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 Objections
Claim 1 is objected to because of the following informalities: the recitation “a dual tubing comprising of two tubes, wherein the dual tubing further comprises a first end and a second end, wherein the first ends connect to the control unit and the second end connects to the treatment apparatus” appears to include a typo for “the first ends” which should be –the first end--. Appropriate correction is
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 17 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.
Claim 17 recites the limitation “the second of the dual tubing” " in line 7. There is insufficient antecedent basis for this limitation in the claim. Firstly, it is unclear which “second end” is being referred to. Is it the second of the first tube or the second tube given that also, the term “the dual tubing” lacks antecedent basis. For purpose of compact prosecution and as best understood, the recitation “the second end of the dual tubing” is interpreted as –the second end of the first wye split--.
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.
Claims 1-2, and 8 are rejected under 35 U.S.C. 102(a)(1) as anticipated by Faghri US 5269369.
Regarding claim 1, Faghri discloses a therapeutic garment 10 (col. 6, lines 1-67, figs. 1-4, please note the garment shown in fig. 1 is applicable to all the garment 10 shown in figs. 1-4, col. 7, lines 31-32) comprising: an inner layer 26b (col. 7, lines 30-51) comprising a first fabric (26b is a fabric layer), a middle layer (in as much as 12,44 and parts of 48 are laid between 26a and 26b as per col. 7, lines 47-51, 12,44 is construed to be a middle layer), wherein the middle layer comprises a control unit 54,62 via 48 (means for heating 54, means for controlling temperature 62, pump 50 are attached to 48 a portion of which connect to 12 thus being in between 26a and 26b), a treatment apparatus 44e1,e2 (col. 8, lines 13-68, col. 9, lines 19-59, fig. 4), and a dual tubing 12 (there are at least two tubings 12) comprising of two tubes 12, wherein the dual tubing 12 further comprises a first end and a second end (inherent in that one end is connected to 44e1,e2 and another end connected to the controls via 48), wherein the first ends connects to the control unit via 48 and the second end connects to the treatment apparatus 44e1,e2, and an outer layer 26a comprising a second fabric (see supra), wherein the inner layer 26b and the outer layer 26a are joined together along a top perimeter of the inner layer 26b and a perimeter of the outer layer 26a via 40 (closure device, col. 7, l. 30-51) wherein the middle layer 12,44e1,e2 is between the inner layer 26b and the outer layer 26a (figs. 1-4).
Regarding claim 2, Faghri discloses the invention as discussed above. Faghri further discloses the therapeutic garment 10 comprises a shape of one of the following: a hat; a stocking cap; a face mask; a neck sleeve; a neck brace; a scarf; a glove; a shirt; a tank top; a vest; an arm sleeve; a leg sleeve; an ankle sleeve; an ankle brace; pants; shorts; a sock; or a full-body suit 10 (col. 6, lines 36-60).
Regarding claim 8, Faghri discloses the invention as discussed above. Faghri further discloses the treatment apparatus 44e1,e2 comprises a series of treatment tubes 12 (fig. 4, col 8, lines 13-68, col. 9, lines 1-58).
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 1-5 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705.
Regarding claim 1, Faghri discloses a therapeutic garment 10 (col. 6, lines 1-67, figs. 1-4, please note the garment shown in fig. 1 is applicable to all the garment 10 shown in figs. 1-4, col. 7, lines 31-32) comprising: an inner layer 26b (col. 7, lines 30-51) comprising a first fabric (26b is a fabric layer), a middle layer (in as much as 12,44 and parts of 48 are laid between 26a and 26b as per col. 7, lines 47-51, 12,44 is construed to be a middle layer), a treatment apparatus 44e1,e2 (col. 8, lines 13-68, col. 9, lines 19-59, fig. 4), and a dual tubing 12 (there are at least two tubings 12) comprising of two tubes 12, wherein the dual tubing 12 further comprises a first end and a second end (inherent in that one end is connected to 44e1,e2 and another end connected to the controls via 48), wherein the first ends connects to a control unit 56 via 48 and the second end connects to the treatment apparatus 44e1,e2, and an outer layer 26a comprising a second fabric (see supra), wherein the inner layer 26b and the outer layer 26a are joined together along a top perimeter of the inner layer 26b and a perimeter of the outer layer 26a via 40 (closure device, col. 7, l. 30-51) wherein the middle layer 12,44e1,e2 is between the inner layer 26b and the outer layer 26a (figs. 1-4).
