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 .
Response to Amendment
The amendments made to claims 1 and 20 in the response filed on 11/19/2025 are acknowledged. Claims 1-4, 7-8, and 11-25 are still pending in the application and are examined below.
Response to Arguments
Applicant's arguments, see page 7, filed 11/19/2025, with respect to the drawing objections of have been fully considered and are persuasive. Therefore, the drawing objections have been withdrawn. However, please see new drawing objection below.
Applicant's arguments, see pages 8-15, filed 11/19/2025, with respect to the rejection of claim 1 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection was made in view of Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) and in further view of Reid et al. (US 20140296749 A1) to meet the newly added limitations of claim 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the inlay yarn must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4, 7-8, 11-25 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation “a plurality of continuous tuck structures” and “multiple tuck structures” in lines 6 and 10-11 is unclear. Examiner is unsure whether “multiple tuck structures” is referring back to “a plurality of continuous tuck structures” or it is a new structure being introduced.
Claim 1 recites the limitation "the tissue" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the fabric" in line 12. There is insufficient antecedent basis for this limitation in the claim.
The term “improve” in claim 1 is a relative term which renders the claim indefinite. It describes a result that is subjective.
Claim 20 recites the limitation “a plurality of continuous tuck structures” and “multiple tuck structures” in lines 8 and 11-12 is unclear. Examiner is unsure whether “multiple tuck structures” is referring back to “a plurality of continuous tuck structures” or it is a new structure being introduced.
Claim 20 recites the limitation "the tissue" in line 12. There is insufficient antecedent basis for this limitation in the claim.
Claim 20 recites the limitation "the fabric" in line 13. There is insufficient antecedent basis for this limitation in the claim.
The term “improve” in claim 20 is a relative term which renders the claim indefinite. It describes a result that is subjective.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-4, 7-8, 11-25 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
The limitation in claim 1 “so as to improve the fit with the skin” positively recites part of the human body.
The limitation in claim 20 “so as to improve the fit with the skin” positively recites part of the human body.
To obviate a rejection under 35 USC 101, the Office suggests that any claim that would include a human being, or part thereof, within its scope should use “adapted to___” or “adapted for ___” or “configured to” or configured for” to define the metes and bounds of the claimed subject matter which is a permissible form of expression.
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.
Claims 1, 4, 7, and 11-18 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) and in further view of Reid et al. (US 20140296749 A1).
Regarding claim 1, Mitsuno et al. discloses a medical compression stockings (1 - figure 1, a compression sock: paragraph 0041), comprising: a main body, comprising of structures (2 - figure 1, a tubular body portion: paragraph 0041-0042): an auxiliary pressure part (3 - figure 1, a support strip that exerts a larger tightening force: paragraph 0041/0053-0054) integrated with the main body (2) (figure 1, the auxiliary pressure part [3] is provided integrally with the main body [2]: paragraph 0054) and located at an ankle of a lower limb of the medical compression stockings (figure 1, the auxiliary pressure part [3] is arranged to extend obliquely upward from a lateral side to a medial side of the ventral ankle: paragraph 0059).
However, Mitsuno et al. fails to disclose a main body, comprising structures formed by knitting yarn and inlay yarn, the inlay yarn sandwiched between the knitting yarn; wherein, the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures, the auxiliary pressure part comprises a terry structure, and the terry structure is integrated with the main body, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin; and a pressure sensing part, comprising a conductive part and a signal receiving part, wherein the conductive part is integrated with the main body to sense pressure of a corresponding part of the medical compression stockings, and the signal receiving part is configured to receive a signal from the conductive part and determine a pressure value of the corresponding part according to the signal.
Huffa et al. teaches analogous main body (the knitted components may be utilized in other types of apparel such as socks: paragraph 0031), comprising structures formed by knitting yarn (138 – figure 8a, a yarn: paragraph 0049) and inlay yarn (132 – figure 8a, inlaid strand: paragraph 0049), the inlay yarn (132) sandwiched between the knitting yarn (138) (figure 8a, the inlay yarn [132] is sandwiched between the knitting yarn [138]: paragraph 0049).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the main body of Mitsuno et al. with knitting yarn and inlay yarn and where the inlay yarn is sandwiched between the knitting yarn as taught by Huffa et al. in order to provide a medical compression stockings that has an improved main body that enhances the support, stability and structural properties of the main body (paragraph 0040, Huffa et al.).
