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, 4, 6, and 8 in the response filed 8/12/25 are acknowledged.
Claims 1-8 are pending in the application and are examined below.
Response to Arguments
Applicant's arguments filed 8/12/25 have been fully considered but they are not persuasive. Applicant argues on p. 8-9 that Daley’s inserts 32 are disclosed as comprising a pad made of a soft cushioning material to protect the web of flesh between the toes, while Applicant’s interdigit barriers 212 function to increase the space between the metatarsal heads in a longitudinal manner and to decrease impingement of the interdigital nerves. Applicant argues that Daley’s inserts do not achieve Applicant’s function. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims solely recite an interdigit barrier separating each of the plurality of tubes. Daley’s inserts 32 separate the plurality of tubes 18 (fig. 4 and [0029], sleeves 18 can have inserts 32 to protect the web between the toes, and as shown in the figure, they create space between the tubes 18 where the webs of the toes reside). For these reasons, the rejection has been maintained.
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 14/881,812, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Application ‘812 does not provide support for the embodiment elected and claimed by Applicant in the instant application (figs. 5-21). Therefore, the earliest priority date is 2/27/19 (the filing date of parent application 16/287,932).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Alston US 2014/0230131 A1, and Lowman US 2,708,930.
Regarding claim 1, Zorn discloses a wearable foot sling 1/2 for providing focal compression to portions of a wearer’s foot, toes and leg (fig. 1 and abstract of translation, stocking 1 with a drawstring/band 2 that provides a compression effect; as can be seen in the figure, the stocking 1 covers the foot, toes, and leg, such that the overall compression effect of the band 2 is capable of being distributed through these features of the body during use), the foot sling comprising: a sock member 1 surrounding a cavity sized for receipt of the foot, toes and leg of the wearer (p. 5 describes compression stocking 1, which is shown in fig. 1 as surrounding the foot, toes, and leg within the cavity of the stocking 1); a circumferential band 2 that is integrally formed with the sock member 1 (fig. 3 shows the portions 2a/2b of band 2 circumferentially spiraling around the sock member 1 and foot/leg; p. 6, band 2 is fixed to stocking 1 via Velcro 4; therefore, band 2 can be considered to be integrally formed with sock member 1, since these parts form the whole device 1/2 when united and attached to each other; please note Collins Dictionary defines integral as “formed of constituent parts; united”), the circumferential band 2 forming a tension path that is configured to begin at a dorsum portion (please see annotated fig. A and p. 6, where Velcro 4a at the end of band portion 2b attaches to Velcro 4b over the dorsum of the foot, annotated as point A in the annotated figure), configured to wrap laterally around a lateral longitudinal arch portion and configured to run medially at a medial longitudinal arch portion (annotated fig. A, the band 2 travels from point A, down around the lateral side of the foot (in the direction into the page) and underneath the foot from the lateral side to the medial side of the arch point at point B in the medial direction (out of the page)), and configured to continue upwards toward the dorsum portion medially to connect with itself, thereby forming a closed loop (annotated fig. A, the band 2 then travels upwards from point B back to point A where it connects with itself via Velcro 4a/b as previously discussed); the circumferential band 2 configured to continue laterally and superior across an anterior ankle joint portion, configured to wrap around a lower tibia portion (annotated fig. A, band 2 travels from point A upwards and in the lateral direction again (into the page) towards point C around the front of the ankle joint and lower tibia); the circumferential band 2 spiraling in a superior direction to a top portion of the sock member 1 (annotated fig. A, the band 2 spirals around the calf to point D which is at a top portion of the sock 1); and wherein the circumferential band 2 is configured to apply tension along the tension path to the wearer’s foot and leg (p. 7, the band sections 2a/2b of band 2 is fixed in an eight around the foot and leg under tension).
PNG
media_image1.png
666
477
media_image1.png
Greyscale
Zorn is silent on a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion.
