DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/27/2026 has been entered.
Response to Amendment
Applicant’s amendments to claims 13, 24, and 29 filed on 03/27/2026 are acknowledged by the examiner.
Claims 1-12, 14-17, 21-22, 26-27, and 30-32 remain cancelled.
Claims 13, 18-20, 23-25, 28-29, and 33-45 are currently pending and are under examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 13, 18-20, 23-25, 28, 29, and 33-45 have been considered but are moot because the new ground of rejection.
In light of the amendments to the claims regarding the attachment lines, a new prior art reference is introduced and thus the arguments regarding Grange ’464 regarding the attachment lines are moot.
Thorneberg and Goldman are no longer disclosed in this office action, and therefore, the arguments regarding Thorneburg and Goldman are moot.
Applicant's arguments filed 03/27/2025 have been fully considered but they are not persuasive.
Applicant’s argument: It would not have been obvious to modify Cox in view of Grange 464 because the references constitute non-analogous art. Grange 464 is intended to provide structural support and stabilization of a joint and is not analogous to an adhesive bandage used for wound treatment. By contrast, the bandage of Cox is used to cover and protect a wound and to minimize scar formation. Furthermore the proposed modification would render Cox unsatisfactory for its intended purpose. Neither Cox nor Grange 464 teaches or suggests that stiffness should be added to a wound-treatment bandage for this purpose. Incorporating the stiffening structure of Grange 464 into the bandage of Cox would therefore undermine the function of Cox and render it unsuitable for its intended purpose.
Examiner’s response: In response to applicant's argument that Cox and Grange ‘464 is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Cox and Grange ‘464 are both analogous prior art references as they are both in the field of the inventor’s endeavor. Further, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, modifying Cox with Grange ‘464 would provide to reduce irritation to the skin of a user and is knowledge generally available to one of ordinary skill in the art.
Applicant’s argument: Rapp is non-analogous and fails to cure the deficiency of a first tape segment having more stiffness than a second tape segment. Rapp is directed to a fundamentally different type of device and is therefore non-analogous. Rapp discloses a pressure-sensing compression bandage while Cox is directed to a wound-treatment bandage. Even if Rapp were considered analogous, it still fails to disclose or suggest the claimed feature. The claim requires a first tape segment that includes the pad and has a higher longitudinal stiffness than a second tape segment distinct from the first tape segment. Rapp does not disclose or suggest this structure. Instead, Rapp addresses a different problem altogether, namely, generating graded compression along a limb.
Examiner’s response: In response to applicant's argument that Rapp and Cox are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Rapp and Cox are both in the field of the inventor’s endeavor and thus are considered analogous art. Further, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Cox is the primary reference and already teaches a first tape segment with a pad and a second tape segment, and Rapp teaches different elastic segments with differing longitudinal stiffnesses, and thus modifying the elastic fabric of the first tape segment of Cox to have a higher longitudinal stiffness than the second tape segment of Cox still results in the first tape segment with the pad having a higher longitudinal stiffness than the second tape segment without the pad.
Applicant’s argument: Grange is non-analogous art, as Grange is directed to a protective sleeve worn over a limb. By contrast, Cox is directed to a small wound-treatment bandage. Grange does not disclose manintaining local elongations after traction forces are removed. Grange does not disclose different tape segments producing different compression. The claimed pad has a thinner viscoelastic layer for adhesion and not for thick shock absorption like Grange. Reducing from1 mm down to 0.3mm or up to 1 mm is not a trivial matter because it changes mechanical properties from shock absorption to localized compression adherence. Absent an explicit impetus to alter Grange’s shock-absorber arrangement into a partial attachment compression device, the cited combination is hindsight driven.
Examiner’s response: In response to applicant's argument that Grange and Cox are nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Cox and Grange are still considered analogous art as they are in the field of the inventor’s endeavor and is reasonably pertinent to the particular problem with which the inventor was concerned. Further, Grange is no longer disclosed as teaching maintaining local elongations and different tape segments producing different compression, therefore, these arguments are moot. Grange is only disclosed in this reference to teach the thickness of the viscoelastic material. The claimed range of thickness for the viscoelastic material is 0.3mm to 1mm, and Grange discloses the viscoelastic material to be at least 1 mm, and therefore, this overlap in thickness still reads on the claims. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP 2144.05 I. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Grange is also disclosed as a teaching reference, and thus Grange is not being modified in any way, therefore, the arguments regarding altering Grange’s shock-absorber arrangement into a partial-attachment compression device is moot.
Applicant’s argument: Goldstein fails to disclose or render obvious applying different traction forces to first and second tape segments as claimed. Goldstein merely describes wrapping a bandage around a body part while applying tension to ensure a proper fit. There is no disclosure of two distinct tape segments to which different traction forces are intentionally applied. The bandage is a continuous strip. Tension is applied generally during wrapping. Any variation in tension is incidental and user-dependent. Goldstein relies on user-applied tension, not structural differentiation between segments. Goldstein does not define segments with different mechanical properties. Even if Goldstein were combined with Cox and the other applied references, there is no articulated reasoning as to why a person of ordinary skill in the art would (i) divide a bandage into distinct segments, (ii) apply different traction forces to those segments, and (iii) rely on adhesion to maintain different elongations after removal of the traction forces. Thus, Goldstein provides no teaching or suggestion of this mechanism.
Examiner’s response: Although Goldstein discloses a continuous strip, Goldstein also still teaches two distinct tape segments, as the definition of segment is: one of the parts into which something naturally separates or is divided; a division, portion, or section, https://www.dictionary.com/browse/segment, and thus as annotated in the figure of Goldstein, there are two distinct portions or sections of the continuous strip to form a first segment and a second segment. Goldstein also explicitly discloses being able to apply more or less pressure when wrapping the bandage, and thus a traction force that is greater than a second traction force can be applied and thus still reads on the claim. This portion of the claim currently reads as applying a supporting or compressing device to body part while applying tension to ensure a proper fit. The structural differentiations between the segments and that being the cause to the different traction forces being applied is not being claimed in the claim. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, it would be obvious to one of ordinary skill in the art to apply different traction forces to distinct segments and to rely on adhesion to maintain different elongations after removal of the traction forces in order to ensure the compressing or supporting device is properly fitted to the user’s body part in a comfortable/necessary manner, and remains that way when the traction forces are removed such that the compressing or supporting device does not come undone.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 13, 18, 20, 25, 37, and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox et al. (referred to as “Cox”) (US 6,284,941 B1) in view of GRANGE (referred to as “GRANGE ‘464”) (US 2016/0206464 A1) in view of Scott (US 4,655,209) in view of Rapp et al. (referred to as “Rapp”) (US 2016/0242964 A1) in view of Grange (WO 2010/007243 A1) further in view of Holm (US 2010/0106121 A1).