However, Mitsuno et al. in view of Huffa et al. fails to disclose the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures, the auxiliary pressure part comprises a terry structure, and the terry structure is integrated with the main body, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin; and a pressure sensing part, comprising a conductive part and a signal receiving part, wherein the conductive part is integrated with the main body to sense pressure of a corresponding part of the medical compression stockings, and the signal receiving part is configured to receive a signal from the conductive part and determine a pressure value of the corresponding part according to the signal.
Runac teaches an analogous knitting yarn (B – figure 3, body yarn: column 2, lines 27-34) of an analogous main body (figure 1, a sock with a rib cuff, heel pocket, sole, instep, toe pocket, and ventilator panel: column 2, lines 6-18) corresponding to an analogous auxiliary pressure part (11/12/13/14 – figure 1, a heel pocket, sole, instep, and toe pocket that provides cushion via terry loops: abstract/column 2, lines 24-34) is formed into a plurality of continuous tuck structures (17/18 – figure 3, held stitch loops [17] and tuck loops [18]: column 2, lines 35-57) (figure 1/figure 3, the auxiliary pressure part [11/12/13/14] containing the terry loops [T] forms into the tuck structures [17/18]: column 2, lines 6-57), the analogous auxiliary pressure part (11/12/13/14) comprises a terry structure (T – figure 3, terry loops: column 2, lines 24-34), and the terry structure (T) is integrated with the analogous main body (figure 1) (the terry structure [T] extends inwardly of and throughout the auxiliary pressure part [11/12/13/14], which makes up the main body [figure 1]: column 2, lines 24-34), each tuck structure (17/18) includes a loop (18 – figure 3, four tuck loops per tuck structure [17/18]: column 2, lines 35-57), each loop (18) wraps around the terry structure (T) (A – see annotated figure 1, the loops [18] wraps around the terry structure [T]), and the analogous knitting yarn (B) of the analogous main body (figure 1) in area of an analogous medical compression stockings (the main body [figure 1] is a ventilated cushion foot sock: column 1, lines 4-10) other than at the position of the analogous auxiliary pressure part (11/12/13/14) uses a plain stitch (16 – figure 3, the ventilator panel includes the tuck structure [17/18]; the tuck structure [17/18] comprises a pair of plain stitches [17]: column 2, lines 35-49), along the warp direction, there are multiple tuck structures continuously arranged (figure 3, there are multiple tuck structures in the warp direction), and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker (figure 3, there are multiple tuck structures in the weft direction that make a part of the fabric tighter and thicker [due to the accumulation of the four loops [18] held beneath the held stitches [17]: column 2, lines 45-57), so as to improve the fit with the skin (the tuck structures [17/18] permit a greater amount of air to pass therethrough; therefore, improving ventilation and the fit with the skin [see examiner further notes below]: column 3, lines 60-66).
Examiner further notes: A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
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Annotated figure 1: enlarged view of the fabric of Runac
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the main body of Mitsuno et al. in view of Huffa et al. with the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures, the auxiliary pressure part comprises a terry structure, and the terry structure being integrated with the main body, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin as taught by Runac in order to provide medical compression stockings that has an improved main body to promote the cushion/support to the user and promote ventilation of the main body (column 1, lines 23-31, Runac).
However, Mitsuno et al. in view of Huffa et al. and in further view of Runac fails to disclose a pressure sensing part, comprising a conductive part and a signal receiving part, wherein the conductive part is integrated with the main body to sense pressure of a corresponding part of the medical compression stockings, and the signal receiving part is configured to receive a signal from the conductive part and determine a pressure value of the corresponding part according to the signal.
