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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/797,710, filed on 08/04/2022.
Response to Amendment
Claims 14-20, 22-26 and 28-29 are currently pending in the application, claims 1-13, 21 and 27 having been canceled, acknowledgement is made to newly added claim 29.
The Amendments under 37 CFR 1.132 filed 12/03/2025 is sufficient to overcome the rejection of claims 14-28 based upon the current art failing to teach all aspects of the amended claims.
Response to Arguments
Applicant’s arguments, see Remarks, filed 12/03/2025, with respect to the rejection(s) of claim(s) 14 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2), Juta (US 20090125086 A1), and further in view of Buckingham (US 20060249407 A1).
Wilson teaches a radially continuous elasticated textile sleeve ([abstract] the inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] the continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location).
Further, Juta teaches custom shaped and sized textile receptacles ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like) and custom shaped and sized textile receptacles containing a matching custom shaped and sized hot & cold thermal storage medium ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like); the radially-continuous elasticated textile sleeve including an upper portion adjacent the upper axial end which does not overlap any of the at least two enclosed textile receptacles in a radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the upper portion ([0058] The tightening portion 4 is preferably prepared by using the same fabric as that of the holder, but changing the knitting method to impart a tightening force, or by using a rubber material. The method is not particularly limited, however, as long as it can impart a tightening force) ([0059] The tightening portion 4 may be formed on one end of the holder 1, as shown in FIG. 1. Alternatively, as shown in FIG. 6, tightening portions 4 may be formed on both ends of the holder 1); provided with ribbing at one or both ends thereof ([0097] a tightening portion 109 is provided in the wrist region of the holder 101, so as to facilitate fixing of the holder 101 (see FIG. 15). The accommodating portion 105 for the chemical warmer 102 is preferably formed in the tightening portion 109. As shown in FIG. 17, however, tightening portions may also be formed as annular regions 109a in a number of one to several lines, such as, for example, one to three lines, so as to reduce the area actually used for tightening. Moreover, as shown in FIGS. 7 and 8 with respect to the first aspect of the invention, tightening portions may also be formed spirally or in a crisscross fashion), and the at least two enclosed, custom shaped and sized textile receptacles are shaped as one of circular, oblong, tapered, kidney-shaped, teardrop-shaped, or having at least one aperture extending therethrough ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like).
Buckingham teaches the custom shaped and sized hot & cold thermal storage medium is a gel ([0047] The gel material may be any suitable and approved freezer gel material formula, such as 84.9% water, 10% propylene glycol, 5% carboxymethyl cellulose sodium).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 14, 15, 22, 25, 28, and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2) and further in view of Juta (US 20090125086 A1), further in view of Buckingham (US 20060249407 A1).
Regarding claim 14, Brunson teaches a reusable medical device comprising: an elasticated textile sleeve having at least one opening at an upper axial end into which a limb may be inserted (Fig 1; sleeve 12 fits securely around, and conforms substantially to, the shape of leg 14, which tapers inwardly from thigh portion 20 to calf portion 22); and at least two enclosed textile receptacles on an internal surface of the elasticated textile sleeve (FIG. 3; Sleeve 13 may include two ice packs or containers 16a and 16b fastened to two elastic sheets 18a and 18b), the at least two enclosed textile receptacles containing a hot & cold thermal storage medium ([3] Sleeve 12 may include a container 16 for holding a coolant material (not explicitly shown). In an aspect of the invention, container 16 may comprise an ice pack for holding ice, or a chemical gel that functions to generate cold. In another aspect of the invention, container 16 may comprise a heat pack or other appropriate container for holding a heated material (not explicitly shown)) permanently attached to the elasticated textile sleeve of the device thereby ensuring the hot & cold thermal storage medium is localized and does not shift position during use ([3] A sheet 18 may be constructed of an elastic material that can be fixedly (not removably) attached to each side of container 16 to form, in combination with container 16, therapeutic sleeve 12) ([4] Furthermore, the elastic function of therapeutic sleeve 12 provides substantial structural support to stabilize the affected limb and also hold container 16 against the limb with a substantially evenly distributed pressure adjacent the limb) and the at least two enclosed textile receptacles position the localized hot & cold thermal storage medium to treat at least one of muscle groups, ligaments and tendons of a given area of the inserted limb ([3] therapeutic sleeve 12 is shown positioned specifically to chill the knee region of leg 14) and wherein an inner textile layer comprises an elastic material ([4] Because sheet 18 is constructed of an elastic material, therapeutic sleeve 12 conforms substantially to the shape of the patient's limb (e.g., leg 14) and maintains a proper and stable fit around the affected area of the limb) ([15] Innermost layer 47, which is used to form waterproof bag 38, may be constructed of a sheet of polyethylene or other appropriate waterproof material), the elasticated textile sleeve is continuous ([17] the present sleeve has two openings through which the limb is passed) ([22] An important technical advantage of the invention is that the present sleeve can be slipped onto a person's limb using one hand).