However, Daley teaches a therapeutic foot appliance 10 (fig. 3 and [0002], therapeutic device for foot ailments) comprising a plantar surface portion 14 having a thickened fabric pad forming a metatarsal bar (figs. 1-3 and [0024], foot strap 14 forms a bar that wraps under the plantar surface of the foot; strap 14 can be made of cloth (i.e., fabric), which would have an inherent thickness and provide some level of padding, as opposed to a bare foot); a plurality of tubes 18 each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes (fig. 3 and [0025], toe sleeves 18); an interdigit barrier 32 separating each of the plurality of tubes 18 (fig. 4 and [0029], sleeves 18 can have inserts 32 to protect the web between the toes); a plurality of longitudinal fibers 20 connecting the plurality of tubes 18 with the thickened fabric pad 14, wherein the plurality of longitudinal fibers 20 are configured to extend longitudinally from the plurality of tubes 18 at a proximal phalanx portion to a heel portion (figs. 1-3 and [0026], straps 20 connect the sleeves 18 (which are at the proximal phalanx portion of the foot) and the foot strap 14 (which is at a heel portion of the foot); please note that thefreedictionary.com defines fiber as “a slender, elongated, threadlike object or structure”; in this case, straps 20 are slender, elongated, and thin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have attached to the inner surface of sock 10 of Zorn a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion, as taught by Daley, for the additional benefit of “straightening and realigning toes in order to treat the maladies of hammertoe, bunions and Morton’s neuroma” ([0011]).
Zorn in view of Daley is silent on the sock member being formed from a first elastomeric material; the sock member further comprising a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves.
However, Neubauer teaches an analogous sock member 1 (fig. 2 and p. 3-4 of translation, diabetic stocking 1) formed from a first elastomeric material (p. 6, knit from elastane, which is elastomeric); the sock member 1 further comprising a plurality of toe sleeves 8 (fig. 2 and p. 4, toe-knit forms 8); an analogous plurality of tubes 10 being within the sock member 1 and having openings aligned with the plurality of toe sleeves 8 (figs. 2 and 3 and p. 4, textile tube inserts 10 may be incorporated into the diabetic stocking 1; thus, since the stocking 1 has toe sleeves 8, it is understood that the textile tube inserts 10, which wrap around each toe, are within each respective toe sleeve 8 when worn such that the opening of each tube 10 is aligned with its respective toe sleeve 8), such that when the foot device is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves 8 (fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sock member of Zorn in view of Daley to be formed from a first elastomeric material; the sock member further comprising a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves, as taught by Neubauer, to most snugly retain each tube on its respective toe, since individual toe sleeves (instead of a singular large cavity) would hold each tube onto the toe.
Zorn in view of Daley further in view of Neubauer is silent on the thickened fabric pad having a thickness greater than the first elastomeric material.
However, Alston teaches an analogous sock member 10 (figs. 1 and 2 and [0038], hosiery 10) comprising an analogous thickened pad 22 (fig. 2 and [0042], pad 22 for under the foot) having a thickness greater than a first elastomeric material 32 (fig. 2 and [0039], outer layer 32 of the hosiery 10 can be made of spandex, which is elastomeric; fig. 2 shows that pad 22 has greater thickness than outer layer 32 of hosiery 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the thickened fabric pad of Zorn in view of Daley further in view of Neubauer to have a thickness greater than the first elastomeric material, as taught by Alston, to provide adequate cushioning under the foot, increasing comfort.
Zorn in view of Daley further in view of Neubauer and Alston is silent on the circumferential band configured to gradually widen as it runs medially at the medial longitudinal arch portion.
However, Lowman teaches an analogous circumferential band 12 (fig. 2 and col. 2, line 5, instep band 12), the circumferential band 12 configured to gradually widen as it runs medially at the medial longitudinal arch portion (fig. 3 and col. 2, lines 58-62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer and Alston to be configured to gradually widen as it runs medially at the medial longitudinal arch portion, as taught by Lowman, to distribute compression underneath the foot over a larger surface area, preventing the band from uncomfortably digging into the plantar surface.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Alston US 2014/0230131 A1, Lowman US 2,708,930, and Howell et al. US 2007/0271680 A1.