Reid et al. teaches a pressure sensing part (figure 1-3, a single or plurality of sensor configured to measure pressure and can be located on the main body [14 - figure 1], cuff [22 - figure 1], or pocket [26 - figure 1]: paragraph 0041/0044), comprising a conductive part (12/16 - figure 4, these transmission circuits pathways [16] comprises a plurality of conductive parts [12] within the fabric; to create the transmission circuit pathways [16], the plurality of conductive parts [12] can be knitted vertically, horizontally, or at angles in a fabric. The direction and specific path of the transmission circuit pathway [16] can be determined by the selection of stitch patterns: paragraph 0041/0045/0050/0057/0061) and a signal receiving part (18 - figure 1, an electronic display that receives the signals from the pressure sensing part [paragraph 0044] and conductive part [12/16] and displays a variable value: paragraph 0041), wherein the conductive part (12/16) is integrated with an analogous main body (14 - figure 1, the compressive pressure fabric or garment; the plurality of conductive parts [12/16] can be knitted into fabrics in any directions [vertically, horizontally, or at angles]: paragraph 0041/0051) to sense pressure of a corresponding part of an analogous medical compression stockings (30 - figure 1, the compression garment monitoring system comprises a plurality of conductive parts [12/16], which creates a transmission circuit pathway for electrical signals to travel from the pressure sensing part [paragraph 0044] to the signal receiving part [18]: paragraph 0041/0043), and the signal receiving part (18) is configured to receive a signal from the conductive part (12/16) and determine a pressure value of the corresponding part according to the signal (the plurality of conductive parts [12/16] functions as a communication line between the pressure sensing part [paragraph 0041/0044] and the signal receiving part [18]: paragraph 0041)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the main body of Mitsuno et al. in view of Huffa et al. and in further view of Runac with a pressure sensing part comprising a plurality of conductive parts and signal receiving part as taught by Reid et al. in order to provide a medical compression stocking that has an improved main body including a pressure sensing part comprising a plurality of conductive parts and signal receiving part to provide indication that the compression garment is applying the correct amount of pressure to the user (paragraph 0112, Reid et al.).
Regarding claim 4, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Mitsuno et al. further discloses comprising one or more additional auxiliary pressure parts (3) each configured to directly contact a medial malleolus of the wearer (figure 1, it can be seen that the auxiliary pressure part [3] contacts the medial malleolus of the wearer, which is the bony bump on the inner side of the ankle: paragraph 0062).
Examiner further notes: In the annotated figure 2 below, the anatomy of the human ankle from Stanford Medicine is shown. By comparing figure 1 of Mitsuno et al. to the annotated figure 2 below, it can be seen that the auxiliary pressure part [3] of Mitsuno covers the medial malleolus of the wearer.
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Annotated Figure 2: anatomy of human foot
Regarding claim 7, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Runac further teaches wherein along a warp direction, two to three tuck structures of the plurality of continuous tuck structures (17/18) are continuously arranged (figure 3, there are three tuck structures [17/18] in the vertical direction), and along a weft direction, three to five tuck structures of the plurality of continuous tuck structures (17/18) are continuously arranged (figure 3, there are four tuck structures in the horizontal direction).
Regarding claim 11, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Reid et al. further teaches wherein the conductive part (12/16) comprises a flexible conductive part (F - see annotated figure 3, the conductive part [12/16] is comprised of a flexible/stretchable material: paragraph 0046), the flexible conductive part (F) is sewn into an analogous main body (14) to be integrated with the analogous main body (14) (the flexible conductive part [F] is knitted into the main body [14]: paragraph 0041/0045/0050/0057/0061), and wherein the flexible conductive part (F) configured to sense pressure changes through changes in resistance or capacitance (the flexible conductive part [F] is configured to sense pressure changes via changes in capacitance; the pressure sensing part [paragraph 0044] can also be a capacitance or piezoelectric sensor that provides a capacitance value and is coupled with the flexible conductive part [F] to allow transmission of the electrical signal to the signal receiving part [18]. The capacitance value can then be correlated to an amount of compressive pressure applied by the garment: paragraph 0063/0072).
Examiner further notes: regarding the phrase “sewn in” in claim 11, the applicant is advised that, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 227 USPQ 964, (Fed. Cir. 1985). In this case, the cited limitations failed to distinguish the claimed structure from the patented [apparatus of the Primary Reference]. See MPEP § 2113.
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Annotated Figure 3: flexible part of the conductive part
Regarding claim 12, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 11. Reid et al. further teaches wherein the flexible conductive part (F) is a flexible conductive wire or a conductive elastic wrap yarn (the flexible conductive part [F] is a silver yarn that is highly conductive, stretchable, and flexible: paragraph 0046), and the flexible conductive part (F) is integrated into the analogous main body (14) with loop formation, yarn addition or laid-in (figure 1/4, the flexible conductive parts [F] are knitted [loop formation, with wale and courses, as seen in figure 4] into the main body [14] to provide the plurality of conductive parts [12/16] a particular direction and path: paragraph 0045/0050/0057/0061).
