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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 29-33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 29 recites “the first fabric having a first loft and a first thermal conductance and the second fabric having a second loft and a second thermal conductance, wherein the first loft is different from the second loft, the first thermal conductance is different from the second different from the second thermal conductance, or both;” in lines 4-7. The terms “the second different from the second thermal conductance” and “or both” render the claim indefinite as it since the metes and bounds of the claim are made unclear. Firstly, the term “the second different” lacks antecedent basis. That is, is “the second different” referring to the “second different loft”? The term “or both” is confusing as it is unclear as to what which one of first and second loft and first and second thermal conductance are being referred to. For purpose of compact prosecution, the Examiner is interpreting the term “the second different” as --the second thermal conductance—and the term “or both” to refer to -- the first fabric having a first loft and a first thermal conductance and the second fabric having a second loft and a second thermal conductance, wherein the first loft is different from the second loft AND the first thermal conductance is different from the second
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 1-13, 15, and 17-28 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Cramer US 6096067.
Regarding claim 1, Cramer discloses a breast pack 10 (col. 1, lines 20-25, col. 9, lines 10-42, figs. 1-2) for delivering heat or cold therapy to a breast (the pack 10 is capable of being applied to a breast given that it is intended for relieving menstrual pain which is normally also felt in female breasts due to tenderness and swelling during their menstrual cycle thus rendering packing 10 as a breast pack), the breast pack 10 comprising: a front sheet 22,26 formed as a laminate (laminated structure, col. 5, lines 40-67) including a first fluid-impervious layer 22 and a first fabric 26, the first fabric 26 having a first loft (32 gsm, col. 10, lines 12-24 evidences inherent first loft of fabric 26 since gsm measures weight and density, directly influencing how thick, substantial, and lofty a fabric feels), a back sheet 20,30 formed as a laminate including a second fluid-impervious layer 20 and a second fabric 30, the second fabric 30 having a second loft larger than the first loft (63 gsm, col. 10, lines 25-35 evidences inherent larger loft since higher gsm means more weight, density/thickness which), the front sheet 22,26 bonded to the back sheet 20,30 at a periphery of the breast pack 10 via 28,32 (the packing inherently has edges that define a periphery that is bonded together to create a volume, col. 9, lines 40-58), such that the front sheet 22,26 and the back sheet 20,30 define therebetween a volume (housing/enveloping 16,18), a gel 16,18 (18 contains silica gel, col. 8, lines 4-44) contained within the volume (col. 5,l lines 38-67, col. 6, lines 1-67, figs. 1-2).
Regarding claim 2, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is plastic (col. 6, lines 5-46).
Regarding claim 3, Cramer discloses the invention a discussed above. Cramer further discloses wherein the plastic is a thermoplastic film (col 6, lines 5-24).
Regarding claim 4, Cramer discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 5, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is plastic (col. 6, lines 5-46).
Regarding claim 6, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is a thermoplastic film (col. 6, lines 5-24).
Regarding claim 7, Cramer discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 8, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 12-25).
Regarding claim 9, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 12-25).
Regarding claim 10, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 25-36).
Regarding claim 11, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 25-36).
Regarding claim 12, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is directly bonded to the second fluid-impervious layer 20 at the periphery 20,22 are thermally bonded together, see fig. 2 and col. 6, lines 25-46).
Regarding claim 13, Cramer discloses the invention a discussed above. Cramer further discloses wherein the front sheet 22,26 has a first shape 12 (12 defining first side has a shape, col. 9, lines 15-32), the back sheet 20,30 has a second shape (second side 14 has a second shape), and the first shape is the same as the second shape (first side 12 and second side 14 have the same shape, see fig. 1).
Regarding claim 15, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first shape and the second shape are bilaterally symmetrical around a vertical axis (see annotated fig. 1 below).
