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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/19/2026 has been entered.
Terminal Disclaimer
The terminal disclaimer filed on 11/19/2025 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US Pat. No. 10,231,882 B2 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Amendment
Applicant’s amendments of claims 1, 16, 22, and 24 are acknowledged by the Examiner.
Applicant’s cancelation of claims 21 and 23 are acknowledged by the Examiner.
Applicant’s amendment of claim 1, and cancelation of claims 21 and 23 has overcome the previous claim objections. Therefore, the claim objections are withdrawn.
Claims 1-20, 22, and 24 are currently pending in the application.
Response to Arguments
Applicant's arguments filed 03/19/2026 have been fully considered but they are not persuasive.
With regards to Applicant’s arguments that neither Waldron nor Puyana disclose the additional limitations of “wherein the pressure member of at least one of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use”, Examiner respectfully disagrees. As can clearly be seen in Waldron, the straps of Waldron engage above, across, and below a posterior aspect of a user’s knee. The user’s knee is a bony prominence made up of various bony structures such as the femoral condyles and tibial plateau. Thus, when the straps of Waldron modified to include the pressure members as taught by Puyana, each included pressure member is configured to apply its respective discrete line of pressure across the user’s knee (i.e. across a bony prominence).
In regards to Applicant’s arguments one of ordinary skill in the art would not have been motivated to modify the straps of Waldon's knee brace to include the pressure members of Puyana, and that Waldron teaches away from the application of pressure across a bony prominence of the limb due to the oval cutout of Waldron, these arguments were addressed in both the final rejection mailed 09/19/2025, and the advisory action mailed 12/10/2025. In response to Applicant’s statement that there are no bony prominences on the back of the knee, Examiner respectfully disagrees. The knee as a whole is a bony prominence formed from various bony structures such as the femoral condyles and tibial plateau.
In response to Applicant’s arguments that the straps would need to be adjusted in location to apply pressure across bony prominences of the limb. Examiner respectfully disagrees. The straps of Waldron lie across posterior aspects of the knee, which itself is a bony prominence. Thus, no adjustment would need to be made in location of the straps of Waldron to meet the claimed limitations.
With respect to Applicant’s statements regarding the non-entered limitations addressed in the advisory action, these arguments and points are moot as the amendments were not entered.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the specification does not provide support for the limitations “wherein the pressure member of at least one/each of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use” as recited in claims 1, 16, 22, and 24. However, these limitations are considered new matter as will be discussed below, and should not be amended into the specification as this would constitute new matter in the specification.
Claim Objections
Claims 1, 16, 22, and 24 are objected to because of the following informalities:
Claims 1, 16, 22, and 24 each recite the pronoun “its”. These limitations should be amended to recite “provide the respective discrete line of pressure”.
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 1-20, 22, and 24 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.
Claims 1 and 16 each recites the limitation “wherein the pressure member of at least one of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use”. However, Applicant’s specification states in [0034] “During use of the pressure band 10 in certain embodiments, the pressure members 34, 34a are oriented substantially perpendicular to a longitudinal axis of the limb and each pressure member creates a distinct line of pressure across the muscles and/or bone of the limb”, but does not explicitly recite that the pressure member is configured to provide its respective discrete line of pressure across the specific structure of “at least a bony prominence”. Thus, this limitation is considered new matter.
Claims 22 and 24 each recites the limitation “wherein the pressure member of each of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use”. However, Applicant’s specification states in [0034] “During use of the pressure band 10 in certain embodiments, the pressure members 34, 34a are oriented substantially perpendicular to a longitudinal axis of the limb and each pressure member creates a distinct line of pressure across the muscles and/or bone of the limb”, but does not explicitly recite that the pressure member is configured to provide its respective discrete line of pressure across the specific structure of “at least a bony prominence”. Thus, this limitation is considered new matter.
Claims 2-15, and 17-20 are rejected under 35 U.S.C. 112(a) as being dependent on a claim rejected under 35 U.S.C. 112(a), and thus, containing the same offending limitations.
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) 1-13, and 16-18, 20, 22, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldon SR. (US 8,523,793 B1) in view of Puyana (US 4,243,028).