Regarding claim 13, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Reid et al. further teaches comprising one or more additional conductive parts (12/16) arranged at one or more positions of an analogous main body (14) (figure 1, the plurality of conductive parts [12/16] forms a transmission circuit to provide a pathway for transmitting electrical signals from pressure sensing parts [paragraph 0044] located on an analogous main body [14]; a pressure sensing part [paragraph 0044] can also be integrated at the cuff near the ankle [22 - figure 1] or the pocket [26 - figure 1], where both cuff [22] and pocket [26] are knitted into the main body [14] along with the other one or more additional conductive parts [12/16]: paragraph 0041/0045/0050/0057/0061).
Regarding claim 14, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 13. Reid et al. further teaches wherein the conductive part (12/16) and the one or more additional conductive parts (12/16) are arranged according to positions where pressure measurement is required (figure 1, the plurality of conductive parts (12/16) are arranged and coupled with the pressure sensing part [which can be located in the cuff or pocket or in the fabric: paragraph 0044] to measure pressure at a specific location and display the value on the signal receiving part [18]: paragraph 0041/0043-0045/0050).
Regarding claim 15, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 13. Reid et al. further teaches wherein the conductive parts (12/16) are located on inner side, outer side, front side and/or back side of the lower limb of an analogous medical compression stocking (30) (figure 1, the medical compression stocking [30] comprises a knitted cuff [22] that has an inner and outer layer containing the conductive parts [12/16] at the front side the medical compression stocking [30]: paragraph 0075).
Regarding claim 16, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 11. Reid et al. further teaches wherein the conductive part (12/16) further comprises a connecting wire (12 - figure 1/4, an electrically conductive silver yarn: paragraph 0046) and the flexible conductive part (F) is electrically connected to the signal receiving part (18) through the connecting wire (12) (the flexible conductive part [F] is electrically connected to the signal receiving part [18] via connecting wire [12]; the connecting wire [12] connects the pressure sensing part [paragraph 0044] to the signal receiving part [18] to display a value sensed by the pressure sensing part [paragraph 0044]: paragraph 0041/0045/0050).
Regarding claim 17, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Reid et al. further teaches wherein the signal receiving part (18) is also configured to compare the pressure value with a pressure threshold (the medical compression stocking [30] includes compression level alarms that goes off when it is lower or higher than the targeted/desired pressure: paragraph 0112), and when the pressure value exceeds a pressure threshold, a reminder is issued to the wearer (when the pressure value exceeds the pressure threshold, the medical compression stocking [30] can send a signal to the signal receiving part [18] to notify the user that the pressure is too high: paragraph 0112).
Regarding claim 18, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1. Reid et al. further teaches wherein the conductive part (12/16) is arranged and spaced along a length direction of the medical compression stockings (30) (figure 1/4, the plurality of conductive parts [12/16] are spaced along the wale or a selected number of adjacent wale [34 - figure 4] and arranged along the length direction of medical compression stockings as seen in figure 1: paragraph 0045/0050/0057/0061) and integrated into the main body by means of loop formation, yarn addition or laid-in (figure 1/4, the plurality of conductive parts [12/16] are knitted [loop formation, with wale and courses, as seen in figure 4] into the main body [14] to provide the plurality of conductive parts [12/16] a particular direction and path: paragraph 0045/0050/0057/0061).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) in view of Reid et al. (US 20140296749 A1) and in further view of Hideaki (JP 3206234 U).
Regarding claim 2, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1.
However, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. fails to disclose wherein the knitting yarn and/or the inlay yarn are single-layer elastic wrap yarn.
Hideaki teaches wherein an analogous knitting yarn (203 – figure 2, a base yarn: paragraph 0015) and/or the inlay yarn (202 – figure 2, an elastic yarn: paragraph 0015) are single-layer elastic wrap yarn (the knitting yarn [203] can be single-covered with wooly nylon yarn: paragraph 0017-0018).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the knitting yarn and/or the inlay yarn of Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. to be a single-layer elastic wrap yarn as taught by Hideaki in order to provide a medical compression stocking that has an improved knitting yarn and/or inlay yarn to ensure desired pressure and extension ratio in the wale direction to stabilize the medical compression stocking on the user (paragraph 0022, Hideaki).
Regarding claim 3, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1.
However, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. fails to disclose wherein the knitting yarn and/or the inlay yarn are double-layer elastic wrap yarn.