Regarding claim 13, Cox discloses a supporting or compressing device (40) (see Fig. 1; bandage 40 is made from an elastic fabric material and thus may apply compression and supports a user’s wound/scar when placed on the skin of a user) comprising:
an elastic tape (42) configured to be wound around a limb or a joint of a user and on itself (see Fig. 1; definition of tape is “a narrow flexible strip or band,” https://www.merriam-webster.com/dictionary/tape, and thus elongated flexible member 42 is interpreted as an elastic tape as elongated flexible member 42 is made of an elastic material (see claims 6 and 7 and Col. 3 lines 12-17 where the flexible member 42 may be made from an elastic fabric) and is a narrow strip that is configured to be wrapped or wound around a limb or joint of a user and on itself, as for example bandage 40 is capable of being wrapped around a finger and then back on itself);
a pad (50) consisting of a layer of viscoelastic material (see Fig. 1 and Col. 3 lines 26-29; treatment pad 50 is a layer of silicone gel which is a viscoelastic material, as also stated in Applicant’s specification, see Pg. 8 lines 24-25 of Applicant’s specification), the pad (50) having two opposite longitudinal edges (see Annotated Fig. 1 and Col. 3 lines 3-6; the treatment pad 50 has two opposite longitudinal edges which is labeled as longitudinal ends in Annotated Fig. 1),
a first tape segment consisting of the pad (50) and a segment of the elastic tape (42) extending between the two opposite longitudinal edges of the pad (50) (see Annotated Fig. 1 of Cox; a first tape segment is labeled in Annotated Fig. 1 of Cox, which consists of treatment pad 50 and consists of a segment of the elongated flexible member 42 that extends between the two opposite longitudinal edges of treatment pad 50 which is also labeled in the annotated Fig. 1 as longitudinal ends);
a second tape segment distinct from the first tape segment (see Annotated Fig. 1 of Cox; a second tape segment is labeled in Annotated Fig. 1 of Cox, which is distinct from the first tape segment as this portion of bandage 40 does not include treatment pad 50 making it recognizably different/distinct from the first tape segment);
wherein:
the first tape segment has an outer face and an inner face opposite to the outer face configured to contact a skin of the user when the elastic tape (42) is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the first tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the surface of treatment pad 50 that is attached to flexible member 42 and thus is not shown in the figure, and the first tape segment has an opposite inner face which is the surface that is shown in Fig. 1 and is labeled in Annotated Fig. 1 of Cox that is configured to contact a skin of the user when elongated flexible member 42 is wound around the limb or joint of the user and on itself),
the second tape segment has an outer face and an inner face opposite to the outer face and configured to contact a skin of the user and a part of the outer face when the elastic tape (42) is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the second tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the second side 46 that is not shown in the figure as it is facing away, and the second tape segment has an opposite inner face, which is the first side 44, which is also labeled as the inner face in annotated Fig. 1 of Cox, that is configured to contact a skin of the user and a part of the outer face or second side 46 when the elongated flexible member 42 is wound around the limb or the joint of the user and on itself), the inner face being configured to have an adhesion with the skin of the user and the part of the outer face (see Annotated Fig. 1 of Cox and Col. 3 lines 2-3; an adhesive is applied on the first side 44 of flexible member 42, which is the inner face of the second tape segment, and thus is configured to have an adhesion with the skin of the user and the part of the outer face),
the pad (50) is attached to an inner face (44) of the elastic tape (42) (see Fig. 1; treatment pad 50 is attached to first side 44 of elongated flexible member 42, which is an inner face as it is arranged on the inside of elongated flexible member 42 when a user wears the bandage 40), an inner face of the pad (50) forming the inner face of the first tape segment (see Annotated Fig. 1 of Cox; the inner face of the treatment pad 50 is labeled in Annotated Fig. 1 of Cox as inner face, and forms the inner face of the first tape segment),
the layer of viscoelastic material is configured to contact the skin of the user (see Fig. 1 and Col. 3 lines 58-62; the treatment pad 50 which is a layer of silicone gel is configured to contact the skin of the user), such that, in combination with compression forces exerted by the elastic tape (42) and the pad (50) when the elastic tape (42) is wound around the limb or the joint of the user and on itself while being locally stretched under different local traction forces, the first and second tape segments maintain respective local elongations produced by the different local traction forces, after the traction forces are removed (when elongated flexible member 42 is wound or wrapped around the joint of a user and on itself while being locally stretched under different local traction forces, for example if elongated flexible member 42 is wrapped around a finger of a user, the first tape segment and the second tape segment maintain respective local elongations produced by the different local traction forces after the traction forces are removed, as the viscoelastic material of the treatment pad 50 (silicone gel) and the adhesive of the second tape segment will keep the first and second tape segments in its position on the skin when a user is applying the bandage to the finger of a user and applies different traction forces to the different tape segments in order to tighten the bandage to the necessary tightness), and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment (as the first tape segment comprises pad 50 + the elastic fabric material 42 and the second tape segment only comprises the elastic fabric material 42, the first tape segment is configured to or capable of exerting a greater compression on a body area it covers than that exerted by the second tape segment, as the addition of pad 50 with the viscoelastic material will provide a more localized pressure than the elastic fabric material 42 alone when the bandage is wrapped tightly around a body area).
Cox is silent on a layer of elastic fabric attached to the layer of viscoelastic material, the pad being attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges; the first tape segment having a higher longitudinal stiffness than the second tape segment; the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm, and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment.
However, GRANGE ‘464 teaches an analogous supporting or compressing device (see Figs. 2-8 and [0038]-[0039]; this is an elastic sleeve wherein the elastic sleeve implicitly may apply compression), and an analogous pad (5) consisting of a layer of viscoelastic material (see Figs. 2-8 and [0041]; pad 5 is made of a viscoelastic material), and a layer of elastic fabric (52) attached to the layer of viscoelastic material (5) (see Figs. 2-8 and [0017], [0042]; fabric 52 is a layer of elastic fabric as disclosed in [0017], and this elastic fabric is attached to pad 5, which is made of a viscoelastic material, and thus is a layer of viscoelastic material), providing to reduce irritation to skin of a user.
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 the pad (50) in device of Cox with a layer of elastic fabric attached to the layer of viscoelastic material as taught by GRANGE ‘464 to have provided an improved supporting or compressing device that provides to reduce irritation to skin of a user.
Cox in view of GRANGE ‘464 discloses the invention as discussed above.
Cox in view of GRANGE ‘464 is silent on the pad being attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges; the first tape segment having a higher longitudinal stiffness than the second tape segment; the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm, and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment.
However, Scott teaches an analogous supporting or compressing device (Figs. 1-2) and an analogous pad (6) being attached to the elastic tape (2,4) only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad (6) is attached to the elastic tape (2,4) only along said two opposite longitudinal edges (see Figs. 1-2 and Col. 2 lines 21-25; dressing pad 6 is attached to tails 2,4 which is an analogous elastic tape as it is formed of gauze which has longitudinal elasticity, see Abstract, via stitching 12 which is along the two opposite longitudinal edges such that the dressing pad 6 is attached to tails 2,4 only along the two opposite longitudinal edges of where stitching 12 is located), providing better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
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 attachment mechanism of pad (50 of Cox) in the device of Cox in view of GRANGE ‘464, as Cox contemplates other attachment methods, see Col. 3 lines 3-6 of Cox, to be attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges as taught by Scott to have provided an improved supporting or compressing device that provides better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
Cox in view of GRANGE ‘464 further in view of Scott discloses the invention as discussed above.
Cox in view of GRANGE ‘464 further in view of Scott is silent on the first tape segment having a higher longitudinal stiffness than the second tape segment; the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm, and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment.
However, Rapp teaches an analogous supporting or compressing device (5) (see Fig. 1A; compression bandage 5 applies compression to a limb and thus is a compressing device), and teaches an analogous first tape segment (45c) and an analogous second tape segment (45a), the first tape segment (45c) having a higher longitudinal stiffness than the second tape segment (45a) (see Fig. 4 and [0064]-[0064]; the compression bandage 5 comprises an elastic layer 45, which is made up of three areas or segments 45a, 45b, 45c with differing elasticities, and area 45c is a first tape segment and is less elastic compared to area 45a which has greater elasticity, and thus area 45c has a higher longitudinal stiffness than area 45a, as area 45c is less elastic and thus will elongate less than area 45a in the longitudinal direction), providing differing stiffnesses to help keep the first tape segment in place preventing it from shifting.
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 elastic material of the first tape segment in the device of Cox in view of GRANGE ’464 further in view of Scott to have a higher longitudinal stiffness than the second tape segment as taught by Rapp to have provided an improved supporting or compressing device that provides differing stiffnesses to help keep the first tape segment in place preventing it from shifting.
Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp discloses the invention as discussed above.
Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp is silent on the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm, and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment.
However, Grange teaches an analogous supporting or compressing device (1’) (see Fig. 7D, see line 10 where this is an elastic sleeve wherein elastic sleeves implicitly may apply compression), and an analogous layer of viscoelastic material (4) (see lines 63-68, see further lines 137-139; layer 4 is a layer of polydimethylsiloxane which is a viscoelastic material), the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user (see Annotated Fig. 7D of Grange; the first tape segment is labeled in Annotated Fig. 7D of Grange, and face 4a is an inner face of the first tape segment, which is configured to have an adhesion with the skin of the user as face 4a has sufficient adhesiveness to stick to the skin, see lines 126-127); the layer of viscoelastic material (4) has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user (see lines 126-127 and lines 140-141; the thickness of layer 4 is preferably 1 and 4 mm, and thus can be 1 mm which is in the claimed range of the thickness, and layer 4 is configured to have an adhesion with the skin of the user as layer 4 has sufficient adhesiveness to stick to the skin, see lines 126-127), providing sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and providing sufficient thickness of the pad so that it is comfortable when a user wears the device.
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 material of the inner face of the first tape segment in the device of Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp to have an adhesion with the skin of the user as taught by Grange, and to have modified the thickness of the layer of viscoelastic material (50 of Cox) in the device of Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp to have a thickness of 1 mm as taught by Grange to have provided an improved supporting or compressing device that provides sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and provides sufficient thickness of the pad so that it is comfortable when a user wears the device.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange discloses the invention as discussed above.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange is silent on the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment.
However, Holm teaches an analogous layer of fabric of the analogous pad (12) (see Fig. 2 and [0045]; absorbent pad 12 can be manufactured from woven or nonwoven cotton or rayon, and thus is an analogous layer of fabric) and an analogous elastic tape (14) (see Fig. 2 and [0047]; backing layer 14 is an analogous elastic tape as backing layer 14 may be an elastic film), and the layer of fabric of the pad (12) has a higher longitudinal stiffness than the elastic tape (14) (see Fig. 2 and [0020] which discusses how the wound dressing 10 has a relatively stiff absorbent pad 12 positioned on a backing layer 14 that is flexible relative to the absorbent pad 12, and thus absorbent pad 12 can be manufactured from fabric and thus this fabric layer has a higher longitudinal stiffness than the elastic film material of the backing layer 14, as the absorbent pad 12 due to its stiffness will have higher resistance to elongation when stretched), providing more localized stability and thus making it easier for precise placement to a joint.
