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 .
Response to Amendment
The amendment filed on 02/11/2026 has been entered. Claims 1-20 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 02/11/2026.
Claim Objections
Claims 12-13, 16 and 19 are objected to because of the following informalities:
In claim 12, "a user extending their arm" and "then extending their arm" appear to be grammatically incorrect;
In claim 13, "a user extending their left arm" and "extending their right arm" appear to be grammatically incorrect;
In claim 16, "a user extending their arm" and "then extending their arm" appear to be grammatically incorrect;
In claim 19, "a user extending their left arm" and "extending their right arm" appear to be grammatically incorrect.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: "securing mechanism" in claims 5, 8 and 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 1-20 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 pre-AIA the applicant regards as the invention.
Claims 1 and 16 each recite the phrase "relatively thin". First, the relative term "thin" is not defined in the claims, and the specification does not set a standard for ascertaining the requisite degree. Second, the term "relatively" has a common definition "in relation, comparison or proportion to something else" per Oxford Languages; however, the claims fail to provide the "something else". As such, it is unclear what is included or excluded by "relatively thin". Therefore, the metes and bounds of the claims are unclear and cannot be ascertained.
Claim 4 recites the limitation "the backing". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been construed to be a backing of the insert.
Claim 13 recites the limitation "extending their right arm through the first opening" in a separate line. It is unclear who/what is the subject performing the action as recited. For examination purposes, the limitation has been construed to be wherein the article is adapted to facilitate the user extending a right arm through the first opening.
The remaining claims each depend from a rejected base claim and is likewise rejected.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claims 1 and 16 each recite the limitation "a compression sleeve comprising a relatively thin, nylon and spandex material and applying an even compression to the limb within the sleeve", which appears to be claiming parts of the human body that is not statutory subject matter. See MPEP 2106, Section I. It is respectfully suggested that this rejection may be overcome by including a phrase such as "configured to," "adapted to," "when in use," "capable of" or "while being worn."
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 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, 8-12 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2018/0213866 A1).
Regarding claim 1, Chien discloses an article (an article of clothing 100 which is a shirt; fig. 1; para. 0024) for providing sweat absorption for a user (by absorbent patches 120; fig. 1; para. 0024) and providing compression to a body limb (when the size of sleeve 110 is smaller than an arm when being worn; fig. 1; paras. 0009, 0024) comprising:
a compression sleeve (sleeve 110 to provide compression when the size of sleeve is smaller than an arm when being worn; paras. 0009, 0024) comprising a relatively thin nylon material (a thin fabric comprising nylon material; fig. 1; para. 0010), the compression sleeve having a proximal end with an opening (arm hole adjacent to shoulder portion; see annotated fig. 1) into which a user can insert a limb (fig. 1; para. 0024), and a distal end with an opening (adjacent to cuff 115; see annotated fig. 1; para. 0024) such that when the compression sleeve is fitted on the limb, the end of the limb protrudes from the distal end opening (fig. 1);
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Annotated Fig. 1 from US 2018/0213866 A1
an absorbent material (absorbent patch 120; fig. 1; para. 0024) formed as a strip of material (figs. 1-3B; paras. 0024-0025, 0027) extending along a portion of the length of the compression sleeve (figs. 1-3B), the absorbent material positioned on an inside portion of the compression sleeve facing toward the body of the user when the compression sleeve is worn (absorbent patch 120 may be located anywhere on sleeves 110 that is either convenient for use by a wearer for wiping and cleaning or convenient to be removed for such use, therefore can be positioned on an inside portion of the compression sleeve facing toward the body of the user; fig. 1; para. 0026);
wherein a width of the absorbent material is less than a diameter of the compression sleeve (fig. 1) and a length of the absorbent material is less than a length of the compression sleeve (fig. 1);
wherein the absorbent material is detachably connected to the compression sleeve (paras. 0024, 0026).