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Regarding claim 17, Cramer discloses a breast pack 10 (col. 1, lines 20-25, col. 9, lines 10-42, figs. 1-2) for delivering heat or cold therapy to a breast (the pack 10 is capable of being applied to a breast given that it is intended for relieving menstrual pain which is normally also felt in female breasts due to tenderness and swelling during their menstrual cycle thus rendering packing 10 as a breast pack), the breast pack 10 comprising: a front sheet 22,26 formed as a laminate (laminated structure, col. 5, lines 40-67) including a first fluid-impervious layer 22 and a first fabric 26, the first fabric 26 having a first thermal conductance (32 gsm, col. 10, lines 12-24 evidences inherent first thermal conductance of fabric 26 since gsm measures weight and density, directly influencing how thick, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer while higher gsm fabrics are lighter more breathable), a back sheet 20,30 formed as a laminate including a second fluid-impervious layer 20 and a second fabric 30, the second fabric 30 having a second thermal conductance smaller that the first thermal conductance (63 gsm, col. 10, lines 25-35 evidences inherent smaller heat conductance since higher gsm means directly influencing how thick, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer while higher gsm fabrics are lighter more breathable so 63 gsm of fabric 30 has a smaller thermal conductance than the 32 gsm of fabric 26), the front sheet 22,26 bonded to the back sheet 20,30 at a periphery of the breast pack 10 via 28,32 (the packing inherently has edges that define a periphery that is bonded together to create a volume, col. 9, lines 40-58), such that the front sheet 22,26 and the back sheet 20,30 define therebetween a volume (housing/enveloping 16,18), a gel 16,18 (18 contains silica gel, col. 8, lines 4-44) contained within the volume (col. 5,l lines 38-67, col. 6, lines 1-67, figs. 1-2).
Regarding claim 18, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is plastic (col. 6, lines 5-46).
Regarding claim 19, Cramer discloses the invention a discussed above. Cramer further discloses wherein the plastic is a thermoplastic film (col 6, lines 5-24).
Regarding claim 20, Cramer discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 21, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is plastic (col. 6, lines 5-46).
Regarding claim 22, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is a thermoplastic film (col. 6, lines 5-24).
Regarding claim 23, Cramer discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 24, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is directly bonded to the second fluid-impervious layer 20 at the periphery 20,22 are thermally bonded together, see fig. 2 and col. 6, lines 25-46).
Regarding claim 25, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 12-25).
Regarding claim 26, Cramer discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 12-25).
Regarding claim 27, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 25-36).
Regarding claim 28, Cramer discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 25-36).
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 1-13, 15, and 17-28 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Cramer US 6096067 in view of Whitely US 10632011.
Regarding claim 1, In the alternative, Cramer discloses a breast pack 10 (col. 1, lines 20-25, col. 9, lines 10-42, figs. 1-2) for delivering heat or cold therapy to a breast (the pack 10 is capable of being applied to a breast given that it is intended for relieving menstrual pain which is normally also felt in female breasts due to tenderness and swelling during their menstrual cycle thus rendering packing 10 as a breast pack), the breast pack 10 comprising: a front sheet 22,26 formed as a laminate (laminated structure, col. 5, lines 40-67) including a first fluid-impervious layer 22 and a first fabric 26, the first fabric 26 having a first loft (32 gsm, col. 10, lines 12-24 evidences inherent first loft of fabric 26 since gsm measures weight and density, directly influencing how thick, substantial, and lofty a fabric feels), a back sheet 20,30 formed as a laminate including a second fluid-impervious layer 20 and a second fabric 30, the second fabric 30 having a second loft larger than the first loft (63 gsm, col. 10, lines 25-35 evidences inherent larger loft since higher gsm means more weight, density/thickness), the front sheet 22,26 bonded to the back sheet 20,30 at a periphery of the breast pack 10 via 28,32 (the packing inherently has edges that define a periphery that is bonded together to create a volume, col. 9, lines 40-58), such that the front sheet 22,26 and the back sheet 20,30 define therebetween a volume (housing/enveloping 16,18), a gel 16,18 (18 contains silica gel, col. 8, lines 4-44) contained within the volume (col. 5,l lines 38-67, col. 6, lines 1-67, figs. 1-2).
