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 .
Response to Amendment
The amendment toc claims 1, 5, and the cancelation of claims 4 and 7 in the response filed on 11/10/2025 is acknowledged.
Claims 1-3, 5-6, and 8-10 are now pending in the application.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claim 1 is objected to because of the following informalities: in line 2, the term “a waistband operative to encircle a wearer’s torso…” should be written as –a waistband configured to encircle a wearer’s torso…--.
Claim 9 is objected to because of the following informalities: the term “the leg straps” should be written as –leg straps—or if claim 9 was intended to depend from claim 2, then applicant should amend the claim dependency from “claim 1” to –claim 2--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-6, and 8-10 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.
Claim 1 recites the limitation "the groin region of the compression undergarment" in lines 15-16. There is insufficient antecedent basis for this limitation in the claim. For purpose of compact prosecution, the Examine interpret the term –a groin region of the compression undergarment--.
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.
Claims 1, 3, and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist US 2009/0178182 in view of Montagnino US 6416534.
Regarding claim 1, Dahlquist discloses a panniculus compression undergarment 1 (figs. 1-6, Abstract) comprising: a waistband 6,14 operative to encircle a portion of a wearer's torso (see figs. 4 and 6) including an upper pubic area 2,3,5 [0036-0037, 0052, 0058-0059], wherein the waistband 6 applies pressure against the upper pubic area which is at a groin region of the compression undergarment 1 [0052,0058].
Although Dahlquist discloses a front pressure panel and pads may be inserted as needed under the front pressure panel [0058], Dahlquist does not explicitly disclose a pouch stitched to an interior surface of the waistband; and a heat retaining compression pad contained within the pouch; and a pad cover configured to accommodate the heat retaining compression pad contained within the pouch; wherein the waistband, pouch, and heat retaining compression pad cooperate to apply palpable pressure against the upper pubic area; and wherein a waistband notch of the waistband, a pouch notch of the pouch, a concave notch of the heat retaining compression pad, and a pad cover notch of the pad cover form a respective groin region of each of the waistband, the pouch, the heat retaining compression pad and the pad cover such that the waistband notch, the pouch notch, the concave notch, and the pad cover notch are directly superposed to align with one another at a groin region of the compression undergarment.
However, Montagnino teaches an analogous waistband 60 that is configured to encircle a wearer’s torso, a pouch 55 (heat pad/gel pack pocket 55, see col. 4, lines 25-67, col. 5, lines 1-62) stitched to an interior surface of the waistband 60, a heat retaining compression pad 15,25 contained within the pouch 55, and a pad cover 15a,15b,30a,30b configured to accommodate the heat retaining compression pad 15,25 (each of heat pad 25 and gel pack 15 have cover layers 30a,30b,15a,15b respectively) contained within the pouch 55, wherein the waistband 60, pouch 55, and heat retaining compression pad 15,25 cooperate to apply palpable pressure via 95 against a body part (col. 7, lines 57-67), and wherein a waistband notch A of the waistband 60 (see annotated figs. 5 and 6), a pouch notch B (annotated fig. 6) of the pouch 55, a concave notch C of the heat retaining compression pad 25 (see annotated fig. 5), and a pad cover notch D of the pad cover (as seen in annotated fig. 6, the covers 15a,15b,30a,30b conform to the shape of the v-notch) form a respective body part region of each of the waistband 60, the pouch 55, the heat retaining compression pad 15,25 and the pad cover 15a,15b,30a,30b such that the waistband notch A, the pouch notch B, the concave notch C, and the pad cover notch D are directly superposed (as seen in annotated fig. 6, the notches A-D are superposed and aligned) to align with one another at a body part region, providing a waistband that allows the heat compression pad to be placed in contact with and compressed evenly against a targeted anatomical region of a subject in need of heat therapy, thereby enhancing thermal energy transfer to the anatomical region (col. 7, lines 57-67).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided the waistband 6 near the groin region 5 of the compression garment 1 of Dahlquist with the pouch stitched to an interior surface of the waistband; and a heat retaining compression pad contained within the pouch; and a pad cover configured to accommodate the heat retaining compression pad contained within the pouch; wherein the waistband, pouch, and heat retaining compression pad cooperate to apply palpable pressure against the anatomical area; and wherein a waistband notch of the waistband, a pouch notch of the pouch, a concave notch of the heat retaining compression pad, and a pad cover notch of the pad cover form a respective anatomical region of each of the waistband, the pouch, the heat retaining compression pad and the pad cover such that the waistband notch, the pouch notch, the concave notch, and the pad cover notch are directly superposed to align with one another at the anatomical region as taught by Montagnino in order to have provided an improved panniculus compression undergarment that has an improved waistband that allows the heat compression pad to be placed in contact with and compressed evenly against a groin or pubic region of a subject in need of heat therapy, thereby enhancing thermal energy transfer to the pubic/groin region of the compression undergarment which would be beneficial to healing bladder infections, groin pains, and other ailments in the pubic area (Montagnino, col. 7, lines 57-67).
