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 .
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because “comprises” appears on line 2 of the abstract which is considered a legal phrase.
Claim Objections
Claims 2, 4, 13, 14, and 20 are objected to because of the following informalities:
Regarding claims 2 and 13, “whereby the person experiences” should be recited as --able to cause-- for clarity and to avoid claiming human emotions.
Regarding claims 4, 13, and 20, “weight percent” should be recited as --percent weight--for clarity.
Appropriate correction is required.
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.
Claim(s) 1-3, 5-13, and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Callahan (2015/0208734) in view of Shams (2022/0256955).
Regarding claim 1, Callahan discloses in figs. 1-5 a torso garment able to be therapeutic (i.e. abstract lines 1-3 disclose shaping benefits thereby able to increase confidence/reduce anxiety providing social and emotional therapeutic benefits) comprising : a compression layer (i.e. 112, 212, 312, 412) and an outer layer (i.e. 101, 201, 301, 401) ([0024] lines 1-10), wherein the compression layer has a compression-layer back, a compression-layer front-right side, and a compression-layer front-left side (as shown in figs. 1c, 1d, and 2-5, the inner compression layer includes a back, front left side, and front right side; [0020] lines 1-10), wherein the outer layer has an outer-layer back, an outer-layer front-right side, and an outer-layer front-left side (as shown in figs. 1a, 1b, and 2-5, the outer layer includes a back, front left side, and front right side; [0019] lines 1-10), wherein the compression layer is capable of applying uniform pressure to an area of a lower torso covered by the compression layer when the garment is configured with the closed compression- layer front ([0021] lines 1-15 disclose the same material used throughout compression for the torso, i.e. 126 thus able to provide uniform pressure), and wherein the outer layer is capable of covering the compression layer when the garment is configured with the closed compression-layer front and the closed outer-layer front ([0022] lines 1-15).
Callahan discloses the compression top can include zippers (450) but does not specifically disclose wherein the compression-layer front-right side and the compression-layer front-left side are adaptively connectable to form a closed compression- layer front and wherein the outer-layer front-right side and the outer-layer front-left side are adaptively connectable to form a closed outer-layer front. However, Shams discloses the zipper located in the front (38) such that the compression-layer and outer layer front-right side and the compression-layer and outer layer front-left side are adaptively connectable to form a closed compression- layer front and outer layer front ([0053] lines 1-20 and figs. 1a, 1c disclose the zipper adaptively connects left and right sides of inner compression 12 and outer layer 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a zipper in the front as taught by Shams to provide the advantage of enhanced ease in donning and zipping since the front zipper would be easier to see and manipulate.
Regarding claims 2 and 13, Callahan discloses when a person wears the garment the compression layer provides deep pressure therapy to the person (abstract lines 1-5 discloses compression to the torso thereby able to provide deep pressure therapy), whereby the person is able to experience a reduction in anxiety (i.e. a person is able to experience a decrease in social anxiety due to use of shapewear).
Regarding claim 3, Callahan discloses wherein the compression layer comprises spandex ([0021] last 4 lines), and wherein the compression layer is stretchable in a direction parallel to a back-bottom edge of the compression-layer ([0019] lines 1-5) but does not specifically disclose wherein the compression layer further comprises nylon, polyester, cotton, and/or wool. However, Sham teaches the layer can include combinations thereof ([0084] last 5 lines). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material as taught by Shams to provide the advantage of enhanced durability and comfort since a polyester or nylon would enhance comfort and/or increase durability of a spandex.
Regarding claims 5 and 15, Callahan discloses the garment, when configured with the
closed compression-layer front is capable of being comfortably worn by a person for a period of
time from 1 hour to 14 hours (i.e. as shown, the garment includes arm holes and thus is able to be worn with comfort for an hour since a user would be free to use their arms).
Regarding claims 6 and 16, Callahan discloses wherein at least some parts of the outside of the compression layer contact corresponding parts of the inside of the outer layer (i.e. via seams [0020] lines 1-10), wherein the top-back edge of the compression layer is attached to the top-back edge of the outer layer (i.e. seams 132), wherein the back-left armhole of the compression layer is attached to the back-left armhole of the outer layer, and the back-right armhole of the compression layer is attached to the back-right armhole of the outer layer (i.e. side seams 128, arm holes 110), ([0021] lines 1-20, [022] lines 1-15), and the modified Callahan discloses wherein the left front of the compression layer is attached to the left front of the outer layer along a line parallel to a left-front edge of the compression layer (i.e. zipper) and a left-front edge of the outer layer, and wherein the right front of the compression layer is attached to the right front of the outer layer along a line parallel to a right-front edge of the compression layer and a right-front edge of the outer layer (zipper) ([0053] last 10 lines, [0054] lines 1-10 of Sham).
