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 .
Claim Rejections - 35 USC § 101
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claim 3 rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101). Claim 3 language is worded in such a way wherein you would need a person’s torso. It should read "wherein the lower torso and second wraps are configured to be secured to wearer's torso"
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 3, 5, 10-11 & 14 are rejected under 35 U.S.C 102(a)(1) as being anticipated by Kates (US 20210186749) herein referred to as Kates.
Regarding claim 1, Kates discloses A multizone, wrap system for supplying heat treatment to a torso of a wearer (Figure 1), comprising: a. a lower torso wrap adapted to hold one or more heating elements for placement against at least a part of a wearer's lower torso region and for supplying heat to that part of the wearer's lower torso region when worn (See annotated Figure 1 below; wherein heating elements 39 are not visible); and b. a second wrap spaced apart from and above the lower torso wrap and connected to the lower torso wrap, (See annotated Figure 1 below) the second wrap adapted to hold one or more heating elements and for placement against and supplying heat to a second region of the wearer's torso when worn (See annotated Figure 1 below; wherein heating elements 39 are not visible).
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Regarding claim 3, Kates discloses the system of claim 1, wherein the lower torso and second wraps are secured to wearer's torso by wrapping them around the wearer's torso (Figure 1, 40).
Regarding claim 5, Kates discloses the system of claim 1, wherein the second region of the wearer's torso is a shoulder region (Figure 5), and the second wrap is a heat-supplying shoulder strap (Figure 5).
Regarding claim 10, Kates discloses the wrap system of claim 1, wherein the one or more heating elements in the lower torso and second wraps are integral with the wraps (Figure 1, 39 & Figure 5, 39).
Regarding claim 11, Kates discloses the wrap system of claim 1, wherein the one or more heating elements are removable from the wraps and are adapted to be heated external to the system (Paragraph [0025]; wherein heating elements 39 are removed to be heated and cooled and once heated/cooled are inserted back into the wrap).
Regarding claim 14, Kates discloses the wrap system of claim 1, wherein the system is a unitary device (Figure 1).
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 2, 4 & 13 are rejected under 35 U.S.C 103 as being unpatentable over Kates in view of Brandt et al. (US 20200068964) herein referred to as Brandt.
Regarding Claim 2, Kates discloses the wrap system of claim 1. However, Kates does not explicitly disclose further including a spine connecting the lower torso wrap and the second wrap.
Brandt discloses a multizone wrap system for thermal treatment (Figure 1) including a spine connecting the lower torso wrap and the second wrap (Figure 1, 304-1). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Kates to substitute the means of connection to be a spine as taught by Brandt. The motivation being to secure and hold both thermal elements without the ability fold or compress due to gravitational and other movement forces (Paragraph [0030]).
Regarding claim 4, Kates in view of Brandt discloses the system of claim 2. Brandt also discloses wherein the second wrap is movable up and down the spine to adjustably set the location of the second wrap corresponding to a desired spot on the torso of the wearer (Paragraph [0028]; wherein the shoulder straps can be adjustably secured to the thermal pack 108-2 such that the wearer can loosen or tighten the shoulder strap, therefore allowing for movement up and down the spine). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Kates to substitute the means of connection to be a spine as taught by Brandt. The motivation being to secure and hold both thermal elements without the ability fold or compress due to gravitational and other movement forces (Paragraph [0030]).
Regarding claim 13, Kates in view of Brandt discloses the system of claim 2. Kates also discloses wherein the first and second wraps are further adapted to supply compression forces on the regions of the torso the wraps engage (Paragraph [0022])
Claim 12 is rejected under 35 U.S.C 103 as being unpatentable over Kates in view of WERSLAND et al. (US 20230132167) herein referred to as WERSLAND.
Regarding Claim 12, Kates discloses the wrap system of claim 1. However, Kates does not explicitly disclose wherein the heating elements are powered by one or more batteries connected to the wrap system.
WERSLAND discloses a multizone wrap system (Figure 2) wherein the heating elements are powered by one or more batteries connected to the wrap system (Figure 3, 58). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the system taught by Kates to allow for the heating elements to be powered by one or more batteries as taught by WERSLAND. The motivation being to provide power to the control module which allows for the heating elements to heat (WERSLAND, Paragraph [0159]).
Claim 15 is rejected under 35 U.S.C 103 as being unpatentable over Brandt in view of Kates.
Regarding Claim 15, Brandt discloses an adjustable cooling wrap for a torso (Figure 1), comprising: a. a cooling wrap for wrapping around the torso of the wearer (Figure 1, 106-5); and b. a pair of adjustable length shoulder straps (Figure 1, 104-1 & 104-2), each strap having ends connected to the upper edge of opposite ends of the wrap (Figure 3); such that by adjusting the length of the shoulder straps, the cooling wrap may be adjustably wrapped around a desired region of the wearer's torso (Paragraph [0028]). However, Brandt does not explicitly disclose a heating wrap.
Kates disclose an adjustable heating wrap (Figure 1) including a heating wrap (Figure 1, 26). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the cooling wrap taught by Brandt to be a heating wrap as taught by Kates. The motivation being heating and cooling therapy are used interchangeably in the art (Kates, Paragraph [0006]).
Claim 16-18 is rejected under 35 U.S.C 103 as being unpatentable over WERSLAND in view of Kates
Regarding Claim 16, WERSLAND discloses A method for heat treating zones of a subject’s torso (Paragraph [0060]), the method comprising: a. donning onto the torso an integrated, multizone, wrap system having a lower torso wrap and a second torso wrap spaced apart from the first torso wrap (Paragraph [0060] wherein first torso wrap is seen as the middle end portion and the second torso wrap is seen as the first end portion), both wraps having therein one or more heating elements (Paragraph [0060]; wherein each portion contains a heating element); b. adjusting the location of the second torso wrap to a desired zone on the torso (Paragraph [0225]; wherein first end portion which is also the second torso wrap, is adjusted to fit against the user’s stomach based on where the first end and second end meet); c. securing the lower torso wrap and second torso wrap onto the torso (Paragraph [0226]; wherein both torso wraps are secured onto the patients torso by hook and loop); and d. electronically activating the wrap system to supply heat to the torso (Paragraph [0028]). However, WERSLAND does not explicitly disclose a second torso wrap spaced above the lower torso wrap.
Kates discloses A multizone, wrap system for supplying heat treatment to a torso of a wearer (Figure 1) a second wrap spaced apart from and above the lower torso wrap and connected to the lower torso wrap, (See annotated Figure 1 below). Therefore, it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to have modified the method taught by WERSLAND to have the second torso wrap above the lower torso wrap. The motivation being to apply heat therapy to strategic locations on the users body (Kates, Paragraph [0006]).
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Regarding claim 17, WERSLAND in view of Kates discloses the method of claim 16. WERSLAND also discloses wherein the activation of the wrap system supplies heat simultaneously from the lower torso wrap and second torso wrap to the torso (Paragraph [0024]; wherein the temperature control module is in communication with controller such that all the modules are powered and controlled together by the controller)
Regarding claim 18, WERSLAND in view of Kates discloses the method of claim 16. WERSLAND also discloses wherein the activation of the wrap system supplies heat selectively from the lower torso wrap and second torso wrap to the torso (Paragraph [0024]; wherein a battery can be located in the module, thus making each module independent and interchangeable therefore allowing for selective heating).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALYSSA M PAPE whose telephone number is (703)756-5947. The examiner can normally be reached M-F 7:30-5:00.
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ALYSSA M. PAPE
Examiner
Art Unit 3794
/JOANNE M RODDEN/Supervisory Patent Examiner, Art Unit 3794