Hideaki teaches wherein the knitting yarn (203 – figure 2, a base yarn: paragraph 0015) and/or the inlay yarn (202 – figure 2, an elastic yarn: paragraph 0015) are double-layer elastic wrap yarn (the knitting yarn [203] and inlay yarn [202] can be double-covered with nylon yarn: paragraph 0017/0018).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the knitting yarn and/or the inlay yarn of Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. to be a double-layer elastic wrap yarn as taught by Hideaki in order to provide a medical compression stocking that has an improved knitting yarn and/or inlay yarn to ensure desired pressure and extension ratio in the wale direction to stabilize the medical compression stocking on the user (paragraph 0022, Hideaki).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) in view of Reid et al. (US 20140296749 A1) and in further view of Rock (US 20100130903 A1).
Regarding claim 8, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1.
However, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. fails to disclose wherein material of the terry structure is natural fiber or man-made fiber.
Rock teaches wherein material of an analogous terry structure (figure 6A-6G, terry knitting process: paragraph 0024/0050) is natural fiber or man-made fiber (the terry structure [figure 6A-6G] can be made of synthetic or natural yarn/fibers: paragraph 0048-0052).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the terry structure of Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. to be natural or man-made fiber as taught by Rock in order to provide a medical compression stocking that has an improved terry structure to achieve a desired compression on certain parts of the user’s body (paragraph 0040-0041/0052, Rock).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) in view of Reid et al. (US 20140296749 A1) and in further view of Collins et al. (US 20140180182 A1).
Regarding claim 19, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. discloses the invention as discussed in claim 1.
However, Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. fails to disclose wherein the auxiliary pressure part comprises a three-layer structure, the outer side of the three-layer structure is the main body of the medical compression stockings, the middle side is a gasket, and the inner side is an auxiliary fabric.
Collin et al. teaches wherein an analogous auxiliary pressure part (94 - see annotated figure 4 below, an anti-slip panel portion that can be formed separately and incorporated [via sewing] to the upper extremity of the medical compression garment [90 - see annotated figure 4 below]: Paragraph 0106-0107) comprises a three-layer structure, the outer side of the three-layer structure is an analogous main body of an analogous medical compression stockings (90) (14/16 - see annotated figure 4 below, low friction yarns principally creates the outer surface of the medical compression stockings [90]: Paragraph 0109/0125), the middle side is a gasket (18 - see annotated figure 4 below, high friction yarn that is made of silicone or coated with silicone to contact user: Paragraph 0057-0059/0126), and the inner side is an auxiliary fabric (22 - see annotated figure 4 below, a high friction yarn that is made of silicone: Paragraph 0057-0059/0126) (see annotated figure 4 below, the knitted fabric structure shown makes up the auxiliary pressure part [94]; the gaskets (18) would then be sandwiched between the auxiliary fabric [22, that would contact user first based on knitting structure] and the low friction yarn [14/16]: Paragraph 0071/0107-0109).
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Annotated Figure 4: knitting structure of Collins et al.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the auxiliary pressure part of Mitsuno et al. in view of Huffa et al. in view of Runac and in further view of Reid et al. with a three-layer structure as taught by Collins et al. in order to provide a medical compression stock that has an improved auxiliary pressure part to efficiently prevent the medical compression garment from sliding along the limb without applying extra pressure that exceeds the acceptable limit for the user (Paragraph 0008/0012, Collins et al.).
Claims 20 and 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) and in further view of Runac (US 4057981 A).
Regarding claim 20, Mitsuno et al. discloses medical compression stockings (1 - figure 1, a compression sock: paragraph 0041), comprising: a main body (2 - figure 1, a tubular body portion: paragraph 0041-0042); an auxiliary pressure part (3 - figure 1, a support strip that exerts a larger tightening force: paragraph 0041/0053-0054), integrated with the main body (2) and located at an ankle of a lower limb of the medical compression stockings (1) (figure 1, the auxiliary pressure part [3] is arranged to extend obliquely upward from a lateral side to a medial side of the ventral ankle: paragraph 0059).
However, Mitsuno fails to disclose a main body, comprising structures formed by knitting yarn and inlay yarn, the inlay yarn sandwiched between the knitting yarn; the auxiliary pressure part comprising a terry structure, and the terry structure being integrated with the main body by embroidering or knitting process; wherein, the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures using a tuck method, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin.
