(e) a waist strap 14a configured to encircle said waist of said user and secure said waist panel to said user (see [0036]); 
(f) an upper thigh strap 14b configured to encircle said thigh of said user and secure said thigh panel to said user (see [0036]),
(k) a brace assembly 18’ (articulated rod 18’) removably attached to said panel assembly (see [0038] where 18’ is attached to side portion 13 which is a part of the panel assembly 10 as a whole with quick hooking means, see further [0039] and the Abstract); an upper link (See Annotated Figure 6C), a lower link (See Annotated Figure 6C), a pivot mechanism pivotally connecting said upper link to said lower link (See Annotated Figure 6C, see [0038] wherein articulated rod 18’ means this is a pivot, see https://www.merriam-webster.com/dictionary/articulated), an upper plate 23U (upper buckle 23, see Figure 6C) connected to said upper link, and
a lower plate connected to said lower link (Lower buckle 23 is interpreted as a lower plate and is connected to the lower link. See Fig. 6C.).

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For note, Turconi discloses that the hip brace 10 (panel assembly) has the function of treating post-surgical edema (see [0008]).

Turconi does not disclose (g) said panel assembly including an inflatable air bladder extending through said waist panel, said thigh panel, and said central web configured to allow said user to selectively inflate and deflate said air bladder in order to regulate a pressure applied by said panel assembly to said user’s said lateral waist, said lateral thigh, and said hip, (j) wherein said air bladder is configured to be selectively inflated to adjustably compress said thermal bags against said user.

However, Kloecker teaches an analogous waist/hip/thigh garment G3 (See Figure 7, also device is further analogous in having a similar shape as Turconi) with an analogous thigh portion/panel 20 (See Figures 7-8 and [0108]) and analogous waist portion/panel 17 (See Figures 7-8 and [0108]) for treating edema in the hip, thigh, and waist (see [0108]) (wherein the garment G3 is of the same construction as the garments G2 and G1 of Figures 3-8) wherein this garment of Kloecker contains an inflatable bladder 4 (segments pockets of inflatable air 4 [0100]) which is configured to allow said user to selectively inflate and deflate (and thus being able to adjustably compress against the user) said air bladder 4 in order to regulate a pressure applied to the waist, thigh, and hip (see [0101, 0106] valves 10 permit the user to selectively deflate and inflate the inflatable bladders 4).

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel assembly 10 of Turconi (see Figure 3) to be entirely provided with the segmented inflatable bladder 4 of the garment G3 of Kloecker (thus causing the entire panel assembly to have an inflatable bladder 4) to further treat edema in the waist, thigh, and hip of the user (See Kloecker [0108]), such that as inflatable bladder 4 is providing compression to the leg as combined the inflatable bladder 4 is capable of, and thus configured to, compress the thermal bags (cryotherapeutic gel bag [0032]) provided on the interior side pocket 25 (see [0032]) against the user.

As a result, Turconi in view of Kloecker discloses (g) said panel assembly including an inflatable air bladder extending through said, waist panel, said thigh panel, and said central web configured to allow said user to selectively inflate and deflate said air bladder in order to regulate a pressure applied by said panel assembly to said user's said lateral waist, said lateral thigh, and said hip (The inflatable bladder 4 of Kloecker extends through the panel assembly 10 of Turconi and is capable of being inflated to provide compression.).

Turconi in view of Kloecker does not explicitly disclose the function of the air bladder 4 compressing said thermal bag (Turconi, cryotherapeutic gel bag [0032]) against said user.

However, Lowe teaches an analogous air bladder 208 (Figure 2D and [0066-0067]) as a compressive element and an analogous thermal bag 206 (Figure 2D and [0066] wherein this a heat exchanger 206, see [0068] wherein the heat exchanger 206 may be in the form of a bladder which is a bag) placed against the user 102 (See Figure 2D) wherein the analogous air bladder 208 is used to apply a compressive force (compression) to the analogous thermal bag 206 (see [0067-0068]) wherein performing this function improves the heat exchange the body receives from the thermal bag 206 (see [0068]) which aids in treating edema (see [0068]) and overall improves healing and health of the body part (see [0004]).

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have configured the air bladder 4 of the orthotic taught by Turconi in view of Kloecker to compress the interior thermal bag of Turconi (cryotherapeutic gel bag [0032]) against the user as taught by Lowe in order to improve the heat exchange the body receives from the thermal bag (Lowe [0068]) which aids in treating edema (see Lowe [0068]) and overall improves healing and health of the body part (see Lowe [0004]).

As a result, Turconi in view of Kloecker and Lowe (j) discloses wherein said air bladder is configured to be selectively inflated to adjustably compress said thermal bag against said user (The air bladder 4 of the orthotic taught by Turconi in view of Kloecker compresses the cryotherapeutic gel bag of Turconi against the user as taught by Lowe in order to improve the heat exchange the body receives from the thermal bag.).

Turconi in view of Kloecker in view of Lowe does not disclose (h) said panel assembly having an inward facing surface covered entirely in loop material; (i) a thermal bag, with said thermal bag having an outward facing hook panel, said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation.

Turconi does disclose a thermal transfer bag (cryotherapeutic gel bag [0032]) including a sealed interior volume (gel bag [0032] means there is a sealed interior volume) containing a heat transfer media (cooling gel [0032] wherein this is heat transfer media as a gel bag cooling element causes heat transfer into the bag). Also, Turconi further discloses the gel bag may be placed into an inner side pocket 25 [0032].

Furthermore, Jacobs teaches an analogous panel assembly 10 wherein the inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030].
Jacobs teaches an analogous thermal transfer bag 110 (See Figure 4, [0025]) wherein a plurality of thermal transfer bags 110 may be used (Figure 4 and [0029-0030]) and placed on the interior side of an analogous panel assembly 10. The inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030].
Jacobs teaches that the inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030] wherein this allows the thermal bag 110 to be repositioned easily to a desired body area [0008] and as seen in Figures 3-5B the construction of the hook and loop enables the user to place each bag in any desired position and orientation on said inward facing surface of said panel assembly.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel assembly (See Annotated Figure 3) and thermal bag (cryotherapeutic gel bag [0032]) of the orthotic taught by Turconi in view of Kloecker and Lowe to have accompanying hook and loop material (entire inner side of panel assembly provided with loop material, Jacobs [0028], and outward facing side of thermal bag with hook material) as taught by Jacobs as this is an alternative way of providing a removable thermal bag (wherein Jacobs discloses the thermal bag being able to removably placed into a pocket 25 [0032]) that provides the user with the ability to position the thermal therapy to a desired position (Jacobs [0008]), and to have further provided a plurality of thermal bags 110 (Jacobs [0029-0030]) in order to enable a larger and more customizable area of thermal treatment to the user.

As a result, Turconi in view of Kloecker, Lowe and Jacobs discloses (h) said panel assembly having an inward facing surface covered entirely in loop material (The panel assembly and cryotherapeutic gel bag of the orthotic taught by Turconi in view of Kloecker and Lowe have accompanying hook and loop material on the entire inner side of panel assembly provided in view of Jacobs, and hook and loop material on the outward facing side of cryotherapeutic gel bag with hook material as taught by Jacobs.); 
(i) a thermal bag, with said thermal bag having an outward facing hook panel, said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation (The panel assembly and cryotherapeutic gel bag of the orthotic taught by Turconi in view of Kloecker and Lowe have accompanying hook and loop material on the entire inner side of panel assembly provided in view of Jacobs, and hook and loop material on the outward facing side of cryotherapeutic gel bag with hook material as taught by Jacobs which allows the cryotherapeutic gel bag to be positioned in any location or orientation on the inner side of the panel assembly.).

Turconi in view of Kloecker in view of Lowe in view of Jacobs does not disclose (d) a soft fabric upper plate cover having a top, a first side, a second side, and a bottom, with said top, said first side, and said second side being attached to said waist panel and said bottom being open, thereby providing a pocket formed between said waist panel and said upper plate cover.