Regarding claims 7 and 17, the modified Callahan discloses (see figs. 1a, 1c of Sham) the compression layer comprises a zipper (40) to adaptively connect the compression-layer front-right side and the compression-layer front- left side, and wherein the outer layer comprises a zipper (40) to adaptively connect the outer-layer front-right side and the outer-layer front-left side.
Regarding claims 8 and 18, the modified Callahan discloses (see figs. 1a, 1c of Sham) wherein the compression layer further comprising at least one port access point (i.e. zipper 38, 40),wherein the at least one port access point is capable of providing access to a vagus nerve stimulator and/or gastric tube (as shown, the zipper opens the front of the garment and thus is capable of providing access).
Regarding claim 9, Callahan discloses in figs. 1-4, the garment is a shirt ([0019] lines 1-5).
Regarding claims 10 and 19, Callahan discloses the garment is machine washable ([0021] last 5 lines disclose spandex which is sized to be able to be placed into a washing machine).
Regarding claim 11, Callahan discloses the uniform pressure applied by the compression layer is equivalent to a hug being given to a person (abstract lines 1-5 and fig. 1 discloses compression to the torso thereby able to hug a user).
Regarding claim 12, Callahan discloses a jacket ([0018]) able to be therapeutic (i.e. abstract lines 1-3 disclose shaping benefits thereby able to increase confidence/reduce anxiety providing social and emotional therapeutic benefits) comprising : a compression layer (i.e. 112, 212, 312, 412) and an outer layer (i.e. 101, 201, 301, 401) ([0024] lines 1-10), wherein the compression layer has a compression-layer back, a compression-layer front-right side, and a compression-layer front-left side (as shown in figs. 1c, 1d, and 2-5, the inner compression layer includes a back, front left side, and front right side; [0020] lines 1-10), wherein the outer layer has an outer-layer back, an outer-layer front-right side, and an outer-layer front-left side (as shown in figs. 1a, 1b, and 2-5, the outer layer includes a back, front left side, and front right side; [0019] lines 1-10), wherein the compression layer is capable of applying uniform pressure to an area of a lower torso covered by the compression layer when the garment is configured with the closed compression- layer front ([0021] lines 1-15 disclose the same material used throughout compression for the torso, i.e. 126 thus able to provide uniform pressure), and wherein the outer layer is capable of covering the compression layer when the garment is configured with the closed compression-layer front and the closed outer-layer front ([0022] lines 1-15).
Callahan discloses the compression top can include zippers (450) but does not specifically disclose wherein the compression-layer front-right side and the compression-layer front-left side are adaptively connectable to form a closed compression- layer front and wherein the outer-layer front-right side and the outer-layer front-left side are adaptively connectable to form a closed outer-layer front. However, Shams discloses the zipper located in the front (38) such that the compression-layer and outer layer front-right side and the compression-layer and outer layer front-left side are adaptively connectable to form a closed compression- layer front and outer layer front ([0053] lines 1-20 and figs. 1a, 1c disclose the zipper adaptively connects left and right sides of inner compression 12 and outer layer 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a zipper in the front as taught by Shams to provide the advantage of enhanced ease in donning and zipping since the front zipper would be easier to see and manipulate.
Claim(s) 4, 14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Callahan in view of Shams, as applied to claims 3 and 12 above, and further in view of Krysinski et al. (11,819,075).
Regarding claim 4, Callahan substantially teaches the claimed invention except for wherein the compression layer comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer. However, Kryzinski teaches comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer (col. 7 lines 1-10 disclose 8 percent). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material in 8 percent by weight as taught by Kryzinski to provide the advantage of enhanced durability and comfort since a combination would enhance comfort and/or increase durability of a spandex. In addition it has been held that where the general conditions of a claim are met it is not inventive to determine optimum or workable ranges by routine experimentation.
