DETAILED ACTION
Applicant’s arguments, filed on 05/15/2025, have been fully considered. The following rejections and/or objections are either reiterated or newly applied. They constitute the complete set presently being applied to the instant application.
Applicants have amended their claims, filed on 05/15/2025, and therefore rejections newly made in the instant office action have been necessitated by amendment.
Claims 1-17 are the current claims hereby under examination.
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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 120 as follows:
This application makes reference to or appears to claim subject matter disclosed in Application No. 16/410417, filed May 13, 2019; Application No. 15052744, filed February 24, 2016; and Application No. 62/119999, filed February 24, 2015. If applicant desires to claim the benefit of a prior-filed application under 35 U.S.C. 119(e), 120, 121, 365(c) or 386(c), the instant application must contain, or be amended to contain, a specific reference to the prior-filed application in compliance with 37 CFR 1.78. If the application was filed before September 16, 2012, the specific reference must be included in the first sentence(s) of the specification following the title or in an application data sheet (ADS) in compliance with pre-AIA 37 CFR 1.76; if the application was filed on or after September 16, 2012, the specific reference must be included in an ADS in compliance with 37 CFR 1.76. For benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c), the reference must include the relationship (i.e., continuation, divisional, or continuation-in-part) of the applications.
If the instant application is a utility or plant application filed under 35 U.S.C. 111(a), the specific reference must be submitted during the pendency of the application and within the later of four months from the actual filing date of the application or sixteen months from the filing date of the prior application. If the application is a national stage application under 35 U.S.C. 371, the specific reference must be submitted during the pendency of the application and within the later of four months from the date on which the national stage commenced under 35 U.S.C. 371(b) or (f), four months from the date of the initial submission under 35 U.S.C. 371 to enter the national stage, or sixteen months from the filing date of the prior application. See 37 CFR 1.78(a)(4) for benefit claims under 35 U.S.C. 119(e) and 37 CFR 1.78(d)(3) for benefit claims under 35 U.S.C. 120, 121, 365(c), or 386(c). This time period is not extendable and a failure to submit the reference required by 35 U.S.C. 119(e) and/or 120, where applicable, within this time period is considered a waiver of any benefit of such prior application(s) under 35 U.S.C. 119(e), 120, 121, 365(c), and 386(c). A benefit claim filed after the required time period may be accepted if it is accompanied by a grantable petition to accept an unintentionally delayed benefit claim under 35 U.S.C. 119(e) (see 37 CFR 1.78(c)) or under 35 U.S.C. 120, 121, 365(c), or 386(c) (see 37 CFR 1.78(e)). The petition must be accompanied by (1) the reference required by 35 U.S.C. 120 or 119(e) and by 37 CFR 1.78 to the prior application (unless previously submitted), (2) the applicable petition fee under 37 CFR 1.17(m)(1) or (2), and (3) a statement that the entire delay between the date the benefit claim was due under 37 CFR 1.78 and the date the claim was filed was unintentional. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application. The Director may require additional information where there is a question whether the delay was unintentional. The petition should be addressed to: Mail Stop Petition, Commissioner for Patents, P.O. Box 1450, Alexandria, Virginia 22313-1450.
If the reference to the prior application was previously submitted within the time period set forth in 37 CFR 1.78 but was not included in the location in the application required by the rule (e.g., if the reference was submitted in an oath or declaration or the application transmittal letter), and the information concerning the benefit claim was recognized by the Office as shown by its inclusion on the first filing receipt, the petition under 37 CFR 1.78 and the petition fee under 37 CFR 1.17(m)(1) or (2) are not required. Applicant is still required to submit the reference in compliance with 37 CFR 1.78 by filing an ADS in compliance with 37 CFR 1.76 with the reference (or, if the application was filed before September 16, 2012, by filing either an amendment to the first sentence(s) of the specification or an ADS in compliance with pre-AIA 37 CFR 1.76). See MPEP § 211.02.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rapp (US Patent Application Publication Number 20160242964).
