DETAILED ACTION
This action is in response to the amendment filed 4/30/2025. Currently, claims 1-27 and 29-35 are pending in the application. Claim 28 is cancelled by Applicant. New claim 35 is added by Applicant. Claims 4, 13, 15-19, 22-27 and 29-34 are withdrawn and not examined at this point.
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 Arguments
Applicant’s amendment to claim 1 is sufficient to overcome the previous objections to claim 1. Applicant’s amendment to claim 6 is sufficient to overcome the previous objection to claim 6.
Applicant’s amendment to claim 9 is sufficient to overcome the previous rejection of claim 9 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. Applicant’s amendment to claim 10 is sufficient to overcome the previous rejection of claim 10 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Applicant’s amendment to claim 7 is sufficient to overcome the previous rejection of claim 7 under 35 U.S.C. 101 and section 33(a) of the America Invents Act.
Applicant’s arguments that Shagdar et al. does not teach a first side handle and a second side handle, said first side handle attached below one arm hole and said second side handle attached below the other arm hole, each handle comprised of a length of strapping having first and second ends, sewn or glued at each end to said garment body, to allow stabilization and adjustment of wearer by a caregiver have been fully considered and are persuasive. However, upon further consideration and in view of Applicant’s amendment, a new ground(s) of rejection is made in view of WEBB et al. (WO 2018/055362 A2).
Applicant's remaining arguments filed 4/30/2025 have been fully considered but they are not persuasive.
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 (i.e., a compression garment for compressing a surgical wound to help alleviate pain of the wearer; compression straps that are positioned laterally across the chest portion of the garment of the claimed invention to provide pain relief by allowing compression of that chest region to stabilize the same during coughing, sneezing, and similar actions after open heart surgery having cut into a patient's chest at the sternum) 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).
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “at least one quick-release tension band located at a portion of said garment body adapted to be worn over a surgical site on the wearer’s chest,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “said first quick release upper strap” in lines 5-6 of the claim should be amended to recite ---said first quick-release upper strap---. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “said second quick release upper strap” in lines 5-6 of the claim should be amended to recite ---said second quick-release upper strap---. Appropriate correction is required.
Claim 2 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “said quick release band” in lines 6-7 of the claim should be amended to recite ---said at least one quick-release tension band---. Appropriate correction is required.
Claim 6 is objected to because of the following informalities: in order to maintain consistency and clarity throughout the claim(s), “the back garment portion” in line 3 of the claim should be amended to recite ---the rear garment portion---. Appropriate correction is required.
Claim 20 is objected to because of the following informalities: claim 20 recites “each handle comprised of a length of strapping having first and second ends,” which is a claim limitation lacking proper antecedent basis in the specification. This is not an issue of new matter. Applicant should amend the specification to include the cited language to avoid this error. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 5-12, 14, 20, 21 and 35 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites “said at least one quick-release tension band positioned laterally of the portion of said garment body adapted to be located over the wearer’s sternum when worn.” No support is provided for this claim limitation in Applicant’s specification as originally filed. Rather, Applicant’s original disclosure explicitly teaches at least one quick-release tension band being positioned “laterally across the thorax, just below the bottom of the wearer's sternum bone” (see [0061] of the publication of the present application). Claims 2-3, 5-12, 14, 20, 21 and 35 depend on claim 1 and therefore, include the same error.
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 1-3, 5-12, 14, 20, 21 and 35 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 "the portion of said garment body adapted to be located over the wearer’s sternum when worn" in lines 12-13 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claims 2-3, 5-12, 14, 20, 21 and 35 depend on claim 1 and therefore, include the same error.
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.
Claim(s) 1-3, 5-7, 9-11, 14 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shagdar et al. (US 2017/0354530).