In regards to claim 1, Waldon Sr. discloses A therapeutic pressure device (10; see [col 2 ln 35-40]; see figure 1) comprising:
a compression sleeve (20; see [col 2 ln 40-45]; see figure 1) configured for placement over a limb of a user (see figure 4) and for applying a compressive force to said limb (see [abstract]);
a plurality of flexible straps (41, 43, and 45; see [col 2 ln 47-65]; see figure 1) attached to said compression sleeve (20; see figure 1), each flexible strap (41, 43, and 45) comprising:
a first end (ends attached to 28; see figure 3) connected to said compression sleeve (20; see figure 1);
a second end (48; see [col 2 ln 55-65]; see figure 3) comprising an adjustable fastener component (47; see [col 2 ln 47-65]; see figure 3) for selectively securing said second end (48) to said compression sleeve (20; see [Col 2 ln 55-65] in reference to a hook and loop fastener 47…to assist securing the straps' 41, 43, 45 outer ends 48 to the support body 20) and for adjustably positioning said strap (41, 43, and 45) about the limb (see [Col 2 ln 55-65]); and
wherein each said flexible strap (41, 43, and 45) is configured to be secured in a substantially perpendicular orientation to a longitudinal axis of said limb when said therapeutic compression device (10) is in use (see figure 4 that the straps are intended to be wrapped around the limb, perpendicular to a longitudinal axis of the user’s limb).
Waldon SR. does not disclose a pressure member positioned between said adjustable fastener component and said first end; whereby each pressure member is configured to provide a discrete line of pressure to a part of said limb when said therapeutic pressure device is in use, and
wherein the pressure member of at least one of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use.
However, Puyana teaches an analogous strap (10; see [Col 2 ln 23-30]; see figure 1) for the analogous purpose of applying pressure to a user’s limb (see [abstract]) comprising an analogous first end (end comprising 16), and second end (end comprising 22; see figure 1) comprising an adjustable fastener (22; see [Col 2 ln 40-45]; see figure 1); further comprising a pressure member (30; see [Col 2 ln 45-50]; see figure 1) positioned between said adjustable fastener component (22) and said first end (end comprising 16; see figure 1) for the purpose of concentrating and localizing the pressure applied by the strap (see [col 2 ln 59-61]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of flexible straps as disclosed by Waldon SR. and to have included the pressure member positioned between the adjustable fastener component and first end of the strap, and the associated structures for attaching the pressure members to the strap as taught by Puyana in order to have provided an improved plurality of flexible straps that would add the benefit of concentrating and localizing the pressure applied by the straps (see [col 2 ln 59-61]).
Therefore, as now combined Waldon SR. as now modified by Puyana discloses whereby each pressure member (30 of Puyana included onto 41, 43, and 45 of Waldon SR.) is configured to provide a discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) to a part of said limb when said therapeutic pressure device (10 of Waldon SR.) is in use (30 of Puyana included onto 41, 43, and 45 of Waldon SR. applies pressure to the parts of the limb over which 41, 43, and 45 of Waldon SR. have been applied), and
wherein the pressure member (30 of Puyana included onto 41, 43, and 45 of Waldon SR.) of at least one of the plurality of flexible straps (41, 43, and 45 of Waldon SR.) is configured to provide its respective discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) across at least a bony prominence (the user’s knee) of said limb when said therapeutic pressure device (10 of Waldon SR.) is in use (41, 43, and 45 of Waldon SR. are each applied across a posterior aspect of the user’s knee (the knee being a bony prominence as discussed above); thus, 30 of Puyana included onto 41, 43, and 45 of Waldon SR. provide their respective discrete lines of pressure across a bony prominence when the device is in use).
In regards to claim 2, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said compression sleeve (20) comprises one or more openings (50; see [col 3 ln 4-6]; see figure 1) extending through a material of said compression sleeve (20; see figure 1), wherein the one or more openings (50) are operable to assist said user in applying the therapeutic compression device (10) to said limb (50 is capable of not only being grasped and operated to assist a user in applying the device to their limb, 50 is also operable to assist a user in applying the device in a proper position of the limb).
In regards to claim 3, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said compression sleeve (20) comprises a material comprising neoprene (material of support body (20); see [col 2 ln 10-20]).
In regards to claim 4, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said material (material of 20) comprising neoprene is a first material, and said compression sleeve (20) further comprises a second material (material of 80; see [Col 3 ln 40-45]; see figure 2; see [col 2 ln 10-20] in reference to the material of inner lining being Lycra™) secured to a portion of an exterior of said compression sleeve (20; see figure 1, and 2 that 80 is secured to a posterior, exterior portion of 20).