Regarding independent claim 1, Rapp teaches a pressure-sensing compression bandage (Abstract: “A pressure-sensing compression bandage having a plurality of pressure sensors provided to indicate the pressures applied by and/or the pressure gradient created by, the applied bandage at various locations along its length when the bandage is applied to a limb or other extremity.”), comprising:
a) a plurality of bandage layers comprising an elastic layer ([0031]: “The exemplary compression bandage embodiments described herein preferably include multiple layers, such as but not limited to a comfort layer to be located at or near the skin surface, an elastic compression layer, and a sensor layer.”); the elastic layer comprising a plurality of zones of different elasticities for each zone (Fig. 4; [0064]: “this exemplary elastic layer 45 includes three areas 45a, 45b, 45c of differing elasticity”), wherein a quantity and/or a size of perforations control elasticity of each zone ([0065]: “The areas 45a, 45b, 45c of differing elasticity are produced, in this exemplary embodiment, by selectively imparting the elastic material with perforations of different sizes and or number”); and
b) a plurality of spaced apart pressure sensors disposed on at least one of the bandage layers ([0032]: “A sensor assembly is also present and preferably includes a series of spaced apart pressure sensors that are attached to or embedded in a mesh material or some other suitable fabric, etc., such as for example, to/in the material forming the comfort layer. Alternatively, the sensors may be trapped between one material layer and an adjacent material layer (e.g., a comfort layer and overlying elastic compression layer, or an outer layer and an underlying elastic compression layer).”), wherein wrapping of the pressure-sensing compression bandage about a target object activates one or more of the plurality of pressure sensors to transmit electrical signals to a monitor-controller configured to receive the electrical signals (Claim 1: “a monitor-controller configured to receive electrical signals from the pressure sensors”); the monitor-controller adapted to display visual pressure readings sensed by the plurality of pressure sensors to a user, thereby providing the user of the monitor-controller ability to use the visual pressure reading and adjust the pressure-sensing compression bandage (Claim 1: “a monitor-controller configured to receive electrical signals from the pressure sensors and adapted to display pressure readings to a user based on the received electrical signals.”).
Regarding claim 2, Rapp teaches the pressure-sensing compression bandage of claim 1, wherein the monitor-controller is a portable device that is configured to communicate with the plurality of pressure sensors by direct connection to electrical leads or by wireless communication (Claim 25: “the monitor-controller is a portable device that communicates with the plurality of pressure sensors by direct connection to electrical leads associated therewith or by wireless communication.”).
Regarding claim 3, Rapp teaches the pressure-sensing compression bandage of claim 2, wherein:
a) the plurality of pressure sensors are of a type selected from the group consisting of a force-sensitive resistor, a piezoelectric sensor, and a strain gauge (Claim 17: “he plurality of pressure sensors are of a type selected from the group consisting of a force-sensitive resistor, a piezoelectric sensor, and a strain gage.”); or
b) the material used to print the force-sensing resistor components and associated electrical leads is an ink material selected from the group 23 consisting of a conductive polymer, a piezoresistive substance, a dielectric material, 24 silver, silver chloride, and carbon (Claim 21: “the material used to print the force-sensing resistor components and associated electrical leads is an ink material selected from the group consisting of a conductive polymer, a piezoresistive substance, a dielectric material, silver, silver chloride, and carbon.”).
Regarding claim 4, Rapp teaches the pressure-sensing compression bandage of claim 3, wherein the monitor-controller is a programmed mobile device that communicates with the plurality of pressure sensors via a wireless communications protocol (Claim 26: “the monitor-controller is an appropriately programmed mobile phone that communicates with the pressure sensors via a communication protocol selected from the group consisting of Bluetooth®, WiFi, and near field communications.”).
Regarding claim 5, Rapp teaches the pressure-sensing compression bandage of claim 4, wherein spacing and number of perforations is sequentially increased or decreased to create a stretch of each zone and to control cumulative stretch of the elastic layer ([0065]: “The spacing and number of perforations may be sequentially increased or decreased to change the amount of stretch in the elastic layer”).
Regarding claim 6, Rapp teaches the pressure-sensing compression bandage of claim 5 further comprising the elastic layer, a comfort layer and an outer layer (Claim 30: “A pressure-sensing compression bandage, comprising: at least an inner comfort layer, an elastic compression layer, and an outer layer”).