Chien does not explicitly disclose wherein the compression sleeve comprises spandex, and the compression sleeve is configured to apply an even compression to the limb within the sleeve. However, the shirt shown in Fig. 1 of Chien appears to be a form-fitting shirt. In addition, Chien does disclose that the compression sleeve may be made from blends of nylon and other common synthetic clothing material that is not water-absorbent (para. 0010). One of ordinary skill of the art would recognize that spandex is a common synthetic clothing material that is not water-absorbent and elastic, and spandex has been widely used in garments for desired stretchability and comfort. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have used spandex to uniformly blend with nylon in the compression sleeve, in order to impart a desirable degree of stretchability to the compression sleeve, thereby providing comfort as well as facilitating easy donning and doffing. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. By this modification, the compression sleeve would be capable of applying an even compression to the limb within the sleeve when the size of sleeve is smaller than an arm when being worn.
Regarding claim 8, Chien discloses the article of claim 1, and Chien further discloses the article further comprising a securing mechanism (hooks/loops 125 and complementary loops/hooks; fig. 2B; para. 0025) adapted to hold the absorbent material in a fixed position relative to the compression sleeve (fig. 2B; para. 0025). Applicant, in para. 0039, has defined that the securing mechanism comprises a hook and loop fastener. Therefore, the hook and loop fastener in Chien meets the claimed requirement.
Regarding claim 9, Chien discloses the article of claim 8, and further discloses wherein the securing mechanism comprises a hook and loop fastener (hooks/loops 125 and complementary loops/hooks; fig. 2B; para. 0025) positioned on an outer surface of the compression sleeve and an inner surface of the absorbent material (fig. 2B; para. 0025).
Regarding claim 10, Chien discloses the article of claim 9, and further discloses wherein the hook and loop fastener extends substantially the length of the absorbent material (see fig. 2B).
Regarding claim 11, Chien discloses the article of claim 8, and further discloses wherein the absorbent material is provided with a backing material (hooks or loops 125 forming part of a hook and loop fastener; fig. 2B; para. 0025). Chien does not explicitly disclose wherein the backing material that is rigid or semi-rigid. However, one of ordinary skill of the art would recognize that a hook or loop fastener; e.g., Velcro, generally is made of a rigid or semi-rigid plastic material. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material of the backing as claimed, in order to use a suitable hook or loop material for the backing. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 12, Chien discloses the article of claim 1, and further discloses the article further comprising:
an anti-slip structure (a shoulder portion; see annotated fig. 1) extending from the proximal end of the compression sleeve (see annotated fig. 1), the anti-slip structure comprising:
a portion of the proximal end of the compression sleeve extending longitudinally past the proximal opening (see annotated fig. 1) and formed as a shoulder structure (see annotated fig. 1) to form an upper end (see annotated fig. 1); and
an opening (see annotated fig. 1) formed in the upper end (see annotated fig. 1);
wherein the article is adapted to facilitate a user extending their arm through the opening formed in the upper end and then extending their arm through the proximal opening of the compression sleeve (see annotated fig. 1) such that the upper end is adapted to sit over top of the user's shoulder when the compression sleeve is fully advanced over the arm and the upper end over the shoulder (see annotated fig. 1), the upper end preventing the compression sleeve from moving downward relative to the user's arm when in use (see annotated fig. 1).
Regarding claim 15, Chien discloses the article of claim 1, and further discloses the article further comprising a radial absorbent material detachably positioned toward the distal end of the compression sleeve (a detachable lower portion of the sleeve or cuff 115; fig. 1; para. 0026), the radial absorbent material extending radially around at least a portion of the compression sleeve (extending circumferentially all the way around the sleeve; fig. 1; para. 0026).