In regards to claim 1, Shagdar et al. teaches in Figures 1-4, [0038], [0040-0042] and [0047]
a garment body (garment 10) comprising a front garment portion (anterior portion 60) and a rear garment portion (posterior portion 20), said garment body (garment 10) adapted to wrap at least around the thorax of a wearer during use (as shown in Figures 1 and 2; [0038] teaches “a vest-like garment 10 covering the torso”) with the front garment portion (anterior portion 60) positioned at least over a surgical incision site of the wearer (anterior portion 60 is capable of being positioned at least over a surgical incision site of the wearer in use), said garment body (garment 10) defining arm holes (the holes within garment 10 through which the user’s arms are shown in Figures 1 and 2 to be positioned), and said garment body (garment 10) configured to open (via zipper 66 at opening 76, as taught in [0040]) at the front garment portion (anterior portion 60) of the garment body (garment 10) resulting in a first front edge (as defined in the annotated copy of Figure 4 provided below) and a second front edge (as defined in the annotated copy of Figure 4 provided below);
a fastener (zipper 66) for attaching the two front edges (as defined in the annotated copy of Figure 4 provided below) of the front garment portion (anterior portion 60) of said garment body (garment 10) together ([0040] teaches “the garment 10 is provided an opening 76 that is closed by a zipper 66 at the front;” [0047] teaches “two parts of the anterior portion 60 are joined together by a zipper 66”);
at least one quick-release tension band (elasticized bands 80, 82) located at a portion of said garment body (garment 10) adapted to be worn over a surgical site on the wearer’s chest (the portions of garment 10 at which elasticized bands 80, 82 are located are capable of being worn over a surgical site on the wearer’s chest) for alternately attaching and releasing tension ([0041] teaches “at least two waist bands 80, 82 are provided for the circumference size adjustment by encircling a portion of a wearer's body connecting the anterior portion 60 with the posterior portion 20 of the garment 10;” adjusting the circumference size of the garment 10 would necessarily adjust the tension applied by the garment 10 around the user; [0042] teaches “an adjustable self-gripping mechanism, hook and loop fasteners, such as Velcro, etc., is provided on each band 70, 80, 82 in order to facilitate the size adjustment for the individual's size as well as comfort for compression level the individual desires”) at the front garment portion (anterior portion 60), said at least one quick-release tension band (elasticized bands 80, 82) positioned laterally of (Figure 1 teaches the elasticized bands 80, 82 extending laterally along the garment 10) the portion of said garment body (garment 10) adapted to be located over the wearer’s sternum when worn (the portion of garment 10 that is positioned laterally of elasticized bands 80, 82 is capable of being located over the wearer’s sternum when worn, depending on the size of a particular user) and adapted to apply compressive force to the wearer’s thorax and chest ([0041] teaches “at least two waist bands 80, 82 are provided for the circumference size adjustment by encircling a portion of a wearer's body connecting the anterior portion 60 with the posterior portion 20 of the garment 10;” adjusting the circumference size of the garment 10 would necessarily adjust the tension applied by the garment 10 around the user; elasticized bands 80, 82 are capable of being tensioned on the wearer’s thorax and chest to apply compressive force thereto);
at least one quick-release upper strap (elasticized bands 70) adapted for alternately attaching and releasing ([0041] teaches “height adjusting shoulder bands 70 are provided for adjustably connecting the anterior portion 60 with the posterior portion 20 of the garment 10 by extending over the wearer's shoulder;” [0042] teaches “an adjustable self-gripping mechanism, hook and loop fasteners, such as Velcro, etc., is provided on each band 70, 80, 82 in order to facilitate the size adjustment for the individual's size as well as comfort for compression level the individual desires”) the rear garment portion (posterior portion 20) of the garment (garment 10) to the front garment portion (anterior portion 60) of the garment (garment 10); and
wherein the garment body (garment 10) is adapted upon releasing said at least one quick-release upper strap (elasticized bands 70) to allow the front garment portion (anterior portion 60) to flip downwards and to provide quick or emergency access to the wearer's chest without fully removing (releasing of elasticized bands 70 via the adjustable self-gripping mechanism taught in [0042] enables the anterior portion 60 adjacent the elasticized bands 70 to flip downwards and to provide quick or emergency access to the wearer's chest without fully removing the garment 10) the garment (garment 10).
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In regards to claim 2, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in Figures 1-4 and [0041] that said at least one quick-release upper strap (elasticized bands 70) comprises a first quick-release upper strap (left elasticized band 70, shown in Figure 4) and a second quick-release upper strap (right elasticized band 70, shown in Figure 4), each quick-release upper strap (elasticized bands 70) adapted to be positioned adjacent a shoulder region of the wearer during use (as shown in Figures 1 and 2; [0041] teaches “height adjusting shoulder bands 70 are provided for adjustably connecting the anterior portion 60 with the posterior portion 20 of the garment 10 by extending over the wearer's shoulder”), and wherein the garment body (garment 10) is adapted to allow the front garment portion (anterior portion 60) to flip downwards, as facilitated by release of said first quick release upper strap (left elasticized band 70, shown in Figure 4), said second quick release upper strap (right elasticized band 70, shown in Figure 4), and said quick release tension strap (elasticized bands 80, 82), to provide quick or emergency access to the wearer's chest without fully removing the garment (releasing of elasticized bands 70 and elasticized bands 80, 82 as shown in Figure 4 enables the anterior portion 60 of garment 10 adjacent elasticized bands 70 and elasticized bands 80, 82 to flip downwards and to provide quick or emergency access to the wearer's chest without fully removing the garment 10; zipper 66 is capable of remaining fastened at the bottom edge of the garment 10 such that the garment 10 encircles the user’s body and is not removed therefrom).