However, Sano discloses a walking assistance device comprising a main body 21 which is analogous to a waist panel and a mount plate 60 which is analogous to an upper plate. Receiver portion 23 is interpreted as an upper plate cover and includes a top, first side, second side, and an open bottom forming a pocket-like shape. See Fig. 2 and [0056].

It would have been obvious to an artisan of ordinary skill before the effective filing date to add an upper plate cover to the waist panel of Turconi as taught by Sano to encapsulate the entire upper buckle 23 of Turconi. A skilled artisan would have been motivated to do so because Sano teaches that the receiver portion 23 allows for the mount plate 60 to be attached and adjusted within the receiver portion so as to transmit force to the belt while moving ([0058] and [0102]) and by encapsulating the entire upper buckle 23 of Turconi, the buckle is better secured in the receiver portion. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Turconi in view of Kloecker, Lowe, Jacobs and Sano discloses (d) a soft fabric upper plate cover having a top, a first side, a second side, and a bottom, with said top, said first side, and said second side being attached to said waist panel and said bottom being open, thereby providing a pocket formed between said waist panel and said upper plate cover (Turconi comprises a receiver portion made from the material of Turconi which is a soft fabric and the receiver portion comprises a top, first side, second side, and an open bottom forming a pocket-like shape for receiving the entire upper buckle 23 of Turconi.).

As a further result of the combination, Turconi in view of Kloecker, Lowe, Jacobs and Sano discloses (n) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover (Turconi in view of Sano comprises the articulated rod 18’ and upper buckle 23 of Turconi which slides into the receiver portion added to the waist panel of Turconi.).

Turconi in view of Kloecker, Lowe, Jacobs and Sano does not disclose (l) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user’s waist; (m) said lower plate being a curved rigid pate that extends circumferentially beyond said lower link and is configured to extend around a portion of said user’s thigh.

However, Rolfes discloses a universal hip stabilization device comprising a lower brace extension 32 which is analogous to a link and a support 90 which is analogous to a plate. The support 90 is arcuate shaped. See Fig. 5.

It would have been obvious to an artisan of ordinary skill before the effective filing date for the upper buckle 23 of Turconi to be curved as taught by Rolfes. A skilled artisan would have been motivated to do so because Rolfes teaches that the arcuate shaped support 90 conforms to the natural curvature of the thigh (Col. 4, Lns. 9-21) which would provide a better fit for a wearer at the waist as well. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Turconi in view of Kloecker, Lowe, Jacobs, Sano and Rolfes discloses (l) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user’s waist (Upper buckle 23 of Turconi is a curved, rigid plate that extends circumferentially beyond the upper part of rod 18’ and is configured to extend around a portion of the user’s waist.); 
(m) said lower plate being a curved rigid pate that extends circumferentially beyond said lower link and is configured to extend around a portion of said user’s thigh (Lower buckle 23 of Turconi is a curved, rigid plate that extend circumferentially beyond the lower part of rod 18’ and is configured to extend around a portion of the user’s thigh.).

Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565) and Rolfes (US 4481941) as applied to claim 1 above, and further in view of Lebl (US 20100083422).

Regarding claim 2, Turconi in view of Kloecker, Lowe, Jacobs, Rolfes and Sano discloses the hip orthotic as recited in claim 1, [wherein] said upper plate having a lower edge extending laterally beyond said upper link on a first side of said upper link (Upper buckle 23 of Turconi is a curved, rigid plate ([0038]) that extends circumferentially beyond the upper part of rod 18’ and around a portion of the user’s waist on both sides of the upper part of rod 18’.).

Turconi in view of Kloecker, Lowe, Jacobs, Rolfes and Sano does not disclose a first hook tab connected to said bottom of said upper plate cover, said first hook tab having a first hook panel facing inward toward said waist panel; said waist panel having an outward facing surface including loop material proximate said pocket formed between said waist panel and said upper plate cover; and said upper plate secured within said pocket by said hook panel on said first hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said first side of said upper link.

However, Lebl discloses a garment with a removable pocket comprising a pocket 12 which is analogous to an upper plate cover. The pocket 12 further comprises hook and loop strips 16a, 16b which are interpreted as hook tabs. See Fig. 1C and [0016]. One of the hook strips 16a is interpreted as the first hook tab and is connected to the bottom of the pocket 12. See the annotated figure below.

It would have been obvious to an artisan of ordinary skill before the effective filing date to add a first and second hook tab to the inner bottom of the receiver portion of Turconi in view of Sano and to have corresponding loop material attached to the waist panel of Turconi as taught by Lebl. A skilled artisan would have been motivated to do so because Lebl teaches that the hook and loop material allows the pocket to by selectively removable ([0016]). A skilled artisan would have a reasonable expectation of success given that the reference is drawn to innovations in pockets and the present invention is claiming an analogous pocket.

As a result of the combination, Turconi in view of Kloecker, Lowe, Jacobs, Rolfes, Sano and Lebl discloses a first hook tab connected to said bottom of said upper plate cover (One of the hook strips 16a is interpreted as the first hook tab and is connected to the bottom of the receiver portion.), 
said first hook tab having a first hook panel facing inward toward said waist panel (The hook strip 16a interpreted as the first hook tab has a first hook panel facing inward toward the user which is towards the waist panel of Turconi.); 
said waist panel having an outward facing surface including loop material proximate said pocket formed between said waist panel and said upper plate cover (One of the loop strips 16b is interpreted as a loop material proximate said pocket formed between said waist panel of Turconi and said receiver portion. See the annotated figure below.); and 
said upper plate secured within said pocket by said hook panel on said first hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said first side of said upper link (The hook strip 16a interpreted as the first hook tab attaches to the loop strip 16b interpreted as the corresponding loop material on the waist panel of Turconi. The strips 16a, 16b secure the pocket so that anything within the pocket is secured to the waist panel of Turconi and the upper buckle 23 is fully secured within the pocket so the strips 16a, 16b secure the pocket below the lower end of the buckle 23.).



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Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565), Rolfes (US 4481941) and Lebl (US 20100083422) as applied to claim 2 above.

Regarding claim 3, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lebl discloses the hip orthotic as recited in claim 2, further comprising: a second hook tab connected to said bottom of said upper plate cover (One of the hook strips 16a is interpreted as the second hook tab and is connected to the bottom of the receiver portion.),
said second hook tab having a second hook panel facing inward toward said waist panel (The hook strip 16a interpreted as the second hook tab has a second hook panel facing inward toward the user which is towards the waist panel of Turconi.);
said lower edge of said upper plate extending laterally beyond said upper link on a second side of said upper link (Upper buckle 23 of Turconi is a curved, rigid plate ([0038]) that extends circumferentially beyond the upper part of rod 18’ and around a portion of the user’s waist on both sides of the upper part of rod 18’.); and
said upper plate secured within said pocket by said second hook panel on said second hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said second side of said upper link (The hook strip 16a interpreted as the second hook tab attaches to the loop strip 16b interpreted as the corresponding loop material on the waist panel of Turconi. The strips 16a, 16b secure the pocket so that anything within the pocket is secured to the waist panel of Turconi and the upper buckle 23 is fully secured within the pocket so the strips 16a, 16b secure the pocket below the lower end of the buckle 23.).

Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565) and Rolfes (US 4481941) as applied to claim 1 above, and further in view of Lerman (US 6540703).

Regarding claim 4, Turconi in view of Kloecker, Lowe, Jacobs, Sano and Rolfes discloses the hip orthotic as recited in claim 1.

Turconi does disclose a lower thigh strap 24b connected to the lower plate 23L (lower buckle 23) (See Figure 6C and [0031]), said lower thigh strap 24b configured to encircle said thigh of said user below a position of said upper thigh strap 14b (Fig. 6C).

Turconi in view of Kloecker in view of Lowe in view of Jacobs, Rolfes and Sano does not disclose (a) a slide body slidably attached to said lower link of said brace assembly; said slide body being released by a slide release that places said slide body in a free sliding state when actuated and a fixed state when released; (b) a lower thigh strap attached to said slide body, said lower thigh strap configured to encircle said thigh of said user below a position of said upper thigh strap.