Although Cramer discloses the breast pack comprising any compositions capable of providing heat which could comprise granules composed of oils and silica gel included in an exothermic composition 18 contained within the volume (col. 8, lines 4-44) contained within the volume (col. 5, lines 38-67, col. 6, lines 1-67, col. 7, lines 1-67, figs. 1-2), in the alternative, Cramer does not explicitly disclose a gel contained within the volume of the breast pack.
However, Whitely teaches an analogous pack 10 for delivering heat or cold therapy to a body part (col. 4, lines 8-18), the pack 10 comprising an analogous front sheet 16 bonded to an analogous back sheet 18,24 at a periphery 14 of the breast pack 10 (col. 2, lines 17-39, col. 3, lines 59-67), such that the front sheet 16 and the back sheet 18,24 define therebetween a volume 12 (envelope containing 22, col. 2, lines 28-67, fig. 3), a gel (gel beads 20) contained within the volume (col. 2, lines 28-67, col. 3, lines 1-67), providing a pack that includes gel beads that can be resiliently deformable to provide a suitable heat capacity and heat transfer rate (col. 2, lines 61-67 et seq. col. 4, lines 8-18).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided modified the packing 10 and the exothermic composition of Cramer to be a breast packing containing a gel contained within the volume therein as taught by Whitely in order to have provided an improved breast pack that includes gel as an exothermic composition that can be substantially resilient and deformable to provide a suitable heat capacity and heat transfer rate while more comfortably conforming to the shape of the breast (col. 2, lines 61-67 et seq. col. 4, lines 8-18).
Regarding claim 2, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is plastic (col. 6, lines 5-46).
Regarding claim 3, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the plastic is a thermoplastic film (col 6, lines 5-24).
Regarding claim 4, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 5, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is plastic (col. 6, lines 5-46).
Regarding claim 6, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is a thermoplastic film (col. 6, lines 5-24).
Regarding claim 7 Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 8, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 12-25).
Regarding claim 9, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 12-25).
Regarding claim 10, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 25-36).
Regarding claim 11, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 25-36).
Regarding claim 12, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is directly bonded to the second fluid-impervious layer 20 at the periphery 20,22 are thermally bonded together, see fig. 2 and col. 6, lines 25-46).
Regarding claim 13, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the front sheet 22,26 has a first shape 12 (12 defining first side has a shape, col. 9, lines 15-32), the back sheet 20,30 has a second shape (second side 14 has a second shape), and the first shape is the same as the second shape (first side 12 and second side 14 have the same shape, see fig. 1).
Regarding claim 15, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first shape and the second shape are bilaterally symmetrical around a vertical axis (see annotated fig. 1 below).
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Regarding claim 17, In the alternative, Cramer discloses a breast pack 10 (col. 1, lines 20-25, col. 9, lines 10-42, figs. 1-2) for delivering heat or cold therapy to a breast (the pack 10 is capable of being applied to a breast given that it is intended for relieving menstrual pain which is normally also felt in female breasts due to tenderness and swelling during their menstrual cycle thus rendering packing 10 as a breast pack), the breast pack 10 comprising: a front sheet 22,26 formed as a laminate (laminated structure, col. 5, lines 40-67) including a first fluid-impervious layer 22 and a first fabric 26, the first fabric 26 having a first thermal conductance (32 gsm, col. 10, lines 12-24 evidences inherent first thermal conductance of fabric 26 since gsm measures weight and density, directly influencing how thick, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer while lower gsm fabrics are lighter more breathable), a back sheet 20,30 formed as a laminate including a second fluid-impervious layer 20 and a second fabric 30, the second fabric 30 having a second thermal conductance smaller that the first thermal conductance (63 gsm, col. 10, lines 25-35 evidences inherent smaller heat conductance since higher gsm means directly influencing how thick, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer while lower gsm fabrics are lighter more breathable, so 63 gsm of fabric 30 has a smaller thermal conductance than the 32 gsm of fabric 26), the front sheet 22,26 bonded to the back sheet 20,30 at a periphery of the breast pack 10 via 28,32 (the packing inherently has edges that define a periphery that is bonded together to create a volume, col. 9, lines 40-58), such that the front sheet 22,26 and the back sheet 20,30 define therebetween a volume (housing/enveloping 16,18), a gel 16,18 (18 contains silica gel, col. 8, lines 4-44) contained within the volume (col. 5,l lines 38-67, col. 6, lines 1-67, figs. 1-2).
