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 .
Specification
The disclosure is objected to because of the following informalities:
The title recites “wearable suite”. This is a typographical error. Examiner suggests rephrasing “wearable suite” to “wearable suit”. Examiner also suggests rephrasing all subsequent mentions of “wearable suite” to “wearable suit” within the specification. Appropriate correction is required.
Claim Objections
Claims 1-10 are objected to because of the following informalities: Claims 1-10 read “wearable suite”. This is a typographical error. Examiner suggests rephrasing all mentions of “wearable suite” to “wearable suit”. 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.
Claim 9 is 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.
Regarding claim 9, the claim recites “a fixation support that is connected to both ends at one side to wrap and fix the ankle”. However, it is unclear what the support is connected to at both ends and whether the “one side” refers to the connection point or to the support itself. Therefore, the claim is rendered indefinite. For examination purposes, the claim is interpreted as meaning that the fixation support is connected at both ends to the connection support and one side of the fixation support wraps the ankle.
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.
(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.
Claims 1-16 are rejected under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention. The publicly available non-patent literature Park (Park, S., Moon, J., Park, J. i., Ryu, J., Nam, K., Yang, J., & Lee, G. (2022). Lighter and Simpler Design Paradigm for Widespread Use of Ankle Exosuits Based on Bio-Inspired Patterns. Biomimetics, 7(4), 148) anticipates claims 1-16 and does not have the same inventive entity as the instant application.
Applicant may rely on the exception under 35 U.S.C. 102(b)(1)(A) to overcome this rejection under 35 U.S.C. 102(a)(1) by a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application, and is therefore not prior art under 35 U.S.C. 102(a)(1). Alternatively, applicant may rely on the exception under 35 U.S.C. 102(b)(1)(B) by providing evidence of a prior public disclosure via an affidavit or declaration under 37 CFR 1.130(b).
Regarding claim 1, Park teaches a biomimetic lightweight wearable suite comprising: a suit portion that covers a body region from the knee to the sole of the foot (Fig. 3B shows the suit covering the body portion from knee to sole of foot); a force transmission pattern portion that surrounds around joints and muscles by mimicking a tendon to disperse a force of an actuator to a garment and a body (Fig. 4, the image on the right where the entire structure in blue on the right leg is the force transmission portion); and an anchor point portion that is designed to surround a joint by mimicking a ligament (Fig 4., on the left, the leg on the left shows a knee anchor and the leg on the right shows an ankle anchor).
Regarding claim 2, Park teaches the suit of claim 1.
Park further teaches wherein the force transmission pattern portion is made of an inelastic material (page 10, the Table 1 caption “High stiffness fabrics and materials such as Dyneema and Cordura or webbing are used for force transmitting and supporting patterns”).
Regarding claim 3, Park teaches the suit of claim 2.
Park further teaches wherein the suit portion has an opening for the knee (Fig. 3B) and possesses flexibility and elasticity (page 10, the Table 1 caption “Fabric and material such as Coolmax with high breathability or rubber band were used for patterns that consider the wearer’s convenience”).
Regarding claim 4, Park teaches the suit of claim 3.
Park further teaches wherein the suit portion comprises an opening for a heel (Fig. 3B the far right image shows a heel opening), covers the body region from the knee to the sole of the foot (Fig. 3B, the middle image shows the entire region from knee to sole covered) and has a form such as knee-high socks or stockings (page 5, Fig. 3 caption “As each part is a separate piece of garment, the wearer can quickly and comfortably pull on kneE-XOcks as if they were wearing socks”).
Regarding claim 5, Park teaches the suit of claim 4.
Park further teaches wherein the force transmission pattern portion has a Y-shaped pattern that starts at the back of the knee and extends along the calf to an ankle (Fig. 4, the image on the right where the right leg shows the Y-shaped pattern on the back of the knee and calf).
Regarding claim 6, Park teaches the suit of claim 5.
Park further teaches wherein the anchor point portion comprises a knee anchor point that is fixed around the knee (Fig. 4, the image on the left where the leg on the left has a knee anchor) to catch a downward pulling force during walking and prevent the suit portion from slipping (page 7, paragraph 2 “the knee anchor point is fixed around the knee, holds the downward pulling force during the walking motion, and prevents the suit from sliding off”).