Brunson fails to teach a radially continuous elasticated textile sleeve; custom shaped and sized textile receptacles; custom shaped and sized textile receptacles containing a matching custom shaped and sized hot & cold thermal storage medium; an inner textile layer of the at least two enclosed textile receptacles comprise an elastic material; the elasticated textile sleeve is with uniform elasticity in a radial direction, and the radially-continuous elasticated textile sleeve including an upper portion adjacent the upper axial end which does not overlap any of the at least two enclosed textile receptacles in a radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the upper portion, the custom shaped and sized hot & cold thermal storage medium is a gel; the custom shaped and sized hot & cold thermal storage medium is a gel, the radially-continuous elasticated textile sleeve is provided with ribbing at one or both ends thereof, and the at least two enclosed, custom shaped and sized textile receptacles are shaped as one of circular, oblong, tapered, kidney-shaped, teardrop-shaped, or having at least one aperture extending therethrough.
However, Wilson teaches a radially continuous elasticated textile sleeve ([abstract] the inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] the continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location), and the radially continuous elasticated textile sleeve is continuous with uniform elasticity in a radial direction ([abstract] The inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] The continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a radially continuous elasticated textile sleeve; an inner textile layer of the at least two enclosed textile receptacles comprise an elastic material; the elasticated textile sleeve is with uniform elasticity in a radial direction. Doing so would allow a limb to be slipped inside the sleeve and be evenly compressed by the elastic.
Further, Juta teaches at least two enclosed, custom shaped and sized textile receptacles ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like); custom shaped and sized textile receptacles containing a matching custom shaped and sized hot & cold thermal storage medium ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like); and the radially-continuous elasticated textile sleeve including an upper portion adjacent the upper axial end which does not overlap any of the at least two enclosed textile receptacles in a radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the upper portion ([0058] The tightening portion 4 is preferably prepared by using the same fabric as that of the holder, but changing the knitting method to impart a tightening force, or by using a rubber material. The method is not particularly limited, however, as long as it can impart a tightening force) ([0059] The tightening portion 4 may be formed on one end of the holder 1, as shown in FIG. 1. Alternatively, as shown in FIG. 6, tightening portions 4 may be formed on both ends of the holder 1); the sleeve is provided with ribbing at one or both ends thereof ([0097] a tightening portion 109 is provided in the wrist region of the holder 101, so as to facilitate fixing of the holder 101 (see FIG. 15). The accommodating portion 105 for the chemical warmer 102 is preferably formed in the tightening portion 109. As shown in FIG. 17, however, tightening portions may also be formed as annular regions 109a in a number of one to several lines, such as, for example, one to three lines, so as to reduce the area actually used for tightening. Moreover, as shown in FIGS. 7 and 8 with respect to the first aspect of the invention, tightening portions may also be formed spirally or in a crisscross fashion), and the at least two enclosed, custom shaped and sized textile receptacles are shaped as one of circular, oblong, tapered, kidney-shaped, teardrop-shaped, or having at least one aperture extending therethrough ([0119] In the invention, the size of the inner bag 111 is not particularly limited, and may be selected to suit the shape, size or the like of the chemical warmer accommodating portion (or pocket). The shape of the inner bag 111 is also not limited to a rectangular shape, but may be circular, oval, flap-shaped, heart-shaped, or the like). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include custom shaped and sized textile receptacles; the at least two enclosed, custom shaped and sized textile receptacles containing a matching custom shaped and sized hot & cold thermal storage medium; the radially-continuous elasticated textile sleeve including an upper portion adjacent the upper axial end which does not overlap any of the at least two enclosed textile receptacles in a radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the upper portion; the textile is provided with ribbing at one or both ends thereof, and the at least two enclosed, custom shaped and sized textile receptacles are shaped as one of circular, oblong, tapered, kidney-shaped, teardrop-shaped, or having at least one aperture extending therethrough. Doing so may form custom shaped receptacles that will hold the storage medium securely and from a ribbing that creates a tightening effect continuously around the sleeve (Juta [0059]).