Regarding claim 14, Callahan discloses wherein the compression layer comprises spandex ([0021] last 4 lines), and wherein the compression layer is stretchable in a direction parallel to a back-bottom edge of the compression-layer ([0019] lines 1-5) but does not specifically disclose wherein the compression layer further comprises nylon, polyester, cotton, and/or wool. However, Sham teaches the layer can include combinations thereof ([0084] last 5 lines). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material as taught by Shams to provide the advantage of enhanced durability and comfort since a polyester or nylon would enhance comfort and/or increase durability of a spandex.
Callahan substantially teaches the claimed invention except for wherein the compression layer comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer. However, Kryzinski teaches comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer (col. 7 lines 1-10 disclose 8 percent). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material in 8 percent by weight as taught by Kryzinski to provide the advantage of enhanced durability and comfort since a combination would enhance comfort and/or increase durability of a spandex. In addition it has been held that where the general conditions of a claim are met it is not inventive to determine optimum or workable ranges by routine experimentation.
Regarding claim 20, Callahan discloses a jacket ([0018]) able to be therapeutic (i.e. abstract lines 1-3 disclose shaping benefits thereby able to increase confidence/reduce anxiety providing social and emotional therapeutic benefits) comprising : a compression layer (i.e. 112, 212, 312, 412) and an outer layer (i.e. 101, 201, 301, 401) ([0024] lines 1-10), wherein the compression layer has a compression-layer back, a compression-layer front-right side, and a compression-layer front-left side (as shown in figs. 1c, 1d, and 2-5, the inner compression layer includes a back, front left side, and front right side; [0020] lines 1-10), wherein the outer layer has an outer-layer back, an outer-layer front-right side, and an outer-layer front-left side (as shown in figs. 1a, 1b, and 2-5, the outer layer includes a back, front left side, and front right side; [0019] lines 1-10), wherein the compression layer is capable of applying uniform pressure to an area of a lower torso covered by the compression layer when the garment is configured with the closed compression- layer front ([0021] lines 1-15 disclose the same material used throughout compression for the torso, i.e. 126 thus able to provide uniform pressure), and wherein the outer layer is capable of covering the compression layer when the garment is configured with the closed compression-layer front and the closed outer-layer front ([0022] lines 1-15) the garment, when configured with the closed compression-layer front is capable of being comfortably worn by a person for a period of time from 1 hour to 14 hours (i.e. as shown, the garment includes arm holes and thus is able to be worn with comfort for an hour since a user would be free to use their arms).
Callahan discloses the compression top can include zippers (450) but does not specifically disclose wherein the compression-layer front-right side and the compression-layer front-left side are adaptively connectable to form a closed compression- layer front and wherein the outer-layer front-right side and the outer-layer front-left side are adaptively connectable to form a closed outer-layer front. However, Shams discloses the zipper located in the front (38) such that the compression-layer and outer layer front-right side and the compression-layer and outer layer front-left side are adaptively connectable to form a closed compression- layer front and outer layer front ([0053] lines 1-20 and figs. 1a, 1c disclose the zipper adaptively connects left and right sides of inner compression 12 and outer layer 14). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a zipper in the front as taught by Shams to provide the advantage of enhanced ease in donning and zipping since the front zipper would be easier to see and manipulate.
Callahan discloses wherein the compression layer comprises spandex ([0021] last 4 lines), and wherein the compression layer is stretchable in a direction parallel to a back-bottom edge of the compression-layer ([0019] lines 1-5) but does not specifically disclose wherein the compression layer further comprises nylon, polyester, cotton, and/or wool. However, Sham teaches the layer can include combinations thereof ([0084] last 5 lines). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material as taught by Shams to provide the advantage of enhanced durability and comfort since a polyester or nylon would enhance comfort and/or increase durability of a spandex.
Callahan substantially teaches the claimed invention except for wherein the compression layer comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer. However, Kryzinski teaches comprises 3 weight percent to 15 weight percent spandex based upon the total weight of the compression layer (col. 7 lines 1-10 disclose 8 percent). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the garment of Callahan with a spandex combination material in 8 percent by weight as taught by Kryzinski to provide the advantage of enhanced durability and comfort since a combination would enhance comfort and/or increase durability of a spandex. In addition it has been held that where the general conditions of a claim are met it is not inventive to determine optimum or workable ranges by routine experimentation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Brandt (10,786,052) discloses a multi-layer compression article.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LATOYA M LOUIS whose telephone number is (571)270-5337. The examiner can normally be reached M-F 1 pm - 6:30 pm ET.
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/LaToya M Louis/Primary Examiner, Art Unit 3785