Regarding claim 7, Park teaches the suit of claim 6.
Park further teaches wherein the anchor point portion further comprises an ankle anchor point that is fixed around the sole of the foot and the ankle (Fig. 4, the image on the left where the leg on the right shows an ankle anchor) to prevent the suit portion from being forcibly removed (page 8, paragraph 4 “the arch fixing layer, which covers the posterior part of the ankle from the arch of the foot, thus supporting the arch and preventing the suit from been unintentionally taken off”).
Regarding claim 8, Park teaches the suit of claim 7.
Park further teaches wherein the anchor point portion is made of an inelastic material (page 8, paragraph 1 “The anchor point of the ankle, designed after this shape, is made of various materials that wrap the ankle smoothly so it can serve as an anchor point without interfering with the extensive movement that occurs in the ankle joint. As this anchor point must also have rigidity to withstand the upward pulling force generated by the force transmission part, the deformation was minimized by using Dyneema”).
Regarding claim 9, Park teaches the suit of claim 8.
Park further teaches wherein the force transmission pattern portion further comprises a fixation support (Fig. 5, the green straps shown in the bottom row, second figure from left) that is connected to both ends at one side to wrap and fix the ankle (Fig. 5 shows the green straps then going onto wrap the ankle).
Regarding claim 10, Park teaches the suit of claim 9.
Park further teaches wherein the force transmission pattern portion comprises a connection portion that is aligned along the calf in a length direction (page 9, Fig. 5 where the light orange Coolmax mesh portion is aligned along the calf), and a strap that is connected to a top end of the connection portion to wrap a top end of the knee (page 9, Fig. 5 where there are webbing straps atop the Coolmax mesh portion that wrap a user’s knee).
Regarding claim 11, Park teaches a wearable suit design method comprising steps of: designing a suit portion that covers a body region from the knee to the sole of the foot (Fig. 3B shows the suit covering the body portion from knee to sole of foot) and possesses flexibility and elasticity (page 10, the Table 1 caption “Fabric and material such as Coolmax with high breathability or rubber band were used for patterns that consider the wearer’s convenience); designing a force transmission pattern portion that is made of an inelastic material (page 10, the Table 1 caption “High stiffness fabrics and materials such as Dyneema and Cordura or webbing are used for force transmitting and supporting patterns”) and surrounds around joints and muscles by mimicking a tendon to disperse a force of an actuator to a garment and a body (Fig. 4, the image on the right where the entire structure in blue on the right leg is the force transmission portion); and designing an anchor point portion (Fig 4., on the left, the leg on the left shows a knee anchor and the leg on the right shows an ankle anchor) that is made of an inelastic material (page 8, paragraph 1 “The anchor point of the ankle, designed after this shape, is made of various materials that wrap the ankle smoothly so it can serve as an anchor point without interfering with the extensive movement that occurs in the ankle joint. As this anchor point must also have rigidity to withstand the upward pulling force generated by the force transmission part, the deformation was minimized by using Dyneema”) and designed to surround a joint by mimicking a ligament.
Regarding claim 12, Park teaches the method of claim 1.
Park further teaches wherein the suit portion is designed to comprise an opening for a heel ((Fig. 3B the far-right image shows a heel opening), cover the body region from the knee to the sole of the foot three dimensionally (Fig. 3B, the middle image shows the entire 3D region from knee to sole covered) and have a form such as knee-high socks or stockings (page 5, Fig. 3 caption “As each part is a separate piece of garment, the wearer can quickly and comfortably pull on kneE-XOcks as if they were wearing socks”).
Regarding claim 13, Park teaches the method of claim 12.
Park further teaches wherein the force transmission pattern portion has a Y-shaped pattern that starts at the back of the knee and extends along the calf to an ankle (Fig. 4, the image on the right where the right leg shows the Y-shaped pattern on the back of the knee and calf).
Regarding claim 14, Park teaches the method of claim 13.
