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 § 102
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 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) 1-2, 7, 9 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eckes U.S Patent No. (5,826,273).
With respect to claim 1, Eckes discloses a thermal treatment device (Abstract) and (figs.1-3), comprising:
a sleeve (32, figs.1 and 3), the sleeve (34) is configured for covering a back of a human leg (as shown in fig.3); Note: a sleeve is a garment that covers all or part of an anatomy; and
the sleeve (34) has a first pocket (22) configured to be adjacent to a glute (as shown in fig.3), a second pocket (22) configured to be adjacent to a hamstring (as shown in fig.3), and a third pocket (22) configured to be adjacent to a calf of the leg (as shown in fig.3) when the sleeve covers the back of the human leg (as shown in fig.3), the pockets (22) adaptable to receive a thermal source (Abstract, each pocket is adapted to receive a thermal packet for effecting a hear transfer between the packet and the body of the user); wherein the pockets are located on an outside surface of the sleeve for receiving the thermal source ([Col.4], lines 18-19, a plurality of pockets 22 are affixed to the exterior surface 29 of the article of clothing 20). Note: as shown in the anatomy of the leg below the pockets of Eckes are positioned on the aforementioned anatomical structures (glute, hamstring and calf) of the user.
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With respect to claim 2, Eckes discloses the sleeve (34) is configured to cover the back of the leg from a calf to the glute (as shown in fig.3).
With respect to claim 7, Eckes discloses the sleeve (34) has an inside surface or inner surface (surface in contact with the skin of the user) and an outside surface or outer surface (surface away from the skin of the user), and wherein the inside surface is configured to be in direct contact with the leg (as shown in fig.3).
With respect to claim 9, Eckes discloses the pockets (22) are accessible on the outside surface of the sleeve source ([Col.4], lines 18-19, a plurality of pockets 22 are affixed to the exterior surface 29 of the article of clothing 20).
With respect to claim 13, Eckes discloses the sleeve (34) provides is configured to provide compression to the leg when maintained on the leg ([Col.5], lines 37-40, the preferred fabric for use in this embodiment is any fabric that is breathable, stretchable; the stretchable feature of the fabric will impart some degree of compression to the leg of the wearer).
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.
Claim(s) 3 is rejected under 35 U.S.C. 103 as being unpatentable over Eckes as applied to claim 1 above, and further in view of Petitt U.S. Publication No. (2008/0125842 A1).
With respect to claim 3, Eckes substantially discloses the invention as claimed except the thermal source can be a gel pack.
Petitt however, teaches a compression garment or a form-fitting elastic garment includes a plurality of pockets at locations corresponding to a plurality of muscle groups and/or tendons. The pockets are adapted to receive a thermal medium and hold the thermal medium tightly against a muscle group and/or tendons of a wearer. A thermal therapy kit includes a thermally insulated container storing a thermal medium and such a form fitting garment (Abstract) and (figs.7-9) wherein the pockets are configured for receiving a thermal source such as gel packs [0044].
In view of the teachings of Petitt, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermal treatment device of Eckes by incorporating a gel pack for providing thermal therapy to tissue in an effort to heal and rehabilitate injuries such as bruises, sprains, or other trauma to bone, muscle, ligaments, tendons, and tissue and to treat degenerative conditions and inflammatory diseases and disorders [0003] of Petitt.
Claim(s) 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Eckes as applied to claim 1 above, and further in view of Curless et al. U.S. Patent No. (3,866,604).
With respect to claim 5, Eckes substantially discloses the invention as claimed except the sleeve is a split sleeve having a first edge and a second edge that are adjacent to each other when the split sleeve is wrapped around the leg.
Curless et al. however, teaches a compression wrap (Abstract) and (figs.1 and 3) comprising a split sleeve (10, fig.3) having a first edge and a second edge (as shown in fig.3, in the unwrapped configuration having a first side, where element 10 is located and the other side opposite) that are adjacent to each other when the split sleeve is wrapped around the leg (as shown in fig.1).
In view of the teachings of Curless et al., it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the sleeve of Eckes by incorporating a sleeve having a split sleeve having a first edge and a second edge that are adjacent to each other when the split sleeve is wrapped around the leg that can be easily donned on the anatomy of the user.