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 layer of elastic fabric (63 of Grange) of the pad (50 of Cox) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange to have a higher longitudinal stiffness than the elastic tape as taught by Holm to have provided an improved supporting or compressing device that has a layer of elastic fabric with a higher longitudinal stiffness than the elastic tape so that the layer of elastic fabric that forms a pocket is sufficiently rigid to keep the pad in place.
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Annotated Fig. 1 of Cox.
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Annotated Fig. 7D of Grange.
Regarding claim 18, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13.
GRANGE ‘464 further teaches an analogous supporting or compressing device (see Fig. 2) configured to surround a limb or joint of a user (see Fig. 2 where the device surrounds the hand and more specifically the joint in the thumb, [0009]), comprising an analogous elastic tape (1) (see Fig. 7 and [0038]-[0039]; the elastic tape 1 is made of a layer of elastic material) and an analogous pad (5,52) comprising an analogous layer of viscoelastic material (5) and an analogous layer of elastic fabric (52) attached to the layer of viscoelastic material (5) (see Fig. 7, 8, and [0041], [0042], [0017]; pad 5 is made from a viscoelastic material, and pad 5 can be adhered onto a piece of elastic fabric 52), wherein GRANGE ‘464 further teaches that the elastic fabric layer (52) has a lower stiffness in a longitudinal direction of the tape than in a transverse direction (see [0039]; the fabric 52 is disclosed to have an elasticity of 85%-115% in the direction of the warp (longitudinal) and has an elasticity of 65%-95% in the weft direction (transverse) wherein then on average the longitudinal direction is less stiff (more elastic) or has a lower stiffness than in the transverse direction), providing to allow the device to be made in only a few standard sizes as this will allow the fabric to easily conform to any shape or size (see [0007]).
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 elastic fabric (63 of Grange) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm to have a lower stiffness in a longitudinal direction of the elastic tape than in a transverse direction of the elastic tape as taught by Grange2 to have provided an improved supporting or compressing device that only needs to be made in a few standard sizes as this will allow the fabric to easily conform to any shape or size (see [0007]).
Regarding claim 20, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13. Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm further discloses wherein the inner face of the first and second tape segments is formed by a layer of a polymer gel (see Col. 3 lines 26-29 of Cox; the inner face of the first tape segment is made up of treatment pad 50 of Cox, which is a layer of silicone gel material, and thus is a polymer gel, and see Col. 3 lines 18-25 of Cox; the inner face of the second tape segment can be formed by a layer of silicone adhesive, which is a polymer, and silicone adhesive is known in the art to implicitly be in the form of a gel, see https://www.intechopen.com/chapters/58042, https://www.elkem.com/products/silicones/medical-grade-silicones/soft-skin-adhesives, https://polymerscience.com/p-derm-medical/silicone-gel-adhesives/, and https://boydbiomedical.com/articles/choosing-the-best-medical-tape-silicone-vs-acrylic).
Regarding claim 25, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 20.
Grange further teaches an analogous polymer gel (4) is polydimethylsiloxane (see lines 137-139 of Grange; layer 4 of Grange is polydimethylsiloxane), providing a material that is biocompatible and thus is safe for the skin of a user.
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 polymer gel material of the first and second tape segments in the device of Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm to be polydimethylsiloxane as further taught by Grange to have provided an improved supporting or compressing device that provides a material that is biocompatible and thus is safe for the skin of a user.
Regarding claim 37, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13.
Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm does not explicitly disclose wherein the adhesion with the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N.
However, Grange further teaches the claimed structure of the elastic tape (6) with the pad (4, 7), wherein the pad (4, 7) is formed of a layer of elastic fabric 7 (see lines 199-200 of Grange) and a layer of viscoelastic material (4) wherein the viscoelastic material (4) is polydimethylsiloxane (PDMS) (see lines 63-68 and lines 137-139 of Grange).
Furthermore, the instant disclosure provides that the preferred embodiment of the pad is also formed of a layer of viscoelastic material which is chosen to be polydimethylsiloxane (PDMS) and a layer of elastic fabric (see Page 8 lines 10-27 of applicant’s specification, wherein the applicant never states a specific elastic fabric) and that the 20 N retaining of elongations is resultant of the adhesion properties (see Page 16 lines 24-27 of applicant’s specification) wherein further the adhesion properties are resultant of the polydimethylsiloxane material (see Page 8 lines 10-27 of applicant’s specification).
Thus the prior art of Grange discloses similar structure and materials as compared to the instant disclosed invention, and MPEP 2112.01 states “when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent.”
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 viscoelastic material (50 of Cox) in the device of Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm to be polydimethylsiloxane as taught by Grange such that the invention of Cox in view of GRANGE ‘464 in view of Rapp in view of Grange in view of Holm further in view of Goldman inherently has the function of the adhesion (from layer 4 of polydimethylsiloxane) the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N as the materials and structure of the pad of Cox in view of GRANGE ‘464 in view of Rapp in view of Grange in view of Holm further in view of Goldman is similar to the instantly disclosed device structure and materials (see MPEP 2112.01).
Regarding claim 43, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13. Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm further discloses consisting of the elastic tape (42 of Cox), the pad (50 of Cox), the first tape segment (see Annotated Fig. 1 of Cox), and the second tape segment (see Annotated Fig. 1 of Cox).
Claim(s) 24, 28, 38, and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of Scott in view of GRANGE ‘464 in view of Rapp in view of Grange further in view of Holm.
Regarding claim 24, Cox discloses a method of manufacturing a supporting or compressing device (40) (see Fig. 1; bandage 40 is made from an elastic fabric material and thus may apply compression and supports a user’s wound/scar when placed on the skin of a user), the method comprising:
providing an elastic tape (42) configured to be wound around a limb or a joint of a user and on itself (see Fig. 1; definition of tape is “a narrow flexible strip or band,” https://www.merriam-webster.com/dictionary/tape, and thus elongated flexible member 42 is interpreted as an elastic tape as elongated flexible member 42 is made of an elastic material (see claims 6 and 7 and Col. 3 lines 12-17 where the flexible member 42 may be made from an elastic fabric) and is a narrow strip that is configured to be wrapped or wound around a limb or joint of a user and on itself, as for example elongated flexible member 42 is capable of being wrapped around a finger and then back on itself); and
attaching a pad (50) to the elastic tape (42) (see Fig. 1 and Col. 3 lines 3-6; treatment pad 50 is attached to elongated flexible member 42 via adhesive), the pad (50) being disposed directly adjacent to the elastic tape (42), with a surface of the pad (50) facing the elastic tape (42) between the two opposite longitudinal edges (see Fig. 1; the treatment pad is disposed or arranged directly adjacent or near the elongated flexible member 42, and pad 50 has a surface facing the flexible member 42 between the longitudinal edges, which is labeled in Annotated Fig. 1 as longitudinal ends), such that the device comprises:
a first tape segment consisting of the pad (50) and a segment of the elastic tape (40) extending between the two opposite edges of the pad (50) (see Annotated Fig. 1 of Cox; a first tape segment is labeled in Annotated Fig. 1, and consists of treatment pad 50 and a segment or portion of bandage 40 extending between the two opposite ends of treatment pad 50 labeled as longitudinal ends); and
a second tape segment distinct from the first tape segment (see Annotated Fig. 1 of Cox; a second tape segment is labeled in Annotated Fig. 1 of Cox, which is distinct from the first tape segment as this portion of bandage 40 does not include treatment pad 50 making it recognizably different/distinct from the first tape segment),
wherein:
the first tape segment has an outer face and an inner face opposite to the outer face and configured to contact a skin of the user when the elastic tape (42) is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the first tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the surface of treatment pad 50 that is attached to flexible member 42 and thus is not shown in the figure, and the first tape segment has an opposite inner face which is the surface that is shown in Fig. 1 and is labeled in Annotated Fig. 1 of Cox that is configured to contact a skin of the user when elongated flexible member 42 is wound around the limb or joint of the user and on itself),
the second tape segment has an outer face and an inner face opposite to the outer face and configured to contact the skin of the user when the elastic tape is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the second tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the second side 46 that is not shown in the figure as it is facing away, and the second tape segment has an opposite inner face, which is the first side 44, which is also labeled as the inner face in annotated Fig. 1 of Cox, that is configured to contact the skin of the user and a part of the outer face or second side 46 when the bandage 40 is wound around the limb or the joint of the user and on itself), the inner face being configured to have an adhesion with the skin of the user and the part of the outer face (see Annotated Fig. 1 of Cox and Col. 3 lines 2-3; an adhesive is applied on the first side 44 of flexible member 42, which is the inner face of the second tape segment, and thus is configured to have an adhesion with the skin of the user and the part of the outer face),
the pad (50) is attached to an inner face of the elastic tape (42) (see Fig. 1; treatment pad 50 is attached to first side 44 of elongated flexible member 42, which is an inner face as it is arranged on the inside of elongated flexible member 42 when a user wears the bandage), an inner face of the pad forming the inner face of the first tape segment (see Annotated Fig. 1 of Cox; the inner face of the treatment pad 50 is labeled in Annotated Fig. 1 of Cox as inner face, and forms the inner face of the first tape segment),
the pad (50) consists of a layer of viscoelastic material (see Fig. 1 and Col. 3 lines 26-29; treatment pad 50 is a layer of silicone gel which is a viscoelastic material),
the layer of viscoelastic material is configured to contact the skin of the user (see Fig. 1 and Col. 3 lines 58-62; the treatment pad 50 which is a layer of silicone gel is configured to contact the skin of the user), such that, in combination with compression forces exerted by the elastic tape (42) and the pad (50) when the elastic tape (42) is wound around the limb or the joint of the user and on itself while being locally stretched under different local traction forces, the first and second tape segments maintain respective local elongations produced by the different local traction forces, after the traction forces are removed (when elongated flexible member 42 is wound or wrapped around the joint of a user and on itself while being locally stretched under different local traction forces, for example if elongated flexible member 42 is wrapped around a finger of a user, the first tape segment and the second tape segment maintain respective local elongations produced by the different local traction forces after the traction forces are removed, as the viscoelastic material of the treatment pad 50 (silicone gel) and the adhesive of the second tape segment will keep the first and second tape segments in its position on the skin when a user is applying the bandage to the finger of a user and applies different traction forces to the different tape segments in order to tighten the bandage to the necessary tightness), and the first tape segment is configured to exert a greater compression on a body area it covers than that exerted by the second tape segment (as the first tape segment comprises pad 50 + the elastic fabric material 42 and the second tape segment only comprises the elastic fabric material 42, the first tape segment is configured to or capable of exerting a greater compression on a body area it covers than that exerted by the second tape segment, as the addition of pad 50 with the viscoelastic material will provide a more localized pressure than the elastic fabric material 42 alone when the bandage is wrapped tightly around a body area).