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Regarding claim 3, Dahlquist in view of Montagnino discloses the invention as discussed above. Dahlquist in view of Montagnino further discloses a fastener (stitching, see fig. 2A, col. 5, lines 4-11) as taught by Montagnino (col. 4, lines 65-67).
Regarding claim 5, Dahlquist in view of Montagnino discloses the invention as discussed above. Dahlquist in view of Montagnino disclose the heat retaining compression pad 15,25 has a wideness and a tallness. Although Dahlquist in view of Montagnino are silent on the heat retaining compression pad is about 4 inches wide by about 4 inches wide, and since applicant has not placed any criticality for these dimensions in the specification ([i]t may have dimensions of, e.g., about 4 inches by about 4 inches, with varying thicknesses to vary intensity.” Written specification, page 4, lines 15-17), it would have been obvious to one of ordinary skill in the art to have constructed the heat retaining compression pad to be about 4 inches wide and 4 inches tall to be able to accommodate a majority of pubic regions of teenagers and adults when using the combination device of Dahlquist in view of Montagnino, 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 In Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist US 2009/0178182 in view of Montagnino US 6416534 further in view of Gillespie US 2012/0083863.
Regarding claim 6, Dahlquist in view of Montagnino discloses the invention as discussed above. Although, Dahlquist in view of Montagnino discloses the heat retaining compression pad includes padding 40 made of filler typically made from nonflammable or flame-resistant fibers (such as neoprene, col. 5, lines 35-39 et seq. col. 4, lines 30-42) as taught by Montagnino, Dahlquist in view of Montagnino does not explicitly disclose on the heat retaining compression pad comprises neoprene.
Gillespie teaches an analogous heat retaining compression pad 4 comprising neoprene 5 (thermal gel pack 4 has a neoprene layer 5 extending underneath it and partly over it [0014-0017], figs. 3-4), providing a neoprene fabric layer that is instrumental for relieving discomfort while increasing usage time since neoprene is well known for its heat retention properties [0017].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided the heat retaining compression pad of Dahlquist in view of Montagnino with layers of neoprene as taught by Gilespie in order to have provided a panniculus compression undergarment that has an improved heat retaining compression pad that has a neoprene fabric layer that is instrumental for relieving discomfort while increasing usage time since neoprene is well known for its heat retention properties (Gilespie, [0017]).
Claims 8 is rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist US 2009/0178182 in view of Montagnino US 6416534 further in view of MacGeorge US 2005/0268379.
Dahlquist in view of Montagnino discloses the invention as discussed above.
Although the undergarment of Dahlquist in view of Montagnino would obviously be capable of being housed within brifts, boxers, or shorts, Dahlquist in view of Montagnino do not explicitly disclose a second garment housing the waistband, the pouch, and the heat retaining compression pad, the second garment selected from the group consisting of panties, thongs, boy-shorts, briefs, boxers, and shorts.
MacGeorge teaches a second garment 12,16,18,22 housing an analogous undergarment 10 having an analogous waistband 28,30, an analogous pouch 48 (at groin region), the second garment being boy-shorts, boxers, and shorts (see figs. 5-6, [0019-0021), providing a single lightweight boxer, brief, boxer shorts type of underwear that may be worn under fashionable baggie pants [0005] .