Although Cramer discloses the breast pack comprising any compositions capable of providing heat which could comprise granules composed of oils and silica gel included in an exothermic composition 18 contained within the volume (col. 8, lines 4-44) contained within the volume (col. 5, lines 38-67, col. 6, lines 1-67, col. 7, lines 1-67, figs. 1-2), in the alternative, Cramer does not explicitly disclose a gel contained within the volume of the breast pack.
However, Whitely teaches an analogous pack 10 for delivering heat or cold therapy to a body part (col. 4, lines 8-18), the pack 10 comprising an analogous front sheet 16 bonded to an analogous back sheet 18,24 at a periphery 14 of the breast pack 10 (col. 2, lines 17-39, col. 3, lines 59-67), such that the front sheet 16 and the back sheet 18,24 define therebetween a volume 12 (envelope containing 22, col. 2, lines 28-67, fig. 3), a gel (gel beads 20) contained within the volume (col. 2, lines 28-67, col. 3, lines 1-67), providing a pack that includes gel beads that can be resiliently deformable to provide a suitable heat capacity and heat transfer rate (col. 2, lines 61-67 et seq. col. 4, lines 8-18).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to have provided modified the packing 10 and the exothermic composition of Cramer to be a breast packing containing a gel contained within the volume therein as taught by Whitely in order to have provided an improved breast pack that includes gel as an exothermic composition that can be substantially resilient and deformable to provide a suitable heat capacity and heat transfer rate while more comfortably conforming to the shape of the breast (col. 2, lines 61-67 et seq. col. 4, lines 8-18).
Regarding claim 18, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is plastic (col. 6, lines 5-46).
Regarding claim 19, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the plastic is a thermoplastic film (col 6, lines 5-24).
Regarding claim 20, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 21, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is plastic (col. 6, lines 5-46).
Regarding claim 22, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fluid-impervious layer 20 is a thermoplastic film (col. 6, lines 5-24).
Regarding claim 23, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the thermoplastic film is selected from the group consisting of polyvinyl chloride, polypropylene, polyethylene, polycarbonate, polyurethane, polyamide and compatible mixtures thereof (col. 6, lines 5-46).
Regarding claim 24, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fluid-impervious layer 22 is directly bonded to the second fluid-impervious layer 20 at the periphery 20,22 are thermally bonded together, see fig. 2 and col. 6, lines 25-46).
Regarding claim 25, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 12-25).
Regarding claim 26, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the first fabric 26 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 12-25).
Regarding claim 27, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is a woven or nonwoven fabric composed of fibers selected from the group consisting of polyester, nylon, spandex, cotton, viscose, flax and blends thereof (col. 10, lines 25-36).
Regarding claim 28, Cramer in view of Whitely discloses the invention a discussed above. Cramer further discloses wherein the second fabric 30 is mesh, knit, plush, canvas, linen, velvet or muslin (knitted col. 10, lines 25-36).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cramer US 6096067 in view of Vasconcellos US 9480596.
Regarding claim 14, Cramer discloses the invention as discussed above.
Cramer does not disclose the first and second shapes are a teardrop shape.
Vasconcellos teaches an analogous breast pack 100 (fig. 2), having analogous front sheet 14 and back sheet 14 defining a volume therebetween (forming pockets 14e that are formed via inherent front and pack sheets 14, col. 3, 38-62), sheets 14 defining the front sheets of the pockets and another sheet 14 defining the back of pack 100 and each of the front sheet 14 having a first shape and back sheet 14 having a second shape, wherein the first shape and second shape are a teardrop (piriform or teardrop as seen in figs. 1 and 2), providing a breast pad that better conforms to a woman’s breast to better conform to the shape of the breast and nipples (col. 4, lines 1-20).
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 shape of the first shape 12 of the front sheet 26, and the second shape 14 of the back sheet 30 of Cramer with the teardrop shape 14 as taught by Vasconcellos in order to have provided an improved breast pack having an improved shape that better conforms to a woman’s breast to better conform to the shape of the breast such that the disturbance to the nipples are minimized (Vasconcellos, col. 4, lines 1-20).