Huffa et al. teaches analogous main body (the knitted components may be utilized in other types of apparel such as socks: paragraph 0031), comprising structures formed by knitting yarn (138 – figure 8a, a yarn: paragraph 0049) and inlay yarn (132 – figure 8a, inlaid strand: paragraph 0049), the inlay yarn (132) sandwiched between the knitting yarn (138) (figure 8a, the inlay yarn [132] is sandwiched between the knitting yarn [138]: paragraph 0049).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the main body of Mitsuno et al. with knitting yarn and inlay yarn and where the inlay yarn is sandwiched between the knitting yarn as taught by Huffa et al. in order to provide a medical compression stockings that has an improved main body that enhances the support, stability and structural properties of the main body (paragraph 0040, Huffa et al.).
However, Mitsuno et al. in view of Huffa et al. fails to disclose the auxiliary pressure part comprising a terry structure, and the terry structure being integrated with the main body by embroidering or knitting process; wherein, the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures using a tuck method, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin.
Runac teaches an analogous auxiliary pressure part (11/12/13/14 – figure 1, a heel pocket, sole, instep, and toe pocket that provides cushion via terry loops: abstract/column 2, lines 24-34) comprising a terry structure (T – figure 3, terry loops: column 2, lines 24-34), and the terry structure (T) being integrated with an analogous main body (figure 1, a sock with a rib cuff, heel pocket, sole, instep, toe pocket, and ventilator panel: column 2, lines 6-18) by embroidering or knitting process (the terry structure [T] extends inwardly of and throughout the auxiliary pressure part [11/12/13/14], which makes up the main body [figure 1]; additionally, the terry structure [T] is integrated with the main body [figure 1] via knitting machine: column 1, lines 44-51/column 2, lines 24-34); wherein, an analogous knitting yarn (B) of the analogous main body (figure 1) corresponding to the analogous auxiliary pressure part (11/12/13/14) is formed into a plurality of continuous tuck structures (17/18 – figure 3, held stitch loops [17] and tuck loops [18]: column 2, lines 35-57) using a tuck method (figure 1/figure 3, the auxiliary pressure part [11/12/13/14] containing the terry loops [T] forms into the tuck structures [17/18]: column 2, lines 6-57), each tuck structure (17/18) includes a loop (18 – figure 3, four tuck loops per tuck structure [17/18]: column 2, lines 35-57), each loop (18) wraps around the terry structure (T) (A – see annotated figure 1, the loops [18] wraps around the terry structure [T]), and the analogous knitting yarn (B) of the analogous main body (figure 1) in area of an analogous medical compression stockings (the main body [figure 1] is a ventilated cushion foot sock: column 1, lines 4-10) other than at the position of the analogous auxiliary pressure part uses a plain stitch (16 – figure 3, the ventilator panel includes the tuck structure [17/18]; the tuck structure [17/18] comprises a pair of plain stitches [17]: column 2, lines 35-49), along the warp direction, there are multiple tuck structures continuously arranged (figure 3, there are multiple tuck structures in the warp direction), and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker (figure 3, there are multiple tuck structures in the weft direction that make a part of the fabric tighter and thicker [due to the accumulation of the four loops [18] held beneath the held stitches [17]: column 2, lines 45-57), so as to improve the fit with the skin (the tuck structures [17/18] permit a greater amount of air to pass therethrough; therefore, improving ventilation and the fit with the skin [see examiner further notes below]: column 3, lines 60-66).
Examiner further notes: A recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have formed the main body of Mitsuno et al. in view of Huffa et al. with an auxiliary pressure part comprising a terry structure, and the terry structure being integrated with the main body by embroidering or knitting process; wherein, the knitting yarn of the main body corresponding to the auxiliary pressure part is formed into a plurality of continuous tuck structures using a tuck method, each tuck structure includes a loop, each loop wraps around the terry structure, and the knitting yarn of the main body in area of the medical compression stockings other than at the position of the auxiliary pressure part uses a plain stitch, along the warp direction, there are multiple tuck structures continuously arranged, and along a weft direction, there are multiple tuck structures continuously arranged to make the tissue of this part of the fabric tighter and thicker, so as to improve the fit with the skin as taught by Runac in order to provide medical compression stockings that has an improved main body to promote the cushion/support to the user and promote ventilation of the main body (column 1, lines 23-31, Runac).