In regards to claim 3, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in Figures 1 and 2 that the front garment portion (anterior portion 60) of said garment body (garment 10) is adapted during use to be positioned at least over a surgical incision site near the sternum of the wearer (garment 10 is capable of being worn such that the anterior portion 60 is positioned at least over a surgical incision site near the sternum of the wearer, depending on the size of the wearer).
In regards to claim 5, Shagdar et al. teaches the apparatus of claims 1 and 3. Shagdar et al. teaches in Figures 1 and 2 that the bottoms of the arm holes (the holes within garment 10 through which the user’s arms are shown in Figures 1 and 2 to be positioned) are adapted to be positioned at or below a level of a bottom portion of the wearer's sternum bone (the holes within garment 10 through which the user’s arms are shown in Figures 1 and 2 to be positioned as capable of being positioned at or below a level of a bottom portion of the wearer's sternum bone, depending on the size of the wearer).
In regards to claim 6, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in Figure 2, [0038] and [0041] that said at least one quick-release upper strap (elasticized bands 70) is elastic ([0038] teaches “elasticized bands 70;” [0041] teaches “the shoulder and waist bands 70, 80, 82 are preferably composed of a sturdy elastic material”) and provides tension along a vertical axis between ([0041] teaches “An adjustable self-gripping mechanism, hook and loop fasteners, such as Velcro, etc., is provided on each band 70, 80, 82 in order to facilitate the size adjustment for the individual's size as well as comfort for compression level the individual desires;” Figure 2 teaches the elasticized bands 70 extending vertically in use, and being positioned between the anterior portion 60 and the posterior portion 20) the back garment portion (posterior portion 20) of the garment body (garment 10) and the front garment portion (anterior portion 60) of the garment body (garment 10).
In regards to claim 7, Shagdar et al. teaches the apparatus of claims 1 and 2. Shagdar et al. teaches in Figures 1 and 3 the device further comprising on said rear garment portion (posterior portion 20) a first shoulder tension band (left scapular strap 40) and a second shoulder tension band (right scapular strap 40), said first shoulder tension band (left scapular strap 40) attached and extending from (as shown in Figure 3) said first quick-release upper strap (left elasticized band 70, shown in Figure 4) and attached and ending at a location on (as shown in Figures 1 and 3) the garment body (garment 10) below an arm hole (right hole within garment 10 through which the user’s right arm is shown in Figures 1 and 2 to be positioned) that is located on the opposite side (right side) of the said garment body (garment 10) from said first quick-release upper strap (left elasticized band 70, shown in Figure 4), and said second shoulder tension band (right scapular strap 40) attached and extending from (as shown in Figure 3) said second quick-release upper strap (right elasticized band 70, shown in Figure 4) and attached and ending at a location on (as shown in Figures 1 and 3) the garment body (garment 10) below an arm hole (left hole within garment 10 through which the user’s left arm is shown in Figures 1 and 2 to be positioned) that is located on the opposite side (left side) of said garment body (garment 10) from said second quick-release upper strap (right elasticized band 70, shown in Figure 4), thereby said first shoulder tension band (left scapular strap 40) and said second shoulder tension band (right scapular strap 40) are adapted to form a cross over the shoulder blades of a wearer to create support and equalize tension across the wearer's upper back (as shown in Figure 1).
In regards to claim 9, Shagdar et al. teaches the apparatus of claims 1 and 6. Shagdar et al. teaches in [0042] that the at least one quick-release upper strap (elasticized bands 70) comprises hook-and-loop fasteners ([0042] teaches “an adjustable self-gripping mechanism, hook and loop fasteners, such as Velcro, etc., is provided on each band 70, 80, 82 in order to facilitate the size adjustment for the individual's size as well as comfort for compression level the individual desires”).