Regarding claim 16, Cramer discloses the invention as discussed above.
Cramer does not disclose the first and second shapes are formed around an open center, the periphery of the breast pack including an outer periphery, an opening in the form of an angular segment extending from the center to the outer periphery, such that the breast pack may better fit to the breast.
Vasconcellos teaches an analogous breast pack 100 (fig. 2), having analogous front sheet 14 and back sheet 14 defining a volume therebetween (forming pockets 14e that are formed via inherent front and pack sheets 14, col. 3, 38-62), sheets 14 defining the front sheets of the pockets and another sheet 14 defining the back of pack 100 and each of the front sheet 14 having a first shape and back sheet 14 having a second shape, the first and second shapes are formed around an open center 14c, the periphery (outer edges) of the breast pack 100 including an outer periphery, an opening in the form of an angular segment 14d extending from the center (the center of the opening 14c) to the outer periphery, such that the breast pack may better fit to the breast, providing a breast pad that better conforms to a woman’s breast to better conform to the shape of the breast while the nipple remains exposed (col. 4, lines 1-20).
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 first shape 12 of the front sheet 26, and the second shape 14 of the back sheet 30 of Cramer with the first and second shapes are formed around an open center, the periphery of the breast pack including an outer periphery, an opening in the form of an angular segment extending from the center to the outer periphery, such that the breast pack may better fit to the breast as taught by Vasconcellos in order to have provided an breast pack having an improved shape that has an open center and angular segment that better conforms to a shape of a woman’s breast while the nipples are exposed making it ideal for women that are breast feeding who can simultaneously thermally treat their breast (Vasconcellos, col. 4, lines 1-20).
Claims 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cramer US 6096067 in view of Whitely US 10632011 further in view of Vasconcellos US 9480596.
Regarding claim 14, Cramer in view of Whitely discloses the invention as discussed above.
Cramer in view of Whitely do not disclose the first and second shapes are a teardrop shape.
Vasconcellos teaches an analogous breast pack 100 (fig. 2), having analogous front sheet 14 and back sheet 14 defining a volume therebetween (forming pockets 14e that are formed via inherent front and pack sheets 14, col. 3, 38-62), sheets 14 defining the front sheets of the pockets and another sheet 14 defining the back of pack 100 and each of the front sheet 14 having a first shape and back sheet 14 having a second shape, wherein the first shape and second shape are a teardrop (piriform or teardrop as seen in figs. 1 and 2), providing a breast pad that better conforms to a woman’s breast to better conform to the shape of the breast and nipples (col. 4, lines 1-20).
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 shape of the first shape 12 of the front sheet 26, and the second shape 14 of the back sheet 30 of Cramer in view of Whitely with the teardrop shape 14 as taught by Vasconcellos in order to have provided an improved breast pack having an improved shape that better conforms to a woman’s breast to better conform to the shape of the breast such that the disturbance to the nipples are minimized (Vasconcellos, col. 4, lines 1-20).
Regarding claim 16, Cramer in view of Whitely discloses the invention as discussed above.
Cramer in view of Whitely do not disclose the first and second shapes are formed around an open center, the periphery of the breast pack including an outer periphery, an opening in the form of an angular segment extending from the center to the outer periphery, such that the breast pack may better fit to the breast.
Vasconcellos teaches an analogous breast pack 100 (fig. 2), having analogous front sheet 14 and back sheet 14 defining a volume therebetween (forming pockets 14e that are formed via inherent front and pack sheets 14, col. 3, 38-62), sheets 14 defining the front sheets of the pockets and another sheet 14 defining the back of pack 100 and each of the front sheet 14 having a first shape and back sheet 14 having a second shape, the first and second shapes are formed around an open center 14c, the periphery (outer edges) of the breast pack 100 including an outer periphery, an opening in the form of an angular segment 14d extending from the center (the center of the opening 14c) to the outer periphery, such that the breast pack may better fit to the breast, providing a breast pad that better conforms to a woman’s breast to better conform to the shape of the breast while the nipple remains exposed (col. 4, lines 1-20).
