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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/16 has been entered.
Response to amendment
The amendments dated 5/12/16 amend claims 1, 18. The amendment overcomes the previous 112(b) rejection.
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.
Claim(s) 1-3, 9-10, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Pigg et al. [US Pat. 6152893, hereinafter “Pigg”].
Re. claim 1, Pigg discloses: A compression apparatus [Figs. 3-5] for applying compression to a body part, the compression apparatus comprising:
a wearable device [100, not including straps 2] wearable on the body part, the wearable device comprising a compression portion [6] the compression portion comprising a compression device [the surface of sheet 6 adjacent to the wearer’s body] for applying main compression to the body part [7; Col. 2 lines 16-29]; and
a tensioning device [the plurality of straps 2] attached to the wearable device and wearable on the body part [Fig. 3], the tensioning device overlaying the compression portion [Fig. 5 shows the straps at least partly overlaying the compression portion 6] and comprising one or more continuous straps [2], each strap comprising:
an inelastic portion [“inelastic section” 60] aligned to the compression portion [Fig. 3] and for arranging on the body part [intended use; but see Fig. 3], the inelastic portion having a first end and a second end opposite to the first end [Annotated Fig. 3]; and
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an elastic portion [“elastic section” 55] attached to the first end of the inelastic portion [elastic portion 55 is attached to first end of 50 as shown in Annotated Fig. 3],
wherein when the wearable device and tensioning device are worn on the body part, the elastic portion is attachable to the second end of the inelastic portion [via Velcro™ 10, Fig. 3] enabling stretching of the elastic portion and tightening of and the tensioning device around the compression portion [see Figs. 4-5 which show tightening], thereby causing the compression portion to apply base compression to the body part [“the strap 2 is set to the required degree of compression by tightening the strap 2 to show the second green mark 70, and fastening strap 2 using fastening means 10,” Col. 5 lines 4-6];
wherein the main compression adds to the base compression to increase overall compression applied to the body part, and wherein the inelastic portion overlaid on the compression portion facilitates even distribution of the overall compression on the body part [this is the intended use or result of the above apparatus. However, Pigg’s apparatus does achieve this same result; see “The use of a transfer sheet allows transfer of applied tension from the fastening parts to the sheet which in turn transfers an even pressure load across the sheet to the limb,” Col. 2 lines 35-37. The base pressure is the pressure at which there is neither slack nor tension in the straps, and the increased compression is applied when tension is applied to the straps. See Col. 3 lines 45-53].
Re. claim 2, Pigg discloses the elastic portion and the second end of the inelastic portion comprise mutually engageable fastening elements [Velcro ™ hook and loop fasteners respectively, see 10 on the inelastic portion, with mating hook or loop portions on the elastic end of 2, Fig. 5].
Re. claim 3, Pigg discloses the second end of the inelastic portion is knitted, stitched, or bonded to the wearable device [Bonding is disclosed: “Straps 2 are fixed to the opposite edge 50 of the sheet, by any known means such as gluing, lamination, riveting,” Col. 4 lines 62-63].
Re. claim 9, Pigg discloses the tensioning device is integrated with the wearable device [Col. 4 lines 62-63].
Re. claim 10, Pigg discloses a visual device [indicia/colored markings including 70, 25, 30, and 35] cooperative with the tensioning device for informing a level of the base compression [Col. 2 lines 25-32].
Re. claim 18, Pigg discloses the tensioning device is attachable to the compression device [via holes 40].
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.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg.
Re. claims 4 and 5, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose what material the elastic portion comprises. However, Pigg teaches that it is conventional in the art of compression apparatuses to use elastomeric fabric material such as rubber or polyurethane to form an elastic [Col. 1 lines 7-10].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by forming the elastic portion to comprise an elastomeric fabric material (including rubber or polyurethane) as taught in Col. 1 of Pigg because this material is able to “maintain an effective level of compressive force under the bandage over a period of time,” Col. 1 lines 12-15].
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of McGovern [US 2015/0351469 A1].
Re. claim 6, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose the material of the inelastic portion. However, McGovern teaches, in a garment, an inelastic portion which comprises taffeta, a smooth fabric material [Par. 0036].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by using a smooth fabric material, taffeta, for the inelastic portion, as taught by McGovern, because taffeta provides low friction in all directions in all orientations [Par. 0011].