Further, it would have been an obvious matter of design choice to make the different portions of the at least two enclosed, custom shaped and sized textile receptacles of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Further, Buckingham teaches the custom shaped and sized hot & cold thermal storage medium is a gel ([0047] The gel material may be any suitable and approved freezer gel material formula, such as 84.9% water, 10% propylene glycol, 5% carboxymethyl cellulose sodium). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include the custom shaped and sized hot & cold thermal storage medium is a gel. Doing so creates a mixed medium that is efficient at temperature regulation.
Regarding claim 15, Brunson teaches the medical device of claim 14, wherein the shape of the at least one textile receptacle is from the group comprising oblong-shaped, kidney-shaped, keyhole-shaped and teardrop-shaped (Fig 2; container 16) ([11] forming in combination with container 16, a substantially tubular-shaped structure for sleeve 12).
Regarding claim 22, Brunson teaches the medical device of claim 14, but fails to teach wherein the gel comprises water and propylene glycol. However, Buckingham teaches wherein the gel comprises water and propylene glycol ([0047] The gel material may be any suitable and approved freezer gel material formula, such as 84.9% water, 10% propylene glycol, 5% carboxymethyl cellulose sodium). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include propylene glycol and water in the gel. Doing so enhances the gel thermal properties and heat retention.
Regarding claim 25, Brunson teaches the medical device of claim 14, wherein the textile body comprises a sleeve which is open at both ends (Fig 2; sleeve 12 fits securely around, and conforms substantially to, the shape of leg 14, which tapers inwardly from thigh portion 20 to calf portion 22), but fails to fully teach the radially continuous textile body. However, Wilson teaches a radially continuous elasticated textile sleeve ([abstract] the inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] the continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a radially continuous elasticated textile sleeve. Doing so would allow a limb to be slipped inside the sleeve and be evenly compressed by the elastic.
Regarding claim 28, Brunson teaches the reusable medical device of claim 1, but fails to fully teach wherein the radially-continuous elasticated textile sleeve includes a lower portion, at an axial lower end opposite the axial upper end, which does not overlap any of the at least two enclosed textile receptacles in the radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the lower portion.
However, Juta teaches the radially-continuous elasticated textile sleeve includes a lower portion, at an axial lower end opposite the axial upper end, which does not overlap any of the at least two enclosed textile receptacles in the radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the lower portion ([0058] The tightening portion 4 is preferably prepared by using the same fabric as that of the holder, but changing the knitting method to impart a tightening force, or by using a rubber material. The method is not particularly limited, however, as long as it can impart a tightening force) ([0059] The tightening portion 4 may be formed on one end of the holder 1, as shown in FIG. 1. Alternatively, as shown in FIG. 6, tightening portions 4 may be formed on both ends of the holder 1). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include the radially-continuous elasticated textile sleeve including the radially-continuous elasticated textile sleeve includes a lower portion, at an axial lower end opposite the axial upper end, which does not overlap any of the at least two enclosed textile receptacles in the radial direction such that the radially-continuous elasticated textile sleeve provides a seamless, uniform compression around all 360 degrees of the lower portion. Doing so may form a tightening effect continuously around the sleeve (Juta [0059]).