In regards to claim 5, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said second material (material of 80) is secured to said first material (material of 20; see [Col 3 ln 40-45]; see figure 2) such that said second material (material of 80) is positioned between said plurality of flexible straps (41, 43, and 45) and said limb when said therapeutic pressure device (10) is in use (see figures 2 and 4 that 41, 43, and 45 are intended to wrap around 80).
In regards to claim 6, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said fastener components (47) comprise hook and loop material (see [col 2 ln 47-65]).
In regards to claim 7, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein each flexible strap (41, 43, and 45 of Waldon SR. as now modified to include 30 of Puyana) includes a pocket (28 of Puyana; see [col 3 ln 45-50] and figure 3 of Puyana; as discussed above, the combination to of Puyana and Waldon SR. to include pressure members of Puyana on the straps of Waldon SR. would also include the pocket of Puyana (the associated structures for attaching the pressure members to the strap) for retaining 30 on 41, 43, and 45 of Waldon SR.) and wherein each pocket (28 of Puyana) retains at least one of said pressure members (30 of Puyana; see [col 3 ln 45-50]) such that each said pressure member (30 of Puyana) is radially displaced from said adjustable fastener component (47 of Waldon SR.) when said strap (41, 43, and 45 of Waldon SR.) is secured to said compression sleeve (20 of Waldon SR.; see figure 2 of Puyana that 26 and therefore 30 of Puyana is radially displaced from 22; thus 30 of Puyana as now included onto 41, 43, and 45 of Waldon SR. would be similarly positioned on the straps of Waldon SR.).
In regards to claim 8, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein each pocket (28 of Puyana) of the plurality of flexible straps (41, 43, and 45 of Waldon SR.) comprises a first layer attached to a second layer forming said pocket therebetween (see Puyana figure 2 that 28 is formed from an attachment of first and second layers to form a pocket therebetween).
In regards to claim 9, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana does not explicitly disclose wherein adjacent pressure members are separated by a distance between 1 inch and 4 inches.
However, the pressure member (30) of Puyana has been included onto each of the straps (41, 43, and 45) of Waldon SR. As seen in figures 3 and 4 of Waldon SR., each strap is separated by an undisclosed distance and respectively is intended to be placed above, around, and below a user’s knee joint (see [Col 2 ln 48-65]). Waldon SR. also discloses the device can include variations in size, shape, and form (see [Col 3 ln 47-58]) all of which would affect a distance between each individual strap. As such, the distance between each strap (and therefore between adjacent pressure members located on said straps) is considered to be a result effective variable in that changing a size, shape, or form of the device changes the distance between each strap and included pressure member which allows for the device to be applied to individual users.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Waldon SR. by spacing the plurality of flexible straps (and therefore adjacent pressure members) by a distance between 1 inch and 4 inches as a matter of routine optimization since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation” In re Aller, 220 F.2d 454, 456, 105 USPQ 223, 235 (CCPA 1955) (see MPEP 2144.05 II A).
Further such a modification would have been obvious to one of ordinary skill in the art since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” (see MPEP 2144.04 IV A). In the instant case, the only difference between the claimed invention and the device of Waldon SR. as now modified by Puyana is a recitation of the relative dimensions of spacing between straps and their associated structures. The device of Waldon SR. as now modified by Puyana having the claimed relative dimensions of distance between straps and their associated structure would still provide the same functionality of providing compression to a user’s limb.
In regards to claim 10, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein said pressure members (30 of Puyana) are solid in cross-section (see Puyana figure 3).
In regards to claim 11, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein said pressure members (30 of Puyana) are solid in cross-section (see Puyana figure 4).
In regards to claim 12, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said compression sleeve (20) comprises a substantially cylindrical shape (see figures 2-3 that 20 is generally cylindrical) such that a diameter of said compression sleeve is generally the same along a longitudinal length of said compression sleeve (20; see [Col 2 ln 40-47] in reference to the tapering to conform to a user’s limb, a taper is considered a small change in size and thus is “generally” the same; this is considered to be similar to Applicant’s own invention where it can be seen in figures 6-11 that Applicant’s sleeve has a similar taper).
In regards to claim 13, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said compression sleeve (20) comprises a frustoconical shape such that a diameter of an upper portion of said compression sleeve (20) is generally greater than a diameter of a lower portion of said compression sleeve (20; see [Col 2 ln 40-47]; see figure 3).