Cox is silent on attaching a pad to the elastic tape only along two opposite longitudinal edges of the pad by respective attachment lines extending transversely along the two opposite longitudinal edges, a surface of the pad facing the elastic tape between the two opposite longitudinal edges not being attached to the elastic tape, the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; a layer of elastic fabric attached to the layer of viscoelastic material; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; and the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user.
However, Scott teaches an analogous supporting or compressing device (Figs. 1-2) and an analogous pad (6), and attaching the analogous pad (6) to the elastic tape (2,4) only along two opposite longitudinal edges of the pad (6) by respective attachment lines (12) extending transversely along the two opposite longitudinal edges (see Figs. 1-2 and Col. 2 lines 21-25; dressing pad 6 is attached to tails 2,4 which is an analogous elastic tape as it is formed of gauze which has longitudinal elasticity, see Abstract, via stitching 12 which are respective attachment lines that extend transversely along the two opposite longitudinal edges), and a surface of the pad (6) facing the elastic tape between the two opposite longitudinal edges not being attached to the elastic tape (2, 4) (see Figs. 1-2 and Col. 2 lines 21-25; an inner surface of the dressing pad 6 is the surface that faces the tails 2,4 and this surface between the two opposite longitudinal edges is not attached to the tails 2,4 as the dressing pad 6 is only attached at stitching 12), providing better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
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 attachment mechanism of pad (50) in the device of Cox, as Cox contemplates other attachment methods, see Col. 3 lines 3-6 of Cox, to be attached only along two opposite longitudinal edges of the pad by respective attachment lines (12) extending transversely along the two opposite longitudinal edges, a surface of the pad facing the elastic tape between the two opposite longitudinal edges not being attached to the elastic tape, as taught by Scott to have provided an improved supporting or compressing device that provides better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
Cox in view of Scott discloses the invention as discussed above.
Cox in view of Scott is silent on the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; a layer of elastic fabric attached to the layer of viscoelastic material; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; and the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user.
However, GRANGE ‘464 teaches an analogous supporting or compressing device (see Figs. 2-8 and [0038]-[0039]; this is an elastic sleeve wherein the elastic sleeve implicitly may apply compression), and an analogous pad (5) consisting of a layer of viscoelastic material (see Figs. 2-8 and [0041]; pad 5 is made of a viscoelastic material), and a layer of elastic fabric (52) attached to the layer of viscoelastic material (5) (see Figs. 2-8 and [0017], [0042]; fabric 52 is a layer of elastic fabric as disclosed in [0017], and this elastic fabric is attached to pad 5, which is made of a viscoelastic material, and thus is a layer of viscoelastic material), providing to reduce irritation to skin of a user.
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 the pad (50 of Cox) in device of Cox in view of Scott with a layer of elastic fabric attached to the layer of viscoelastic material as taught by GRANGE ‘464 to have provided an improved supporting or compressing device that provides to reduce irritation to a skin of a user.
Cox in view of Scott further in view of GRANGE ‘464 discloses the invention as discussed above.
Cox in view of Scott further in view of GRANGE ‘464 is silent on the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; and the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user.
However, Rapp teaches an analogous supporting or compressing device (5) (see Fig. 1A; compression bandage 5 applies compression to a limb and thus is a compressing device), and teaches an analogous first tape segment (45c) and an analogous second tape segment (45a), the first tape segment (45c) having a higher longitudinal stiffness than the second tape segment (45a) (see Fig. 4 and [0064]-[0064]; the compression bandage 5 comprises an elastic layer 45, which is made up of three areas or segments 45a, 45b, 45c with differing elasticities, and area 45c is a first tape segment and is less elastic compared to area 45a which has greater elasticity, and thus area 45c has a higher longitudinal stiffness than area 45a, as area 45c is less elastic and thus will elongate less than area 45a in the longitudinal direction), providing differing stiffnesses to help keep the first tape segment in place preventing it from shifting.
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 elastic material of the first tape segment in the device of Cox in view of Scott further in view of GRANGE ’464 to have a higher longitudinal stiffness than the second tape segment as taught by Rapp to have provided an improved supporting or compressing device that provides differing stiffnesses helps keep the first tape segment in place preventing it from shifting.
Cox in view of Scott in view of GRANGE ‘464 further in view of Rapp discloses the invention as discussed above.
Cox in view of Scott in view of GRANGE ‘464 further in view of Rapp is silent on the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user; the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape; the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user.
However, Grange teaches an analogous supporting or compressing device (1’) (see Fig. 7D, see line 10 where this is an elastic sleeve wherein elastic sleeves implicitly may apply compression), and an analogous layer of viscoelastic material (4) (see lines 63-68, see further lines 137-139; layer 4 is a layer of polydimethylsiloxane which is a viscoelastic material), the analogous inner face [of the first tape segment] being configured to have an adhesion with the skin of the user (see Annotated Fig. 7D of Grange; the first tape segment is labeled in Annotated Fig. 7D of Grange, and face 4a is an analogous inner face of the first tape segment, which is configured to have an adhesion with the skin of the user as face 4a has sufficient adhesiveness to stick to the skin, see lines 126-127), the layer of viscoelastic material (4) has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user (see lines 126-127 and lines 140-141; the thickness of layer 4 is preferably 1 and 4 mm, and thus can be 1 mm which is in the claimed range of the thickness, and layer 4 is configured to have an adhesion with the skin of the user as layer 4 has sufficient adhesiveness to stick to the skin, see lines 126-127), providing sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and provides sufficient thickness of the pad so that it is comfortable when a user wears the device.
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 layer of viscoelastic material (50) in the device of Cox in view of Scott in view of GRANGE ‘464 further in view of Rapp to have modified the material of the inner face of the first tape segment in the device of Cox to have an adhesion with the skin of the user as taught by Grange, and to have modified the thickness of the layer of viscoelastic material (50) in the device of Cox in view of Scott in view of GRANGE ‘464 further in view of Rapp to have a thickness of 1 mm as taught by Grange to have provided an improved supporting or compressing device that provides sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and provides sufficient thickness of the pad so that it is comfortable when a user wears the device.
Cox in view of in view of Scott in view of GRANGE ‘464 in view of Rapp further in view of Grange discloses the invention as discussed above.
Cox in view of Scott in view of GRANGE ‘464 in view of Rapp further in view of Grange is silent on the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape.
