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 § 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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pelton (US 4,055,188) in view of Koffroth (US 2006/0100682) and Visco (WO 2014/176418).
With regard to claim 1 and 7, Pelton discloses a therapeutic wrap comprising at least one piece having an outer surface and inner surface (e.g. Fig. 1 shows wrap 11, pocket 17 defines an inner and outer surface), and a first and second end (e.g. Fig. 1 shows a first end and second end, edges 23 and 25).
Pelton fails to teach a fastening means disposed on the inner surface of the first end and the inner surface of the second end. Koffroth teaches that it is known to use Velcro at both ends of the belt extremities as a fastening means as set forth in paragraph 19, for providing the predictable results of having a known fastening means to hold the belt in place on a user. However, Koffroth fails to teach the Velcro fasteners are located on both the inner surface of the first and second ends.
Visco teaches that it Is known to make an integral therapeutic wrap/brace as either a single piece or a plurality of pieces such as two separate pieces that connect to eachother, the plurality of pieces/two separate pieces being of mirror symmetry to wrap around a particular body portion as set forth in page 13, paragraph 74 for providing the predictable results of accommodating different body portions of the user.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system as taught by Pelton with a fastening means disposed on the inner surface of the first end and the inner surface of the second end, the fastening means being positioned at the belt extremities as taught by Koffroth, and the therapeutic wrap being made of separate pieces that would be joined together as taught by Visco, since such a modification would provide the predictable results providing a therapeutic belt wrap that can accommodate different body portions due to the separate portions. Such a combination would necessarily result in the Velcro portions being located on the same inner side such that it can connect to the second piece. Alternatively, it would be obvious to one having ordinary skill in the art at the time the invention was made to position the fastening means on the inner surface of the first end and the inner surface of the second end since in a multi piece construction there would only be so many possible combinations of the Velcro fastening means i.e. one on the inside and one on the outside, both on the outside, both on the inside. Therefor it would have been obvious to select one of the known possible arrangements of locating the fastening means on the therapeutic belt/wrap.
With regard to claim 2 and 11, Pelton discloses at least one packet of therapy gel being disposed on the inner surface of the adjustable therapy wrap (e.g. Col. 3, line 10-32).
With regard to claim 3 and 8, Pelton in view of Koffroth and Visco disclose the invention as claimed above. Pelton fails to teach the fastening means is a hook and loop fastener. Koffroth teaches that it is known to use Velcro (generically known as a hook and loop closure/fastener) for connecting the therapeutic belt/wrap together. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of Pelton with use a hook and loop fastener as taught by Koffroth since such a modification would provide a known alternative closure mechanism for adjusting and sizing the belt to the user to ensure proper fit and prevent movement/dislodgement.
With regard to claims 4-6, Pelton in view of Koffroth and Visco teach use of a hook and loop fastener as applied to claim 3 above, but fail to teach fastening means of snaps, buttons, or a zipper. It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the system of Pelton in view of Koffroth and Visco with using any of snaps, buttons, or a zipper in place of the hook and loop fastener since all of these are very well known alternative closure/fastening means and the selection of any of these known alternatives would be within the level of ordinary skill in the art.
With regard to claim 9, Pelton in view of Koffroth and Visco as applied above with respect to claim 7 disclose the invention as claimed. With respect to the limitation of the righthand and lefthand pieces are fastened at their respective second ends, the combination above already contemplates use of two separate pieces that join together, page 13 paragraph 74, therefor the pieces (righthand and lefthand pieces) would be fastened at their respective second ends.
With regard to claim 10, the combination of Pelton in view of Koffroth and Visco as applied above already discusses that it would be obvious to select any of the known combinations of placement of the hook and loop fastener (i.e. both on the inside surface, both on the outside surface, one on the outside and one on the inside).
With regard to claim 12-13, 15-20, Pelton discloses the therapy wrap being configured to be placed around shoulders, hips, or back (e.g. Col. 2, line 45-47).
With regard to claim 14, Pelton discloses at least one packet of therapy gel being disposed on the inner surface of the adjustable therapy wrap (e.g. Col. 3, line 10-32).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH A STOKLOSA whose telephone number is (571)272-1213. The examiner can normally be reached M-F 930AM-530PM.
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/JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794