Regarding claim 16, Chien discloses an article (a shirt 100; fig. 1; para. 0024) for providing sweat absorption for a user (by absorbent patches 120; fig. 1; para. 0024) and providing compression to a body limb (when the size of sleeve 110 is smaller than an arm when being worn; fig. 1; paras. 0009, 0024) comprising:
a compression sleeve (sleeve 110 to provide compression when the size of sleeve is smaller than an arm when being worn; paras. 0009, 0024) comprising a relatively thin nylon material (a thin fabric comprising nylon material; fig. 1; para. 0010), the compression sleeve having a proximal end with an opening (arm hole adjacent to shoulder portion; fig. 1) into which a user can insert a limb (fig. 1; para. 0024), and a distal end with an opening (adjacent to cuff 115; fig. 1; para. 0024) such that when the compression sleeve is fitted on the limb, the end of the limb protrudes from the distal end opening (fig. 1);
an absorbent material (absorbent patch 120; fig. 1; para. 0024) formed as a strip of material (figs. 1-3B; paras. 0024-0025, 0027) extending along a portion of the length of the compression sleeve (figs. 1-3B), the absorbent material positioned on an inside portion of the compression sleeve facing toward the body of the user when the compression sleeve is worn (absorbent patch 120 may be located anywhere on sleeves 110 that is either convenient for use by a wearer for wiping and cleaning or convenient to be removed for such use, therefore can be positioned on an inside portion of the compression sleeve facing toward the body of the user; fig. 1; para. 0026), wherein a width of the absorbent material is less than a diameter of the compression sleeve (fig. 1) and a length of the absorbent material is less than a length of the compression sleeve (fig. 1);
an anti-slip structure (a shoulder portion; see annotated fig. 1) extending from the proximal end of the compression sleeve (see annotated fig. 1), the anti-slip structure comprising:
a portion of the proximal end of the compression sleeve extending longitudinally past the proximal opening (see annotated fig. 1) and formed as a shoulder structure (see annotated fig. 1) to form an upper end (see annotated fig. 1); and
an opening (see annotated fig. 1) formed in the upper end (see annotated fig. 1);
wherein the article is adapted to facilitate a user extending their arm through the opening formed in the upper end and then extending their arm through the proximal opening of the compression sleeve (see annotated fig. 1) such that the upper end is adapted to sit over top of the user's shoulder when the compression sleeve is fully advanced over the arm and the upper end over the shoulder (see annotated fig. 1), the upper end preventing the compression sleeve from moving downward relative to the user's arm when in use (see annotated fig. 1).
Chien does not explicitly disclose wherein the compression sleeve comprises spandex, and the compression sleeve is configured to apply an even compression to the limb within the sleeve. However, the shirt shown in Fig. 1 of Chien appears to be a form-fitting shirt. In addition, Chien does disclose that the compression sleeve may be made from blends of nylon and other common synthetic clothing material that is not water-absorbent (para. 0010). One of ordinary skill of the art would recognize that spandex is a common synthetic clothing material that is not water-absorbent and elastic, and spandex has been widely used in garments for desired stretchability and comfort. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have used spandex to uniformly blend with nylon in the compression sleeve, in order to impart a desirable degree of stretchability to the compression sleeve, thereby providing comfort as well as facilitating easy donning and doffing. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07. By this modification, the compression sleeve would be capable of applying an even compression to the limb within the sleeve when the size of sleeve is smaller than an arm when being worn.
Regarding claim 17, Chien discloses the article of claim 16, and further discloses wherein the absorbent material is detachably connected to the compression sleeve (fig. 2B; paras. 0013, 0025).
Regarding claim 18, Chien discloses the article of claim 17, and further discloses the article further comprising a securing mechanism (hooks/loops 125 and complementary loops/hooks; fig. 2B; para. 0025) adapted to hold the absorbent material in a fixed position relative to the compression sleeve (fig. 2B; para. 0025). Applicant, in para. 0039, has defined that the securing mechanism comprises a hook and loop fastener. Therefore, the hook and loop fastener in Chien meets the claimed requirement.
Claims 2-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2018/0213866 A1) in view of Stockhamer (US 7,690,050 B2).