However, Holm teaches an analogous layer of fabric of the analogous pad (12) (see Fig. 2 and [0045]; absorbent pad 12 can be manufactured from woven or nonwoven cotton or rayon, and thus is an analogous layer of fabric) and an analogous elastic tape (14) (see Fig. 2 and [0047]; backing layer 14 is an analogous elastic tape as backing layer 14 may be an elastic film), and the layer of fabric of the pad (12) has a higher longitudinal stiffness than the elastic tape (14) (see Fig. 2 and [0020] which discusses how the wound dressing 10 has a relatively stiff absorbent pad 12 positioned on a backing layer 14 that is flexible relative to the absorbent pad 12, and thus absorbent pad 12 can be manufactured from fabric and thus this fabric layer has a higher longitudinal stiffness than the elastic film material of the backing layer 14, as the absorbent pad 12 due to its stiffness will have higher resistance to elongation when stretched), providing more localized stability and thus making it easier for precise placement to a joint.
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 layer of elastic fabric (63 of Grange) of pad (50 of Cox) in the device of Cox in view of in view of Scott in view of GRANGE ‘464 in view of Rapp further in view of Grange to have a higher longitudinal stiffness than the elastic tape as taught by Holm to have provided an improved supporting or compressing device that provides more localized stability and thus making it easier for precise placement to a joint.
Regarding claim 28, Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 24. Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm further discloses covering the inner face of the first and second tape segments with a layer of a polymer gel (see Col. 3 lines 26-29 of Cox; the inner face of the first tape segment is covered with treatment pad 50 of Cox, which is a layer of silicone gel material and thus is a polymer gel, and see Col. 3 lines 18-25 of Cox, the inner face of the second tape segment can be formed by a layer of silicone adhesive, which is a polymer, and silicone adhesive is known in the art to implicitly be in the form of a gel, see https://www.intechopen.com/chapters/58042, https://www.elkem.com/products/silicones/medical-grade-silicones/soft-skin-adhesives, https://polymerscience.com/p-derm-medical/silicone-gel-adhesives/, and https://boydbiomedical.com/articles/choosing-the-best-medical-tape-silicone-vs-acrylic).
Regarding claim 38, Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm discloses the method as discussed in claim 24.
Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm does not explicitly disclose wherein the adhesion with the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N.
However, Grange further teaches the claimed structure of the elastic tape (6) with the pad (4, 7), wherein the pad (4, 7) is formed of a layer of elastic fabric 7 (see lines 199-200 of Grange) and a layer of viscoelastic material (4) wherein the viscoelastic material (4) is polydimethylsiloxane (PDMS) (see lines 63-68 and lines 137-139 of Grange).
Furthermore, the instant disclosure provides that the preferred embodiment of the pad is also formed of a layer of viscoelastic material which is chosen to be polydimethylsiloxane (PDMS) and a layer of elastic fabric (see Page 8 lines 10-27 of applicant’s specification, wherein the applicant never states a specific elastic fabric) and that the 20 N retaining of elongations is resultant of the adhesion properties (see Page 16 lines 24-27 of applicant’s specification) wherein further the adhesion properties are resultant of the polydimethylsiloxane material (see Page 8 lines 10-27 of applicant’s specification).
Thus the prior art of Grange discloses similar structure and materials as compared to the instant disclosed invention, and MPEP 2112.01 states “when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent.”
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 viscoelastic material (50 of Cox) in the device of Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm to be polydimethylsiloxane as taught by Grange such that the invention of Cox in view of GRANGE ‘464 in view of Rapp in view of Grange in view of Holm further in view of Goldman inherently has the function of the adhesion (from layer 4 of polydimethylsiloxane) the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N as the materials and structure of the pad of Cox in view of GRANGE ‘464 in view of Rapp in view of Grange in view of Holm further in view of Goldman is similar to the instantly disclosed device structure and materials (see MPEP 2112.01).
Regarding claim 44, Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm discloses the method as discussed in claim 24. Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm further discloses consists of the elastic tape (42 of Cox), the pad (50 of Cox), the first tape segment (see Annotated Fig. 1 of Cox), and the second tape segment (see Annotated Fig. 1 of Cox).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of DEFENTE et al. (referred to as “DEFENTE”) (US 2018/0064582 A1).
Regarding claim 19, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13.
Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm is silent on wherein the first tape segment has a longitudinal stiffness between 2 and 4 times that of the elastic tape.
However, DEFENTE teaches an analogous supporting or compressing device (1) and an analogous first tape segment (2), wherein the first tape segment (2) has a longitudinal stiffness between 2 and 4 times that of the elastic tape (6) (see Fig. 1 and [0021]-[0022]; band 2 is an analogous first tape segment as band 6 is a segment or portion made from an elastic fabric whose elasticity is achieved by inserting a greater number of elastomers in the weft and exerts a pressure of 20 mmHg, and band 6 is an analogous elastic tape as it is an elastic band of material that exerts a pressure of 10 mmHg, and thus band 2 has a longitudinal stiffness that is 2 times that of band 6 as band 2 exerts double the amount of pressure of band 6), providing a graduated, decreasing and constant pressure to facilitate lymphatic circulation (see [0023]).
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 first tape segment (see Annotated Fig. 1 of Cox) in the device of Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm to have a longitudinal stiffness between 2 and 4 times that of the elastic tape (42 of Cox) as taught by DEFENTE to have provided an improved supporting or compressing device that provides a graduated, decreasing and constant pressure to facilitate lymphatic circulation (see [0023]).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Farrow et al. (referred to as “Farrow”) (US 2015/0351969 A1) with Farrow (US 2007/0179421 A1) (referred to as “Farrow2”), incorporated by reference into Farrow.
Regarding claim 23, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13. Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldman further discloses a first tape portion (40 of Cox) configured to be wound around an ankle and a foot of the user (see Fig. 1 of Cox; bandage 40 of Cox may be called the first tape portion and is configured to be wound around a portion of an ankle and foot of the user, as the definition of wound is “to traverse on a curving course,” https://www.merriam-webster.com/dictionary/wind), the first tape portion (40 of Cox) including the two tape segments (see Annotated Fig. 1 of Cox; the bandage 40 of Cox includes the first and second tape segments).
Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm is silent on a second tape portion configured to be wound around an ankle and a foot of the user, the second tape portion having an end fixed to an outer face of the first tape portion and comprising a first tape segment having a higher stiffness than a second tape segment of the second tape portion.
However, Farrow teaches an analogous compressing device (12) (compression garment 12, see [0022]), wherein this compression garment 12 may be an analogous first tape portion 301 (see Farrow2 [0022], wherein Farrow2 US 2007/0179421 A1 has been incorporated by reference such that the compression garment 12 may be a sleeve formation 301, see [0123] of Farrow2 and Figs. 12a-12d of Farrow2) wherein the first tape portion 301 may have an end of a short stretch (elastic) tape 102 sewn to the portion 301 (Farrow2 [0123] and Figs. 12a-12b) wherein these tapes 102 provide the user with the ability to apply the best pressure needed to the limb to prevent swelling (see [0012] of Farrow2) wherein Farrow further teaches a limiter 28 to be attached to tape 102/22 (referred to as tape 22 in Farrow, and 102 in Farrow2) that will have no elasticity and provides the user with further information of when the best therapeutic compression has been achieved (see [0060]-0061] of Farrow and Figs. 6-7), wherein the limiter 28 and tape 102/22 in totality may be called a second tape portion A and the first tape segment 28 would have a higher stiffness than a second tape segment 102/22 of the second tape portion A (see [0060]-[0061] of Farrow, tape 102/22 is elastic and the limiter 28 is not elastic, thus 28 is stiffer than 102/22), providing a user to know when to cease further stretching of the compression device (see [0058]).
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 first tape portion (40 of Cox) in the device of Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm such that there is an end of a tape 22/102 with a limiter 28 attached to the outer face of the first tape portion as taught by Farrow with Farrow2 incorporated by reference in order to have provided an improved supporting or compressing device that has the ability to reduce swelling from injury with the right amount of compression (see [0060]-[0061]), as the limiter provides a user to know when to cease further stretching of the compression device (see [0058]). Therefore, the combination of Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Farrow results in tape 102/22 of Farrow being a second tape portion A that is configured to be wound around an ankle and a foot of the user (see Fig. 12a-12b of Farrow2 where the tape portion A is able to wrap and thus is capable of being wrapped around the ankle and foot), the second tape portion having an end fixed to an outer face of the first tape portion (40 of Cox) and comprising a first tape segment 28 having a higher stiffness than a second tape segment 102/22 of the second tape portion (see [0060]-[0061] of Farrow; tape 102/22 is elastic and limiter 28 is not elastic, thus 28 is stiffer than 102/22, see Figs. 6-7 of Farrow).
Claim(s) 29, 33, 35, 39, and 45 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein (US 6,506,175 B1).
