DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This action is responsive to the amendment filed 02/17/2026. Claims 26, 29, 31-33, 38 and 50-55 have previously been withdrawn in response to restriction. Claims 1-2, 4-5, 7-8, 14, 18 and 24 are considered below.
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 1-2, 4-5, 7-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Carstens (DE 102017108840 A1) in view of Farrow05 (US 2005/0209545 A1) and Farrow16 (US 2016/0310348 A1).
Regarding claim 1, Carstens discloses a garment configured to be worn by a user to promote lymphatic flow (fig 6-8 showing a wearable garment, par 0001 discloses wearing around a lumbar, par 0008 discloses providing massage or striking to the wearer, further as the structure is similar to the instant it is seen that the device is capable of promoting lymphatic flow), the garment comprising: a plurality of flow directing units (#10 fig 1, 2), each of the plurality of flow directing units comprising a wall (#12 fig 1-2) and a plurality of teeth (#22 fig 1-2) extending from the wall at an angle (α fig 1), the plurality of teeth configured to face skin of the user when the garment is worn (par 0039 “protrusions 22 is arranged on the contact side 126 of base body 12”, par 0002 discloses the contact side as the side that contacts the wearer’s body when worn); wherein the plurality of teeth are configured to translate a compressive force applied to the garment to promote fluid within the user to flow in a direction (par 0008, 0015 disclose pushing and pulling forces on the body tissue, due to the similar structure it is seen that the teeth translate a compressive force to promote fluid to flow in a direction).
Carstens is silent to a plurality of channels, wherein each of the plurality of channels is configured to receive a respective one of the plurality of flow directing units to maintain an orientation of the teeth of said flow directing unit with respect to the skin of the user. Carstens instead discloses the use of hook and loop fasteners or adhesive to attach the flow directing units to the garment (#40 fig 2, par 0042) thus maintaining the orientation of the teeth.
Farrow05 teaches a compression garment (abstract) with a plurality of channels (#144 fig 7, par 0042) configured to receive a plurality of compression units (148 fig 7, par 0042) to maintain an orientation of the plurality of compression units.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize insertable channels as taught by Farrow for the attachment mechanism of Carstens as doing so can provide a secure attachment for the flow directing units preventing the unit from being improperly oriented or coming dislodged/unattached.
Modified Carstens remains silent to the channels maintaining maintain an orientation of the teeth of said flow directing unit with respect to the skin of the user. However, it would have been obvious to one of ordinary skill in the art to maintain the use of the attachment methods of Carsten in order to ensure the orientation of the teeth are maintained in the channels.
Further, Farrow16 teaches flow directing units (#14 fig 1-16) held between inner and outer fabric layers (#12, #14 fig 1-4, 16, par 0039) acting as a channel wherein the orientation of the protruding side of the flow directing units is maintained with respect to the skin of the user (par 0051 disclosing the flat side oriented away and the rounded side oriented to the user, par 0053)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to ensure that the channels of modified Carstens/Farrow05 maintain the orientation of the teeth with respect to the user as taught by Carstens and Farrow16 in order to maintain the benefits of the teeth facing the user’s body.
Regarding claim 2, modified Carstens discloses the garment of claim 1. Carstens further discloses the plurality of teeth are in a repeating pattern (see fig 2-5, 9).
Regarding claim 4, modified Carstens discloses the garment of claim 1. Carstens further discloses the plurality of teeth are evenly distributed along the wall (see fig 2, 5, 8-9 showing the teeth evenly distributed on two symmetrically placed flow directing units).
Regarding claim 5, modified Carstens discloses the garment of claim 1. Carstens further discloses the angle is acute (see fig 1-3, par 0035 discloses α as less than 90°).
Regarding claim 7, Carstens discloses the garment of claim 1. Carstens further discloses the plurality of teeth include rounded ends (par 0056 “rounded domes”).
Regarding claim 8, modified Carstens discloses the garment of claim 1. Carstens further discloses the plurality of teeth have a thickness that tapers to an end (par 0056 “rounded domes discloses tapering to the tip of the dome, further fig 1 second embodiment shows thickness tapering to an end).
Regarding claim 14, modified Carstens discloses the garment of claim 1. Carstens does not expressly discloses the plurality of channels are positioned to align with one or more underlying lymphatic vessels of the lymphatic system of the user when the garment is worn by the user. However, the position of the channels with respect to the user is dependent on how the user places the garment on their body therefore it is seen that the device of modified Carsten is capable of being positioned such that discloses the plurality of channels are positioned to align with one or more underlying lymphatic vessels of the lymphatic system of the user when the garment is worn by the user. Further, Farrow16 teaches aligning the flow directing units/channels with lymphatic vessels (Farrow16: par 0053).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over modified Carstens as applied to claim 1 above, and further in view of Ramanan (US 2020/0113773 A1).
Regarding claim 18, modified Carstens discloses the garment of claim 1. Carstens is silent to a bioimpedance sensing device configured to detect a volume of a region of a body of the user.
Ramanan discloses a compression garment (abstract) with a bioimpedance sensing device configured to detect a volume of a region of a body of the user (par 0239).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a bioimpedance sensor as taught by Ramanan on the garment of Carstens as doing so allows the device to inform the wearer or a clinician of the volume of the user’s limb allowing monitoring of the therapeutic effect of the garment (Ramanan: par 0239).
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over modified Carstens as applied to claim 1 above, and further in view of Clausen (US 2019/0343205 A1).
Regarding claim 24, modified Carstens discloses the garment of claim 1. Carstens is silent to one or more vibration units configured to vibrate to promote lymphatic flow.
Clausen teaches a compression belt (abstract) with a plurality of teeth (#2 fig 2) and one or more vibration units configured to vibrate (par 0013 discloses vibrators for vibrating the teeth/bumps) to promote lymphatic flow (par 0006-0008 discloses the device being for trigger point therapy/myofascial release, and par 0006 discloses myofascial release encouraging lymphatic drainage).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate vibration units as taught by Clausen on the device of Carstens as doing so can provide a better massage (Clausen: abstract).
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Toth US 2010/0056966 A1 discloses a compressive garment maintaining orientations (see par 0303-0305, 0364)
Pollock US 2015/0133836 A1 discloses a garment with mounds maintained in position within bubbles (see par 0043)
Reid US 6,656,141 B1 discloses a compression garment for promoting lymphatic flow
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 KIRA B DAHER whose telephone number is (571)270-0190. The examiner can normally be reached M-F 8am-5pm.
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/KIRA B DAHER/Examiner, Art Unit 3785
/BRADLEY H PHILIPS/Primary Examiner, Art Unit 3799