Regarding claim 7, Rapp teaches the pressure-sensing compression bandage of claim 6, wherein one or more of the comfort layer, outer layer and elastic layer are provided with an antimicrobial substance ([0102]: “Pressure-sensing compression bandage embodiments may also be employed in more invasive interventions to address skin breakdown, infection and ulceration, such as by applying topical medications in conjunction with a pressure-sensing compression bandage.”).
Regarding claim 8, Rapp teaches the pressure-sensing compression bandage of claim 7, wherein:
a) the comfort layer's interior surface is provided with an adhesive disposed as a coating, or in a striped or stippled pattern (Claim 6: “a mild adhesive located on an interior surface of the inner comfort layer, the adhesive disposed as a coating, or in a striped or stippled pattern.”); or
b) a first distinct color and a second distinct color applied to the outer layer, wherein covering the first distinct color with the second distinct color assists with precise wrapping of the pressure-sensing compression bandage (Claim 16: “wherein the one or more markings comprise areas of contrasting color that extend lengthwise along the outer layer.”; Claim 15: “the outer layer includes one or more markings adapted to aid a user in properly overlapping the pressure-sensing compression bandage during application thereof to the target object.”); or
c) an innermost layer disposed along an interior side of the comfort layer ([0031]: “An optional custom insert/layer may also form a localized, intermittent or continuous layer along the interior surface of the comfort layer for the purpose of, without limitation, fluid absorption, improving wound or scar healing, or other therapeutic purposes”).
Regarding independent claim 9, Rapp teaches a pressure-sensing compression bandage (Abstract: “A pressure-sensing compression bandage having a plurality of pressure sensors provided to indicate the pressures applied by and/or the pressure gradient created by, the applied bandage at various locations along its length when the bandage is applied to a limb or other extremity.”), comprising:
a) a plurality of bandage layers comprising an elastic layer ([0031]: “The exemplary compression bandage embodiments described herein preferably include multiple layers, such as but not limited to a comfort layer to be located at or near the skin surface, an elastic compression layer, and a sensor layer.”); the elastic layer comprising a plurality perforations ([0065]: “The areas 45a, 45b, 45c of differing elasticity are produced, in this exemplary embodiment, by selectively imparting the elastic material with perforations of different sizes and or number”); and
b) a plurality of spaced apart pressure sensors disposed on at least one of the bandage layers ([0032]: “A sensor assembly is also present and preferably includes a series of spaced apart pressure sensors that are attached to or embedded in a mesh material or some other suitable fabric, etc., such as for example, to/in the material forming the comfort layer. Alternatively, the sensors may be trapped between one material layer and an adjacent material layer (e.g., a comfort layer and overlying elastic compression layer, or an outer layer and an underlying elastic compression layer).”), wherein wrapping of the pressure-sensing compression bandage about a target object activates one or more of the plurality of pressure sensors to transmit electrical signals to a monitor-controller configured to receive the electrical signals (Claim 1: “a monitor-controller configured to receive electrical signals from the pressure sensors”); the monitor-controller adapted to display visual pressure readings sensed by the plurality of pressure sensors to a user, thereby providing the user of the monitor-controller ability to use the visual pressure reading and adjust the pressure-sensing compression bandage (Claim 1: “a monitor-controller configured to receive electrical signals from the pressure sensors and adapted to display pressure readings to a user based on the received electrical signals.”).
Regarding claim 10, Rapp teaches the pressure-sensing compression bandage of claim 9, wherein the monitor-controller is a portable device that is configured to communicate with the plurality of pressure sensors by direct connection to electrical leads or by wireless communication (Claim 25: “the monitor-controller is a portable device that communicates with the plurality of pressure sensors by direct connection to electrical leads associated therewith or by wireless communication.”).