Although Faghri discloses the middle layer comprises a control unit (means for control 54,62 via 48, means for heating 54, means for controlling temperature 62, pump 50 are attached to 48 a portion of which connect to 12, col. 8, lines 65-68, col. 9, lines 1-18), Faghri does not explicitly disclose the control unit is a middle layer (between an inner and outer layer).
However, Cronn teaches a control unit 16 and an analogous treatment apparatus 22 that define an analogous middle layer 10 via 17 (heating device 10 is an analogous middle layer since it is “incorporated into the interior of the garment 40…carried in a pocket” and since a pocket is defined by an inner layer and an outer layer, the middle layer 10 which includes the controller and the analogous treatment apparatus via carrier 17 which is a fabric[0019]) is between the inner layer and outer layer of an analogous garment 40,55 ([0027, 0030, 0035, 0036, 0040,0050,0051], figs. 3,6D), providing a controller that resides next to the body or inner clothing layer of a wearer to allow control of the power, temperature, and heat settings of the treatment apparatus [0027,0051].
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have provided the middle layer between the inner layer 26b and outer layer 26a of Faghri with a control unit as taught by Cronn in order to have provided an improved therapeutic garment that includes a controller that resides next to the body or inner fabric layer of garment to allow a wearer/user to easily control the power, temperature, and heat settings of the treatment apparatus (Cronn, [0027 et seq, 0051]).
Regarding claim 2, Faghri in view of Cronn discloses the invention as discussed above. Faghri further discloses the therapeutic garment 10 comprises a shape of one of the following: a hat; a stocking cap; a face mask; a neck sleeve; a neck brace; a scarf; a glove; a shirt; a tank top; a vest; an arm sleeve; a leg sleeve; an ankle sleeve; an ankle brace; pants; shorts; a sock; or a full-body suit 10 (col. 6, lines 36-60).
Regarding claim 3, Faghri in view of Cronn discloses the invention as discussed above. Faghri further discloses joining together (via closure device 40) of the inner layer and the outer layer along the top perimeter of the inner and the outer layer (any side of the fabric(s) could be considered the top depending on how a user holds the garment), joining together via 40.
Faghri in view of Cronn does not discloses the joining together of the inner layer and the outer layer along the top perimeter of the inner layer and the perimeter of the outer layer comprises one or more of the following: joining together by a stitching; or joining together by an adhesive.
However, Cronn further teaches an analogous inner layer is stitched into an outer layer to form a basic shape and configuration of a space that accommodates and incorporates the analogous heating apparatus [0036-0037]. Cronn further teaches stitching 28 along edge 26 (which are interpreted to be the top perimeter of a layer used to secure the layer 17 to another fabric, [0028-0029].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have to have substituted joining together via 40 of the top perimeters of inner layer 26b and outer layer 26a of Faghri in view of Cronn with the joining together by a stitiching (e.g. stitching as further taught by Cronn in order to have provided an improved treatment garment that has stitching for joining together some portions of the inner layer and the outer layer at specific regions to maintain a basic shape and configuration of a space that accommodates and incorporates the analogous heating apparatus and tubes in a specific place and direction when making variable positioning of the tubes when adapting the garment for specific patients (Cronn, [0036]).
Regarding claim 4, Faghri in view of Cronn discloses the invention as discussed above. Faghri in view of Cronn do not disclose the treatment apparatus joined to one or both of the inner layer and the outer layer, wherein the joining of the treatment apparatus to one or both of the inner layer and the outer layer comprises one or more of the following: joining together by a stitching; or joining together by an adhesive.
However, Cronn further teaches the analogous treatment apparatus 22 joined to one or both of the inner layer 17 and the outer layer, wherein the joining of the treatment apparatus to one or both of the inner layer 17 and the outer layer comprises one or more of the following: joining together by a stitching 24 [0028-0029], the stitching securing the treatment apparatus to the fabric unitarily.