Regarding claim 2, Zorn in view of Daley further in view of Neubauer, Alston, and Lowman discloses the claimed invention as discussed above.
Zorn in view of Daley further in view of Neubauer, Alston, and Lowman is silent on the circumferential band being woven into the first elastomeric material of the sock member.
However, Howell teaches a sock member 1 (fig. 1 and [0014], sock 1) comprising an analogous adjustable band being woven into the analogous material of the sock member 1 (figs. 1-4 and [0014]-[0017], where the band at the top of the sock is shown at 4 wrapping around the sock, and at 5 closing over the rear of the sock; claim 1, the sock uses adjustable straps that are woven into the fabric of the sock).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band and first elastomeric material of the sock member of Zorn in view of Daley further in view of Neubauer, Alston, and Lowman so that the band is woven into the material of the sock member, as taught by Howell, to anchor the band on the sock so as to prevent misplacement; please note that both Zorn and Howell’s bands are adjustable, so modifying Zorn’s adjustable band to be woven at an anchor point would not prevent adjustability.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Alston US 2014/0230131 A1, Lowman US 2,708,930, and Guinzburg US 1,544,641.
Regarding claim 3, Zorn in view of Daley further in view of Neubauer, Alston, and Lowman discloses the claimed invention as discussed above.
Zorn further discloses the first material of the sock member 1 having a first tension force (p. 5, stocking 1 is a compression stocking, which would inherently apply a tension force; please note Neubauer has previously been provided to modify Zorn’s sock member to be elastomeric material).
Zorn in view of Daley further in view of Neubauer, Alston, and Lowman is silent on the circumferential band being formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force.
However, Guinzburg teaches an analogous compression sock member 1 (fig. 1 and p. 1, left column, lines 8-15) comprising an analogous band 11 formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force (fig. 1 and p. 2, left column, lines 27-35 and 41-45, band 11 may be made of rubber (elastomeric) and is thicker than the body of the stocking to provide greater tension and less resiliency).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer, Alston, and Lowman to be formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force, as taught by Guinzburg, to act as a strapping with yielding firmness (p. 2, lines 31-32), so as not to be too weak to support and provide compression to the foot.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, and Lowman US 2,708,930.
Regarding claim 4, Zorn discloses a wearable foot sling 1/2 for providing focal compression to portions of a wearer’s foot, toes and leg (fig. 1 and abstract of translation, stocking 1 with a drawstring/band 2 that provides a compression effect; as can be seen in the figure, the stocking 1 covers the foot, toes, and leg, such that the overall compression effect of the band 2 is capable of being distributed through these features of the body during use), the foot sling comprising: a sock member 1 surrounding a cavity sized for receipt of the foot, toes and leg of the wearer (p. 5 describes compression stocking 1, which is shown in fig. 1 as surrounding the foot, toes, and leg within the cavity of the stocking 1); a circumferential band 2 that is integrally formed with the sock member 1 (fig. 3 shows the portions 2a/2b of band 2 circumferentially spiraling around the sock member 1 and foot/leg; p. 6, band 2 is fixed to stocking 1 via Velcro 4; therefore, band 2 can be considered to be integrally formed with sock member 1, since these parts form the whole device 1/2 when united and attached to each other; please note Collins Dictionary defines integral as “formed of constituent parts; united”), the circumferential band 2 forming a tension path that is configured to begin at a dorsum portion (please see annotated fig. A below and p. 6, where Velcro 4a at the end of band portion 2b attaches to Velcro 4b over the dorsum of the foot, annotated as point A in the annotated figure), configured to wrap laterally around a lateral longitudinal arch portion and configured to run medially at a medial longitudinal arch portion (annotated fig. A, the band 2 travels from point A, down around the lateral side of the foot (in the direction into the page) and underneath the foot from the lateral side to the medial side of the arch point at point B in the medial direction (out of the page)), and configured to continue upwards toward the dorsum portion medially to connect with itself, thereby forming a closed loop (annotated fig. A, the band 2 then travels upwards from point B back to point A where it connects with itself via Velcro 4a/b as previously discussed); the circumferential band 2 configured to wrap around a lower tibia portion (annotated fig. A, band 2 travels from point A upwards and in the lateral direction again (into the page) towards point C around the front of the ankle joint and lower tibia); the circumferential band 2 spiraling in a superior direction to a top portion of the sock member 1 (annotated fig. A, the band 2 spirals around the calf to point D which is at a top portion of the sock 1); and wherein the circumferential band 2 is configured to apply tension along the tension path to the wearer’s foot and leg (p. 7, the band sections 2a/2b of band 2 is fixed in an eight around the foot and leg under tension).
