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 § 112
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, line 1, the preamble is claiming “A thermal therapy system”. However, the body of the claim is claiming a “Compression garment” with pockets to “ receive and hold in place a thermal therapy pack”. However, it does not appear that a Thermal pack is positively claimed within the pocket or pockets in combination with the garment. Therefore, it is not clear as to what the “thermal therapy system” comprises in order to be a “Therapy system”.
In claim 2, line 2, it is not clear as to what the “target anatomical area’ encompasses since no such area has been claimed within the compression garment or on a “wearer” or “user” as broadly claimed.
In regard to claims 3 and 17, there is no antecedent basis for “The user’s waist”, for “The user” as in claims 4 and 18, “The knee of the user” as in claim 5, “The ankle of the user” as in claim 6, “The elbow of the user” as in claim 7 and “the shoulder of the user” as in claim 8. In claim 20, line 3, there is no antecedent basis for “the waistband” and in line 6, there is no antecedent basis for “the waist”.
Also, in claim 3, the “anatomical area “ of “ a user’s waist” appears that applicant is claiming non-statutory subject matter of a “human user’s waist”. In claims 4—8, it also appears that applicant is claiming non-statutory subject matter of “human body parts” including “ a limb of the user as in claim 4, “The knee of a user” as in claim 5, “The ankle of a user” as in claim 6, “the elbow of the user” as in claim 7 and “the shoulder of the user” as in claim 8.
In claim 16, the preamble of claim 16 is unclear for the same reasons as stated above in regard to claim 1. However, the body of the claim is claiming a “Compression garment” with pockets to “ receive and hold in place a thermal therapy pack”. However, it does not appear that a Thermal pack is positively claimed within the pocket or pockets in combination with the garment. Therefore, it is not clear as to what the “thermal therapy system” comprises in order to be a “Therapy system”.
In claim 1, line 6, it is not clear as to what the “target anatomical area’ encompasses since no such area has been claimed within the compression garment or on a “wearer” or “user” as broadly claimed. Applicant needs to add that the compression garment is configured to cover a target anatomical area of treatment or therapy so that the anatomical area is not claimed as a human body part and also wherein the therapy is focused on when the garment is worn in use. Claim 17 is unclear for the same reasons as discussed above in regard to claim 3. Claim 18 is rejected for the same reasons as discussed above in regard to claim 4.
Claim 20 is unclear for the same reasons as claims 1 and 16, as discussed above in regard to the preamble. In claim 20, line 3, there is no antecedent basis for “The waistband”. In claim 20, last line. There is no antecedent basis for “The waist of a suer”. In claim 20, last line. It appears that the thermal therapy pack cannot be placed “anywhere over the waist of a user” since the pocket is on the waistband is a singular area. Therefore, it appears that the therapy pack is only receivable in the pocket as permanently included on the waistband of the compression fabric leggings.
However, the claims, as best understood, have been examined on their merits.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Corcoran (US 2018/0228226 A1).
In regard to claim 1, Corcoran discloses a thermal therapy system 10 of shirt 12 and pant 13 in figures 1A and 1B comprising:
a compression garment 10 of shirt 11 and pant 12 in figures 1A, 1B and in claim 1, lines 2-11 and paras. 0016-0022 comprising an inner and outer surface comprising one or more pockets; wherein the one or more pockets(11a,11b,11e2,11c wherein the pockets contour around the wearer’s rounded body parts of arms and legs and abdominal area, are each comprising at least one opening( see para. (0018) and a circular pouch shape with an interior compartment functionally configured to receive and hold in place a thermal therapy pack as in para. (0021).
In regard to claim 2 Corcoran discloses the thermal therapy system of claim 1 and further wherein the interior compartment of 11a, 11b, 12a is functionally configured to receive and hold the thermal therapy pack over a target anatomical area as in para. (0018) and in figures 1A and 1B.
In regard to claim 3, Corcoran discloses the system as claimed in regard to claim 2 and further wherein the target anatomical area is the user’s waist in figure 1, in the shir as in para. (0019) at 11e2.
In regard to claim 4, Corcoran discloses the system as claimed in claim 2 and further wherein the target anatomical area is a limb of the user as at the arm at 11b, 11a in shirt 11 in figure 1A and in garment 12 at 12b, 12a I figure 1A in para. (0019).
I regard to claim 5 Corcoran discloses the system as claimed in claim 4 and further wherein the target anatomical area is the knee of the user at 12b in figure 1 in garment 12. IN regard to claim 6 Corcoran discloses the target anatomical area as the ankle in garment 12 at 12C in figure 1A. In regard to claim 7 Corcoran discloses the system of claim 4 an further wherein the target anatomical area is the elbow of the user as in shirt 11 at 11b, 11a in figure 1 A.
In regard to claim 8 Corcoran discloses the system as claimed in claim 4 and further wherein the target anatomical area is the shoulder of the user as in figure 1A in the shirt 11 at 111c.
In regard to claim 9 Corcoran discloses the system as in claim 1 and wherein the compression garment is leggings as in figure 1A at garment 12 and para. (0020).
In regard to claim 10 Corcoran discloses the system of claim 1 wherein the compression garment is along sleeve shirt in figure 1A at 11 and para. (0019.
In regard to claims 11-13 Corcoran discloses the system with the therapy packs that are hot, cold, hot/cold as in paras. (0003-0004, 0022).
In regard to claim 14 Corcoran discloses the thermal therapy system as in claim 1 wherein the one or ore pockets are seam pockets in that the pockets are sewn by stitching onto the garment as in para. (0018).
In regard to claim 15 Corcoran discloses the system a in claim 14 and wherein the pockets includes an opening and closure at 15 as claimed. (See Corcoran para. (0018).
In regard to claim 16, Corcoran discloses the garment system of 10 with shirt 1 and pant 12 comprising a compression garment 10 with pant 12 and shirt 11 as discussed above in regard to claim 1 with the inner and outer surfaces and with the pockets of 11a-e, 12a-e as in figures 1A and 1B and as discussed above in regard to claim 1. In regard to claim 17 Corcoran discloses the system as in claim 16 and further wherein the target anatomical area is the user’s waist as in the shirt 11 in figure 1A at 11e2.
In regard to claim 18, Corcoran discloses the garment system as in claim 16 and further wherein the target anatomical area is a limb of a user as claimed and as discussed above in regard to claim 4 In regard to claim 19 Corcoran discloses the garment system as claimed in regard to claim 16 and further wherein the compression garment is a pair of leggings as discussed above in regard to claim 9.
Claim(s) 20 is/are rejected under 35 U.S.C. 102a2 as being anticipated by Cockram (US 20150257459 A1).
In regard to claim 20 Cockram discloses the thermal therapy garment system comprising:
A pair of compression fabric leggings( in para. (0035) comprising an inner and outer surface comprising a circular pouch shaped pocket on the waistband ( in para. 0034) and the circular pouch shaped pocket comprises a front opening and rear opening ( para. (0037-0046) and an interior compartment functionally configures to receive and hold in place a thermal therapy pack anywhere in the waist of a user.
Applicant has not claimed the pack within the pocket and only that a thermal therapy pack may be held in place within the waistband pocket. Applicant is only claiming that the pocket is configured to hold a pack and not that a pack is held within. (See Cockram figure 1A and 1B).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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/GLORIA M HALE/Primary Examiner, Art Unit 3732