Park further teaches wherein the anchor point portion is designed to have a knee anchor point that is fixed around the knee (Fig. 4, the image on the left where the leg on the left has a knee anchor) to catch a downward pulling force during walking and prevent the suit portion from slipping (page 7, paragraph 2 “the knee anchor point is fixed around the knee, holds the downward pulling force during the walking motion, and prevents the suit from sliding off”) and an ankle anchor point that is fixed around the sole of the foot and the ankle (Fig. 4, the image on the left where the leg on the right shows an ankle anchor) to prevent the suit portion from being forcibly removed (page 8, paragraph 4 “the arch fixing layer, which covers the posterior part of the ankle from the arch of the foot, thus supporting the arch and preventing the suit from been unintentionally taken off).
Regarding claim 15, Park teaches the method of claim 14.
Park further teaches wherein the knee anchor point is designed to directly receive a force generated from the force transmission pattern portion and have a front side made of an inelastic material (page 7 paragraph 3 “The anterior side of the knee anchor point, which receives directly the force generated from the force transmission pattern part, uses Dyneema fabric to minimize deformation”).
Regarding claim 16, Park teaches the method of claim 15.
Park further teaches wherein the ankle anchor point is designed to wrap the ankle (Fig 4 shows the ankle anchor wrapping the anchor), serve as an anchor point without interfering with movement that occurs in an ankle joint (page 8 paragraph 1 “The anchor point of the ankle, designed after this shape, is made of various materials that wrap the ankle smoothly so it can serve as an anchor point without interfering with the extensive movement that occurs in the ankle joint”) and possess a stiffness that withstands an upward pulling force generated from the force transmission pattern portion (page 8 paragraph 1 “As this anchor point must also have rigidity to withstand the upward pulling force generated by the force transmission part, the deformation was minimized by using Dyneema”).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Riener (US 20190343707 A1) in view of Miura (JP 2008050705 A).
Regarding claim 1, Riener teaches a biomimetic lightweight wearable suite comprising: a suit portion (garment layer including thigh garment 102 and shank garment 103 of Fig. 1); a force transmission pattern portion (Fig. 1 power layer transmission tendon 301) that surrounds around joints and muscles (paragraph 0174 discusses tendon 301 surrounding the hip and knee joints and associated muscles) by mimicking a tendon to disperse a force of an actuator (paragraph 0174 “The actuator of this embodiment is connected with a power layer transmission tendon 301”) to a garment and a body (paragraph 0172 “The garments 101, 102 and 103, sometimes referred to together as garment layer 100, are corset-like clothes providing the contact with the skin of the user on one side and attachment points for the passive layer and power layer on the other side” the power layer attaches to the garment and would therefore impart a force to a garment; paragraph 0195 “The power layer's tendons 301 modulate the stiffness of the biological joints 11, 12 and 13”); and an anchor point portion that is designed to surround a joint by mimicking a ligament (paragraph 0178 “The passive elements, i.e. 201 and 202 of the ligament layer are placed on the base layer, i.e. 101, 102, 103 to support hip and knee flexion as well as ankle dorsiflexion”).
Riener is silent wherein the suit portion covers a body region from the knee to the sole of the foot.
However, Miura teaches a suit portion that covers a body region from the knee to the sole of the foot (Fig. 1 shows a lower body suit portion comprising knee tightening pressure portion 28, clamping portion 3 on the ankle, and the portion connecting 28 and 3).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Riener so the suit portion covers from the knee to the sole of the foot. Having the suit portion cover from the knee to the sole of the foot can provide a compressive force on the leg to improve circulation (paragraph 0005 “The present invention aims to provide clothing for the lower limbs that can protect the body and keep it warm, improve blood circulation by adhering to and compressing the lower limbs, hasten recovery from fatigue, and improve athletic ability by compressing muscles and tendons”) and make lower limb movement more effective (paragraph 0007 “The garment body further includes a knee clamping portion that covers the area below the knee in a circular shape and surrounds the periphery of the kneecap to stabilize the kneecap and further facilitate movement of the lower limbs”).
Regarding claim 2, modified Riener teaches the suit of claim 1.