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have joined the treatment apparatus 44e1,e2 of Faghri in view Cronn with the joining together by a stitching as further taught by Cronn in order to have provided a treatment garment having an improved treatment apparatus that is securely and unitarily stitched to one of the inner or outer layers of the garment in order to generate heat flux into the body at specific locations of the body [0029 et seq. 0030].
Regarding claim 5, Faghri in view of Cronn discloses the invention as discussed above. Faghri further discloses the control unit (means for control includes a power source (battery pack 60), a pump 50, a temperature module subassembly 62 (temperature sensor 62), and two tubing ports 48 (tubings 48 are construed to have ports or openings that allow entry/exit of circulating fluid, col. 8, lines 19-28, col. 9, lines 1-18).
Regarding claim 10, Faghri in view of Cronn discloses the invention as discussed above. Faghri further discloses the treatment apparatus 44e1,e2 comprises a temperature sensor 62 (col. 9, lines 1-18 the means for controlling discloses temperature sensors 62, see fig. 4). Faghri in view of Cronn further teaches the control unit 16 comprises a circuit board (microcontroller and related circuitry and a second temperature sensor ‘thermistors’, as taught by Cronn [0050-0052]).
Claims 6 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 further in view of Marquette WO 2017/083680.
Faghri in view of Cronn discloses the invention as discussed above. Faghri in view of Cronn do not disclose the control unit further comprises a liquid reservoir.
Marquette teaches an analogous control unit 75 further comprising a liquid reservoir 66 ([0055-0056], figs. 14,16) which allows storing of fluid that is pumped via analogous tubes incorporated on an analogous treatment garment 68,22 [0039-0040, 0053-0056] for heating a patient’s limb [0053].
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 control unit of Faghri in view of Cronn with the fluid reservoir 66 as taught by Marquette in order to have provided a treatment garment having an improved control unit that stores fluid that is pumped through the garment for heating a patient’s body part to better adjust the patient’s core temperature (Marquette, [0025 et. Seq. 0053-0056]).
Regarding claim 20, Faghri discloses a therapeutic garment 10 (col. 6, lines 1-67, figs. 1-4, please note the garment shown in fig. 1 is applicable to all the garment 10 shown in figs. 1-4, col. 7, lines 31-32) comprising: an inner layer 26b (col. 7, lines 30-51) comprising a first fabric (26b is a fabric layer), a middle layer (in as much as 12,44 and parts of 48 are laid between 26a and 26b as per col. 7, lines 47-51, 12,44 is construed to be a middle layer), a treatment pad 44e1,e2 (col. 8, lines 13-68, col. 9, lines 19-59, fig. 4, in col. 8, lines 50-65 Faghri discloses the structure of 44e that corresponds to a soft, laminated insulated structure that comprises silicone rubber which gives it softness corresponding to structure that defines a pad), a first tube 12 , a second tube 12 (there are at least two tubes 12 between the layers 26a and 26b), wherein the inner layer 26b and the outer layer 26a are joined together along a top perimeter of the inner layer 26b and a perimeter of the outer layer 26a via 40 (closure device, col. 7, l. 30-51) wherein the middle layer 12,44e1,e2 is between the inner layer 26b and the outer layer 26a (figs. 1-4).
Although Faghri discloses the middle layer comprises a control unit (means for control 54,62 via 48, means for heating 54, means for controlling temperature 62, pump 50 are attached to 48 a portion of which connect to 12, col. 8, lines 65-68, col. 9, lines 1-18), Faghri does not explicitly disclose the control unit is a middle layer (between an inner and outer layer). Also, Faghri does not explicitly disclose wherein the treatment pad comprises a conduit, a first opening on a perimeter of the treatment pad, and a second opening on a perimeter of the treatment pad, wherein the first opening and the second opening each connect to the conduit, wherein the first opening comprises a first tube connector and the second opening comprises a second tube connector; wherein the first tube comprises a first end and a second end, wherein the first end of the first tube connects to the first tube connector and wherein the second end of the first tube connects to the control unit; wherein the second tube comprises a first end and a second end, wherein the first end of the second tube connects to the second tube connector and wherein the second end of the second tube connects to the control unit.