Regarding claim 29, Brunson teaches reusable medical device of claim 14, but fails to teach wherein the storage medium comprises 60-70% water, 20-35% propylene glycol, and up to 5% sodium carboxymethyl cellulose.
However, Buckingham teaches wherein the storage medium comprises 60-70% water, 20-35% propylene glycol, and up to 5% sodium carboxymethyl cellulose ([0047] The gel material may be any suitable and approved freezer gel material formula, such as 84.9% water, 10% propylene glycol, 5% carboxymethyl cellulose sodium). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the storage medium comprises 60-70% water, 20-35% propylene glycol, and up to 5% sodium carboxymethyl cellulose. Doing so creates a mixed medium that is efficient at temperature regulation.
Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to wherein the storage medium comprises 60-70% water, 20-35% propylene glycol, and up to 5% sodium carboxymethyl cellulose, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2) and further in view of Juta (US 20090125086 A1) and Buckingham (US 20060249407 A1), further in view of Gruber (US 20110224762 A1).
Regarding claim 16, Brunson teaches the medical device of claim 14, but fails to fully teach wherein the at least one textile receptacle each has at least one aperture extending through the respective receptacle. However, Gruber teaches (Fig 6; [0025] hole 52 is included within the middle of the temperature pack. The hole 52 serves two purposes. First, it allows for the temperature pack 50 to comfortably fit around certain body parts such as the elbow). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the at least one textile receptacle has at least one aperture extending through the receptacle. Doing so allows the textile to conform to limbs that would need an aperture.
Claim(s) 17-20, and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2) and further in view of Juta (US 20090125086 A1) and Buckingham (US 20060249407 A1), further in view of Davis (US 5906637 A).
Regarding claim 17, Brunson teaches the medical device of claim 14, but fails to fully teach wherein the elasticated textile sleeve comprises an inner textile layer and an outer textile layer, and wherein the at least one textile receptacle is welded to the inner textile layer. However, Davis teaches wherein the elasticated textile sleeve comprises an inner textile layer and an outer textile layer, and wherein the at least one textile receptacle is welded to the inner textile layer (Fig 2; [20] Body-facing laminate 92 is then fixedly attached to outer surface laminate 93 with one or more individual heat cells 75, preferably one or more thermal packs 22, interposed therebetween, by hot melt adhesive layer 60, to form wrap 10). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the elasticated textile sleeve comprises an inner textile layer and an outer textile layer, and wherein the at least one textile receptacle is welded to the inner textile layer. Doing so creates continuity between the receptacle and the rest of the sleeve.
Further, Brunson fails to fully teach the radially continuous textile body. However, Wilson teaches a radially continuous elasticated textile sleeve ([abstract] the inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] the continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a radially continuous elasticated textile sleeve. Doing so would allow a limb to be slipped inside the sleeve and be evenly compressed by the elastic.
Regarding claim 18, Brunson and the combination teaches the medical device of claim 17, but fails to fully teach wherein the outer textile layer comprises a polyamide and elastic. However, Davis teaches wherein the outer textile layer comprises a polyamide and elastic ([26] Polymers such as polyolefins, polyamides, polyesters, and rubbers (i. e., styrene butadiene rubber, polybutadiene rubber, polychloroprene rubber, nitrile rubber and the like) have been found to be suitable, but not limited to, materials for forming the first and second strands of elastic member 36 and/or 39). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the outer textile layer comprises a polyamide and elastic. Doing so allows the layer to elastically conform to the patient.
Regarding claim 19, Brunson and the combination teaches the medical device of claim 17, but fails to fully teach wherein the outer textile layer further comprises wool. However, Davis teaches wherein the outer textile layer further comprises wool ([29] For ease of manufacture and cost efficiency, carrier layers 37, 38, 40, and/or 41 are preferably formed from, but not limited to, a non-woven fabric having fibers formed, for example, from polyethylene, polypropylene, polyethylene terepthalate, nylon, rayon, cotton or wool). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the outer textile layer further comprises wool. Doing so adds to the comfort of the layer that is in contact with the skin of the patient.