Riener further teaches wherein the force transmission pattern portion is made of an inelastic material (paragraph 0130 “Finally, the power layer of the preferred aspect borrows from the body's muscle-tendon design and uses a series of sinew-like tendons routed across the user's joints and actuated by preferably force-controlled motors” where sinew-like is inelastic and is a strong cord according to Cambridge dictionary).
Regarding claim 3, modified Riener teaches the suit of claim 2.
Riener further teaches wherein the suit portion possesses flexibility and elasticity (paragraph 0187 “The base layer acts as the interface to the user. This layer is partially made of stretchable and breathable materials” where 102 and 103 are part of the base layer).
Miura further teaches an opening for the knee (Fig. 1, opening 33).
Regarding claim 4, modified Riener teaches the suit of claim 3.
Miura further teaches wherein the suit portion comprises an opening for a heel (Fig. 2 where the bottom of the suit shows a heel opening), covers the body region from the knee to the sole of the foot (Fig. 1 shows a lower body suit portion comprising knee tightening pressure portion 28, clamp part 3 on the ankle, and the portion connecting 28 and 3) and has a form such as knee-high socks or stockings (paragraph 0011 “The lower leg garments can be formed into tights that cover from the soles of the feet to the waist, over-the-knee types that cover from the soles of the feet to above the knees, or high socks that cover from the soles of the feet to below the knees”).
Regarding claim 11, Riener teaches a wearable suit design method comprising steps of: designing a suit portion (garment layer including thigh garment 102 and shank garment 103 of Fig. 1) that possesses flexibility and elasticity (paragraph 0187 “The base layer acts as the interface to the user. This layer is partially made of stretchable and breathable materials” where 102 and 103 are part of the base layer); designing a force transmission pattern portion (Fig. 1 power layer transmission tendon 301) that is made of an inelastic material (paragraph 0130 “Finally, the power layer of the preferred aspect borrows from the body's muscle-tendon design and uses a series of sinew-like tendons routed across the user's joints and actuated by preferably force-controlled motors” where sinew-like is inelastic and is a strong cord according to Cambridge dictionary) and surrounds around joints and muscles (paragraph 0174 discusses tendon 301 surrounding the hip and knee joints and associated muscles) by mimicking a tendon to disperse a force of an actuator to a garment and a body (paragraph 0172 “The garments 101, 102 and 103, sometimes referred to together as garment layer 100, are corset-like clothes providing the contact with the skin of the user on one side and attachment points for the passive layer and power layer on the other side” the power layer attaches to the garment and would therefore impart a force to a garment; paragraph 0195 “The power layer's tendons 301 modulate the stiffness of the biological joints 11, 12 and 13” which teaches that the power layer imparts a force to the body to modulate the joint stiffness); and designing an anchor point portion that is made of an inelastic material and designed to surround a joint by mimicking a ligament (paragraph 0178 “The passive elements, i.e. 201 and 202 of the ligament layer are placed on the base layer, i.e. 101, 102, 103 to support hip and knee flexion as well as ankle dorsiflexion”).
Riener is silent wherein the suit portion covers a body region from the knee to the sole of the foot.
However, Miura teaches a suit portion that covers a body region from the knee to the sole of the foot (Fig. 1 shows a lower body suit portion comprising knee tightening pressure portion 28, clamp part 3 on the ankle, and the portion connecting 28 and 3).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Riener so the suit portion covers from the knee to the sole of the foot. Having the suit portion cover from the knee to the sole of the foot can provide a compressive force on the leg to improve circulation (paragraph 0005 “The present invention aims to provide clothing for the lower limbs that can protect the body and keep it warm, improve blood circulation by adhering to and compressing the lower limbs, hasten recovery from fatigue, and improve athletic ability by compressing muscles and tendons”) and make lower limb movement more effective (paragraph 0007 “The garment body further includes a knee clamping portion that covers the area below the knee in a circular shape and surrounds the periphery of the kneecap to stabilize the kneecap and further facilitate movement of the lower limbs”).
Regarding claim 12, modified Riener teaches the method of claim 11.