Zorn is silent on a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion.
However, Daley teaches a therapeutic foot appliance 10 (fig. 3 and [0002], therapeutic device for foot ailments) comprising a plantar surface portion 14 having a thickened fabric pad forming a metatarsal bar (figs. 1-3 and [0024], foot strap 14 forms a bar that wraps under the plantar surface of the foot; strap 14 can be made of cloth (i.e., fabric), which would have an inherent thickness and provide some level of padding, as opposed to a bare foot); a plurality of tubes 18 each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes (fig. 3 and [0025], toe sleeves 18); an interdigit barrier 32 separating each of the plurality of tubes 18 (fig. 4 and [0029], sleeves 18 can have inserts 32 to protect the web between the toes); a plurality of longitudinal fibers 20 connecting the plurality of tubes 18 with the thickened fabric pad 14, wherein the plurality of longitudinal fibers 20 are configured to extend longitudinally from the plurality of tubes 18 at a proximal phalanx portion to a heel portion (figs. 1-3 and [0026], straps 20 connect the sleeves 18 (which are at the proximal phalanx portion of the foot) and the foot strap 14 (which is at a heel portion of the foot); please note that thefreedictionary.com defines fiber as “a slender, elongated, threadlike object or structure”; in this case, straps 20 are slender, elongated, and thin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have attached to the inner surface of sock 10 of Zorn a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion, as taught by Daley, for the additional benefit of “straightening and realigning toes in order to treat the maladies of hammertoe, bunions and Morton’s neuroma” ([0011]).
Zorn in view of Daley is silent on the sock member further comprising a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves.
However, Neubauer teaches an analogous sock member 1 (fig. 2 and p. 3-4 of translation, diabetic stocking 1) further comprising a plurality of toe sleeves 8 (fig. 2 and p. 4, toe-knit forms 8); an analogous plurality of tubes 10 being within the sock member 1 and having openings aligned with the plurality of toe sleeves 8 (figs. 2 and 3 and p. 4, textile tube inserts 10 may be incorporated into the diabetic stocking 1; thus, since the stocking 1 has toe sleeves 8, it is understood that the textile tube inserts 10, which wrap around each toe, are within each respective toe sleeve 8 when worn such that the opening of each tube 10 is aligned with its respective toe sleeve 8), such that when the foot device is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves 8 (fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sock member of Zorn in view of Daley to further comprise a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves, as taught by Neubauer, to most snugly retain each tube on its respective toe, since individual toe sleeves (instead of a singular large cavity) would hold each tube onto the toe.
Zorn in view of Daley further in view of Neubauer is silent on the circumferential band configured to gradually widen as it runs medially at the medial longitudinal arch portion.
However, Lowman teaches an analogous circumferential band 12 (fig. 2 and col. 2, line 5, instep band 12), the circumferential band 12 configured to gradually widen as it runs medially at the medial longitudinal arch portion (fig. 3 and col. 2, lines 58-62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer to be configured to gradually widen as it runs medially at the medial longitudinal arch portion, as taught by Lowman, to distribute compression underneath the foot over a larger surface area, preventing the band from uncomfortably digging into the plantar surface.
Regarding claim 5, Zorn in view of Daley further in view of Neubauer and Lowman discloses the claimed invention as discussed above.