In regards to claim 16, Waldon discloses A method of applying pressure to a limb of a user (see [abstract] in reference to the apparatus applying compression to a limb) with a therapeutic pressure device (10; see [col 2 ln 35-40]; see figure 1) having a compression sleeve (20; see [col 2 ln 40-45]; see figure 1) and a plurality of flexible straps (41, 43, and 45; see [col 2 ln 47-65]; see figure 1), each strap of the plurality of flexible straps (41, 43, 45) including a first end (ends attached to 28; see figure 3) connected to the compression sleeve (20; see figure 3), a second end (48; see [col 2 ln 55-65]; see figure 3) having an adjustable fastener component (47; see [col 2 ln 47-65]; see figure 3) and, the method comprising the steps of:
placing said compression sleeve (20) over said limb (see figure 4) such that said compression sleeve (20) applies a compressive force to said limb (see [abstract]);
placing each strap of the plurality of flexible straps (41, 43, and 45) about said limb (see figure 4) in a substantially perpendicular orientation to a longitudinal axis of said limb (see figure 4 that the straps are intended to be wrapped around the limb, perpendicular to a longitudinal axis of the user’s limb) and securing said adjustable fastener (47) component of each strap (41, 43, and 45) to said compression sleeve (20; see [Col 2 ln 55-65] in reference to a hook and loop fastener 47…to assist securing the straps' 41, 43, 45 outer ends 48 to the support body 20).
Waldon SR. does not disclose a pressure member positioned between the adjustable fastener component and the first end; and
each said pressure member provides a discrete line of pressure to a part of said limb, and
wherein the pressure member of at least one of the plurality of flexible straps is configured to provide its respective discrete line of pressure across at least a bony prominence of said limb when said therapeutic pressure device is in use.
However, Puyana teaches an analogous strap (10; see [Col 2 ln 23-30]; see figure 1) for the analogous purpose of applying pressure to a user’s limb (see [abstract]) comprising an analogous first end (end comprising 16), and second end (end comprising 22; see figure 1) comprising an adjustable fastener (22; see [Col 2 ln 40-45]; see figure 1); further comprising a pressure member (30; see [Col 2 ln 45-50]; see figure 1) positioned between said adjustable fastener component (22) and said first end (end comprising 16; see figure 1) for the purpose of concentrating and localizing the pressure applied by the strap (see [col 2 ln 59-61]).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the plurality of flexible straps as disclosed by Waldon SR. and to have included the pressure member positioned between the adjustable fastener component and first end of the strap, and the associated structures for attaching the pressure members to the strap as taught by Puyana in order to have provided an improved plurality of flexible straps that would add the benefit of concentrating and localizing the pressure applied by the straps (see [col 2 ln 59-61]).
Therefore, as now combined Waldon SR. as now modified by Puyana discloses wherein each said pressure member (30 of Puyana included onto 41, 43, and 45 of Waldon SR.) provides a discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) to a part of said limb (30 of Puyana included onto 41, 43, and 45 of Waldon SR. applies pressure to the parts of the limb over which 41, 43, and 45 of Waldon SR. have been applied), and
wherein the pressure member (30 of Puyana included onto 41, 43, and 45 of Waldon SR.) of at least one of the plurality of flexible straps (41, 43, and 45 of Waldon SR.) is configured to provide its respective discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) across at least a bony prominence (the user’s knee) of said limb when said therapeutic pressure device (10 of Waldon SR.) is in use (41, 43, and 45 of Waldon SR. are each applied across a posterior aspect of the user’s knee (the knee being a bony prominence as discussed above); thus, 30 of Puyana included onto 41, 43, and 45 of Waldon SR. provide their respective discrete lines of pressure across the user’s knee when the device is in use).
In regards to claim 17, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein each strap of the plurality of flexible straps (41, 43, and 45 of Waldon SR. as now modified to include 30 of Puyana) further comprises a pocket (28 of Puyana; see [col 3 ln 45-50] and figure 3 of Puyana; as discussed above, the combination to of Puyana and Waldon SR. to include pressure members of Puyana on the straps of Waldon SR. would also include the pocket of Puyana (the associated structures for attaching the pressure members to the strap) for retaining 30 on 41, 43, and 45 of Waldon SR.) the method further comprising the step of:
placing said pressure member (30 of Puyana) within said pocket (28 of Puyana; see figure 3 of Puyana that 30 is retained within 28 and therefore inherently needs to be placed within 28) of each strap (41, 43, and 45 of Waldon SR.)