In regards to claim 10, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in [0042] that the at least one quick-release tension band (elasticized bands 80, 82) comprises at least one hook-and-loop fastener ([0042] teaches “an adjustable self-gripping mechanism, hook and loop fasteners, such as Velcro, etc., is provided on each band 70, 80, 82 in order to facilitate the size adjustment for the individual's size as well as comfort for compression level the individual desires”).
In regards to claim 11, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in Figure 4 that the fastener (zipper 66) for attaching the first front edge (as defined in the annotated copy of Figure 4 provided above) and the second front edge (as defined in the annotated copy of Figure 4 provided above) of the garment body (garment 10) together is at least one zipper ([0040] teaches “the garment 10 is provided an opening 76 that is closed by a zipper 66 at the front;” [0047] teaches “two parts of the anterior portion 60 are joined together by a zipper 66”).
In regards to claim 14, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in Figure 1, the abstract and [0044] at least one pocket (pocket or a sheath 24) adapted for holding a medical device ([0044] teaches “a pair of vertical, parallel, semi-rigid thoraco-lumbar support stays 30 is disposed in dual sheaths 24 in a posterior panel 22 of the garment 10;” the abstract teaches “support stays and scapular straps are provided in the posterior portion for improving body posture”).
In regards to claim 21, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. teaches in [0068] and Figure 4 that said at least one quick-release tension band (elasticized bands 80, 82) is adapted for release to facilitate lowering of ([0068] teaches “the Velcro male 74, 86 can be removed from the Velcro female 72, 84 to adjust the length of the bands 70, 80, 82;” when elasticized bands 80, 82 are loosened, the entire garment 10 is more loosely positioned on the wearer such that the anterior portion 60 is able to be lowered) said front garment portion (anterior portion 60).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shagdar et al. (US 2017/0354530) in view of Webster et al. (US 2016/0278963).
In regards to claim 8, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. does not teach a first back tension band positioned laterally across the rear garment portion so to lay across the back of a wearer to provide back support and a second back tension band positioned laterally across the rear garment portion to lay across the mid-back of a wearer to provide mid-back support.
However, Webster et al. teaches in Figures 3 and 4 and [0016] an analogous device with a first back tension band (tail panel 150) positioned laterally across the rear garment portion (as shown in Figures 3 and 4) so to lay across the back of a wearer (tail panel 150 is capable of being positioned across the back of a wearer) to provide back support ([0016] teaches the panels, which includes tail panel 150, being “for creating biomechanically effective control zones by textile stabilization”) and a second back tension band (rear panel 142) positioned laterally across the rear garment portion (as shown in Figures 3 and 4) to lay across the mid-back of a wearer (rear panel 142 is capable of being positioned across the mid-back of a wearer) to provide mid-back support ([0016] teaches the panels, which includes rear panel 142, being “for creating biomechanically effective control zones by textile stabilization”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the rear garment portion of Shagdar et al. to include a first back tension band positioned laterally across the rear garment portion so to lay across the back of a wearer to provide back support and a second back tension band positioned laterally across the rear garment portion to lay across the mid-back of a wearer to provide mid-back support as taught by Webster et al. because this element is known to create “biomechanically effective control zones by textile stabilization” and “create biomechanical guidance of movement and freedom of motion for the user,” as Webster et al. teaches in [0016].
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shagdar et al. (US 2017/0354530) in view of Shultz (US 2021/0346188).
In regards to claim 12, Shagdar et al. teaches the apparatus of claims 1 and 12. Shagdar et al. does not teach that said at least one zipper comprises dual separating zippers.
However, Shultz teaches in [0046] an analogous device wherein said at least one zipper comprises dual separating zippers ([0046] teaches “the zipper may be a two way zipper”).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the at least one zipper of Shagdar et al. to comprise dual zippers as taught by Shultz because this element is known to provide “that the garment may zip and/or unzip from the top and bottom of the garment independent of the other end of the garment” such that “a wearer may then be able to unzip the garment a portion of the way from both the bottom and the top ends of the garment, while maintaining the attachment in a middle portion of the garment,” as Shultz teaches in [0046].
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shagdar et al. (US 2017/0354530), in view of WEBB et al. (WO 2018/055362 A2) and further in view of Farnum (US 6,073,280 A).
In regards to claim 20, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. does not teach a first side handle and a second side handle, said first side handle attached below one arm hole and said second side handle attached below the other arm hole, each handle comprised of a length of strapping having first and second ends, sewn or glued at each end to said garment body, to allow stabilization and adjustment of wearer by a caregiver.