Regarding claim 2, Chien discloses the article of claim 1. Chien does not disclose wherein the absorbent material is formed as an insert, the article further comprising: a track positioned on a surface of the compression sleeve; wherein the insert is adapted to be held in the track. However, Stockhamer, in an analogous art, teaches an article (a sleeve or an arm band 17 comprising device 10; figs. 1, 12; col. 3, ll. 11-18; col. 3, ll. 43-50) for providing sweat absorption for a user (col. 3, ll. 28-31) and providing compression to a body limb (by adjusting hook and loop fasteners 18, 19; fig. 12; col. 3, ll. 43-50) comprising: a compression sleeve (the sleeve or arm band 17 comprising device 10 as discussed above; figs. 1, 12; col. 3, ll. 11-18; col. 3, ll. 43-50), an absorbent material (pad 13; fig. 12; col. 3, ll. 28-31) extending along a portion of the length of the compression sleeve (fig. 12), wherein the absorbent material is detachably connected to the compression sleeve (col. 3, ll. 18-27, 43-50), wherein the absorbent material is formed as an insert (inserted under top 16a of raised welts 16; figs. 3-4; col. 3, ll. 57-67), the article further comprising: a track (formed between raised welts 16; figs. 3-4; col. 3, ll. 57-67) positioned on a surface of the compression sleeve (figs. 3-4; col. 3, ll. 57-67); and wherein the insert is adapted to be held in the track (figs. 3-4; col. 3, ll. 57-67). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article as disclosed by Chien, with wherein the absorbent material is formed as an insert, the article further comprising: a tract positioned on a surface of the compression sleeve; wherein the insert is adapted to be held in the tract as taught by Stockhamer, in order to provide another suitable approach to accommodate the absorbent material on the compression sleeve.
Regarding claim 3, Chien and Stockhamer, in combination, disclose the article of claim 2, and Chien further discloses wherein the absorbent material, i.e., the insert, is provided with a backing material (hooks or loops 125 forming part of a hook and loop fastener; fig. 2B; para. 0025). Chien does not explicitly disclose wherein the backing material that is rigid or semi-rigid. However, one of ordinary skill of the art would recognize that a hook or loop fastener; e.g., Velcro, generally is made of a rigid or semi-rigid plastic material. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have selected the material of the backing as claimed, in order to use a suitable hook or loop material for the backing. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 4, Chien and Stockhamer, in combination, disclose the article of claim 2, and Chien further discloses wherein the insert is provided with a backing (hooks or loops 125 forming part of a hook and loop fastener; fig. 2B; para. 0025). Chien does not explicitly disclose wherein the backing is formed of a flexible plastic material. However, one of ordinary skill of the art would recognize that a loop material in a hook and loop material is generally a flexible plastic material. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the hook or loop material for the backing, with wherein the hook or loop material is formed of a flexible plastic material, in order to use a hook or loop material with certain flexibility therefore providing comfort to a user when the compression sleeve is being worn. Such a configuration would be considered as a mere choice of preferred material that is on the basis of its suitability for the intended use. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Regarding claim 5, Chien and Stockhamer, in combination, disclose the article of claim 3, and Chien further discloses the article further comprising: a securing mechanism (complementary loops/hooks to hooks/loops 125; fig. 2B; para. 0025) positioned on a surface of the compression sleeve (fig. 2B; para. 0025). Applicant, in para. 0039, has defined that the securing mechanism comprises a hook and loop fastener. Therefore, the loops/hooks in Chien meets the claimed requirement. By combination of Chien and Stockhamer, the securing mechanism would be positioned within the track, and wherein, when the insert is fully inserted into the tract, the securing mechanism holds the insert in place in the track.
Regarding claim 6, Chien and Stockhamer, in combination, disclose the article of claim 5. Chien does not disclose wherein the tract comprises an upstanding wall with an undercut, and the backing is formed with an edge that is adapted to interact with the undercut. However, Stockhamer teaches wherein the tract comprises an upstanding wall (at raised welts 16; figs. 3-4; col. 3, ll. 57-67) with an undercut (below top 16a; figs. 3-4; col. 3, ll. 57-67), wherein the insert is formed with an edge that is adapted to interact with the undercut (figs. 3-4; col. 3, ll. 57-67). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article, with wherein the tract comprises an upstanding wall with an undercut as taught by Stockhamer, in order to securely hold the absorbent material in the tract. In addition, Chien discloses wherein the backing; i.e., hooks/loops 125, are distributed substantially on an entire rear surface of the patch 120 (see fig. 2B). By combination of Chien and Stockhamer, the backing would be formed with an edge that is adapted to interact with the undercut.