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 first shape 12 of the front sheet 26, and the second shape 14 of the back sheet 30 of Cramer in view of Whitely with the first and second shapes are formed around an open center, the periphery of the breast pack including an outer periphery, an opening in the form of an angular segment extending from the center to the outer periphery, such that the breast pack may better fit to the breast as taught by Vasconcellos in order to have provided an breast pack having an improved shape that has an open center and angular segment that better conforms to a shape of a woman’s breast while the nipples are exposed making it ideal for women that are breast feeding who can simultaneously thermally treat their breast (Vasconcellos, col. 4, lines 1-20).
Claims 29-33 are rejected under 35 U.S.C. 103 as being unpatentable over Vasconcellos US 9480596 in view of Cramer US 6096067 further in view of Whitely US 10632011.
Regarding claim 29, Vasconcellos discloses method for delivering hot or cold therapy to a breast (col. 2, lines 11-16, col. 4, lines 1-20), the method comprising the steps of: providing a breast pack 100 having a front sheet 14 (in the front) and a back sheet (in the back) (examiner notes, sheets 14 form pockets 14e to house thermal elements, col. 3, lines 35-67, figs. 1-2, 5), heating or cooling the breast pack 100 (col. 3, lines 64-66, col. 4, lines 1-20, fig. 5) and applying the selected one of the front sheet and the back sheet to the breast (col. 3, lines 64-66, col. 4, lines 1-20, fig. 5).
Vasconcellos does not explicitly disclose the front sheet comprising a first fabric and the back sheet comprising a second fabric, the first fabric having a first loft and a first thermal conductance and the second fabric having a second loft and a second thermal conductance, wherein the first loft is different from the second loft, the first thermal conductance is different from the second different from the second thermal conductance, or both; selecting one of the front sheet and the back sheet for application to the breast; and applying the selected one of the front sheet and the back sheet to the breast.
Cramer teaches an analogous method for delivering hot therapy to a body part comprising the steps of providing an analogous breast pack 10 (col. 1, lines 20-25, col. 9, lines 10-42, figs. 1-2, the pack 10 is capable of being applied to a breast given that it is intended for relieving menstrual pain which is normally also felt in female breasts due to tenderness and swelling during their menstrual cycle thus rendering packing 10 as a breast pack) having an analogous front sheet 26 and a back sheet 30, the front sheet 26 comprising a first fabric (col. 9, lines 15-35, col. 10, lines 12-24, fig. 2) and the back sheet 30 comprising a second fabric 30 (col. 9, lines 15-35, col. 10, lines 25-36), the first fabric having a first loft and a first thermal conductance (32 gsm) and the second fabric 30 having a second loft and a second thermal conductance (63 gsm), wherein the first loft is different from the second loft, the first thermal conductance is different from the second thermal conductance (col. 10, lines 12-36, (32 gsm, col. 10, lines 12-24 evidences inherent first thermal conductance of fabric 26 since gsm measures weight and density, directly influencing how thick, lofty, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer/conductivity while lower gsm fabrics are lighter more breathable than 63 gsm, col. 10, lines 25-35 evidences inherent smaller heat conductance since higher gsm means directly influencing how thick, lofty, substantial, and insulating a fabric is, higher gsm means heavier and better insulation/lower heat transfer/conductivity while lower gsm fabrics are lighter more breathable, so 63 gsm of fabric 30 has a smaller thermal conductance than the 32 gsm of fabric 26), providing a front sheet that is more light weight and less heat conducting then the back sheet which is non-irritating and yet more insulating for better heat retention than the front sheet (col. 10, lines 12-35).
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 step of providing the front sheet 14 and back sheet 14 of Vasconcellos with providing the first fabric having a first loft and a first thermal conductance and the second fabric having a second loft and a second thermal conductance, wherein the first loft is different from the second loft, the first thermal conductance is different from the second different from the second thermal conductance as taught by Cramer in order to have provided an improved step of providing a breast pack that has a front sheet that is more light weight and less heat conducting then the back sheet which is non-irritating and yet more insulating for better heat retention than the front sheet (Cramer, col. 10, lines 12-35).