Neubauer further teaches the analogous sock member 1 being formed from a first elastomeric material (p. 6, knit from elastane, which is elastomeric), to fit comfortably over a variety of foot shapes.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Lowman US 2,708,930, and Howell et al. US 2007/0271680 A1.
Regarding claim 6, Zorn in view of Daley further in view of Neubauer and Lowman discloses the claimed invention as discussed above.
Zorn in view of Daley further in view of Neubauer and Lowman is silent on the circumferential band being woven into the first elastomeric material of the sock member.
However, Howell teaches a sock member 1 (fig. 1 and [0014], sock 1) comprising an analogous adjustable band being woven into the analogous material of the sock member 1 (figs. 1-4 and [0014]-[0017], where the band at the top of the sock is shown at 4 wrapping around the sock, and at 5 closing over the rear of the sock; claim 1, the sock uses adjustable straps that are woven into the fabric of the sock).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band and first elastomeric material of the sock member of Zorn in view of Daley further in view of Neubauer and Lowman so that the band is woven into the material of the sock member, as taught by Howell, to anchor the band on the sock so as to prevent misplacement; please note that both Zorn and Howell’s bands are adjustable, so modifying Zorn’s adjustable band to be woven at an anchor point would not prevent adjustability.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Lowman US 2,708,930, and Guinzburg US 1,544,641.
Regarding claim 7, Zorn in view of Daley further in view of Neubauer and Lowman discloses the claimed invention as discussed above.
Zorn further discloses the first material of the sock member 1 having a first tension force (p. 5, stocking 1 is a compression stocking, which would inherently apply a tension force; please note Neubauer has previously been provided to modify Zorn’s sock member to be elastomeric material).
Zorn in view of Daley further in view of Neubauer and Lowman is silent on the circumferential band being formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force.
However, Guinzburg teaches an analogous compression sock member 1 (fig. 1 and p. 1, left column, lines 8-15) comprising an analogous band 11 formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force (fig. 1 and p. 2, left column, lines 27-35 and 41-45, band 11 may be made of rubber (elastomeric) and is thicker than the body of the stocking to provide greater tension and less resiliency).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer and Lowman to be formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force, as taught by Guinzburg, to act as a strapping with yielding firmness (p. 2, lines 31-32), so as not to be too weak to support and provide compression to the foot.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zorn DE 202013105928 U1 in view of Daley US 2008/0255490 A1 further in view of Neubauer DE 202006006162 U1, Alston US 2014/0230131 A1, Lowman US 2,708,930, Guinzburg US 1,544,641, and Howell et al. US 2007/0271680 A1.
Regarding claim 8, Zorn discloses a wearable foot sling 1/2 for providing focal compression to portions of a wearer’s foot, toes and leg (fig. 1 and abstract of translation, stocking 1 with a drawstring/band 2 that provides a compression effect; as can be seen in the figure, the stocking 1 covers the foot, toes, and leg, such that the overall compression effect of the band 2 is capable of being distributed through these features of the body during use), the foot sling comprising: a sock member 1 having a first tension force and surrounding a cavity sized for receipt of the foot, toes and leg of the wearer (p. 5 describes compression stocking 1, which would inherently apply a tension force; stocking 1 is shown in fig. 1 as surrounding the foot, toes, and leg within the cavity of the stocking 1); a circumferential band 2 that is integrally formed with the sock member 1 (fig. 3 shows the portions 2a/2b of band 2 circumferentially spiraling around the sock member 1 and foot/leg; p. 6, band 2 is fixed to stocking 1 via Velcro 4; therefore, band 2 can be considered to be integrally formed with sock member 1, since these parts form the whole device 1/2 when united and attached to each other; please note Collins Dictionary defines integral as “formed of constituent parts; united”), the circumferential band 2 forming a tension path that is configured to begin at a dorsum portion (please see annotated fig. A and p. 6, where Velcro 4a at the end of band portion 2b attaches to Velcro 4b over the dorsum of the foot, annotated as point A in the annotated figure), configured to wrap laterally around a lateral longitudinal arch portion and configured to run medially at a medial longitudinal arch portion (annotated fig. A, the band 2 travels from point A, down around the lateral side of the foot (in the direction into the page) and underneath the foot from the lateral side to the medial