However, Lerman teaches an analogous hip brace (See Figure 1, see title where this is a post-operative hip abduction orthosis, then see Turconi [0008] which is the same goal/function) with an analogous brace assembly (See Figure 2) with an analogous pivot connection 60, upper link 56, lower link 58, and analogous lower plate 82 which acts as the connection between lower link 58 and analogous thigh panel 40 (See Figures 2 and 8-9), wherein lower link 58 has elongated slots 66 (See Figure 8) and fasteners 68 permit free sliding connection between the lower link 58 and lower plate 82 over the defined length of the elongated slot 66 (defined range of motion) to allow adjustment of the brace to a desired position for best functionality (See Col. 4 line 62 - Col. 5 line 9), wherein then the lower plate 82 may be regarded as a slide body as it slides in relation to the lower link 58, and further wherein said slide body 82 is configured to translate along said lower link 58 while a slide release 68 is actuated (Col. 4 line 62 - Col. 5 line 9, 68 is untightened via user thus allowing slide motion, see httgs://wwvv.merriam-webster.com/dictionary/actuate, wherein untightening is a form of mechanical motion) and lock in position when said slide release 68 is released (Col. 4 line 62 - Col. 5 line 9, when retightened by user, the user lets go of release 69 thus releasing it).
Additionally, Lerman teaches a fastener 68, which is interpreted as a slide release, that places lower plate 82, which is interpreted as a slide body, in a free sliding state when actuated and a fixed state when released. The actuated state is interpreted as when the fastener is loosened and the released state is when the fastener is left resting.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the lower link (See Annotated Figure 6C) and lower plate 23L of Turconi to be a sliding adjustment connection as taught by Lerman above to allow adjustment of the brace to a desired position for best functionality (See Lerman Col. 4 line 62 – Col. 5 line 9), wherein this makes the lower plate 23L a slide body which is connected to a thigh strap 24b (See Turconi Figure 6C and [0031]).

As a result of the combination, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lerman discloses (a) a slide body slidably attached to said lower link of said brace assembly; said slide body being released by a slide release that places said slide body in a free sliding state when actuated and a fixed state when released (The lower link and lower plate 23L of Turconi form a sliding adjustment connection as taught by Lerman.); 
(b) a lower thigh strap attached to said slide body, said lower thigh strap configured to encircle said thigh of said user below a position of said upper thigh strap (The lower plate 23L is a slide body which is connected to a thigh strap 24b. Thigh strap 24b encircles the thigh of the user below the upper thigh strap 14b.).

Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565), Rolfes (US 4481941) and Lerman (US 6540703) as applied to claim 4 above, and further in view of Smith (US 5857989).

Regarding claim 5, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lerman discloses the hip orthotic as recited in claim 4.

Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lerman does not disclose wherein said connection between said upper plate and said upper link is a permanently affixed free sliding connection configured to allow said upper plate to freely slide along said upper link over a defined range of motion while said hip orthotic is installed on said user and in use by said user.

However, Smith discloses a slidable connection between two components of an orthopedic knee brace assembly. A lateral depending portion 95 is slidably affixed to a strap guide assembly 145a by a rivet assembly 147 that enables the strap guide assembly 145a to slidably move within a slot 140. See Figs. 1, 3 and 4, as well as Col. 5, Lns. 7-20. The lateral depending portion 95 is interpreted as being analogous to the upper link of Turconi and the strap guide assembly 145a is interpreted as being analogous to the upper plate 23U of Turconi.

Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the upper plate 23U to be affixed to the upper link in a slidable manner by disposing a slot on the upper link and inserting a rivet assembly through the upper plate 23U and the slot as taught by Smith.  A skilled artisan would have been motivated to do so because Smith teaches that the slidable connection allows for the strap guide assembly to be adjusted between two extremes (Col. 5, Lns. 7-20) which allows a user to adjust the position of the strap guide assembly. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg braces with straps.

As a result of the combination, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes, Lerman and Smith discloses  wherein said connection between said upper plate and said upper link is a permanently affixed free sliding connection configured to allow said upper plate to freely slide along said upper link over a defined range of motion while said hip orthotic is installed on said user and in use by said user (The upper plate 23U is slidably affixed to the upper link by a rivet assembly passing through a slot on the upper link. The slidable connection is capable of performing the intended use of allowing said upper plate 23U to freely slide along said upper link over a defined range of motion while said device of Turconi is installed on said user and in use by said user. The rivet assembly is interpreted as a permanently affixed connection as rivet are generally known in the art to be permanent fasteners. In addition, applicant uses rivets to form a permanent connection.).

Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565) and Rolfes (US 4481941) as applied to claim 1 above, and further in view of Schwenn (US 20050283102).

Regarding claim 6, Turconi in view of Kloecker, Lowe, Jacobs, Sano and Rolfes discloses the invention of claim 1 above.
Turconi discloses a) a first snap together coupler 16 (on strap 14a) (see Figure 3 and [0021] wherein this is “quick hooking means 16” which may be Velcro clamping the waist strap 14a as shown in Figure 6A, wherein this can be called a snap together coupler as “snap” means “quick”, see https://www.dictionary.com/browse/snap, and this couples the waist strap 14a) configured to allow said waist strap 14a to be easily connected (see [0021] and Figures 1-3). 

Turconi in view of Kloecker, Lowe, Jacobs, Sano and Rolfes does not disclose wherein said waist strap includes: (b) a first sheave assembly connected to said waist panel; (c) a second sheave assembly connected to said waist strap; and (d) a first cord running through said first and second sheave assemblies and connected to a first adjustment tab.

However, Schwenn teaches an analogous hip orthosis (See Figures 1-2, Title) with an analogous waist panel 12 (See Figure 3, [0043]) and analogous waist strap 14 (See Figure 3, [0043]) which are connected by a block-and-tackle 16 (closure unit 16) (See Figure 3, [0043]) in order to provide compressive force and ensure the analogous brace assembly 94 has a stable anchor point [0044] wherein this is formed by providing a first sheave assembly 18 connected to the waist panel 12 (See Figures 3 and 9-10) and a second sheave assembly 20 connected to the waist strap 14 (See Figures 3 and 9-10) which are connected with a first cord 40 (See Figures 9-10, [0046]) running through the first and second sheave assemblies 18 and 20 (See Figures 9-10) and connected to a first adjustment tab 48/41 (see [0047, 0049] and Figures 3 and 9-10).

Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the waist panel (See Annotated Figure 3) and waist strap 14a of Turconi to be connected by a block-and-tackle 16 as taught by Schwenn in order to provide compressive force to ensure the brace assembly 18’ has a stable anchor point on the waist (Schwenn [0044]).

As a result of the combination, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Schwenn discloses wherein said waist strap includes: (b) a first sheave assembly connected to said waist panel (Waist strap 14a includes a first sheave assembly 18 of Schwenn connected to the waist panel of Turconi.); 
(c) a second sheave assembly connected to said waist strap (Waist strap 14a includes a second sheave assembly 20 of Schwenn connected to the waist panel of Turconi.); and 
(d) a first cord running through said first and second sheave assemblies and connected to a first adjustment tab (Waist strap 14a includes a first cord 40 running through the first and second sheave assemblies 18 and 20 and connected to a first adjustment tab 48/41.).

Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565), Rolfes (US 4481941) and Schwenn (US 20050283102) as applied to claim 6 above.

Regarding claim 7, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Schwenn discloses the invention of claim 6 above.
Schwenn further teaches wherein said first sheave assembly 18, said second sheave assembly 20, and said adjustment tab 48/41 combine to form a first block-and-tackle 16 providing a mechanical advantage for increasing a tension on said waist strap 14a (See Schwenn [0049] wherein the adjustment tab 41 is pulled to create tension which creates compressive force).

Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565), Rolfes (US 4481941) and Schwenn (US 20050283102) as applied to claim 7 above.

Regarding claim 8, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Schwenn discloses the invention of claim 7 above.

Turconi in view of Kloecker, Lowe, Jacobs, Sano and Rolfes does not disclose a third sheave assembly connected to said thigh panel; a fourth sheave assembly connected to said upper thigh strap; and a second cord running through said third and fourth assemblies and connected to a second adjustment tab.