Regarding claim 29, Cox discloses a method of applying to an area of the body of a user a supporting or compressing device (40) (see Fig. 1; bandage 40 is made from an elastic fabric material and thus may apply compression and supports a user’s wound/scar when placed on the skin of a user), the method comprising:
providing a supporting or compressing device (40) (see Fig. 1; bandage 40 is made from an elastic fabric material and thus may apply compression and supports a user’s wound/scar when placed on the skin of a user) comprising:
an elastic tape (42) configured to be wound around a limb or a joint of said user and on itself (see Fig. 1; definition of tape is “a narrow flexible strip or band,” https://www.merriam-webster.com/dictionary/tape, and thus elongated flexible member 42 is interpreted as an elastic tape as elongated flexible member 42 is made of an elastic material (see claims 6 and 7 and Col. 3 lines 12-17 where the flexible member 42 may be made from an elastic fabric) and is a narrow strip that is configured to be wrapped or wound around a limb or joint of a user and on itself, as for example bandage 40 is capable of being wrapped around a finger and then back on itself);
a pad (50) consisting of a layer of viscoelastic material (see Fig. 1 and Col. 3 lines 26-29; treatment pad 50 is a layer of silicone gel which is a viscoelastic material), the pad (50) having two opposite longitudinal edges (see Fig. 1 and Col. 3 lines 3-6; the treatment pad 50 has two opposite longitudinal edges that labeled in Annotated Fig. 1 of Cox as ‘longitudinal ends’), wherein
a first tape segment consisting of the pad (50) and a segment of the elastic tape (42) extending between the two opposite longitudinal edges of the pad (50) (see Annotated Fig. 1 of Cox; a first tape segment is labeled in Annotated Fig. 1 of Cox, which consists of treatment pad 50 and consists of a segment of elongated flexible member 42 that extends between the two opposite longitudinal edges of treatment pad 50 which is also labeled in the annotated Fig. 1 as longitudinal ends);
a second tape segment distinct from the first tape segment (see Annotated Fig. 1 of Cox; a second tape segment is labeled in Annotated Fig. 1 of Cox, which is distinct from the first tape segment as this portion of bandage 40 does not include treatment pad 50 making it recognizably different/distinct from the first tape segment),
wherein:
the first tape segment has an outer face; and an inner face opposite to the outer face and configured to contact with a skin of the user when the elastic tape (40) is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the first tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the surface of treatment pad 50 that is attached to flexible member 42 and thus is not shown in the figure, and the first tape segment has an opposite inner face which is the surface that is shown in Fig. 1 and is labeled in Annotated Fig. 1 of Cox that is configured to contact with a skin of the user when bandage 40 is wound around the limb or joint of the user and on itself),
the second tape segment has an outer face; and an inner face opposite to the outer face and configured to contact with a skin of the user and a part of the outer face when the elastic tape is wound around the limb or the joint of the user and on itself (see Annotated Fig. 1 of Cox; the second tape segment labeled in Annotated Fig. 1 of Cox has an outer face, which is the second side 46 that is not shown in the figure as it is facing away, and the second tape segment has an opposite inner face, which is the first side 44, which is also labeled as the inner face in annotated Fig. 1 of Cox, that is configured to contact with a skin of the user and a part of the outer face or second side 46 when the elongated flexible member 42 is wound around the limb or the joint of the user and on itself), the inner face being configured to have an adhesion with the skin of the user and the part of the outer face (see Annotated Fig. 1 of Cox and Col. 3 lines 2-3; an adhesive is applied on the first side 44 of flexible member 42, which is the inner face of the second tape segment, and thus is configured to have an adhesion with the skin of the user and the part of the outer face),
the pad (50) is attached to an inner face (44) of the elastic tape (42) (see Fig. 1; treatment pad 50 is attached to first side 44 of elongated flexible member 44, which is an inner face as it is arranged on the inside of bandage 40 when a user wears the bandage), an inner face of the pad (50) forming the inner face of the first tape segment (see Annotated Fig. 1 of Cox; the inner face of the treatment pad 50 is labeled in Annotated Fig. 1 of Cox as inner face, and forms the inner face of the first tape segment),
the layer of viscoelastic material is configured to contact the skin of the user (see Fig. 1 and Col. 3 lines 58-62; the treatment pad 50 which is a layer of silicone gel is configured to contact the skin of the user) , such that, in combination with compression forces exerted by the elastic tape (42) and the pad (50) when the elastic tape (42) is wound around the limb or the joint of the user and on itself while being locally stretched under different local traction forces, the first and second tape segments maintain respective local elongations produced by the different local traction forces, after the traction forces are removed (when elongated flexible member 42 is wound or wrapped around the joint of a user and on itself while being locally stretched under different local traction forces, for example if elongated flexible member 42 is wrapped around a finger of a user, the first tape segment and the second tape segment maintain respective local elongations produced by the different local traction forces after the traction forces are removed, as the viscoelastic material of the treatment pad 50 (silicone gel) and the adhesive of the second tape segment will keep the first and second tape segments in its position on the skin when a user is applying the bandage to the finger of a user and applies different traction forces to the different tape segments in order to tighten the bandage to the necessary tightness).
Cox is silent on a layer of elastic fabric attached to the layer of viscoelastic material, the pad being attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges; the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user and the part of the outer face, the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and to have an adhesion with the skin of the user; and placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment, such that the configured of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, GRANGE ‘464 teaches an analogous supporting or compressing device (see Figs. 2-8 and [0038]-[0039]; this is an elastic sleeve wherein the elastic sleeve implicitly may apply compression), and an analogous pad (5) consisting of a layer of viscoelastic material (see Figs. 2-8 and [0041]; pad 5 is made of a viscoelastic material), a layer of elastic fabric (52) attached to the layer of viscoelastic material (5) (see Figs. 2-8 and [0017], [0042]; fabric 52 is a layer of elastic fabric as disclosed in [0017], and this elastic fabric is attached to pad 5, which is made of a viscoelastic material, and thus is a layer of viscoelastic material), providing secure adhesion as the elasticity further allows for a snug fit and reduction of irritation to skin of a user.
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 the pad (50) in device of Cox with a layer of elastic fabric attached to the layer of viscoelastic material as taught by GRANGE ‘464 to have provided an improved supporting or compressing device that provides secure adhesion as the elasticity further allows for a snug fit and reduction of irritation to skin of a user.
Cox in view of GRANGE ‘464 discloses the invention as discussed above.
Cox in view of GRANGE ‘464 is silent on the pad being attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges; the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user and the part of the outer face, the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and to have an adhesion with the skin of the user; and placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment, such that the configured of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, Scott teaches an analogous supporting or compressing device (Figs. 1-2) and an analogous pad (6) being attached to the elastic tape (2,4) only by respective attachment lines (12) extending transversely along the two opposite longitudinal edges, such that the pad (6) is attached to the elastic tape (2,4) only along said two opposite longitudinal edges (see Figs. 1-2 and Col. 2 lines 21-25; dressing pad 6 is attached to tails 2,4 which is an analogous elastic tape as it is formed of gauze which has longitudinal elasticity, see Abstract, via stitching 12 which is along the two opposite longitudinal edges such that the dressing pad 6 is attached to tails 2,4 only along the two opposite longitudinal edges of where stitching 12 is located, as the claim does not state that the edge is a terminal edge), providing better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
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 attachment mechanism of pad (50 of Cox) in the device of Cox in view of GRANGE ‘464, as Cox contemplates other attachment methods, see Col. 3 lines 3-6 of Cox, to be attached to the elastic tape only by respective attachment lines extending transversely along the two opposite longitudinal edges, such that the pad is attached to the elastic tape only along said two opposite longitudinal edges as taught by Scott to have provided an improved supporting or compressing device that provides better comfort as the sewn pad allows for more flexibility and a durable attachment mechanism.
Cox in view of GRANGE ‘464 further in view of Scott discloses the invention as discussed above.
Cox in view of GRANGE ‘464 further in view of Scott is silent on the first tape segment having a higher longitudinal stiffness than the second tape segment, the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user and the part of the outer face, the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and to have an adhesion with the skin of the user; and placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment, such that the configured of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, Rapp teaches an analogous supporting or compressing device (5) (see Fig. 1A; compression bandage 5 applies compression to a limb and thus is a compressing device), and teaches an analogous first tape segment (45c) and an analogous second tape segment (45a), the first tape segment (45c) having a higher longitudinal stiffness than the second tape segment (45a) (see Fig. 4 and [0064]-[0064]; the compression bandage 5 comprises an elastic layer 45, which is made up of three areas or segments 45a, 45b, 45c with differing elasticities, and area 45c is a first tape segment and is less elastic compared to area 45a which has greater elasticity, and thus area 45c has a higher longitudinal stiffness than area 45a, as area 45c is less elastic and thus will elongate less than area 45a in the longitudinal direction), providing differing stiffnesses to help keep the first tape segment in place preventing it from shifting.