However, Cronn teaches a control unit 16 and an analogous treatment apparatus 22 that define an analogous middle layer 10 via 17 (heating device 10 is an analogous middle layer since it is “incorporated into the interior of the garment 40…carried in a pocket” and since a pocket is defined by an inner layer and an outer layer, the middle layer 10 which includes the controller and the analogous treatment apparatus via carrier 17 which is a fabric[0019]) is between the inner layer and outer layer of an analogous garment 40,55 ([0027, 0030, 0035, 0036, 0040,0050,0051], figs. 3,6D), providing a controller that resides next to the body or inner clothing layer of a wearer to allow control of the power, temperature, and heat settings of the treatment apparatus [0027,0051].
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have provided the middle layer between the inner layer 26b and outer layer 26a of Faghri with a control unit as taught by Cronn in order to have provided an improved therapeutic garment that includes a control unit that resides next to the body or inner fabric layer of garment to allow a wearer/user to easily control the power, temperature, and heat settings of the treatment apparatus (Cronn, [0027 et seq, 0051]).
Faghri in view of Cronn discloses the invention as discussed above. Faghri in view of Cronn does not explicitly disclose wherein the treatment pad comprises a conduit, a first opening on a perimeter of the treatment pad, and a second opening on a perimeter of the treatment pad, wherein the first opening and the second opening each connect to the conduit, wherein the first opening comprises a first tube connector and the second opening comprises a second tube connector, wherein the first tube comprises a first end and a second end, wherein the first end of the first tube connects to the first tube connector and wherein the second end of the first tube connects to the control unit, wherein the second tube comprises a first end and a second end, wherein the first end of the second tube connects to the second tube connector and wherein the second end of the second tube connects to the control unit.
Marquette teaches a conduit 24 in analogous treatment apparatus 22,92 (figs. 14,16,19-27, with regards to connections of 24 for fluid transfer therein, refer to figs. 14,16, however, figs. 19-27 show conduit 24 as part of a pad 92,93 [0058-0064]), a first opening 26A on a perimeter of the treatment apparatus 22, and a second opening 26B on a perimeter of the treatment apparatus, wherein the first opening 26A and the second opening 26B each connect to the conduit 24 (see figs. 14,16), wherein the first opening 26A comprises a first tube connector 26A (26A connects the conduit 24 to tube 60,61 therefore rendering it a first fluid tube connector [0040,0053]) and the second opening 26B comprises a second tube connector 26B (26B connects conduit 24 to tube 60,61 therefore rendering it a first fluid tube connector, see figs. 14 and 16 show there are two tubes, [0040,0053]), wherein the first tube 60,61 comprises a first end and a second end, wherein the first end of the first tube 60,61 connects to the first tube connector 26A and wherein the second end of the first tube connects to an analogous control unit 72 (72 contains controller 75, pump 38 and reservoir 66), wherein the second tube 60,61 comprises a first end and a second end, wherein the first end of the second tube 60,61 connects to the second tube connector 26B and wherein the second end of the second tube connects to the analogous control unit 72 (see figs. 14 and 16, 0039-0040, 0047,0050-0057], providing a treatment pad that encloses a fluid transfer conduit within temperature distribution padding such that temperature distribution in favorably achieving uniform temperature distribution [0058 et seq. 0062-0063]
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have modified the treatment pad 44e1e2 of Faghri in view of Cronn to comprise a conduit, a first opening on a perimeter of the treatment pad, and a second opening on a perimeter of the treatment pad, wherein the first opening and the second opening each connect to the conduit, wherein the first opening comprises a first tube connector and the second opening comprises a second tube connector; wherein the first tube comprises a first end and a second end, wherein the first end of the first tube connects to the first tube connector and wherein the second end of the first tube connects to the control unit; wherein the second tube comprises a first end and a second end, wherein the first end of the second tube connects to the second tube connector and wherein the second end of the second tube connects to the control unit as taught by Marquette in order to have provided a treatment garment having an improved treatment pad that encloses a fluid transfer conduit within temperature distribution padding such that temperature distribution in favorably achieving uniform temperature distribution [0058 et seq. 0062-0063].
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 further in view of Schneider US 4951665
Regarding claim 7, Faghri in view of Cronn discloses the invention as discussed above.