Regarding claim 20, Brunson and the combination teaches the medical device of claim 14, but fails to fully teach wherein the inner textile layer comprises cotton. However, Davis teaches wherein the inner textile layer comprises cotton ([29] For ease of manufacture and cost efficiency, carrier layers 37, 38, 40, and/or 41 are preferably formed from, but not limited to, a non-woven fabric having fibers formed, for example, from polyethylene, polypropylene, polyethylene terepthalate, nylon, rayon, cotton or wool). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the inner textile layer comprises cotton. Doing so adds to the comfort of the layer that is in contact with the skin of the patient.
Regarding claim 23, Brunson teaches the medical device of claim 14, wherein the receptacle is formed from a polyamide. However, Davis teaches wherein the receptacle is formed from a polyamide ([86] Thermal pack 22 may be made of any number of thermoplastic materials; however, it is preferred that base material 70 and/or cover material 72 be made of thermoplastic materials which are semirigid at a temperature of about 25 degree. C. and below and which soften, i.e., become substantially less rigid, at a temperature above about 25 degree. C. Different materials may be capable of satisfying the specified requirement provided that the thickness is adjusted accordingly. Such materials include, but are not limited to, polyethylene, polypropylene, nylon, polyester, polyvinyl chloride, polyvinylidene chloride, polyurethane, polystyrene, saponified ethylene-vinyl acetate copolymer, ethylene-vinyl acetate copolymer, natural rubber, reclaimed rubber, synthetic rubber, and mixtures thereof. These materials may be used alone or coextruded with a low melt temperature polymer including, but not limited to, ethylene vinyl acetate copolymer, low density polyethylene, and mixtures thereof). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include wherein the receptacle is formed from a polyamide. Doing so adds to the elasticity of the receptacle.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2) and further in view of Juta (US 20090125086 A1) and Buckingham (US 20060249407 A1), and further in view of LI (US 20150335472 A1).
Regarding claim 24, Brunson teaches the medical device of claim 14, but fails to teach wherein the elasticated textile sleeve comprises a waistband adapted to fit around the waist of a wearer. However, LI teaches wherein the elasticated textile sleeve comprises a waistband adapted to fit around the waist of a wearer ([0030] it is seen that the garment 12 includes an elastic outer shell of material 14, which forms the shorts 12, including a waist band 12A, and a left and right leg portion 12L and 12R, respectively). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a waistband adapted to fit around the waist of a wearer. Doing so allows for adaptation to treat the waist area of the user.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brunson (US 5466251 A) in view of Wilson (US 7060086 B2) and further in view of Juta (US 20090125086 A1) and Buckingham (US 20060249407 A1), and further in view of Laroco (US 4899749 A).
Regarding claim 26, Brunson teaches the medical device of claim 14, but fails to teach wherein the elasticated textile sleeve comprises a sleeve which is open at one end and closed at an opposite end. However, Laroco teaches wherein the elasticated textile sleeve comprises a sleeve which is open at one end and closed at an opposite end (Fig 6; device 50 is shown on arm 44 also enclosing hand 46 by closing off end 68 with strap 64 to concentrate the heat conduction). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a sleeve which is open at one end and closed at an opposite end. Doing so allows for an enclosed portion for enhanced treatment of the end of a limb.
Further, Brunson fails to fully teach the radially continuous textile body. However, Wilson teaches a radially continuous elasticated textile sleeve ([abstract] the inner surface and the outer surface of the tubular body are defined by a continuous film of flexible material such as a copolymer of polyester and polyurethane) ([abstract] the continuous film of flexible material stretches and conforms to the shape of the limb, providing compressive force and circumferential thermal treatment at the desired location). It would have been obvious to one of ordinary skill in the art before the effective filling date to have modified the invention of Brunson to include a radially continuous elasticated textile sleeve. Doing so would allow a limb to be slipped inside the sleeve and be evenly compressed by the elastic.
Conclusion
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/ASHLEIGH LAUREN KERN/Examiner, Art Unit 3794
/ADAM Z MINCHELLA/Primary Examiner, Art Unit 3794