side of the arch point at point B in the medial direction (out of the page)), and configured to continue upwards toward the dorsum portion medially to connect with itself, thereby forming a closed loop (annotated fig. A, the band 2 then travels upwards from point B back to point A where it connects with itself via Velcro 4a/b as previously discussed); the circumferential band 2 configured to continue laterally and superior across an anterior ankle joint portion, configured to wrap around a lower tibia portion (annotated fig. A, band 2 travels from point A upwards and in the lateral direction again (into the page) towards point C around the front of the ankle joint and lower tibia); the circumferential band 2 spiraling in a superior direction to a top portion of the sock member 1 (annotated fig. A, the band 2 spirals around the calf to point D which is at a top portion of the sock 1); and wherein the circumferential band 2 is configured to apply tension along the tension path to the wearer’s foot and leg (p. 7, the band sections 2a/2b of band 2 is fixed in an eight around the foot and leg under tension).
Zorn is silent on a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion.
However, Daley teaches a therapeutic foot appliance 10 (fig. 3 and [0002], therapeutic device for foot ailments) comprising a plantar surface portion 14 having a thickened fabric pad forming a metatarsal bar (figs. 1-3 and [0024], foot strap 14 forms a bar that wraps under the plantar surface of the foot; strap 14 can be made of cloth (i.e., fabric), which would have an inherent thickness and provide some level of padding, as opposed to a bare foot); a plurality of tubes 18 each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes (fig. 3 and [0025], toe sleeves 18); an interdigit barrier 32 separating each of the plurality of tubes 18 (fig. 4 and [0029], sleeves 18 can have inserts 32 to protect the web between the toes); a plurality of longitudinal fibers 20 connecting the plurality of tubes 18 with the thickened fabric pad 14, wherein the plurality of longitudinal fibers 20 are configured to extend longitudinally from the plurality of tubes 18 at a proximal phalanx portion to a heel portion (figs. 1-3 and [0026], straps 20 connect the sleeves 18 (which are at the proximal phalanx portion of the foot) and the foot strap 14 (which is at a heel portion of the foot); please note that thefreedictionary.com defines fiber as “a slender, elongated, threadlike object or structure”; in this case, straps 20 are slender, elongated, and thin).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have attached to the inner surface of sock 10 of Zorn a plantar surface of the sock member having a thickened fabric pad forming a metatarsal bar; a plurality of tubes each being sized and configured for engaged receipt and passage therethrough of the wearer’s toes; an interdigit barrier separating each of the plurality of tubes; a plurality of longitudinal fibers connecting the plurality of tubes with the thickened fabric pad, wherein the plurality of longitudinal fibers are configured to extend longitudinally from the plurality of tubes at a proximal phalanx portion to a heel portion, as taught by Daley, for the additional benefit of “straightening and realigning toes in order to treat the maladies of hammertoe, bunions and Morton’s neuroma” ([0011]).
Zorn in view of Daley is silent on the sock member being formed from a first elastomeric material; the sock member further comprising a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves.
However, Neubauer teaches an analogous sock member 1 (fig. 2 and p. 3-4 of translation, diabetic stocking 1) formed from a first elastomeric material (p. 6, knit from elastane, which is elastomeric); the sock member 1 further comprising a plurality of toe sleeves 8 (fig. 2 and p. 4, toe-knit forms 8); an analogous plurality of tubes 10 being within the sock member 1 and having openings aligned with the plurality of toe sleeves 8 (figs. 2 and 3 and p. 4, textile tube inserts 10 may be incorporated into the diabetic stocking 1; thus, since the stocking 1 has toe sleeves 8, it is understood that the textile tube inserts 10, which wrap around each toe, are within each respective toe sleeve 8 when worn such that the opening of each tube 10 is aligned with its respective toe sleeve 8), such that when the foot device is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves 8 (fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the sock member of Zorn in view of Daley to be formed from a first elastomeric material; the sock member further comprising a plurality of toe sleeves; the plurality of tubes being within the sock member and having openings aligned with the plurality of toe sleeves, such that when the foot sling is worn, each toe of the wearer is enclosed in one of the plurality of toe sleeves, as taught by Neubauer, to most snugly retain each tube on its respective toe, since individual toe sleeves (instead of a singular large cavity) would hold each tube onto the toe.