With respect to claim 6, the combination of Eckes/Curless et al. substantially discloses the invention as claimed. Curless et al. further teaches the split sleeve, when wrapped around the leg, configured to encase the leg such that the first edge of the split sleeve is opposed to the second edge of the split sleeve (as shown in fig.1).
Claim(s) 4, 10-12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Eckes as applied to claim 1 above, and further in view of Foster U.S. Publication No. (2017/0065843 A1).
With respect to claim 4, Eckes substantially discloses the invention as claimed except a plurality of bands configured for wrapping the sleeve around the leg.
Foster however, teaches a compression device (abstract) comprising having pockets or pouches (164) and a plurality of bands (158, 162, fig.1) and [0031] configured for wrapping the sleeve around the leg (as shown in fig.1).
In view of the teachings of Foster, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermal treatment device of Eckes by incorporating a plurality of bands configured for wrapping the sleeve around the leg to be tightened to provide specific restrictive and compressive forces according to the specific user [0031] of Foster.
With respect to claim 10, Eckes discloses a fourth pocket (22) configured to be adjacent to an underside of a knee (as shown in fig.2) except and a fifth pocket configured to be adjacent to a kneecap.
Foster however, teaches a compression device (abstract) comprising a pants 104 having pockets or pouches (164) adjacent to an underside of a knee and pockets or pouches adjacent to a kneecap (as shown in fig.1); note: (element 170 are knee cut out [0032] as such the underside the knee and adjacent kneecap is considered below the knee cut out as set forth in fig.1).
In view of the teachings of Foster, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermal treatment device of Eckes by incorporating a fifth pocket configured to be adjacent to a kneecap in order to improve joint mobility and promote tissue healing when use with a thermal source.
With respect to claim 11, Eckes substantially discloses the invention as claimed except a sixth pocket configured to be adjacent to an upper thigh, a seventh pocket configured to be adjacent to a lower thigh.
Foster however, teaches a compression device (abstract) comprising a pants 104 having pockets or pouches (164) adjacent to an upper thigh and a pockets or pouches (164) adjacent to a lower thigh [0032] and (as shown in the reproduced image of fig.1 below).
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In view of the teachings of Foster, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermal treatment device of Eckes by incorporating a sixth pocket configured to be adjacent to an upper thigh, a seventh pocket configured to be adjacent to a lower thigh for providing compression to targeted areas in order to improve joint mobility and promote tissue healing when use with a thermal source.
With respect to claim 12, the combination of Eckes/Foster substantially discloses the invention as claimed. Foster further teaches an eighth pocket or pouch [0032] and (164, fig.1 as well as, in the reproduced image of fig.1 below) configured to be adjacent to a shin of the leg.
In view of the teachings of Foster, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the thermal treatment device of Eckes by incorporating a an eighth pocket configured to be adjacent to a shin of the leg for providing compression to targeted areas in order to improve joint mobility and promote tissue healing when use with a thermal source.
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With respect to claim 14, the combination of Eckes/Foster substantially discloses the invention as claimed. Foster further teaches the bands include a patch of hook-and-loop fasteners [0027].
With respect to claim 15, Eckes/Foster substantially discloses the invention as claimed. Eckes further discloses a band that is configured to extend across a human waist (as shown in figs.3-4).
Allowable Subject Matter
Claims 16-18 and 21-23 are allowed.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
The closest prior art drawn to Eckes fails to show or make obvious the claimed combinations of elements particularly the limitations as set forth in independent claims 16 and 18 and dependent claims 17 and 21-23 which recite features not taught or suggested by the prior art drawn to Eckes, in combination with the other elements (or steps) of the apparatus and method recited in the claims.
Response to Arguments
Applicant’s arguments, see pages 1-9, filed 12/01/2025, with respect to the rejection(s) of claim(s) 1-2, 7, 13 and 16-17 under 35 USC § 102(a)(1) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Eckes. The Office maintained the teaching reference of Foster to cure the deficiencies of Eckes.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 PM, EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at 5712703076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786