However, Schwenn does further teach that such compressive forces on the thigh would also be useful to provide a second stable anchor point for the analogous brace assembly 94 [0044] wherein it would be obvious to also then provide a second block-and-tackle 16 (closure unit 16) between the analogous thigh panel 62 and analogous thigh strap 92.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a second block-and-tackle 16-2 as taught by Schwenn between the thigh strap 14b and thigh panel (See Annotated Figure 3) of Turconi to provide further compressive forces on the thigh to make a stable anchor point for the brace assembly 18’ (See Schwenn [0044]) wherein this second block-and-tackle 16-2 would comprise a third sheave assembly 18-2 connected to the thigh panel, a fourth sheave assembly 20-2 connected to the upper thigh strap 14b, and a second cord 40-2 running through those third and fourth sheave assemblies (18-2 and 20-2) connected to a second adjustment tab 48/41-2 (See Schwenn Figures 3 and 9-10).

As a result, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Schwenn discloses a third sheave assembly connected to said thigh panel (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a third sheave assembly 18-2 connected to the thigh panel.); 
a fourth sheave assembly connected to said upper thigh strap (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a fourth sheave assembly 20-2 connected to the upper thigh strap 14b.); and 
a second cord running through said third and fourth assemblies and connected to a second adjustment tab (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a second cord 40-2 running through those third and fourth sheave assemblies.).

Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Kloecker (US 20100042026), Lowe (US 20150150717), Jacobs (US 20190298565), Rolfes (US 4481941) and Schwenn (US 20050283102) as applied to claim 8 above.

Regarding claim 9, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Schwenn discloses the invention of claim 8 above.
Schwenn further teaches that said third sheave assembly 18-2, said fourth sheave assembly 20-2, and said second adjustment tab 48/41-2 combine to form a second block-and-tackle 16-2 providing a mechanical advantage for increasing a tension on said upper thigh strap (See Schwenn [0049] wherein the adjustment tab 41 is pulled to create tension which creates compressive force).

Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941) and Jacobs (US 20190298565).

Regarding claim 11, Turconi discloses a hip orthotic configured to attach to a user's lateral waist, lateral hip area, and lateral thigh (See Figure 6C wherein the orthotic is attached at the lateral waist, hip, and lateral thigh) comprising: 
(a) a panel assembly 10 configured to cover said user’s lateral waist, lateral hip area, and lateral thigh (See Annotated Figure 3, and Figure 6C in view of Annotated Figure 3);
said panel assembly 10 including a waist panel (See Annotated Figure 3), a thigh panel (See Annotated Figure 3), and a central web (See Annotated Figure 3) connecting said waist panel and a said thigh panel (See Annotated Figure 3);
(b) a waist strap 14a configured to encircle said waist of said user and secure said panel assembly to said user (see [0036], See Annotated Figure 3, and Figure 6C); 
(c) an upper thigh strap 14b configured to encircle said thigh of said user and secure said panel assembly to said user (see [0036], See Annotated Figure 3, and Figure 6C),
(e) a brace assembly 18’ (articulated rod 18’) removably attached to said panel assembly (see [0038] where 18’ is attached to side portion 13 which is a part of the panel assembly 10 as a whole with quick hooking means, see further [0039] and the Abstract); an upper link (See Annotated Figure 6C), a lower link (See Annotated Figure 6C), a pivot mechanism pivotally connecting said upper link to said lower link (See Annotated Figure 6C, see [0038] wherein articulated rod 18’ means this is a pivot, see https://www.merriam-webster.com/dictionary/articulated), an upper plate 23U (upper buckle 23, see Figure 6C) connected to said upper link.
For note, Turconi discloses that the hip brace has the function of treating post-surgical edema (see [0008]).

Turconi does not disclose said panel assembly having an inward facing surface covered entirely in loop material; (d) a soft fabric upper plate cover attached to said waist panel and having an open bottom, thereby providing a pocket formed between said waist panel and said upper plate cover; and (g) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover.

However, Sano discloses a walking assistance device comprising a main body 21 which is analogous to a waist panel and a mount plate 60 which is analogous to an upper plate. Receiver portion 23 is interpreted as an upper plate cover and includes a top, first side, second side, and an open bottom forming a pocket-like shape. See Fig. 2 and [0056].

It would have been obvious to an artisan of ordinary skill before the effective filing date to add an upper plate cover to the waist panel of Turconi as taught by Sano to encapsulate the entire upper buckle 23 of Turconi. A skilled artisan would have been motivated to do so because Sano teaches that the receiver portion 23 allows for the mount plate 60 to be attached and adjusted within the receiver portion so as to transmit force to the belt while moving ([0058] and [0102]) and by encapsulating the entire upper buckle 23 of Turconi, the buckle is better secured in the receiver portion. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices. As a result of the combination, Turconi would comprise a receiver portion made from the material of Turconi which is a soft fabric ([0019] of Turconi) and the receiver portion comprises a top, first side, second side, and an open bottom forming a pocket-like shape for receiving the entire upper buckle 23 of Turconi.

As a result of the combination of Turconi in view of Sano discloses (d) a soft fabric upper plate cover attached to said waist panel and having an open bottom, thereby providing a pocket formed between said waist panel and said upper plate cover (the articulated rod 18’ and upper buckle 23 of Turconi would slide into the receiver portion added to the waist panel of Turconi.).
As a further result of the combination, Turconi in view of Sano discloses (g) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover (Turconi in view of Sano comprises the articulated rod 18’ and upper buckle 23 of Turconi which slides into the receiver portion added to the waist panel of Turconi.).

Turconi in view of Sano does not disclose (f) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user's waist.

However, Rolfes discloses a universal hip stabilization device comprising a lower brace extension 32 which is analogous to a link and a support 90 which is analogous to a plate. The support 90 is arcuate shaped. See Fig. 5.

It would have been obvious to an artisan of ordinary skill before the effective filing date for the upper buckle 23 of Turconi to be curved as taught by Rolfes. A skilled artisan would have been motivated to do so because Rolfes teaches that the arcuate shaped support 90 conforms to the natural curvature of the thigh (Col. 4, Lns. 9-21) which would provide a better fit for a wearer at the waist as well. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Turconi in view of Sano and Rolfes discloses (f) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user's waist (Upper buckle 23 of Turconi is a curved, rigid plate that extends circumferentially beyond the upper part of rod 18’ and is configured to extend around a portion of the user’s waist.).

Turconi in view of Sano and Rolfes does not disclose (h) a thermal bag, with said thermal bag having an outward facing hook panel, said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation.

Turconi does disclose a thermal transfer bag (cryotherapeutic gel bag [0032]) including a sealed interior volume (gel bag [0032] means there is a sealed interior volume) containing a heat transfer media (cooling gel [0032] wherein this is heat transfer media as a gel bag cooling element causes heat transfer into the bag). Also, Turconi further discloses the gel bag may be placed into an inner side pocket 25 [0032].

Furthermore, Jacobs teaches an analogous panel assembly 10 wherein the inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030].
Jacobs teaches an analogous thermal transfer bag 110 (See Figure 4, [0025]) wherein a plurality of thermal transfer bags 110 may be used (Figure 4 and [0029-0030]) and placed on the interior side of an analogous panel assembly 10. The inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030].
Jacobs teaches that the inner side of the panel assembly may be entirely provided/covered with loop material [0025, 0028] to function with hook material on the outward facing surface of the thermal bag 110 [0029-0030] wherein this allows the thermal bag 110 to be repositioned easily to a desired body area [0008] and as seen in Figures 3-5B the construction of the hook and loop enables the user to place each bag in any desired position and orientation on said inward facing surface of said panel assembly.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel assembly (See Annotated Figure 3) and thermal bag (cryotherapeutic gel bag [0032]) of the orthotic taught by Turconi in view of Kloecker and Lowe to have accompanying hook and loop material (entire inner side of panel assembly provided with loop material, Jacobs [0028], and outward facing side of thermal bag with hook material) as taught by Jacobs as this is an alternative way of providing a removable thermal bag (wherein Jacobs discloses the thermal bag being able to removably placed into a pocket 25 [0032]) that provides the user with the ability to position the thermal therapy to a desired position (Jacobs [0008]), and to have further provided a plurality of thermal bags 110 (Jacobs [0029-0030]) in order to enable a larger and more customizable area of thermal treatment to the user.