Regarding claim 23, Mitsuno et al. in view of Huffa et al. and in further view of Runac discloses the invention as discussed in claim 20. Mitsuno et al. further discloses comprising one or more additional auxiliary pressure parts (3) each configured to directly contact a medial malleolus of the wearer (figure 1, it can be seen that the auxiliary pressure part [3] contacts the medial malleolus of the wearer, which is the bony bump on the inner side of the ankle: paragraph 0062).
Examiner further notes: In the annotated figure 2 above, the anatomy of the human ankle from Stanford Medicine is shown. By comparing figure 1 of Mitsuno et al. to the annotated figure 2 above, it can be seen that the auxiliary pressure part [3] of Mitsuno covers the medial malleolus of the wearer.
Regarding claim 24, Mitsuno et al. in view of Huffa et al. and in further view of Runac discloses the invention as discussed in claim 20. Runac further teaches wherein along a warp direction, two to three tuck structures of the plurality of continuous tuck structures (17/18) are continuously arranged (figure 3, there are three tuck structures [17/18] in the vertical direction), and along a weft direction, three to five tuck structures of the plurality of continuous tuck structures (17/18) are continuously arranged (figure 3, there are four tuck structures in the horizontal direction).
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) and in further view of Hideaki (JP 3206234 U).
Regarding claim 21, Mitsuno et al. in view of Huffa et al. and in further view of Runac discloses the invention as discussed in claim 20.
However, Mitsuno et al. in view of Huffa et al. and in further view of Runac fails to disclose wherein the knitting yarn and/or the inlay yarn are single-layer elastic wrap yarn.
Hideaki teaches wherein an analogous knitting yarn (203 – figure 2, a base yarn: paragraph 0015) and/or the inlay yarn (202 – figure 2, an elastic yarn: paragraph 0015) are single-layer elastic wrap yarn (the knitting yarn [203] can be single-covered with wooly nylon yarn: paragraph 0017-0018).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the knitting yarn and/or the inlay yarn of Mitsuno et al. in view of Huffa et al. and in further view of Runac to be a single-layer elastic wrap yarn as taught by Hideaki in order to provide a medical compression stocking that has an improved knitting yarn and/or inlay yarn to ensure desired pressure and extension ratio in the wale direction to stabilize the medical compression stocking on the user (paragraph 0022, Hideaki).
Regarding claim 22, Mitsuno et al. in view of Huffa et al. and in further view of Runac discloses the invention as discussed in claim 20.
However, Mitsuno et al. in view of Huffa et al. and in further view of Runac fails to disclose wherein the knitting yarn and/or the inlay yarn are double-layer elastic wrap yarn.
Hideaki teaches wherein the knitting yarn (203 – figure 2, a base yarn: paragraph 0015) and/or the inlay yarn (202 – figure 2, an elastic yarn: paragraph 0015) are double-layer elastic wrap yarn (the knitting yarn [203] and inlay yarn [202] can be double-covered with nylon yarn: paragraph 0017/0018).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the knitting yarn and/or the inlay yarn of Mitsuno et al. in view of Huffa et al. and in further view of Runac to be a double-layer elastic wrap yarn as taught by Hideaki in order to provide a medical compression stocking that has an improved knitting yarn and/or inlay yarn to ensure desired pressure and extension ratio in the wale direction to stabilize the medical compression stocking on the user (paragraph 0022, Hideaki).
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Mitsuno et al. (US 20110314591 A1) in view of Huffa et al. (US 20120233882 A1) in view of Runac (US 4057981 A) and in further view of Rock (US 20100130903 A1).
Regarding claim 25, Mitsuno et al. in view of Huffa et al. and in further view of Runac discloses the invention as discussed in claim 24.
However, Mitsuno et al. in view of Huffa et al. and in further view of Runac fails to disclose wherein material of the terry structure is natural fiber or man-made fiber.
Rock teaches wherein material of an analogous terry structure (figure 6A-6G, terry knitting process: paragraph 0024/0050) is natural fiber or man-made fiber (the terry structure [figure 6A-6G] can be made of synthetic or natural yarn/fibers: paragraph 0048-0052).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the terry structure of Mitsuno et al. in view of Huffa et al. and in further view of Runac to be natural or man-made fiber as taught by Rock in order to provide a medical compression stocking that has an improved terry structure to achieve a desired compression on certain parts of the user’s body (paragraph 0040-0041/0052, Rock).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW JUN-WAI MOK whose telephone number is (703)756-4605. The examiner can normally be reached 8am-4pm.
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786