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 elastic material of the first tape segment in the device of Cox in view of GRANGE ’464 in view of Scott to have a higher longitudinal stiffness than the second tape segment as taught by Rapp to have provided an improved supporting or compressing device that provides differing stiffnesses helps keep the first tape segment in place preventing it from shifting.
Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp discloses the invention as discussed above.
Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp is silent on the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user and the part of the outer face, the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, the layer of viscoelastic material has a thickness in a range of 0.3 mm to 1 mm and to have an adhesion with the skin of the user; and placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment, such that the configured of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, Grange teaches an analogous supporting or compressing device (1’) (see Fig. 7D, see line 10 where this is an elastic sleeve wherein elastic sleeves may apply compression), and an analogous layer of viscoelastic material (4) (see lines 63-68, see further lines 137-139; layer 4 is a layer of polydimethylsiloxane which is a viscoelastic material), the inner face [of the first tape segment] being configured to have an adhesion with the skin of the user (see Annotated Fig. 7D of Grange; the first tape segment is labeled in Annotated Fig. 7D of Grange, and face 4a is an inner face of the first tape segment, which is configured to have an adhesion with the skin of the user as face 4a has sufficient adhesiveness to stick to the skin, see lines 126-127), the layer of viscoelastic material (4) has a thickness in a range of 0.3 mm to 1 mm and is configured to have an adhesion with the skin of the user (see lines 126-127 and lines 140-141; the thickness of layer 4 is preferably 1 and 4 mm, and thus can be 1 mm which is in the claimed range of the thickness, and layer 4 is configured to have an adhesion with the skin of the user as layer 4 has sufficient adhesiveness to stick to the skin, see lines 126-127), providing sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and providing sufficient thickness of the pad so that it is comfortable when a user wears the device.
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 material of the inner face of the first tape segment in the device of Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp to have an adhesion with the skin of the user as taught by Grange, and to have modified the thickness of the layer of viscoelastic material (50) in the device of Cox in view of GRANGE ‘464 in view of Scott further in view of Rapp to have a thickness of 1 mm as taught by Grange to have provided an improved supporting or compressing device provides sufficient adhesiveness to stick to the skin and thus ensure the maintenance of the device on the area to be protected for several hours (see lines 126-127), and provides sufficient thickness of the pad so that it is comfortable when a user wears the device.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange discloses the method as discussed above.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange is silent on the layer of elastic fabric of the pad has a higher longitudinal stiffness than the elastic tape, and placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction forced applied to the second tape segment, such that the configuration of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, Holm teaches an analogous layer of fabric of the analogous pad (12) (see Fig. 2 and [0045]; absorbent pad 12 can be manufactured from woven or nonwoven cotton or rayon, and thus is an analogous layer of fabric) and an analogous elastic tape (14) (see Fig. 2 and [0047]; backing layer 14 is an analogous elastic tape as backing layer 14 may be an elastic film), and the layer of fabric of the pad (12) has a higher longitudinal stiffness than the elastic tape (14) (see Fig. 2 and [0020] which discusses how the wound dressing 10 has a relatively stiff absorbent pad 12 positioned on a backing layer 14 that is flexible relative to the absorbent pad 12, and thus absorbent pad 12 can be manufactured from fabric and thus this fabric layer has a higher longitudinal stiffness than the elastic film material of the backing layer 14, as the absorbent pad 12 due to its stiffness will have higher resistance to elongation when stretched), providing more localized stability and thus making it easier for precise placement to a joint.
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 layer of elastic fabric (63 of Grange) of pad (50 of Cox) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp further in view of Grange to have a higher longitudinal stiffness than the elastic tape as taught by Holm to have provided an improved supporting or compressing device that provides more localized stability and thus making it easier for precise placement to a joint.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the method as discussed above.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm is silent on placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment, such that the configuration of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device, and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment.
However, Goldstein teaches an analogous compressing or supporting device (10), and an analogous first tape segment and an analogous second tape segment (see Annotated Fig. 1 of Goldstein), and placing the supporting or compressing device (10) on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment (see Annotated Fig. 1 of Goldstein, see Figs. 1A-1B, and Col. 6 lines 39-42; bandage 10 is placed on a body area as seen in Fig. 1A by wrapping the first end 18 around thumb 36 and then wrapping the second end 20 around wrist 38, as seen in Figs. 1A-1B, and thus bandage 10 is placed on a body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment as more pressure can be exerted as desired by exerting corresponding tension (stretching force) when wrapping bandage 10), providing a desired amount of stretching force so that the bandage is properly placed on a body part without the bandage being loose fitting.
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 method of the supporting or compressing device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange further in view of Holm to include placing the supporting or compressing device on the body area by applying to the first tape segment a traction force greater than the traction force applied to the second tape segment as taught by Goldstein to have provided an improved method of applying to an area of the body of a user a support or compressing device that provides a desired amount of stretching force so that the bandage is properly placed on the body part without the bandage being loose fitting. Therefore, the combination of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein results in the configuration of the first tape segment is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the supporting or compressing device (40 of Cox), and such that the first tape segment exerts a greater compression on the body area it covers than that exerted by the second tape segment (as previously modified above, by Goldstein, a greater traction force is applied to the first tape segment of Cox than to the second tape segment of Cox, and thus the configuration of the first tape segment of Cox is stable in the absence of the traction force by virtue of the adhesion of the inner face of the first tape segment to the body area covered by the bandage 40 of Cox, and the first tape segment of Cox exerts a greater compression on the body area it covers than that exerted by the second tape segment of Cox, as a greater traction force is applied to the first tape segment of Cox).
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Annotated Fig. 1 of Goldstein.
Regarding claim 33, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29.
GRANGE ‘464 further teaches an analogous supporting or compressing device (see Fig. 2) configured to surround a limb or joint of a user (see Fig. 2 where the device surrounds the hand and more specifically the joint in the thumb, [0009]), comprising an analogous elastic tape (1) (see Fig. 7 and [0038]-[0039]; the elastic tape 1 is made of two layers of elastic material) and an analogous pad (5, 52) comprising an analogous layer of viscoelastic material (5) and an analogous layer of elastic fabric (52) attached to the layer of viscoelastic material (5) (see Fig. 7, 8, and [0041], [0042], [0017]; pad 5 is made from a viscoelastic material, and pad 5 can be adhered onto a piece of elastic fabric 52), wherein GRANGE ‘464 further teaches that the elastic fabric layer (52) has a lower stiffness in a longitudinal direction of the tape than in a transverse direction (see [0039] and Figs. 7-8; the layer 1a is disclosed to have an elasticity of 85%-115% in the direction of the warp (longitudinal) and has an elasticity of 65%-95% in the weft direction (transverse) wherein then on average the longitudinal direction is less stiff (more elastic) or has a lower stiffness than in the transverse direction), providing to allow the device to be made in only a few standard sizes as this will allow the fabric to easily conform to any shape or size (see [0007]).
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 elastic fabric (63 of Grange) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein to have a lower stiffness in a longitudinal direction of the elastic tape than in a transverse direction of the elastic tape as taught by GRANGE ‘464 to have provided an improved supporting or compressing device that only needs to be made in a few standard sizes as this will allow the fabric to easily conform to any shape or size (see [0007]).
Regarding claim 35, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29. Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein further discloses wherein the inner face of the first and second tape segments of the provided supporting or compressing device (40 of Cox) comprises a layer of a polymer gel (see Col. 3 lines 26-29 of Cox; the inner face of the first tape segment is made up of treatment pad 50 of Cox, which is a layer of silicone gel material, and thus is a polymer gel, and see Col. 3 lines 18-25 of Cox; the inner face of the second tape segment can be formed by a layer of silicone adhesive, which is a polymer, and silicone adhesive is known in the art to implicitly be in the form of a gel, see https://www.intechopen.com/chapters/58042, https://www.elkem.com/products/silicones/medical-grade-silicones/soft-skin-adhesives, https://polymerscience.com/p-derm-medical/silicone-gel-adhesives/, and https://boydbiomedical.com/articles/choosing-the-best-medical-tape-silicone-vs-acrylic).
Regarding claim 39, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein does not explicitly disclose wherein the adhesion with the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N.
However, Grange further teaches the claimed structure of the elastic tape (6) with the pad (4, 7), wherein the pad (4, 7) is formed of a layer of elastic fabric 7 (see lines 199-200 of Grange) and a layer of viscoelastic material (4) wherein the viscoelastic material (4) is polydimethylsiloxane (PDMS) (see lines 63-68 and lines 137-139 of Grange).
