DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
Applicant's submission filed on 6/23/2026 has been entered.
Claims 1-60, 66-67, and 74-83 have been cancelled.
Claims 61-65, 68-73, and 84 have been amended.
Response to Arguments
Regarding the Neuenhahn or Longinotti-Buitoni alone or in combination in 102/103 rejections, applicant remarked that neither disclose comparison of external data and data now recited in independent claim 61. In response, claim 61, as amended, recites the processor compares the external data to data….OR, such recitation includes alternative form of the recitation which requires only one of the alternative form. The claims, as amended, have been carefully considered and deem not allowable in view of the interpretation in the rejection below.
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 nvention.
Claims 61-65, 68-73, and 84 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.
Regarding claim 61 reciting depending on a result of comparison in last line, such recitation (with emphasis added) deems conditional and therefore is interpreted to be indefinite.
Regarding claim 61 reciting the processor is operable to compare the external data to data indicative of the at least one sensor device, such recitation (with emphasis added) deems confusing as it is unclear the purpose of the comparison between the two data and what impact result thereof has on the claimed invention. Applicant is invited provide clarity and scope of the claim input device in relation to the garment, pressure sensor, and mobile device.
Regarding independent claim 61 reciting “storage means” which invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. Applicant’s originally-filed specification has not properly provided a corresponding structure for claimed limitation storage means. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Dependent claims 62-65, 68-73, and 84 are rejected insofar as they depend from a rejected claim and thereby incorporate the deficiency due to their dependency
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 61-65 and 68-72 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Neuenhahn et al (U.S. Patent Application Publication No. US 2015/0297437 A1).
Regarding independent claim 61, Figures 1a-1b discloses applicant’s claimed compression therapy arrangement (110) comprising:
a compression garment (112) adapted to exert external pressure on a body portion (114);
a mobile communication device (124);
at least one sensor device (116) associated with the compression garment (112) and having at least one pressure sensor (118, 123) capable of producing at least one pressure signal (wireless signals119, 125) indicative of the external pressure and a transmitter linked to the at least one sensor device and operable to transmit therapy signals (paragraph 0276) corresponding to the at least one pressure signal to the mobile communication device (124),
wherein the mobile communication device (124) has a processor operable to process therapy signals and further comprising a display (130’, see paragraph 0276),
wherein the display (130’) is linked to the processor and is operable to generate a perceptible signal corresponding to the external pressure, wherein the signal includes a vibrational representation (paragraph 0367 discloses an alarm) of the external pressure; and
a storage means (133, paragraph 0287) capable of storing pressure data corresponding to the at least one pressure signal and wherein the display (130) is operable to display a graph (paragraph 0047, 0119) representing the pressure data;
the at least one pressure sensor (118) comprises at least one capacitor (paragraph 0234) having a capacity dependent on the external pressure (paragraph 0234); and
an input device (132’) linked to the processor (128) and operable to input external data, the transmitter (evaluation device 126 analyzes data and compare data), transmitted by the transmitter and is further operable to enable operation of the processor (128) for controlling the display (130’) to display a graphic representation signals (119, 125) received from the transmitter (evaluation device 126) and derived from signals of the sensor device (116) depending on a result of the comparison (paragraphs 0373, 0385-0386, 0395, 0401, 0406, 0414, 0429, 0434, 0447).
Regarding claim 62, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), comprising all features as recited in thse claims, wherein the at least one pressure sensor is flexible or soft.
Regarding claim 63, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the at least one capacitor (paragraph 0120 & 0233) is integrated into an electric circuit (processor 128 inherently having resistors/inductors, thereby inclusive of RC/LC circuitry) further comprising a resistance and/or inductance, and wherein the at least one pressure signal is determined based on a frequency analysis (evaluation system 126).
Regarding claim 64, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein said at least one sensor device further comprises a position sensor (attitude sensor 118, abstract).
Regarding claim 65, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the transmitter is further operable to transmit to the mobile communication (124) a position signal derived from the position sensor (paragraph 0147, 0266).
Regarding claim 68, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the transmitter is further operable to transmit pressure data to an external web server (paragraph 0280 discloses smart phone which is access to and capability of external web server).
Regarding claim 69, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the processor (128) is operable to receive web data from an external web server and to control the display device (130’) to display a graphic representation of the web data, together with a graphic representation of the pressure data, or the external data, and wherein the processor (128) is further operable to receive usage data indicative of a period of usage of the compression garment, to compare the usage data to respective target data, to transmit data to one external hosts, and to divide data for transmission to the at least one external host (Figure 1b illustrates evaluation device 126 and monitoring device 116 operable to receive data and transmit data and analyze/divide data to external host 124)).
Regarding claim 70, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the compression garment comprises at least one compression sleeve (paragraph 0018).
Regarding claim 71, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110), wherein the at least one pressure sensor comprises at least two spaced apart pressure sensors (118, 122’), wherein each of the pressure sensors is associated with a corresponding subpart of the compression garment (112), wherein one of the spaced apart pressure sensors is arranged in a distal portion (Figure 1b illustrates sensor 118 is located at one end of unit 117) of the compression garment (112), wherein another of the space apart pressure sensors is arranged in a proximal portion (Figure 1b illustrates sensor 118 is located at other end of unit 117) of the compression garment (112).
Regarding claim 72, Neuenhahn reference, presented above, discloses applicant’s claimed method for operating a compression therapy arrangement according to claim 61, comprising transmitting the therapy signals to the mobile communication device (paragraph 0276 discloses wireless technology, hence, the signal is transmitted to the mobile communication device).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 73 and 84 are rejected under 35 U.S.C. 103 as being unpatentable over Neuenhahn et al (U.S. Patent Application Publication No. US 2015/0297437 A1), and further in view of Longinotti-Buttoni et al (U.S. Patent Application Publication No. US 2015/0040282 A1).
Regarding claims 73 and 84, Neuenhahn reference, presented above, discloses applicant’s claimed compression therapy arrangement (110) including the processor (128).
Neuenhahn does not disclose the processor is operable to execute an executable code, wherein the executable code encodes an identifier of the compression garment and wherein the executable code is scannable such that the identifier is obtainable through scanning of the executable code, and wherein the executable code is a QR code, wherein the executable code is attached to the compression garment.
However, Longinotti-Buttoni teaches an analogous compression garment including a QR code (43, paragraphs 0212 & 0234).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Neuenhahn’s compression garment to attach a QR code on compression garment, taught by Longinotti-Buttoni, as such visual QR code promotes/trigger marketing/purchasing of the garment product.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMTU TRAN NGUYEN whose telephone number is (571)272-4799. The examiner can normally be reached 9am-5pm, Monday-Friday.
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/CAMTU T NGUYEN/Examiner, Art Unit 3786
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