Although the treatment apparatus 44e1e2 of Faghri could be construed as treatment pads (see col. 8, lines 50-65 which describe the structure of 44e1e2), Faghri in view of Cronn do not explicitly disclose the treatment apparatus comprises a treatment pad, wherein the treatment pad comprises one or more conduits and two or more openings on a perimeter of the treatment pad; wherein the two or more openings connect to the one or more conduits; and wherein the two or more openings each comprise a tube connector, wherein the tube connector connects to the second end of the dual tubing.
Schneider teaches an analogous treatment apparatus 10,11, wherein the treatment pad 10,11 (col. 1, lines 56-68, col. 2, lines 1-27) comprises one or more conduits 12,13,14,15 and two or more openings (10’,11’ or A,B,C,D, see annotated figs. 1-2 for more clarity) on a perimeter of the treatment pad 10,11 (openings A,B are on the perimeter of treatment pad 10, and C,D are at the perimeter of the treatment pad 11), wherein the two or more openings A,B,C,D connect to analogous one or more conduits 12,13,14,15 (figs. 1-2), and wherein the two or more openings each comprise a tube connector 10a,10b,11a,11c, wherein the tube connector 10a,10b,11a,11c connects to an analogous second end 17 (the end that connects to the treatment apparatus which is the pad) of the dual tubing 12,13,14,15 (see figs. 1-4), providing treatment pads for circulating thermal fluid with pad being connected in series and each connected to a source of the thermal fluid via improved tubings and connectors that do not kink (col. 1, lines 15-27).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified the treatment apparatus 44e1e2 of Faghri in view of Cronn to include treatment pad, wherein the treatment pad comprises one or more conduits and two or more openings on a perimeter of the treatment pad, wherein the two or more openings connect to the one or more conduits, and wherein the two or more openings each comprise a tube connector, wherein the tube connector connects to the second end of the dual tubing as taught by Schneider in order to have provided a treatment garment that has improved treatment pads for circulating thermal fluid with pad being connected in series and each connected to a source of the thermal fluid via improved tubings, conduits, and connectors that do not kink when the patient wears the garment and makes movements (col. 1, lines 15-27).
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Claims 11-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 further in view of Hardy US 3714947.
Regarding claim 11, Faghri discloses a therapeutic garment 10 (col. 6, lines 1-67, figs. 1-4, please note the garment shown in fig. 1 is applicable to all the garment 10 shown in figs. 1-4, col. 7, lines 31-32) comprising: an inner layer 26b (col. 7, lines 30-51) comprising a first fabric (26b is a fabric layer), a middle layer (in as much as 12,44 and parts of 48 are laid between 26a and 26b as per col. 7, lines 47-51, 12,44 is construed to be a middle layer), a treatment apparatus 44e1,e2 (col. 8, lines 13-68, col. 9, lines 19-59, fig. 4), a first tube 12 , a second tube 12 (there are at least two tubes 12 between the layers 26a and 26b), wherein the first tube 12 comprises a first end and a second end (inherent in that one end is connected to 44e1,e2 and another end connected to the controls via conduits 48), wherein the first end connects to a control unit 56 via 48 and the second end connects to the treatment apparatus 44e1,e2, and an outer layer 26a comprising a second fabric (see supra), wherein the inner layer 26b and the outer layer 26a are joined together along a top perimeter of the inner layer 26b and a perimeter of the outer layer 26a via 40 (closure device, col. 7, l. 30-51) wherein the middle layer 12,44e1,e2 is between the inner layer 26b and the outer layer 26a (figs. 1-4).
Although Faghri discloses the middle layer comprises a control unit (means for control 54,62 via 48, means for heating 54, means for controlling temperature 62, pump 50 are attached to 48 a portion of which connect to 12, col. 8, lines 65-68, col. 9, lines 1-18), Faghri does not explicitly disclose the control unit is a middle layer (between an inner and outer layer). Also, although Faghri discloses the first tube 12 and the second tube 12 each have a first end and a second end, Faghri is also silent on a first wye split, and a second wye split, wherein the first tube comprises a first end and a second end, wherein the first end of the first tube connects to one end of the first wye split and wherein the second end of the first tube connects to the control unit; wherein the second tube comprises a first end and a second end, wherein the first end of the second tube connects to one end of the second wye split and wherein the second end of the second tube connects to the control unit; wherein a second end of the first wye split connects to one of the two treatment apparatuses, and a third end of the first wye split connects to a second of the two treatment apparatuses; wherein a second end of the second wye split connects to one of the two treatment apparatuses, and a third end of the second wye split connects to a second of the two treatment apparatuses.