Miura further teaches wherein the suit portion comprises an opening for a heel (Fig. 2 where the bottom of the suit shows a heel opening), covers the body region from the knee to the sole of the foot (Fig. 1 shows a lower body suit portion comprising knee tightening pressure portion 28, clamp part 3 on the ankle, and the portion connecting 28 and 3) and has a form such as knee-high socks or stockings (paragraph 0011 “The lower leg garments can be formed into tights that cover from the soles of the feet to the waist, over-the-knee types that cover from the soles of the feet to above the knees, or high socks that cover from the soles of the feet to below the knees”).
Claims 5-10 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Riener (US 20190343707 A1) in view of Miura (JP 2008050705 A) as applied above and in further view of Lee (US 20200022864 A1).
Regarding claim 5, modified Riener teaches the suit of claim 4.
Modified Riener is silent wherein the force transmission pattern portion has a Y-shaped pattern that starts at the back of the knee and extends along the calf to an ankle.
However, Lee teaches a force transmission portion that starts at the back of the knee and extends along the calf to an ankle (Fig. 6, paragraph 0084 “An end of the second wire 310 may be located on the calf in the back of the knee to assist the back of the knee with muscular strength”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Riener so the force transmission portion starts at the back of the knee and extends along the calf to ankle. Having the wires at the back of the knee and extending along the calf can provide more support to the back of the knee (paragraph 0084 “An end of the second wire 310 may be located on the calf in the back of the knee to assist the back of the knee with muscular strength”). The Y-shaped pattern is an obvious design modification made by one skilled in the art as the design change has no patentably distinct function. See MPEP 2144.04.
Regarding claim 6, modified Riener teaches the suit of claim 5.
Miura further teaches wherein the anchor point portion comprises a knee anchor point that is fixed around the knee (Fig. 1 annular part 31 and patella portion 32) to catch a downward pulling force during walking and prevent the suit portion from slipping (paragraph 0018 “the patella part 32 of the knee clamping part 28 exerts pressure on the patellar ligament, preventing the patella 29 from moving and keeping it in a fixed position, so that the knee can continue to be used without any problems”).
Regarding claim 7, modified Riener teaches the suit of claim 6.
Miura further teaches wherein the anchor point portion further comprises an ankle anchor point that is fixed around the sole of the foot and the ankle (Fig. 1 main portion 22 and ankle portion 3 that wrap around sole of foot and ankle) to prevent the suit portion from being forcibly removed (paragraph 0014 teaches a tightening pressure by portion 22 that would prevent any movement by the suit itself).
Regarding claim 8, modified Riener teaches the suit of claim 7.
Miura further teaches wherein the anchor point portion is made of an inelastic material (paragraph 0014 “A part of this pressure-applying portion 3 is further provided with a main pressure-applying portion 22 with lower elasticity”; paragraph 0022 “As described above, the compressing portion 3 and the main compressing portion 22 cooperate to provide a compressive effect of approximately 18 to 40 hPa at the ankle. In order to obtain such compressive and fixing effects, a material capable of providing such compressive effects can be selected and connected to the garment body 2 to form an integrated body”; One skilled in the art would reasonably expect that a material that would apply this compression would be inelastic).
Regarding claim 9, modified Riener teaches the suit of claim 8.
Lee further teaches wherein the force transmission pattern portion further comprises a fixation support (Fig. 13A where strap 291 and portion 290 together are a fixation structure) that is connected to both ends at one side to wrap and fix the ankle (Fig. 13A where the strap 291 is connect at two ends to wires 210 and 310 and 290 wraps the ankle).
Regarding claim 10, modified Riener teaches the suit of claim 9.
Lee further teaches wherein the force transmission pattern portion comprises a connection portion that is aligned along the calf in a length direction (Fig. 6 where wire 310 is a connection that is aligned along the calf in a length direction) and a strap (buttress 280) that is connected to a top end of the connection portion to wrap a top end of the knee (paragraph 0118 “The buttress 280 may prevent the skin from being pressed by the first and second wires 210 and 310 and may include interlining or a stiff synthetic material with rigidity. The buttress 280 may also be used to guide the second wire 310 and the second sheath 360, which extend from the front of the knee to the calf in the back of the knee via a lateral side of the knee”).