In regards to claim 18, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. further discloses wherein said compression sleeve (20) comprises a frustoconical shape such that a diameter of an upper portion of said compression sleeve (20) is generally greater than a diameter of a lower portion of said compression sleeve (20; see [Col 2 ln 40-47]; see figure 3).
In regards to claim 20, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein each said pressure member (30 of Puyana) is radially displaced from said respective adjustable fastener component (47 of Waldon SR.) when each said pressure member’s (30 of Puyana) respective strap (41, 43, and 45 of Waldon SR.) is secured to said compression sleeve (20 of Waldon SR.; see figure 2 of Puyana that 26 and therefore 30 of Puyana is radially displaced from 22; thus 30 of Puyana as now included onto 41, 43, and 45 of Waldon SR. would be similarly positioned on the straps of Waldon SR.).
In regards to claim 22, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses wherein the pressure member (30 of Puyana) of each of the plurality of flexible straps (41, 43, and 45 of Waldon SR.) is configured to provide its respective discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) to at least said bony prominence of said limb when said therapeutic pressure device (10 of Waldon SR.) is in use (see discussion of claim 1 above that each 30 of Puyana included into 41, 43, and 45 of Waldon SR. respectively applies their respective discrete lines of pressure to the user’s knee which is a bony prominence).
In regards to claim 24, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana further discloses Waldon SR. as now modified by Puyana further discloses wherein the pressure member (30 of Puyana) of each of the plurality of flexible straps (41, 43, and 45 of Waldon SR.) is configured to provide its respective discrete line of pressure (line of pressure applied by, and defined by 30 of Puyana) to at least said bony prominence of said limb when said therapeutic pressure device (10 of Waldon SR.) is in use (see discussion of claim 1 above that each 30 of Puyana included into 41, 43, and 45 of Waldon SR. respectively applies their respective discrete lines of pressure to the user’s knee which is a bony prominence).
Claim(s) 14-15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldon SR. in view of Puyana as applied to claims 1 and 16 above, and further in view of Tanaka (US 5,893,871).
In regards to claim 14, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana discloses wherein each of said pressure members (30 of Puyana) has a length (see figure 1 of Puyana that 28 has a length, therefore 30 of Puyana included onto 41, 43, and 45 each have a length).
Waldon SR. as now modified by Puyana does not disclose wherein said lengths of all of said pressure members are not equal.
However, Tanaka teaches analogous pressure members (25a-c and 25f-h; see [Col 5 ln 58-67]; see figure 11) of an analogous compression band (1; see [col 5 ln 54-57]; see figure 11); wherein each pressure member (25a-c and 25f-h) has a length (length ranging from 10-15cm; see [Col 6 ln 20-25]); wherein said lengths of all of said pressure members (25a-c and 25f-h) are not equal (lengths set in the range of 10-15 cm is considered to have pressure members which are of different lengths in the range of 10cm and 15cm).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lengths of the pressure members located on the plurality of flexible straps as disclosed by Waldon SR. as now modified by Puyana and to have formed them from different lengths in the range of lengths as taught by Tanaka in order to have provided improved pressure members which would accommodate different sizes and widths of the user’s body parts (i.e. thigh, knee, and calf which taper from a larger to smaller circumference).
In regards to claim 15, Waldon SR. as now modified by Puyana and Tanaka discloses the invention as discussed above.
Waldon SR. as now modified by Puyana and Tanaka further discloses wherein the pressure members (30 of Puyana) of the plurality of flexible straps (41, 43, and 45) comprises a first pressure member (30 of Puyana included onto 45 of Waldon SR.) and a second pressure member (30 of Puyana included onto 41 of Waldon SR.):
said first pressure member (30 of Puyana included onto 45 of Waldon SR.) is positioned below said second pressure member (30 of Puyana included onto 41 of Waldon SR.); and
a first length (length of first 30 of Puyana in view of length of Tanaka) of said first pressure member (30 of Puyana included onto 45 of Waldon SR) is less than a second length (length of second 30 of Puyana in view of length of Tanaka) of said second pressure member (30 of Puyana included onto 41 of Waldon SR.; as discussed above it would be obvious to have made the lengths of the pressure members different lengths in the range of lengths as taught by Tanaka in order to have provided improved pressure members which would accommodate different sizes and widths of the user’s body parts (i.e. thigh, knee, and calf which taper from a larger to smaller circumference); thus the length of the pressure member located at the knee of the user attached to 45 of Waldon SR. would have a smaller length than that of the length of the pressure member located at the thigh of the user attached to 41 of Waldon SR.).