However, Cronn teaches a control unit 16 and an analogous treatment apparatus 22 that define an analogous middle layer 10 via 17 (heating device 10 is an analogous middle layer since it is “incorporated into the interior of the garment 40…carried in a pocket” and since a pocket is defined by an inner layer and an outer layer, the middle layer 10 which includes the controller and the analogous treatment apparatus via carrier 17 which is a fabric[0019]) is between the inner layer and outer layer of an analogous garment 40,55 ([0027, 0030, 0035, 0036, 0040,0050,0051], figs. 3,6D), providing a controller that resides next to the body or inner clothing layer of a wearer to allow control of the power, temperature, and heat settings of the treatment apparatus [0027,0051].
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have provided the middle layer between the inner layer 26b and outer layer 26a of Faghri with a control unit as taught by Cronn in order to have provided an improved therapeutic garment that includes a control unit that resides next to the body or inner fabric layer of garment to allow a wearer/user to easily control the power, temperature, and heat settings of the treatment apparatus (Cronn, [0027 et seq, 0051]).
Faghri in view of Cronn discloses the invention as discussed above. Although, Faghri discloses the first tube 12 and the second tube 12 each have a first end and a second end, Faghri is also silent on a first wye split, and a second wye split, wherein the first tube comprises a first end and a second end, wherein the first end of the first tube connects to one end of the first wye split and wherein the second end of the first tube connects to the control unit; wherein the second tube comprises a first end and a second end, wherein the first end of the second tube connects to one end of the second wye split and wherein the second end of the second tube connects to the control unit; wherein a second end of the first wye split connects to one of the two treatment apparatuses, and a third end of the first wye split connects to a second of the two treatment apparatuses; wherein a second end of the second wye split connects to one of the two treatment apparatuses, and a third end of the second wye split connects to a second of the two treatment apparatuses.
Hardy teaches a first wye split 104, and a second wye split 112 (figs. 1, 2, 10), wherein an analogous first tube 106 comprises a first end and a second end, wherein the first end of the first tube 106 connects to one end of the first wye split 104 and wherein the second end of the first tube 106 connects to an analogous control unit 108, wherein an analogous second tube 113 comprises a first end and a second end, wherein the first end of the second tube 113 connects to one end of the second wye split 112 and wherein the second end of the second tube 113 connects to the control unit 108, wherein a second end of the first wye split 104 connects to one of the two analogous treatment apparatuses 21 (21 is one treatment apparatus given that it is a front panel that has its own set of warm fluid tubes, col. 2, lines 44-51, col. 3, lines 6-25) via 78,105, and a third end of the first wye split 104 connects to a second 22 of the two analogous treatment apparatuses 22 (22 is a second treatment apparatus as it has its own set of warm fluid tubes), wherein a second end of the second wye split 112 connects via 96,110 to one of the two treatment apparatuses 22, and a third end of the second wye split 112 connects to a second 22 of the two treatment apparatuses 22 via 97,111 (col. 2, lines 31-51, col. 3, lines 27-68, col. 4, lines 1-5), providing wye splits and related tubings that are supply and return passes for fluid that are alternated to effect substantially uniform temperature distribution over the entire surfaces of the treatment apparatuses (col. 1, lines 53-56).
Regarding claim 12, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri further discloses the therapeutic garment 10 comprises a shape of one of the following: a hat; a stocking cap; a face mask; a neck sleeve; a neck brace; a scarf; a glove; a shirt; a tank top; a vest; an arm sleeve; a leg sleeve; an ankle sleeve; an ankle brace; pants; shorts; a sock; or a full-body suit 10 (col. 6, lines 36-60).
Regarding claim 13, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri further discloses joining together (via closure device 40) of the inner layer and the outer layer along the top perimeter of the inner and the outer layer (any side of the fabric(s) could be considered the top depending on how a user holds the garment), joining together via 40.
Faghri in view of Cronn in view of Hardy does not discloses the joining together of the inner layer and the outer layer along the top perimeter of the inner layer and the perimeter of the outer layer comprises one or more of the following: joining together by a stitching; or joining together by an adhesive.