As a result, Turconi in view of Sano, Rolfes and Jacobs discloses (h) a thermal bag, with said thermal bag having an outward facing hook panel, said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation (The panel assembly and cryotherapeutic gel bag of the orthotic taught by Turconi in view of Kloecker and Lowe have accompanying hook and loop material on the entire inner side of panel assembly provided in view of Jacobs, and hook and loop material on the outward facing side of cryotherapeutic gel bag with hook material as taught by Jacobs which allows the cryotherapeutic gel bag to be positioned in any location or orientation on the inner side of the panel assembly.).

Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941) and Jacobs (US 20190298565)  as applied to claim 11 above, and further in view of Lebl (US 20100083422).

Regarding claim 12, Turconi in view of Rolfes, Sano and Jacobs discloses the hip orthotic as recited in claim 11, [wherein] said upper plate having a lower edge extending laterally beyond said upper link on a first side of said upper link (Upper buckle 23 of Turconi is a curved, rigid plate ([0038]) that extends circumferentially beyond the upper part of rod 18’ and around a portion of the user’s waist on both sides of the upper part of rod 18’.).

Turconi in view of Rolfes, Sano and Jacobs does not disclose a first hook tab connected to said bottom of said upper plate cover, said first hook tab having a first hook panel facing inward toward said waist panel; said waist panel having an outward facing surface including loop material proximate said pocket formed between said waist panel and said upper plate cover; and said upper plate secured within said pocket by said hook panel on said first hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said first side of said upper link.

However, Lebl discloses a garment with a removable pocket comprising a pocket 12 which is analogous to an upper plate cover. The pocket 12 further comprises hook and loop strips 16a, 16b which are interpreted as hook tabs. See Fig. 1C and [0016]. One of the hook strips 16a is interpreted as the first hook tab and is connected to the bottom of the pocket 12. See the annotated figure below.

It would have been obvious to an artisan of ordinary skill before the effective filing date to add a first and second hook tab to the inner bottom of the receiver portion of Turconi in view of Sano and to have corresponding loop material attached to the waist panel of Turconi as taught by Lebl. A skilled artisan would have been motivated to do so because Lebl teaches that the hook and loop material allows the pocket to by selectively removable ([0016]). A skilled artisan would have a reasonable expectation of success given that the reference is drawn to innovations in pockets and the present invention is claiming an analogous pocket.

As a result of the combination, Turconi in view of Rolfes, Sano, Jacobs and Lebl discloses a first hook tab connected to said bottom of said upper plate cover (One of the hook strips 16a is interpreted as the first hook tab and is connected to the bottom of the receiver portion.), 
said first hook tab having a first hook panel facing inward toward said waist panel (The hook strip 16a interpreted as the first hook tab has a first hook panel facing inward toward the user which is towards the waist panel of Turconi.); 
said waist panel having an outward facing surface including loop material proximate said pocket formed between said waist panel and said upper plate cover (One of the loop strips 16b is interpreted as a loop material proximate said pocket formed between said waist panel of Turconi and said receiver portion. See the annotated figure below.); and 
said upper plate secured within said pocket by said hook panel on said first hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said first side of said upper link (The hook strip 16a interpreted as the first hook tab attaches to the loop strip 16b interpreted as the corresponding loop material on the waist panel of Turconi. The strips 16a, 16b secure the pocket so that anything within the pocket is secured to the waist panel of Turconi and the upper buckle 23 is fully secured within the pocket so the strips 16a, 16b secure the pocket below the lower end of the buckle 23.).

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Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941), Jacobs (US 20190298565) and Lebl (US 20100083422) as applied to claim 12 above.

Regarding claim 13, Turconi in view of Sano, Rolfes, Jacobs and Lebl discloses the hip orthotic as recited in claim 12, further comprising: a second hook tab connected to said bottom of said upper plate cover (One of the hook strips 16a is interpreted as the second hook tab and is connected to the bottom of the receiver portion.),
said second hook tab having a second hook panel facing inward toward said waist panel (The hook strip 16a interpreted as the second hook tab has a second hook panel facing inward toward the user which is towards the waist panel of Turconi.);
said lower edge of said upper plate extending laterally beyond said upper link on a second side of said upper link (Upper buckle 23 of Turconi is a curved, rigid plate ([0038]) that extends circumferentially beyond the upper part of rod 18’ and around a portion of the user’s waist on both sides of the upper part of rod 18’.); and
said upper plate secured within said pocket by said second hook panel on said second hook tab attaching to said loop material on said waist panel below said lower end of said upper plate on said second side of said upper link (The hook strip 16a interpreted as the second hook tab attaches to the loop strip 16b interpreted as the corresponding loop material on the waist panel of Turconi. The strips 16a, 16b secure the pocket so that anything within the pocket is secured to the waist panel of Turconi and the upper buckle 23 is fully secured within the pocket so the strips 16a, 16b secure the pocket below the lower end of the buckle 23.).

Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941) and Jacobs (US 20190298565) as applied to claim 11 above, and further in view of Lerman (US 6540703).

Regarding claim 14, Turconi in view of Sano, Rolfes and Jacobs discloses the invention of claim 11 above.
Turconi does disclose a lower thigh strap 24b connected to the lower plate 23L (lower buckle 23) (See Figure 6C and [0031]), said lower thigh strap 24b configured to encircle said thigh of said user below a position of said upper thigh strap 14b (Fig. 6C).

Turconi in view of Sano, Rolfes and Jacobs does not disclose (a) a slide body slidably attached to said lower link of said brace assembly; (b) a lower thigh strap attached to said slide body.

However, Lerman teaches an analogous hip brace (See Figure 1, see title where this is a post-operative hip abduction orthosis, then see Turconi [0008] which is the same goal/function) with an analogous brace assembly (See Figure 2) with an analogous pivot connection 60, upper link 56, lower link 58, and analogous lower plate 82 which acts as the connection between lower link 58 and analogous thigh panel 40 (See Figures 2 and 8-9), wherein lower link 58 has elongated slots 66 (See Figure 8) and fasteners 68 permit free sliding connection between the lower link 58 and lower plate 82 over the defined length of the elongated slot 66 (defined range of motion) to allow adjustment of the brace to a desired position for best functionality (See Col. 4 line 62 - Col. 5 line 9), wherein then the lower plate 82 may be regarded as a slide body as it slides in relation to the lower link 58, and further wherein said slide body 82 is configured to translate along said lower link 58 while a slide release 68 is actuated (Col. 4 line 62 - Col. 5 line 9, 68 is untightened via user thus allowing slide motion, see httgs://wwvv.merriam-webster.com/dictionary/actuate, wherein untightening is a form of mechanical motion) and lock in position when said slide release 68 is released (Col. 4 line 62 - Col. 5 line 9, when retightened by user, the user lets go of release 69 thus releasing it).
Additionally, Lerman teaches a fastener 68, which is interpreted as a slide release, that places lower plate 82, which is interpreted as a slide body, in a free sliding state when actuated and a fixed state when released. The actuated state is interpreted as when the fastener is loosened and the released state is when the fastener is left resting.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection between the lower link (See Annotated Figure 6C) and lower plate 23L of Turconi to be a sliding adjustment connection as taught by Lerman above to allow adjustment of the brace to a desired position for best functionality (See Lerman Col. 4 line 62 – Col. 5 line 9), wherein this makes the lower plate 23L a slide body which is connected to a thigh strap 24b (See Turconi Figure 6C and [0031]).

As a result, Turconi in view of Sano, Rolfes, Jacobs and Lerman discloses (a) a slide body slidably attached to said lower link of said brace assembly (The connection between the lower link and lower plate 23L of Turconi is a sliding adjustment connection as taught by Lerman.); 
(b) a lower thigh strap attached to said slide body (The lower plate 23L is a slide body which is connected to a thigh strap 24b.).

Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941), Jacobs (US 20190298565) and Lerman (US 6540703) as applied to claim 14 above, and further in view of Smith (US 5857989).

Regarding claim 15, Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lerman discloses the hip orthotic as recited in claim 14.

Turconi in view of Kloecker, Lowe, Jacobs, Sano, Rolfes and Lerman does not disclose wherein said connection between said upper plate and said upper link is a permanently affixed free sliding connection configured to allow said upper plate to freely slide along said upper link over a defined range of motion while said hip orthotic is installed on said user and in use by said user.

However, Smith discloses a slidable connection between two components of an orthopedic knee brace assembly. A lateral depending portion 95 is slidably affixed to a strap guide assembly 145a by a rivet assembly 147 that enables the strap guide assembly 145a to slidably move within a slot 140. See Figs. 1, 3 and 4, as well as Col. 5, Lns. 7-20. The lateral depending portion 95 is interpreted as being analogous to the upper link of Turconi and the strap guide assembly 145a is interpreted as being analogous to the upper plate 23U of Turconi.

Therefore, it would have been obvious to an artisan of ordinary skill before the effective filing date to modify the upper plate 23U to be affixed to the upper link in a slidable manner by disposing a slot on the upper link and inserting a rivet assembly through the upper plate 23U and the slot as taught by Smith.  A skilled artisan would have been motivated to do so because Smith teaches that the slidable connection allows for the strap guide assembly to be adjusted between two extremes (Col. 5, Lns. 7-20) which allows a user to adjust the position of the strap guide assembly. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to leg braces with straps.

As a result of the combination, Turconi in view of Sano, Rolfes, Jacobs, Lerman and Smith discloses wherein said connection between said upper plate and said upper link is a permanently affixed free sliding connection configured to allow said upper plate to freely slide along said upper link over a defined range of motion while said hip orthotic is installed on said user and in use by said user (The upper plate 23U is slidably affixed to the upper link by a rivet assembly passing through a slot on the upper link. The slidable connection is capable of performing the intended use of allowing said upper plate 23U to freely slide along said upper link over a defined range of motion while said device of Turconi is installed on said user and in use by said user. The rivet assembly is interpreted as a permanently affixed connection as rivet are generally known in the art to be permanent fasteners. In addition, applicant uses rivets to form a permanent connection.).

Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941) and Jacobs (US 20190298565) as applied to claim 11 above, and further in view of Schwenn (US 20050283102).

Regarding claim 16, Turconi in view of Sano, Rolfes and Jacobs discloses the invention of claim 11 above.
Turconi discloses a) a first snap together coupler 16 (on strap 14a) (see Figure 3 and [0021] wherein this is “quick hooking means 16” which may be Velcro clamping the waist strap 14a as shown in Figure 6A, wherein this can be called a snap together coupler as “snap” means “quick”, see https://www.dictionary.com/browse/snap, and this couples the waist strap 14a) configured to allow said waist strap 14a to be easily connected (see [0021] and Figures 1-3). 

Turconi in view of Sano, Rolfes and Jacobs does not disclose wherein said waist strap includes: (b) a first sheave assembly connected to said waist panel; (c) a second sheave assembly connected to said waist strap; and (d) a first cord running through said first and second sheave assemblies and connected to a first adjustment tab.

However, Schwenn teaches an analogous hip orthosis (See Figures 1-2, Title) with an analogous waist panel 12 (See Figure 3, [0043]) and analogous waist strap 14 (See Figure 3, [0043]) which are connected by a block-and-tackle 16 (closure unit 16) (See Figure 3, [0043]) in order to provide compressive force and ensure the analogous brace assembly 94 has a stable anchor point [0044] wherein this is formed by providing a first sheave assembly 18 connected to the waist panel 12 (See Figures 3 and 9-10) and a second sheave assembly 20 connected to the waist strap 14 (See Figures 3 and 9-10) which are connected with a first cord 40 (See Figures 9-10, [0046]) running through the first and second sheave assemblies 18 and 20 (See Figures 9-10) and connected to a first adjustment tab 48/41 (see [0047, 0049] and Figures 3 and 9-10).

Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the waist panel (See Annotated Figure 3) and waist strap 14a of Turconi to be connected by a block-and-tackle 16 as taught by Schwenn in order to provide compressive force to ensure the brace assembly 18’ has a stable anchor point on the waist (Schwenn [0044]).

As a result, Turconi in view of Sano, Rolfes, Jacobs and Schwenn discloses wherein said waist strap includes: (b) a first sheave assembly connected to said waist panel (Waist strap 14a includes a first sheave assembly 18 of Schwenn connected to the waist panel of Turconi.); 
(c) a second sheave assembly connected to said waist strap (Waist strap 14a includes a second sheave assembly 20 of Schwenn connected to the waist panel of Turconi.); and 
(d) a first cord running through said first and second sheave assemblies and connected to a first adjustment tab (Waist strap 14a includes a first cord 40 running through the first and second sheave assemblies 18 and 20 and connected to a first adjustment tab 48/41.).

Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941), Jacobs (US 20190298565) and Schwenn (US 20050283102) as applied to claim 16 above.

Regarding claim 17, Turconi in view of Sano, Rolfes, Jacobs and Schwenn discloses the invention of claim 16 above.
Schwenn further teaches wherein said first sheave assembly 18, said second sheave assembly 20, and said adjustment tab 48/41 combine to form a first block-and-tackle 16 providing a mechanical advantage for increasing a tension on said waist strap 14a (See Schwenn [0049] wherein the adjustment tab 41 is pulled to create tension which creates compressive force).

Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941), Jacobs (US 20190298565) and Schwenn (US 20050283102) as applied to claim 17 above.

Regarding claim 18, Turconi in view of Sano, Rolfes, Jacobs and Schwenn discloses the invention of claim 17 above.

Turconi in view of Sano, Rolfes and Jacobs does not disclose a third sheave assembly connected to said thigh panel; a fourth sheave assembly connected to said upper thigh strap; and a second cord running through said third and fourth assemblies and connected to a second adjustment tab.

However, Schwenn does further teach that such compressive forces on the thigh would also be useful to provide a second stable anchor point for the analogous brace assembly 94 [0044] wherein it would be obvious to also then provide a second block-and-tackle 16 (closure unit 16) between the analogous thigh panel 62 and analogous thigh strap 92.

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided a second block-and-tackle 16-2 as taught by Schwenn between the thigh strap 14b and thigh panel (See Annotated Figure 3) of Turconi to provide further compressive forces on the thigh to make a stable anchor point for the brace assembly 18’ (See Schwenn [0044]) wherein this second block-and-tackle 16-2 would comprise a third sheave assembly 18-2 connected to the thigh panel, a fourth sheave assembly 20-2 connected to the upper thigh strap 14b, and a second cord 40-2 running through those third and fourth sheave assemblies (18-2 and 20-2) connected to a second adjustment tab 48/41-2 (See Schwenn Figures 3 and 9-10).

As a result, Turconi in view of Sano, Rolfes, Jacobs and Schwenn discloses a third sheave assembly connected to said thigh panel (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a third sheave assembly 18-2 connected to the thigh panel.); 
a fourth sheave assembly connected to said upper thigh strap (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a fourth sheave assembly 20-2 connected to the upper thigh strap 14b.); and 
a second cord running through said third and fourth assemblies and connected to a second adjustment tab (A second block-and-tackle 16-2 as taught by Schwenn is provided which includes a second cord 40-2 running through those third and fourth sheave assemblies.).

Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Turconi (US 20170216076) in view of Sano (US 20150313786), Rolfes (US 4481941), Jacobs (US 20190298565) and Schwenn (US 20050283102) as applied to claim 18 above.