Zorn in view of Daley further in view of Neubauer is silent on the thickened fabric pad having a thickness greater than the first elastomeric material.
However, Alston teaches an analogous sock member 10 (figs. 1 and 2 and [0038], hosiery 10) comprising an analogous thickened pad 22 (fig. 2 and [0042], pad 22 for under the foot) having a thickness greater than a first elastomeric material 32 (fig. 2 and [0039], outer layer 32 of the hosiery 10 can be made of spandex, which is elastomeric; fig. 2 shows that pad 22 has greater thickness than outer layer 32 of hosiery 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the thickened fabric pad of Zorn in view of Daley further in view of Neubauer to have a thickness greater than the first elastomeric material, as taught by Alston, to provide adequate cushioning under the foot, increasing comfort.
Zorn in view of Daley further in view of Neubauer and Alston is silent on the circumferential band configured to gradually widen as it runs medially at the medial longitudinal arch portion.
However, Lowman teaches an analogous circumferential band 12 (fig. 2 and col. 2, line 5, instep band 12), the circumferential band 12 configured to gradually widen as it runs medially at the medial longitudinal arch portion (fig. 3 and col. 2, lines 58-62).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer and Alston to be configured to gradually widen as it runs medially at the medial longitudinal arch portion, as taught by Lowman, to distribute compression underneath the foot over a larger surface area, preventing the band from uncomfortably digging into the plantar surface.
Zorn in view of Daley further in view of Neubauer, Alston, and Lowman is silent on the circumferential band being formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force.
However, Guinzburg teaches an analogous compression sock member 1 (fig. 1 and p. 1, left column, lines 8-15) comprising an analogous band 11 formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force (fig. 1 and p. 2, left column, lines 27-35 and 41-45, band 11 may be made of rubber (elastomeric) and is thicker than the body of the stocking to provide greater tension and less resiliency).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band of Zorn in view of Daley further in view of Neubauer, Alston, and Lowman to be formed from a second elastomeric material having a second tension force; and wherein the second tension force is greater than the first tension force, as taught by Guinzburg, to act as a strapping with yielding firmness (p. 2, lines 31-32), so as not to be too weak to support and provide compression to the foot.
Zorn in view of Daley further in view of Neubauer, Alston, Lowman, and Guinzberg is silent on the circumferential band being woven into the first elastomeric material of the sock member.
However, Howell teaches a sock member 1 (fig. 1 and [0014], sock 1) comprising an analogous adjustable band being woven into the analogous material of the sock member 1 (figs. 1-4 and [0014]-[0017], where the band at the top of the sock is shown at 4 wrapping around the sock, and at 5 closing over the rear of the sock; claim 1, the sock uses adjustable straps that are woven into the fabric of the sock).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the circumferential band and first elastomeric material of the sock member of Zorn in view of Daley further in view of Neubauer, Alston, Lowman, and Guinzberg so that the band is woven into the material of the sock member, as taught by Howell, to anchor the band on the sock so as to prevent misplacement; please note that both Zorn and Howell’s bands are adjustable, so modifying Zorn’s adjustable band to be woven at an anchor point would not prevent adjustability.
Conclusion
THIS ACTION IS MADE FINAL. 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 MICHELLE J LEE whose telephone number is (571)270-7303. The examiner can normally be reached 9 AM - 5 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALIREZA NIA can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHELLE J LEE/ Primary Examiner, Art Unit 3786