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have housed the waistband, the pouch, and the heat retaining compression pad of Dahlquist in view of Montagnino with the second housing such as shorts, briefs, or boxers as taught by MacGeorge in order to have provided an improved single lightweight boxers undergarment underwear that may be worn under fashionable baggie pants (MacGeroge, [0005]).
Claims 2 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Dahlquist US 2009/0178182 in view of Montagnino US 6416534 further in view of Christensen US 2008/0254712.
Regarding claim 2, Dahlquist in view of Montagnino discloses the invention as discussed above. Dahlquist in view of Montagnino is silent on further comprising leg straps affixed to a bottom edge of the waistband extending from front to sides or from front to rear.
However, Christensen teaches leg straps 4,5 affixed to a bottom edge (at markings 17,18 which are at edges of the waistband 1 (see fig. 2-7) extending from front (fig. 2) to rear (fig. 3 and 4), [0022,0023,0034,0037-0040], providing leg straps that may be removably added to support a wearer in need of groin support due to various discomforts while allowing adjustability and tightness as desired [0037].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided the undergarment of Dahlquist in view of Montagnino to with comprising leg straps affixed to a bottom edge of the waistband extending from front to sides or from front to rear as taught by Christensen in order to have provided an improved panniculus compression garment having removable leg straps support a wearer in need of groin support due to various discomforts while allowing adjustability and tightness as desired (Christensen, [0037]).
Regarding claims 9 and 10, Dahlquist in view of Montagnino discloses the invention as discussed above. Dahlquist in view of Montagnino disclose the waistband 60 is an elastic fabric blend (such as nylon, polyester, cotton, col. 4, lines 25-52) as taught by Montagnino, Dahlquist in view of Montagnino is silent on wherein the pouch, and leg straps comprise an elastic fabric blend, wherein the elastic fabric blend comprises materials selected from the group consisting of polyester, nylon, cotton, latex, rubber, and any combination thereof.
However, Christensen teaches leg straps 4,5 comprised of elastic fabric blend (SBR which is elastomeric, [0024-0027, and lined with other fabrics such as nylon, cotton, fleece/polyester] and affixed to a bottom edge (at markings 17,18 which are at edges of the waistband 1 (see fig. 2-7) extending from front (fig. 2) to rear (fig. 3 and 4), [0022,0023,0034,0037-0040], providing stretchable leg straps that may be removably added to support a wearer in need of groin support due to various discomforts while allowing adjustability and tightness as desired [0037].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided the undergarment of Dahlquist in view of Montagnino to with comprising leg straps affixed to a bottom edge of the waistband extending from front to sides or from front to rear as taught by Christensen in order to have provided an improved panniculus compression garment having removable and stretchable leg straps support a wearer in need of groin support due to various discomforts while allowing adjustability and tightness as desired (Christensen, [0037]).
Although, Dahlquist in view of Montagnino in view of Christensen do not explicitly disclose the material of the pouch is elastomeric, it would have been obvious to one of ordinary skill in the art at the time of the invention to have made the pouch 55 also from an elastic fabric blend such as nylon, polyester/cotton or lycra similar to that of waistband 60 for their elastic and flexible characteristics and since the pouch is stitched and integrated with waistband 60 as taught by Montagnino (col. 4, lines 48-67), since it has been held that the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Also, applicant has not placed any criticality on the type of material for the pouch in the specification (see specification, page 5, lines 13-23) that would provide an unexpected result.
Therefore, in regards to claim 10, Dahlquist in view of Montagnino in view of Christensen disclose the waistband, the pouch, and the leg straps comprise an elastic fabric blend, wherein the elastic fabric blend comprises materials selected from the group consisting of polyester, nylon, cotton, latex, rubber, and any combination thereof (waistband 60 and pouch 55, col. 4, lines 48-67 in Montagnino, leg straps 4,5, SBR, nylon, cotton Christensen, [0023-0029]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786