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of Scott et al. [US 2005/0113729 A1, hereinafter “Scott”]
Re. claim 8, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose the tensioning device being removable. However, Scott teaches, in a compression apparatus, the tensioning device is removably attached to the wearable device [“compression straps 100 can be selectively removed from sleeve 18,” Par. 0032].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by configuring the tensioning device to be removable as taught by Scott in order to allow the sleeve to be used independent of the compression strap s[Scott Par. 0032], or for the straps to be replaced e.g. once the elastic has worn out or if a larger strap is desired.
Claim(s) 11-12 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of Coleman [US 2003/0195449 A1].
Re. claims 11-12, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose the skin-contact layer. However, Coleman teaches a restrictive garment apparatus wherein the wearable device further includes a skin-contact layer which is a smooth fabric material for interfacing between the wearable device and the body part [“innermost layer,” which comprises a “smooth” nylon fabric, Par. 0063].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by configuring the inner layer to be a skin-contact layer which is a smooth fabric material as taught by Coleman in order to improve the comfort of the device [Coleman Par. 0063].
Re. claim 20: Coleman teaches the inner layer being nylon stockings, which are able to wick moisture; therefore, the skin-contact layer of Pigg-Coleman is configured for moisture wicking.
Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of Deshpande [US 2012/0078146 A1]
Re. claims 13 and 14, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose the control module or the inflatable bladder. However, Deshpande discloses, in a compression apparatus, the wearable device comprises a control module [24B] for controlling the main compression applied by the compression portion [Pars. 0020-0021], wherein the compression portion comprises an inflatable bladder [26A-C] for actively applying the main compression to the body part.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by configuring the compression portion to comprise inflatable bladder(s) and the device to include a control module for controlling the main compression applied by the compression portion (by inflating/deflating the bladders), as taught by Deshpande, because this allows for both a pressurization sequence, which improves the flow of bodily fluids [Deshpande Par. 0021] and for the baseline pressure to be adjusted in response to a variety of characteristics [Deshpande Par. 0032].
Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of Biddulph et al. [US 201850338868 A1, hereinafter “Biddulph”]
Re. claim 15, Pigg discloses the apparatus with respect to claim 1 above, but fails to disclose the inelastic portion length configured to be adjusted. However, Biddulph teaches, in a compression apparatus having a strap which is inelastic, an inelastic portion is configured for adjustment of an overall length of the inelastic portion [Par. 0014].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by configuring the inelastic portion to be adjustable in length as taught by Biddulph in order to allow a wide range of user sizes to be accommodated [Biddulph Par. 0014].
Re. claim 16, Biddulph further teaches the inelastic portion comprises a plurality of detachably joined sections for adjusting the overall length [Par. 0021. The sections are those parts of the main strap which are cut and the fastening tabs which are also removable].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by configuring the inelastic portion to comprise a plurality of detachably joined sections for adjusting the overall length as taught by Biddulph in order to allow a wide range of user sizes to be accommodated [Biddulph Par. 0014].
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pigg in view of Lucero et al. [US 20110009793 A1, hereinafter “Lucero”]
Re. claim 19, Pigg discloses the compression apparatus according to claim 1 but fails to disclose a separate garment comprising the compression apparatus. However, Lucero teaches a garment [shorts 10] comprising a compression apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the apparatus of Pigg by incorporating the compression apparatus into a garment as taught by Lucero because this allows for a multifunctional device which performs the compression function as well as the necessary function performed by the garment, reducing the overall number of parts needed.
Response to Arguments
Applicant's arguments filed 5/12/26 have been fully considered but they are not persuasive.
Applicant argues that Pigg fails to teach a “compression or actuation device.” First, the examiner notes that the claims refer to a “compression device” and not an actuation device, so there is no requirement that the latter be taught. The term “compression device” which does not invoke 112(f) is reasonably construed as any device which provides compression. The above-cited compression device does so. The examiner finds that the amendments do not meaningfully change the scope of the claims to the extent that Pigg would not read on the claimed invention. It is suggested that the “compression device” be further described in the claims to clearly limit what type of device qualifies as a compression device.
Applicant argues that Pigg and Deshpande should not reasonably be combined. However, the examiner does not find that the addition of an inflatable bladder requires the further limitations that Applicant describes. The entire invention of Deshpande need not be incorporated into Pigg, but only that as set forth above.
ConclusionAny inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN MCGRATH whose telephone number is (571)270-0674. The examiner can normally be reached M-Th 9 am to 3 pm ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JACKIE HO can be reached at (571) 272-4696. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ERIN MCGRATH/Primary Examiner, Art Unit 3771
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