Vosconcellos in view of Cramer discloses the invention as discussed above. Vosconcellos in view of Cramer does not disclose selecting one of the front sheet and the back sheet for application to the breast; and applying the selected one of the front sheet and the back sheet to the breast.
Whitely teaches an analogous method for delivering hot or cold therapy to a body part (col. 4, lines 8-18), comprising the steps of providing an analogous pack 10 having an analogous front sheet 12,16 comprising an analogous first fabric (layer 16 can include fibers, fabrics col. 2, lines 40-50) and an analogous back sheet 18,24, the front sheet 12,16 comprising an analogous first fabric and the back sheet 18,24 comprising a second fabric 24 (col. 3, lines 24-67), heating or cooling the pack 10 (col. 4, lines 8-18), selecting one of the front sheet and the back sheet 18,24 for application to the body (col. 3, lines 29-40), and applying the selected one of the front sheet 12,16 and the back sheet 18,2 to the body part (col. 4, lines 8-18), providing a method of heating or cooling a pack using a heating device or cooled in a freezer or cooling device for a suitable amount of time and applying the insulative layer to the body part in need of thermal therapy while allowing the user to flip the packing if the thermal therapeutic effect is insufficient and to continue the thermal therapy as needed (col. 4, lines 8-18).
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 method of delivering hot or cold therapy to a breast of Vosconcellos in view of Cramer with the steps of selecting one of the front sheet and the back sheet for application to the breast; and applying the selected one of the front sheet and the back sheet to the breast in order to have provided an improved method of delivering a desired and customized amount of hot or cold therapy to a breast by heating or cooling a pack using a heating device or cooled in a freezer or cooling device for a suitable amount of time and applying the insulative layer to the body part in need of thermal therapy while allowing the user to flip the packing if the thermal therapeutic effect is insufficient and to continue the thermal therapy as needed (Whitely, col. 4, lines 8-18).
Regarding claim 30, Vosconcellos in view of Cramer in view of Whitely discloses the invention as discussed above. Vosconcellos in view of Cramer in view of Whitely further discloses the second loft (63 gsm) is greater than the first loft (32 gsm) as taught by Cramer (col. 10, lines 12-36), the method including the further steps of: cooling the breast pack (freezing, col. 4, 8-18) and applying the back sheet 18 to the breast to discourage engorgement (col. 3, lines 30-24, col. 4, lines 8-18) as taught by Whitely.
Regarding claim 31, Vosconcellos in view of Cramer in view of Whitely discloses the invention as discussed above. Vosconcellos in view of Cramer in view of Whitely further discloses the second loft (63 gsm) is greater than the first loft (32 gsm) as taught by Cramer (col. 10, lines 12-36), the method including the further steps of: heating the breast pack (microwave or similar device, col. 4, 8-18) and applying the back sheet 18 to the breast to discourage engorgement (col. 4, lines 8-18) as taught by Whitely.
Regarding claim 32, Vosconcellos in view of Cramer in view of Whitely discloses the invention as discussed above. Vosconcellos in view of Cramer in view of Whitely further discloses the first thermal conductance (32 gsm) is greater than the second thermal conductance (63 gsm) as taught by Cramer (col. 10, lines 12-36), the method including the further steps of: heating the breast pack (microwave or similar device, col. 4, 8-18) and applying the front sheet 16 to the breast to discourage engorgement (when flipped to 16, col. 4, lines 8-18) as taught by Whitely.
Regarding claim 33, Vosconcellos in view of Cramer in view of Whitely discloses the invention as discussed above. Vosconcellos in view of Cramer in view of Whitely further discloses the first thermal conductance (32 gsm) is greater than the second thermal conductance (63 gsm) as taught by Cramer (col. 10, lines 12-36), the method including the further steps of: cooling the breast pack (via freezer or similar device, col. 4, 8-18) and applying the back sheet 18 to the breast to discourage engorgement (when flipped to 16, col. 4, lines 8-18) as taught by Whitely.
Conclusion
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