Regarding claim 19, Turconi in view of Sano, Rolfes, Jacobs and Schwenn discloses the invention of claim 18 above.
Schwenn further teaches that said third sheave assembly 18-2, said fourth sheave assembly 20-2, and said second adjustment tab 48/41-2 combine to form a second block-and-tackle 16-2 providing a mechanical advantage for increasing a tension on said upper thigh strap (See Schwenn [0049] wherein the adjustment tab 41 is pulled to create tension which creates compressive force).

Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA  as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). 
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.

Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-7 of copending Application No. 18/214,778 in view of Turconi, Kloecker, Sano and Rolfes. 

Regarding claim 1, copending Application No. 18/214,778 discloses a hip orthotic configured to attach to a user's lateral waist, hip, and lateral thigh (Claim 6: “A hip orthotic configured to attach to a user's lateral waist, hip, and lateral thigh”), comprising:
(a) a waist panel configured to lie over said user's lateral waist (Claim 6: “a waist panel configured to lie over said user's lateral waist”);
(b) a thigh panel configured to lie over said user's lateral thigh (Claim 6: “a thigh panel configured to lie over said user's lateral thigh”);
(e) a waist strap configured to encircle said waist of said user and secure said waist panel to said user (Claim 6: “a waist strap configured to encircle said waist of said user and secure said waist panel to said user”);
(f) an upper thigh strap configured to encircle said thigh of said user and secure said thigh panel to said user (Claim 6: “a thigh strap configured to encircle said thigh of said user and secure said thigh panel to said user”);
(h) said panel assembly having an inward facing surface covered entirely in loop material (Claim 7: “wherein said panel assembly has an inward facing side with a loop covering”);
(i) a thermal bag, with said thermal bag having an outward facing hook panel, said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation (Claim 7: “a thermal transfer bag configured to attach to said loop covering on said inward facing side of said panel assembly”);
(k) a brace assembly removably attached to said panel assembly, including an upper link (Claim 6: “an upper link”), a lower link (Claim 6: “a lower link”), a pivot mechanism pivotally connecting said upper link to said lower link (Claim 6: “a pivot mechanism between said upper link and said lower link”), an upper plate connected to said upper link (Claim 6: “an offset bracket connected to said upper plate”; “thereby positively locating said upper link with respect to said offset bracket”), and a lower plate connected to said lower link (Claim 6: “thereby positively locating said lower link with respect to said lower plate”). 

Copending Application No. 18/214,778 does not disclose (c) a central web between said waist panel and said thigh panel configured to lie over said user's hip, said waist panel, thigh panel, and central web in combination forming a panel assembly;
(d) a soft fabric upper plate cover having a top, a first side, a second side, and a bottom, with said top, said first side, and said second side being attached to said waist panel and said bottom being open, thereby providing a pocket formed between said waist panel and said upper plate cover;
(g) said panel assembly including an inflatable air bladder extending through said waist panel, said thigh panel, and said central web configured to allow said user to selectively inflate and deflate said air bladder in order to regulate a pressure applied by said panel assembly to said user's said lateral waist, said lateral thigh, and said hip;
(j) wherein said air bladder is configured to be selectively inflated to adjustably compress said thermal bag against said user; 
(l) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user's waist; 
(m) said lower plate being a curved rigid plate that extends circumferentially beyond said lower link and is configured to extend around a portion of said user's thigh; and 
(n) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover.

Turconi discloses a central web between said waist panel and said thigh panel (See Annotated Figure 3) configured to lie over said user’s hip (See Figure 6C in accordance with Annotated Figure 3 wherein this central web lies over the user’s hip), said waist panel, thigh panel, and central web in combination forming a panel assembly 10 (See Annotated Figure 3). 

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Therefore, It would have been obvious to an artisan of ordinary skill before the effective filing date to add a central web to the Copending Application No. 18/214,778 in view of Turconi.  A skilled artisan would have been motivated to do so because Turconi teaches that the central web is soft and flexible and connects the components of the brace together ([0023]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip orthotics.  

As a result, Copending Application No. 18/214,778 in view of Turconi dsicloses a central web between said waist panel and said thigh panel configured to lie over said user’s hip, said waist panel, thigh panel, and central web in combination forming a panel assembly 10 (Claim 6 in view of Turconi).

Kloecker teaches an analogous waist/hip/thigh garment G3 with an analogous thigh portion/panel 20 (See Figures 7-8 and [0108]) and analogous waist portion/panel 17 (See Figures 7-8 and [0108]) for treating edema in the hip, thigh, and waist (see [0108]) (wherein the garment G3 is of the same construction as the garments G2 and G1 of Figures 3-8) wherein this garment of Kloecker contains an inflatable bladder 4 (segments pockets of inflatable air 4 [0100]) which is configured to allow said user to selectively inflate and deflate (and thus being able to adjustably compress against the user) said air bladder 4 in order to regulate a pressure applied to the waist, thigh, and hip (see [0101, 0106] valves 10 permit the user to selectively deflate and inflate the inflatable bladders 4).

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the panel assembly of Copending Application No. 18/214,778 to be entirely provided with the segmented inflatable bladder 4 of the garment G3 of Kloecker (thus causing the entire panel assembly to have an inflatable bladder 4) to further treat edema in the waist, thigh, and hip of the user (See Kloecker [0108]), such that as inflatable bladder 4 is providing compression to the leg as combined the inflatable bladder 4 is capable of, and thus configured to, compress the thermal bags (cryotherapeutic gel bag [0032]) provided on the interior side pocket 25 (see [0032]) against the user.

As a result, Copending Application No. 18/214,778 in view of Turconi and Kloecker discloses (g) said panel assembly including an inflatable air bladder extending through said, waist panel, said thigh panel, and said central web configured to allow said user to selectively inflate and deflate said air bladder in order to regulate a pressure applied by said panel assembly to said user's said lateral waist, said lateral thigh, and said hip (The inflatable bladder 4 of Kloecker extends through the panel assembly of Copending Application No. 18/214,778 and is capable of being inflated to provide compression.).

Lowe teaches an analogous air bladder 208 (Figure 2D and [0066-0067]) as a compressive element and an analogous thermal bag 206 (Figure 2D and [0066] wherein this a heat exchanger 206, see [0068] wherein the heat exchanger 206 may be in the form of a bladder which is a bag) placed against the user 102 (See Figure 2D) wherein the analogous air bladder 208 is used to apply a compressive force (compression) to the analogous thermal bag 206 (see [0067-0068]) wherein performing this function improves the heat exchange the body receives from the thermal bag 206 (see [0068]) which aids in treating edema (see [0068]) and overall improves healing and health of the body part (see [0004]).

Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have added the air bladder of Lowe to the Copending Application No. 18/214,778 to compress the interior thermal bag of Copending Application No. 18/214,778  against the user as taught by Lowe in order to improve the heat exchange the body receives from the thermal bag (Lowe [0068]) which aids in treating edema (see Lowe [0068]) and overall improves healing and health of the body part (see Lowe [0004]).

As a result, Copending Application No. 18/214,778 in view of Turconi, Kloecker and Lowe (j) discloses wherein said air bladder is configured to be selectively inflated to adjustably compress said thermal bag against said user (The air bladder of Lowe compresses the thermal bag of Copending Application No. 18/214,778 against the user as taught by Lowe in order to improve the heat exchange the body receives from the thermal bag.).

Sano discloses a walking assistance device comprising a main body 21 which is analogous to a waist panel and a mount plate 60 which is analogous to an upper plate. Receiver portion 23 is interpreted as an upper plate cover and includes a top, first side, second side, and an open bottom forming a pocket-like shape. See Fig. 2 and [0056].

It would have been obvious to an artisan of ordinary skill before the effective filing date to add an upper plate cover to the waist panel of Copending Application No. 18/214,778 as taught by Sano to encapsulate the entire upper plate of Copending Application No. 18/214,778. A skilled artisan would have been motivated to do so because Sano teaches that the receiver portion 23 allows for the mount plate 60 to be attached and adjusted within the receiver portion so as to transmit force to the belt while moving ([0058] and [0102]) and by encapsulating the entire upper plate of Copending Application No. 18/214,778, the buckle is better secured in the receiver portion. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Copending Application No. 18/214,778 in view of Turconi, Kloecker, Lowe and Sano discloses (d) a soft fabric upper plate cover having a top, a first side, a second side, and a bottom, with said top, said first side, and said second side being attached to said waist panel and said bottom being open, thereby providing a pocket formed between said waist panel and said upper plate cover (Copending Application No. 18/214,778 comprises a receiver portion made from the material of Sano which is a soft fabric and the receiver portion comprises a top, first side, second side, and an open bottom forming a pocket-like shape for receiving the entire upper plate of Copending Application No. 18/214,778.).