However, Cronn further teaches an analogous inner layer is stitched into an outer layer to form a basic shape and configuration of a space that accommodates and incorporates the analogous heating apparatus [0036-0037]. Cronn further teaches stitching 28 along edge 26 (which are interpreted to be the top perimeter of a layer used to secure the layer 17 to another fabric, [0028-0029].
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have to have substituted joining together via 40 of the top perimeters of inner layer 26b and outer layer 26a of Faghri in view of Cronn in view of Hardy with the joining together by a stitiching (e.g. stitching as further taught by Cronn in order to have provided an improved treatment garment that has stitching for joining together some portions of the inner layer and the outer layer at specific regions to maintain a basic shape and configuration of a space that accommodates and incorporates the analogous heating apparatus and tubes in a specific place and direction when making variable positioning of the tubes when adapting the garment for specific patients (Cronn, [0036]).
Regarding claim 14, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri in view of Cronn in view of Hardy do not disclose the two treatment apparatus joined to one or both of the inner layer and the outer layer, wherein the joining of the treatment apparatuses to one or both of the inner layer and the outer layer comprises one or more of the following: joining together by a stitching; or joining together by an adhesive.
However, Cronn further teaches the analogous treatment apparatus 22 joined to one or both of the inner layer 17 and the outer layer, wherein the joining of the treatment apparatus to one or both of the inner layer 17 and the outer layer comprises one or more of the following: joining together by a stitching 24 [0028-0029], the stitching securing the treatment apparatus to the fabric unitarily.
Therefore, it would have been obvious to one ordinary skill in the art at the time the invention was made to have joined the treatment apparatuses 44e1,e2 of Faghri in view of Cronn in view of Hardy with the joining together by a stitching as further taught by Cronn in order to have provided a treatment garment having an improved treatment apparatuses that is securely and unitarily stitched to one of the inner or outer layers of the garment in order to generate heat flux into the body at specific locations of the body [0029 et seq. 0030].
Regarding claim 15, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri further discloses the control unit (means for control includes a power source (battery pack 60), a pump 50, a temperature module subassembly 62 (temperature sensor 62), and two tubing ports 48 (tubings 48 are construed to have ports or openings that allow entry/exit of circulating fluid, col. 8, lines 19-28, col. 9, lines 1-18).
Regarding claim 17, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri in view of Cronn in view of Hardy further disclose the two treatment apparatuses 21,22 comprise two treatment pads 21,22 (each panel 21 and 22 are considered pads as they have a degree of softness and have their own respective warm fluid conduits), wherein the two treatment pads 21,22 comprise one or more conduits 103,105,110,111 and two or more openings 77,78,96,97 on a perimeter of each of the two treatment pads 21,22 (see figs. 1-2), wherein the two or more openings 77,78,96,97 connect to the one or more conduits 103,105,110,111, and wherein the two or more openings 77,78,96,97 each comprise a tube connector 102 (fig. 8, col. 3, lines 50-68, col. 4, lines 1-5), wherein the tube connector 77,78,96,97 connects to the second end of the first wye split 104 (figs. 1,2,8 and also see 112(b) interpretation above), as taught by Hardy.
Regarding claim 18, Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri further discloses the treatment apparatus 44e1,e2 comprises a temperature sensor 62 (col. 9, lines 1-18 the means for controlling discloses temperature sensors 62, see fig. 4). Faghri in view of Cronn further teaches the control unit 16 comprises a circuit board (microcontroller and related circuitry and a second temperature sensor ‘thermistors’, as taught by Cronn [0050-0052]).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 in view of Hardy US 3714947 further in view of Marquette WO 2017/083680.
Faghri in view of Cronn in view of Hardy discloses the invention as discussed above. Faghri in view of Cronn in view of Hardy do not disclose the control unit further comprises a liquid reservoir.
Marquette teaches an analogous control unit 75 further comprising a liquid reservoir 66 ([0055-0056], figs. 14,16) which allows storing of fluid that is pumped via analogous tubes incorporated on an analogous treatment garment 68,22 [0039-0040, 0053-0056] for heating a patient’s limb [0053].