Furthermore, the instant disclosure provides that the preferred embodiment of the pad is also formed of a layer of viscoelastic material which is chosen to be polydimethylsiloxane (PDMS) and a layer of elastic fabric (see Page 8 lines 10-27 of applicant’s specification, wherein the applicant never states a specific elastic fabric) and that the 20 N retaining of elongations is resultant of the adhesion properties (see Page 16 lines 24-27 of applicant’s specification) wherein further the adhesion properties are resultant of the polydimethylsiloxane material (see Page 8 lines 10-27 of applicant’s specification).
Thus the prior art of Grange discloses similar structure and materials as compared to the instant disclosed invention, and MPEP 2112.01 states “when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent.”
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 viscoelastic material (50 of Cox) in the device Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein to be polydimethylsiloxane as taught by Grange such that the invention of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein inherently has the function of the adhesion (from layer 4 of polydimethylsiloxane) the skin of the user and the part of the outer face retains local elongations resulting from differences of local traction forces of up to 20 N as the materials and structure of the pad of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein is similar to the instantly disclosed device structure and materials (see MPEP 2112.01).
Regarding claim 45, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29. Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein further discloses consists of the elastic tape (42 of Cox), the pad (50 of Cox), the first tape segment (see Annotated Fig. 1 of Cox), and the second tape segment (see Annotated Fig. 1 of Cox).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm in view of Goldstein further in view of DEFENTE.
Regarding claim 34, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein is silent on wherein the first tape segment of the provided supporting or compressing device has a longitudinal stiffness between 2 and 4 times that of the elastic tape.
However, DEFENTE teaches an analogous supporting or compressing device (1) and an analogous first tape segment (2), wherein the first tape segment (2) of the provided supporting or compressing device (1) has a longitudinal stiffness between 2 and 4 times that of the elastic tape (6) (see Fig. 1 and [0021]-[0022]; band 2 is an analogous first tape segment as band 6 is a segment or portion made from an elastic fabric whose elasticity is achieved by inserting a greater number of elastomers in the weft and exerts a pressure of 20 mmHg, and band 6 is an analogous elastic tape as it is an elastic band of material that exerts a pressure of 10 mmHg, and thus band 2 has a longitudinal stiffness that is 2 times that of band 6 as band 2 exerts double the amount of pressure of band 6), providing a graduated, decreasing and constant pressure to facilitate lymphatic circulation (see [0023]).
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 first tape segment (see Annotated Fig. 1 of Cox) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein to have a longitudinal stiffness between 2 and 4 times that of the elastic tape (40 of Cox) as taught by DEFENTE to have provided an improved supporting or compressing device that provides a graduated, decreasing and constant pressure to facilitate lymphatic circulation (see [0023]).
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm in view of Goldstein further in view of Farrow (with Farrow 2 incorporated).
Regarding claim 36, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29. Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein further discloses wherein the provided supporting or compressing device comprises a first tape portion (40 of Cox) configured to be wound around an ankle and foot of the user (see Fig. 1 of Cox; bandage 40 of Cox may be called the first tape portion and is configured to be wound around a portion of an ankle and foot of the user, as the definition of wound is “to traverse on a curving course,” https://www.merriam-webster.com/dictionary/wind), the first tape portion (40 of Cox) includes the first and second tape segments (see Annotated Fig. 1 of Cox; the bandage 40 of Cox includes the first and second tape segments).
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein is silent on a second tape portion configured to be wound around an ankle and a foot of the user, the second tape portion having an end fixed to an outer face of the first tape portion and comprising a first tape segment having a higher stiffness than a second tape segment of the second tape portion.
However, Farrow teaches an analogous compressing device (12) (compression garment 12, see [0022]), wherein this compression garment 12 may be an analogous first tape portion 301 (see Farrow2 [0022], wherein Farrow2 US 2007/0179421 A1 has been incorporated by reference such that the compression garment 12 may be a sleeve formation 301, see [0123] of Farrow2 and Figs. 12a-12d of Farrow2) wherein the first tape portion 301 may have an end of a short stretch (elastic) tape 102 sewn to the portion 301 (Farrow2 [0123] and Figs. 12a-12b) wherein these tapes 102 provide the user with the ability to apply the best pressure needed to the limb to prevent swelling (see [0012] of Farrow2) wherein Farrow further teaches a limiter 28 to be attached to tape 102/22 (referred to as tape 22 in Farrow, and 102 in Farrow2) that will have no elasticity and provides the user with further information of when the best therapeutic compression has been achieved (see [0060]-0061] of Farrow and Figs. 6-7), wherein the limiter 28 and tape 102/22 in totality may be called a second tape portion A and the first tape segment 28 would have a higher stiffness than a second tape segment 102/22 of the second tape portion A (see [0060]-[0061] of Farrow, tape 102/22 is elastic and the limiter 28 is not elastic, thus 28 is stiffer than 102/22), providing a user to know when to cease further stretching of the compression device (see [0058]).
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 first tape portion (40 of Cox) in the device of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein such that there is an end of a tape 22/102 with a limiter 28 attached to the outer face of the first tape portion as taught by Farrow with Farrow2 incorporated by reference in order to have provided an improved supporting or compressing device that has the ability to reduce swelling from injury with the right amount of compression (see [0060]-[0061]), as the limiter provides a user to know when to cease further stretching of the compression device (see [0058]). Therefore, the combination of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm in view of Goldstein further in view of Farrow results in tape 102/22 of Farrow being a second tape portion A that is configured to be wound around an ankle and a foot of the user (see Fig. 12a-12b of Farrow2 where the tape portion A is able to wrap and thus is capable of being wrapped around the ankle and foot), the second tape portion having an end fixed to an outer face of the first tape portion (40 of Cox) and comprising a first tape segment 28 having a higher stiffness than a second tape segment 102/22 of the second tape portion (see [0060]-[0061] of Farrow; tape 102/22 is elastic and limiter 28 is not elastic, thus 28 is stiffer than 102/22, see Figs. 6-7 of Farrow).
Claim(s) 40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Cotton (US 2011/0229688 A1).
Regarding claim 40, Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm discloses the invention as discussed in claim 13.
Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm is silent on wherein the thickness of the layer of viscoelastic material is 0.3 mm or more and less than 1 mm.
However, Cotton teaches an analogous layer of viscoelastic material (4), wherein the thickness of the layer of viscoelastic material (4) is 0.3 mm or more and less than 1 mm (see Fig. 1 and [0055]; silicone gel 4 is an analogous viscoelastic material and silicone gel 4 may have a thickness in the range of 0.5 mm, which is greater than 0.3 mm and less than 1 mm), providing a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
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 thickness of the layer of viscoelastic material (50 of Cox) in the device Cox in view of GRANGE '464 in view of Scott in view of Rapp in view of Grange further in view of Holm to be 0.3 mm or more and less than 1 mm as taught by Cotton to have provided an improved supporting or compressing device that provides a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of Scott in view of GRANGE ‘464 in view of Rapp in view of Grange in view of Holm further in view of Cotton.
Regarding claim 41, Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm discloses the method as discussed in claim 24.
Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm is silent on wherein the thickness of the layer of viscoelastic material is 0.3 mm or more and less than 1 mm.
However, Cotton teaches an analogous layer of viscoelastic material (4), wherein the thickness of the layer of viscoelastic material (4) is 0.3 mm or more and less than 1 mm (see Fig. 1 and [0055]; silicone gel 4 is an analogous viscoelastic material and silicone gel 4 may have a thickness in the range of 0.5 mm, which is greater than 0.3 mm and less than 1 mm), providing a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
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 thickness of the layer of viscoelastic material (50 of Cox) in the method of Cox in view of Scott in view of GRANGE '464 in view of Rapp in view of Grange further in view of Holm to be 0.3 mm or more and less than 1 mm as taught by Cotton to have provided an improved supporting or compressing device that provides a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cox in view of GRANGE ‘464 in view of Scott in view ofRapp in view of Grange in view of Holm in view of Goldstein further in view of Cotton.
Regarding claim 42, Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein discloses the method as discussed in claim 29.
Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein is silent on wherein the thickness of the layer of viscoelastic material is 0.3 mm or more and less than 1 mm.
However, Cotton teaches an analogous layer of viscoelastic material (4), wherein the thickness of the layer of viscoelastic material (4) is 0.3 mm or more and less than 1 mm (see Fig. 1 and [0055]; silicone gel 4 is an analogous viscoelastic material and silicone gel 4 may have a thickness in the range of 0.5 mm, which is greater than 0.3 mm and less than 1 mm), providing a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
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 thickness of the layer of viscoelastic material (50 of Cox) in the method of Cox in view of GRANGE ‘464 in view of Scott in view of Rapp in view of Grange in view of Holm further in view of Goldstein to be 0.3 mm or more and less than 1 mm as taught by Cotton to have provided an improved supporting or compressing device that provides a sufficient thickness of viscoelastic material so that the device is more comfortable for a user to wear.
Conclusion
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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