Regarding claim 13, modified Riener teaches the method of claim 12.
Modified Riener is silent wherein the force transmission pattern portion has a Y-shaped pattern that starts at the back of the knee and extends along the calf to an ankle.
However, Lee teaches a force transmission portion that starts at the back of the knee and extends along the calf to an ankle (Fig. 6, paragraph 0084 “An end of the second wire 310 may be located on the calf in the back of the knee to assist the back of the knee with muscular strength”).
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing
date of the claimed invention to have modified the product of Riener so the force transmission portion starts at the back of the knee and extends along the calf to ankle. Having the wires at the back of the knee and extending along the calf can provide more support to the back of the knee (paragraph 0084 “An end of the second wire 310 may be located on the calf in the back of the knee to assist the back of the knee with muscular strength”). The Y-shaped pattern is an obvious design modification made by one skilled in the art as the design change has no patentably distinct function. See MPEP 2144.04.
Regarding claim 14, modified Riener teaches the method of claim 13.
Miura further teaches wherein the anchor point portion is designed to have a knee anchor point that is fixed around the knee (Fig. 1 annular part 31 and patella portion 32) to catch a downward pulling force during walking and prevent the suit portion from slipping (paragraph 0018 “the patella part 32 of the knee clamping part 28 exerts pressure on the patellar ligament, preventing the patella 29 from moving and keeping it in a fixed position, so that the knee can continue to be used without any problems”) and an ankle anchor point that is fixed around the sole of the foot and the ankle (Fig. 1 main portion 22 and ankle portion 3 that wrap around sole of foot and ankle) to prevent the suit portion from being forcibly removed (paragraph 0014 teaches a tightening pressure by portion 22 that would prevent any movement by the suit itself).
Regarding claim 15, modified Riener teaches the method of claim 14.
Miura further teaches wherein the knee anchor point is designed to directly receive a force generated from the force transmission pattern portion (paragraph 0018 “the patella part 32 of the knee clamping part 28 exerts pressure on the patellar ligament, preventing the patella 29 from moving and keeping it in a fixed position, so that the knee can continue to be used without any problems”; when the modifications of Miura are combined with Riener, one skilled in the art would reasonably expect that the knee anchor point could receive force from the force transmission portion).
Modified Riener is silent on a front side made of an inelastic material.
However, Miura does teach changing the material of the anchor point to achieve a desired compressive force (paragraph 0028 “In the knee area 26 and the waist area 36, the desired compressive effect can also be obtained by changing the material without relying on overlapping as described above”). Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the product of Riener so the knee anchor would be inelastic. The rigidness of the knee anchor point can add more support to the user’s knee and provide stability in the knee joint during movement.
Regarding claim 16, modified Riener teaches the method of claim 15.
Miura further teaches wherein the ankle anchor point is designed to wrap the ankle (Figs. 1 and 2 show the ankle wrapped), serve as an anchor point without interfering with movement that occurs in an ankle joint (paragraph 0005 “The present invention aims to provide clothing for the lower limbs that can protect the body and keep it warm, improve blood circulation by adhering to and compressing the lower limbs, hasten recovery from fatigue, and improve athletic ability by compressing muscles and tendons, while also providing the same effect as ankle taping for preventing inversion or eversion sprains of the ankle joint during exercise”; the device can improve athletic ability and can be used during exercise which would require movement in an ankle joint) and possess a stiffness that withstands an upward pulling force generated from the force transmission pattern portion (paragraph 0014 “A part of this pressure-applying portion 3 is further provided with a main pressure-applying portion 22 with lower elasticity”; paragraph 0022 “As described above, the compressing portion 3 and the main compressing portion 22 cooperate to provide a compressive effect of approximately 18 to 40 hPa at the ankle. In order to obtain such compressive and fixing effects, a material capable of providing such compressive effects can be selected and connected to the garment body 2 to form an integrated body”; One skilled in the art would reasonably expect that a material that would possess a necessary stiffness to withstand an upward pulling force).
Conclusion
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/AKHIL A JAYAN/Examiner, Art Unit 3785
/JOSEPH D. BOECKER/Primary Examiner, Art Unit 3785