As a further result of the combination, Copending Application No. 18/214,778 in view of Turconi, Kloecker, Lowe and Sano discloses (n) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover (Copending Application No. 18/214,778 comprises the upper plate which slides into the receiver portion added to the waist panel of Copending Application No. 18/214,778.).

However, Rolfes discloses a universal hip stabilization device comprising a lower brace extension 32 which is analogous to a link and a support 90 which is analogous to a plate. The support 90 is arcuate shaped. See Fig. 5.

It would have been obvious to an artisan of ordinary skill before the effective filing date for the upper link of Copending Application No. 18/214,778 to be curved as taught by Rolfes. A skilled artisan would have been motivated to do so because Rolfes teaches that the arcuate shaped support 90 conforms to the natural curvature of the thigh (Col. 4, Lns. 9-21) which would provide a better fit for a wearer at the waist as well. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Copending Application No. 18/214,778 in view of Turconi, Kloecker, Lowe Sano and Rolfes discloses (l) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user’s waist (Upper plate of Copending Application No. 18/214,778 is a curved, rigid plate that extends circumferentially beyond the upper link and is configured to extend around a portion of the user’s waist.); 
(m) said lower plate being a curved rigid pate that extends circumferentially beyond said lower link and is configured to extend around a portion of said user’s thigh (Lower plate of Copending Application No. 18/214,778 is a curved, rigid plate that extends circumferentially beyond the lower link and is configured to extend around a portion of the user’s thigh.).

Claim 11 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 6-8 of copending Application No. 18/214,778 in view of Turconi, Sano and Rolfes.

Regarding claim 11, copending Application No. 18/214,778 discloses a hip orthotic configured to attach to a user's lateral waist, lateral hip area, and lateral thigh (Claim 6: “A hip orthotic configured to attach to a user's lateral waist, hip, and lateral thigh”), comprising:
(a) a panel assembly configured to cover said user's lateral waist, lateral hip area and lateral thigh, said panel assembly including a waist panel (Claim 6: “a waist panel configured to lie over said user's lateral waist”), a thigh panel (Claim 6: “a thigh panel configured to lie over said user's lateral thigh”), said panel assembly having an inward facing surface covered entirely in loop material (Claim 7: “said loop covering on said inward facing side of said panel assembly”);
(b) a waist strap configured to encircle said waist of said user and secure said panel assembly to said user (Claim 6: “a waist strap configured to encircle said waist of said user and secure said waist panel to said user”); 
(c) an upper thigh strap configured to encircle said thigh of said user and secure said panel assembly to said user (Claim 6: “a thigh strap configured to encircle said thigh of said user and secure said thigh panel to said user”); 
(e) a brace assembly (Claim 6: “a brace assembly”) removably attached to said panel assembly, including an upper link (Claim 6: ” an upper link”), a lower link (Claim 6: “a lower link”), a pivot mechanism pivotally connecting said upper link to said lower link (Claim 6: “a pivot mechanism between said upper link and said lower link”), and an upper plate (Claim 6: “an upper plate”) connected to said upper link (Claim 6: “an offset bracket connected to said upper plate”; “thereby positively locating said upper link with respect to said offset bracket”); 
(h) a thermal bag (Claim 7: “a thermal transfer bag”), with said thermal bag having an outward facing hook panel (Claim 7: “an outward facing surface having a hook panel”), said thermal bag being affixed by said hook panel to said inward facing surface of said panel assembly and being thereby positioned against said inward facing surface of said panel assembly and against said user in any desired location and orientation (Claim 7: “an outward facing surface having a hook panel configured to engage said loop covering on said inward facing side of said panel assembly”).


Copending Application No. 18/214,778 does not disclose a central web connecting said waist panel and said thigh panel,
(d) a soft fabric upper plate cover attached to said waist panel and having an open bottom, thereby providing a pocket formed between said waist panel and said upper plate cover; 
(f) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user's waist; and 
(g) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover.

Turconi discloses a central web between said waist panel and said thigh panel (See Annotated Figure 3) configured to lie over said user’s hip (See Figure 6C in accordance with Annotated Figure 3 wherein this central web lies over the user’s hip), said waist panel, thigh panel, and central web in combination forming a panel assembly 10 (See Annotated Figure 3). 

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Therefore, It would have been obvious to an artisan of ordinary skill before the effective filing date to add a central web to the Copending Application No. 18/214,778 in view of Turconi.  A skilled artisan would have been motivated to do so because Turconi teaches that the central web is soft and flexible and connects the components of the brace together ([0023]). A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip orthotics.  

As a result, Copending Application No. 18/214,778 in view of Turconi discloses a central web connecting said waist panel and said thigh panel (Claim 6 in view of Turconi).

Sano discloses a walking assistance device comprising a main body 21 which is analogous to a waist panel and a mount plate 60 which is analogous to an upper plate. Receiver portion 23 is interpreted as an upper plate cover and includes a top, first side, second side, and an open bottom forming a pocket-like shape. See Fig. 2 and [0056].

It would have been obvious to an artisan of ordinary skill before the effective filing date to add an upper plate cover to the waist panel of Copending Application No. 18/214,778  as taught by Sano to encapsulate the entire upper plate of Copending Application No. 18/214,778. A skilled artisan would have been motivated to do so because Sano teaches that the receiver portion 23 allows for the mount plate 60 to be attached and adjusted within the receiver portion so as to transmit force to the belt while moving ([0058] and [0102]) and by encapsulating the entire upper buckle 23 of Turconi, the buckle is better secured in the receiver portion. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Copending Application No. 18/214,778 in view of Turconi and Sano discloses (d) a soft fabric upper plate cover attached to said waist panel and having an open bottom, thereby providing a pocket formed between said waist panel and said upper plate cover (Copending Application No. 18/214,778 comprises a receiver portion made from the material of Sano which is a soft fabric and the receiver portion comprises a top, first side, second side, and an open bottom forming a pocket-like shape for receiving the entire upper plate of Copending Application No. 18/214,778.).

As a further result of the combination, Copending Application No. 18/214,778 in view of Turconi and Sano discloses (g) wherein said brace assembly is attached to said panel assembly in part by sliding said upper plate into said pocket formed between said waist panel and said upper plate cover (Copending Application No. 18/214,778 in view of Sano comprises the upper plate which slides into the receiver portion added to the waist panel of Copending Application No. 18/214,778.).

Rolfes discloses a universal hip stabilization device comprising a lower brace extension 32 which is analogous to a link and a support 90 which is analogous to a plate. The support 90 is arcuate shaped. See Fig. 5.

It would have been obvious to an artisan of ordinary skill before the effective filing date for the upper plate of Copending Application No. 18/214,778  to be curved as taught by Rolfes. A skilled artisan would have been motivated to do so because Rolfes teaches that the arcuate shaped support 90 conforms to the natural curvature of the thigh (Col. 4, Lns. 9-21) which would provide a better fit for a wearer at the waist as well. A skilled artisan would have a reasonable expectation of success given that all references are analogous and drawn to hip supporting devices.

As a result, Copending Application No. 18/214,778 in view of Turconi, Kloecker, Lowe, Jacobs, Sano and Rolfes discloses (f) said upper plate being a curved rigid plate that extends circumferentially beyond said upper link and is configured to extend around a portion of said user's waist (Upper plate of Copending Application No. 18/214,778 is a curved, rigid plate that extends circumferentially beyond the upper link and is configured to extend around a portion of the user’s waist.).
 
Conclusion
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/SETH R. BROWN/Examiner, Art Unit 3786                                                                                                                                                                                                        

/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786