However, WEBB et al. teaches in Figure 1 and page 9, lines 21-30 an analogous device with a first side handle (side handle 30) and a second side handle (side handle 30’), said first side handle (side handle 30) attached below (as shown in Figure 1) one arm hole (arm hole 32) and said second side handle (side handle 30’) attached below (as shown in Figure 1) the other arm hole (arm hole 32’), each handle (side handles 30, 30') comprised of a length of strapping having first and second ends (each of the side handles 30, 30' is shown in Figure 1 to comprise a length of material that extends between top and bottom ends), attached at each end to (as shown in Figure 1) said garment body (garment 2), to allow stabilization and adjustment of wearer by a caregiver (as taught in page 9, lines 21-30).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the garment body of Shagdar et al. to include a first side handle and a second side handle, said first side handle attached below one arm hole and said second side handle attached below the other arm hole, each handle comprised of a length of strapping having first and second ends, sewn or glued at each end to said garment body, to allow stabilization and adjustment of wearer by a caregiver as taught by WEBB et al. because this element is known to enable “a carer or member of medical staff may manoeuvre” the wearer as necessary, as WEBB et al. teaches in page 9, lines 21-30.
Shagdar et al. and WEBB et al. do not teach that each handle is attached by being sewn or glued at each end to said garment body.
However, Farnum teaches in Figures 1-3 and column 2, lines 16-48 an analogous device wherein each handle (handle straps 15 and 16) is attached by being sewn or glued at each end to said garment body (as taught in column 2, lines 16-48).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the handles of Shagdar et al. as modified by WEBB et al. such that each handle is attached by being sewn or glued at each end to said garment body as taught by Farnum because this element is known to comprise “a fastening for securing the strap portions to each other and to the pad portion 12,” as Farnum teaches in column 3, lines 29-31.
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shagdar et al. (US 2017/0354530) in view of Mariani (US 5,954,557 A).
In regards to claim 35, Shagdar et al. teaches the apparatus of claim 1. Shagdar et al. does not teach a first chest handle and a second chest handle, said first chest handle placed vertically over said at least one quick-release tension band adjacent the first front edge and said second chest handle placed vertically over said at least one quick-release tension band adjacent the second front edge, to allow a caregiver to help adjust and move a wearer and to allow the wearer to apply compression by themself by pulling the first and the second chest handles together.
However, Mariani teaches in Figure 5 an analogous device with a first chest handle (left loop strap 44; can be considered a “handle” inasmuch as it is capable of being grasped manually) and a second chest handle (right loop strap 44; can be considered a “handle” inasmuch as it is capable of being grasped manually), said first chest handle (left loop strap 44; can be considered a “handle” inasmuch as it is capable of being grasped manually) placed vertically over (as shown in Figure 5) said at least one quick-release tension band (straps 40) adjacent (near, as shown in Figure 5) the first front edge (left extent of the zipper adjacent vertical opening 32) and said second chest handle (right loop strap 44; can be considered a “handle” inasmuch as it is capable of being grasped manually) placed vertically over (as shown in Figure 5) said at least one quick-release tension band (straps 40) adjacent (near, as shown in Figure 5) the second front edge (right extent of the zipper adjacent vertical opening 32), to allow a caregiver to help adjust and move a wearer (the left and right loop straps 44 are capable of being manually grasped by a caregiver to assist in adjusting or moving a wearer of the device) and to allow the wearer to apply compression by themself by pulling the first and the second chest handles (left and right loop straps 44) together (a wearer is capable of manually grasping the left and right loop straps 44 and pulling them toward each other in order to increase compression around the user’s torso).
It would have been obvious to one having ordinary skill in the art before the effective filing of the present invention to modify the garment of Shagdar et al. to include a first chest handle and a second chest handle, said first chest handle placed vertically over said at least one quick-release tension band adjacent the first front edge and said second chest handle placed vertically over said at least one quick-release tension band adjacent the second front edge, to allow a caregiver to help adjust and move a wearer and to allow the wearer to apply compression by themself by pulling the first and the second chest handles together as taught by Mariani because this element is known to hold the at least one quick-release tension band at a proper height orientation, as Mariani teaches in column 4, lines 27-31.
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 VICTORIA H FISHER whose telephone number is (571)270-7033. The examiner can normally be reached M-TH 6:00AM-4:00PM EST.
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/VICTORIA HICKS FISHER/Primary Examiner, Art Unit 3786 1/27/2026