Waldon SR. as now modified by Puyana and Tanaka does not explicitly disclose wherein said first length is between 75 percent and 95 percent of said second length.
However, Tanaka’s teachings of a range from 10-15cm discloses a range of 67 percent (10/15) to 100% (15/15), which encompasses Applicant’s claimed range of between 75 percent and 95 percent.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the first and second pressure members as disclosed by Waldon SR. as now modified by Puyana and Tanaka from between 67 percent and 100 percent to 75 percent and 95 percent as applicant appears to have placed no criticality on the range (see Applicant’s Specification [0050] in reference to the pressure members having similar lengths or a difference in lengths ranging from “95 percent, 90 percent, 85 percent, 80 percent, 75 percent, or less”) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
In regards to claim 19, Waldon SR. as now modified by Puyana discloses the invention as discussed above.
Waldon SR. as now modified by Puyana discloses wherein each of said pressure members (30 of Puyana) has a length (see figure 1 of Puyana that 28 has a length, therefore 30 of Puyana included onto 41, 43, and 45 each have a length).
Waldon SR. as now modified by Puyana does not disclose wherein said lengths of all of said pressure members are not equal; such that a first length of a first pressure member positioned below a second pressure member is less than a second length of the second pressure member, and wherein the first length is between 75 percent and 95 percent of the second length.
However, Tanaka teaches analogous pressure members (25a-c and 25f-h; see [Col 5 ln 58-67]; see figure 11) of an analogous compression band (1; see [col 5 ln 54-57]; see figure 11); wherein each pressure member (25a-c and 25f-h) has a length (length ranging from 10-15cm; see [Col 6 ln 20-25]); wherein said lengths of all of said pressure members (25a-c and 25f-h) are not equal (lengths set in the range of 10-15 cm is considered to have pressure members which are of different lengths in the range of 10cm and 15cm).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lengths of the pressure members located on the plurality of flexible straps as disclosed by Waldon SR. as now modified by Puyana and to have formed them from different lengths in the range of lengths as taught by Tanaka in order to have provided improved pressure members which would accommodate different sizes and widths of the user’s body parts (i.e. thigh, knee, and calf which taper from a larger to smaller circumference).
Thus, as now combined Waldon SR. as now modified by Puyana and Tanaka further discloses wherein: a first pressure member (30 of Puyana included onto 45 of Waldon SR.) is positioned below a second pressure member (30 of Puyana included onto 41 of Waldon SR.); and a first length (length of first 30 of Puyana in view of length of Tanaka) of said first pressure member (30 of Puyana included onto 45 of Waldon SR) is less than a second length (length of second 30 of Puyana in view of length of Tanaka) of said second pressure member (30 of Puyana included onto 41 of Waldon SR.; as discussed above it would be obvious to have made the lengths of the pressure members different lengths in the range of lengths as taught by Tanaka in order to have provided improved pressure members which would accommodate different sizes and widths of the user’s body parts (i.e. thigh, knee, and calf which taper from a larger to smaller circumference); thus the length of the pressure member located at the knee of the user attached to 45 of Waldon SR. would have a smaller length than that of the length of the pressure member located at the thigh of the user attached to 41 of Waldon SR.).
Waldon SR. as now modified by Puyana and Tanaka does not explicitly disclose wherein said first length is between 75 percent and 95 percent of said second length. However, Tanaka’s teachings of a range from 10-15cm discloses a range of 67 percent (10/15) to 100% (15/15), which encompasses Applicant’s claimed range of between 75 percent and 95 percent.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the first and second pressure members as disclosed by Waldon SR. as now modified by Puyana and Tanaka from between 67 percent and 100 percent to 75 percent and 95 percent as applicant appears to have placed no criticality on the range (see Applicant’s Specification [0050] in reference to the pressure members having similar lengths or a difference in lengths ranging from “95 percent, 90 percent, 85 percent, 80 percent, 75 percent, or less”) and since it has been held that “[i]n the case where the claimed ranges ‘overlap or lie inside ranges disclosed by the prior art’ a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Conclusion
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/DANIEL A MILLER/Primary Examiner, Art Unit 3786
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