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 control unit of Faghri in view of Cronn in view of Hardy with the fluid reservoir 66 as taught by Marquette in order to have provided a treatment garment having an improved control unit that stores fluid that is pumped through the garment for heating a patient’s body part to better adjust the patient’s core temperature (Marquette, [0025 et. Seq. 0053-0056]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 further in view of Lee KR 20130089467 A (reliance on machine translation).
Faghri in view of Cronn discloses the invention as discussed above.
Faghri in view of Cronn do not disclose the control unit comprises a magnet positioned in one of the following positions: between the inner and outer layers; on an outside of the inner layer; or on an outside of the outer layer.
Lee teaches an analogous control unit 40,42 of an analogous treatment garment 10 (figs. 1-5), the control unit 40,42 comprises a magnet 12,21,41 (‘the controller 40 is selectively power to the battery 20 to the heating element (11) It applied to, and is provided to control the temperature of the heating element (11). The controller 40 comprises a third magnet 41, a control unit 42, and a switch unit 43; then, as shown in Figure 5, the warmers are attached to the third magnet 41 of the first magnet 12 and the controller 40 of the main body 10. Then, attach the second magnet of the cover portion (30, 21) to the first magnet 12 and the third magnet (41). By doing so, the warmer body 10, the controller 40, and the battery 20 is in a state that can be electrically connected’ see figs. 4-5) the magnet positioned in one of the following positions: between the inner and outer layers (30 is curved creating two layers between which magnets 12 are position, see fig. 5), on an outside of the inner layer (in fig. 4, magnet 12 is positioned on an outside of layer 10); or on an outside of the outer layer (magnet 41 is positioned on the controller 40 on an outer layer mating with magnet 12 as shown in fig. 4), providing a controller that uses magnets to electrically connect the controller, the battery, the switch, to generate control signals to minimize wiring for a simpler design of the warmer (pages 5-7).
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 control unit of Faghri in view of Cronn with the magnet positioned in one of the following positions: between the inner and outer layers; on an outside of the inner layer; or on an outside of the outer layer as taught by Lee in order to have provided an improved treatment garment having an improved control unit controller that uses magnets to electrically connect the controller, the battery, the switch, to generate control signals to minimize wiring for a simpler design of the warmer (Lee, pages 5-7).
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Faghri US 5269369 in view of Cronn US 2015/0083705 in view of Hardy US 3714947 further in view of Lee KR 20130089467 A (reliance on machine translation).
Faghri in view of Cronn in view of Hardy discloses the invention as discussed above.
Faghri in view of Cronn in view of Hardy do not disclose the control unit comprises a magnet positioned in one of the following positions: between the inner and outer layers; on an outside of the inner layer; or on an outside of the outer layer.
Lee teaches an analogous control unit 40,42 of an analogous treatment garment 10 (figs. 1-5), the control unit 40,42 comprises a magnet 12,21,41 (‘the controller 40 is selectively power to the battery 20 to the heating element (11) It applied to, and is provided to control the temperature of the heating element (11). The controller 40 comprises a third magnet 41, a control unit 42, and a switch unit 43; then, as shown in Figure 5, the warmers are attached to the third magnet 41 of the first magnet 12 and the controller 40 of the main body 10. Then, attach the second magnet of the cover portion (30, 21) to the first magnet 12 and the third magnet (41). By doing so, the warmer body 10, the controller 40, and the battery 20 is in a state that can be electrically connected’ see figs. 4-5) the magnet positioned in one of the following positions: between the inner and outer layers (30 is curved creating two layers between which magnets 12 are position, see fig. 5), on an outside of the inner layer (in fig. 4, magnet 12 is positioned on an outside of layer 10); or on an outside of the outer layer (magnet 41 is positioned on the controller 40 on an outer layer mating with magnet 12 as shown in fig. 4), providing a controller that uses magnets to electrically connect the controller, the battery, the switch, to generate control signals to minimize wiring for a simpler design of the warmer (pages 5-7).
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 control unit of Faghri in view of Cronn in view of Hardy with the magnet positioned in one of the following positions: between the inner and outer layers; on an outside of the inner layer; or on an outside of the outer layer as taught by Lee in order to have provided an improved treatment garment having an improved control unit controller that uses magnets to electrically connect the controller, the battery, the switch, to generate control signals to minimize wiring for a simpler design of the warmer (Lee, pages 5-7).
Conclusion
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/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786