Regarding claim 7, Chien and Stockhamer, in combination, disclose the article of claim 5, and Chien further discloses wherein the securing mechanism comprises a hook and loop fastener positioned on an outer surface of the compression sleeve and an inner surface of the insert (hooks/loops 125 and complementary loops/hooks; fig. 2B; para. 0025).
Claims 13-14 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chien (US 2018/0213866 A1) in view of Giorgini (US 20210059321 A1).
Regarding claim 13, Chien discloses the article of claim 12, and further discloses wherein the shoulder structure comprises a first shoulder structure (see annotated fig. 1) and the opening in the upper end of the first shoulder structure comprises a first opening (see annotated fig. 1), and a second shoulder structure (see annotated fig. 1) having a second opening (see annotated fig. 1) provided therein, wherein the article is adapted to facilitate a user extending their left arm through the second opening (see annotated fig. 1); and extending their right arm through the first opening (see annotated fig. 1).
Chien does not disclose wherein the article further comprising: a back bar extending from the first shoulder structure to a second shoulder structure. However, Chien does disclose wherein the article of clothing can be any other upper body garment (paras. 0023, 0034). In addition, Giorgini, in an analogous art, teaches an article of clothing (garment 1; figs. 1A-1B, 4, 5A-5B; para. 0024) comprising two compression sleeves (sleeves 31a, 31b; figs. 4, 5A-5B; para. 0027), a first shoulder structure (see figs. 1A-1B, 4, 5A-5B), a second shoulder structure (see figs. 1A-1B, 4, 5A-5B), a back bar (back central portion 32; figs. 4, 5A-5B; para. 0027) extending from the first shoulder structure to the second shoulder structure (figs. 4, 5A-5B; para. 0027). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article as disclosed by Chien, to be the garment comprising a back bar extending from the first shoulder structure to a second shoulder structure as taught by Giorgini, in order to provide another upper body garment that permits unlimited freedom of movement (Giorgini; paras. 0001, 0009).
Regarding claim 14, Chien and Giorgini, in combination, disclose the article of claim 13. Chien does not disclose wherein the back bar is provided comprising an absorbent material or is provided with a detachable absorbent material. However, Chien does disclose wherein a water absorbent material may be provided in a shoulder portion or a midsection of the shirt (paras. 0011-0012). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article as disclosed by Chien, with wherein the back bar is provided comprising an absorbent material or is provided with a detachable absorbent material, in order to enhance the moisture absorbing function of the shirt.
Regarding claim 19, Chien discloses the article of claim 18, and further discloses wherein the shoulder structure comprises a first shoulder structure (see annotated fig. 1) and the opening in the upper end of the first shoulder structure comprises a first opening (see annotated fig. 1), and a second shoulder structure (see annotated fig. 1) having a second opening (see annotated fig. 1) provided therein, wherein the article is adapted to facilitate a user extending their left arm through the second opening (see annotated fig. 1); and extending their right arm through the first opening (see annotated fig. 1).
Chien does not disclose wherein the article further comprising: a back bar extending from the first shoulder structure to a second shoulder structure. However, Chien does disclose wherein the article of clothing can be any other upper body garment (paras. 0023, 0034). In addition, Giorgini, in an analogous art, teaches an article of clothing (garment 1; figs. 1A-1B, 4, 5A-5B; para. 0024) comprising two compression sleeves (sleeves 31a, 31b; figs. 4, 5A-5B; para. 0027), a first shoulder structure (see figs. 1A-1B, 4, 5A-5B), a second shoulder structure (see figs. 1A-1B, 4, 5A-5B), a back bar (central portion 32; figs. 4, 5A-5B; para. 0027) extending from the first shoulder structure to the second shoulder structure (figs. 4, 5A-5B; para. 0027). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article as disclosed by Chien, to be the garment comprising a back bar extending from the first shoulder structure to a second shoulder structure as taught by Giorgini, in order to provide another upper body garment that permits unlimited freedom of movement (Giorgini; paras. 0001, 0009).