Regarding claim 11, Rapp teaches the pressure-sensing compression bandage of claim 10, wherein:
a) the plurality of pressure sensors are of a type selected from the group consisting of a force-sensitive resistor, a piezoelectric sensor, and a strain gauge (Claim 17: “he plurality of pressure sensors are of a type selected from the group consisting of a force-sensitive resistor, a piezoelectric sensor, and a strain gage.”); or
b) the material used to print the force-sensing resistor components and associated electrical leads is an ink material selected from the group consisting of a conductive polymer, a piezoresistive substance, a dielectric material, silver, silver chloride, and carbon (Claim 21: “the material used to print the force-sensing resistor components and associated electrical leads is an ink material selected from the group consisting of a conductive polymer, a piezoresistive substance, a dielectric material, silver, silver chloride, and carbon.”).
Regarding claim 12, Rapp teaches the pressure-sensing compression bandage of claim 11, wherein the monitor-controller is a programmed mobile device that communicates with the pressure sensors via a wireless communications protocol (Claim 26: “the monitor-controller is an appropriately programmed mobile phone that communicates with the pressure sensors via a communication protocol selected from the group consisting of Bluetooth®, WiFi, and near field communications.”).
Regarding claim 13, Rapp teaches the pressure-sensing compression bandage of claim 11; the elastic layer comprising zones of different elasticities for each zone, wherein a quantity and/or a size of the perforations control elasticity of each zone ([0065]: “The areas 45a, 45b, 45c of differing elasticity are produced, in this exemplary embodiment, by selectively imparting the elastic material with perforations of different sizes and or number”).
Regarding claim 14, Rapp teaches the pressure-sensing compression bandage of claim 13, wherein spacing and number of perforations is sequentially increased or decreased to create a stretch of each zone and to control cumulative stretch of the elastic layer ([0065]: “The spacing and number of perforations may be sequentially increased or decreased to change the amount of stretch in the elastic layer”).
Regarding claim 15, Rapp teaches the pressure-sensing compression bandage of claim 14 further comprising the elastic layer, a comfort layer and an outer layer (Claim 30: “A pressure-sensing compression bandage, comprising: at least an inner comfort layer, an elastic compression layer, and an outer layer”).
Regarding claim 16, Rapp teaches the pressure-sensing compression bandage of claim 15, wherein one or more of the comfort layer, outer layer and elastic layer are provided with an antimicrobial substance ([0102]: “Pressure-sensing compression bandage embodiments may also be employed in more invasive interventions to address skin breakdown, infection and ulceration, such as by applying topical medications in conjunction with a pressure-sensing compression bandage.”).
Regarding claim 17, Rapp teaches the pressure-sensing compression bandage of claim 16, wherein:
a) the comfort layer's interior surface is provided with an adhesive disposed as a coating, or in a striped or stippled pattern (Claim 6: “a mild adhesive located on an interior surface of the inner comfort layer, the adhesive disposed as a coating, or in a striped or stippled pattern.”); or
b) a first distinct color and a second distinct color applied to the outer layer, wherein covering the first distinct color with the second distinct color assists with precise wrapping of the pressure-sensing compression bandage (Claim 16: “wherein the one or more markings comprise areas of contrasting color that extend lengthwise along the outer layer.”; Claim 15: “the outer layer includes one or more markings adapted to aid a user in properly overlapping the pressure-sensing compression bandage during application thereof to the target object.”); or
c) an innermost layer disposed along an interior side of the comfort layer ([0031]: “An optional custom insert/layer may also form a localized, intermittent or continuous layer along the interior surface of the comfort layer for the purpose of, without limitation, fluid absorption, improving wound or scar healing, or other therapeutic purposes”).
Response to Arguments
Since only claim amendments and no arguments are presented, the Examiner will treat the response as taking the position that the claim amendments and/or the new claim of domestic priority as presented in the Application Data Sheet filed on 5/15/2025 overcome the drawing and claim objections, the 112 rejections, and the prior art rejections.
The amended drawing and claim amendments overcome the drawing and claim objections and the 112(b) rejections, and therefore the objections and 112(b) rejections are withdrawn.
With respect to the prior art rejections, the priority claim was not accepted. Thus, Rapp is still considered prior art against the present application and the prior art rejections based on Rapp are maintained.
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 ERIN K MCCORMACK whose telephone number is (703)756-1886. The examiner can normally be reached Mon-Fri 7:30-5.
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/E.K.M./Examiner, Art Unit 3791
/MATTHEW KREMER/Primary Examiner, Art Unit 3791