Regarding claim 20, Chien and Giorgini, in combination, disclose the article of claim 19. Chien does not disclose wherein the back bar is provided comprising an absorbent material or is provided with a detachable absorbent material. However, Chien does disclose wherein a water absorbent material may be provided in a shoulder portion or a midsection of the shirt (paras. 0011-0012). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the article, with wherein the back bar is provided comprising an absorbent material or is provided with a detachable absorbent material, in order to enhance the moisture absorbing function of the shirt.
Response to Arguments
In view of Applicant's amendment, newly modified grounds of rejection have been identified and applied as necessitated by the amendment. Some Applicant's arguments are moot in view of the new grounds of rejection as discussed supra. Further, Applicant's other arguments filed on 02/11/2026 have been fully considered and addressed as follows.
Applicant's remarks: Applicant asserts that "securing mechanism" in claims 5, 8, and 18 should not be interpreted under 35 U.S.C. § 112(f) because the claims recite operation and function of the "securing mechanism", the specification provides a particular structure, and claims 7 and 9 recite the structure of the "securing mechanism".
Examiner's response: Examiner respectfully disagrees. The Office action identifies claims 5, 8 and 18 invoke 35 U.S.C. 112(f), because claims 5, 8 and 18 each recite "securing mechanism" without reciting sufficient structure. Whether a claim invokes 112(f) is determined by the claim itself, not by the specification or other claims. See MPEP § 2181, subsection I. Therefore, Applicant's arguments are not persuasive.
Applicant's remarks: Applicant asserts that Chien's sleeves are ordinary shirt sleeves, not compression sleeves, and Chien does not disclose that the sleeves provide compression.
Examiner's response: Examiner respectfully disagrees. Applicant does not provide a special definition for "compression sleeve" in the original specification; therefore, per broadest reasonable interpretation, "compression sleeve" is reasonably interpreted as a sleeve capable of providing compression to a user's limb. The shirt shown in Fig. 1 of Chien has a slim body and slim sleeves and appears to be a form-fitting shirt. On one hand, even if the sleeve is not disclosed to be a compression sleeve in Chien, when an arm is bigger than the sleeve, the sleeve will provide compression to the arm when the arm is in the sleeve; therefore, Chien's sleeve is capable of providing compression to an arm of a suitable size thus can be considered as a compression sleeve. On the other hand, if a "compression sleeve" as Applicant argued is larger than an arm, the "compression sleeve" cannot provide compression to the arm when the arm is in the sleeve. For the above reasons, Applicant's arguments are not persuasive.
Applicant's remarks: with respect to claim 16, Applicant asserts that Chien does not disclose any shoulder extension with an opening forming an anti-slip structure as claimed, and there is no teaching of a sleeve-integrated shoulder extension with an upper-end opening configured to be donned first and to restrain sleeve migration.
Examiner's response: Examiner respectfully disagrees. As discussed in the 103 section and shown in the annotated Fig. 1, Chien discloses the compression sleeve including a shoulder structure forming an upper end of the sleeve, and the shoulder structure is configured to sit over top of a user's shoulder preventing the sleeve slipping off the user's arm. The proximal end and the opening at the proximal end, the upper end and the opening at the upper end are shown in the annotated Fig. 1. It can be seen that, during donning, a user' hand can extend through the opening at the upper end and then through the opening at the proximal end, which is also the common way of extending an arm into a shirt sleeve. Therefore, Chien's shirt includes all the structural and functional features as required in the instant claim 16, and Applicant's argument is not found persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732