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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 6/28/2024 has been received and made of record. Note the acknowledged form PTO-1449 enclosed herewith.
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.
Currently no claims are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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(s) 1-2, 4, 6, 11-15, 17 and 23-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carpenter et al. (US 6,338,723).
Carpenter discloses (see Figs. 1 and 20-21) a compression device with a compression measuring system and method comprising the following claim limitations:
(claim 1) An adjustable compression band comprising: a band (i.e., a plurality of bands separated by slits 26a shown in Fig. 21) of flexible material configured to (i.e., capable of) extend circumferentially around a body part of a user (col. 18, lines 13-14), at least part of the band (at 23a, Fig. 21) being resiliently stretchable in the circumferential direction (col. 18, line 17; an elastic portions 23a expressly disclosed); a baseline circumference indicator (152, Fig. 1) for determining a baseline circumference of the body part (col. 18, lines 61-67; various forms of indicia expressly may be used on the band; col. 25, lines 53-60; measuring circumference expressly disclosed); and an adjustment mechanism (43d/43e, Fig. 21) for adjusting a tension of the band in the circumferential direction to apply pressure to the body part (col. 18, lines 32-36 and 55-60; adjusting compression via adjusting fasteners on band expressly disclosed), wherein the adjustment mechanism comprises an inextensible element (21a, Fig. 21) (col. 18, lines 25-27; inelastic material expressly disclosed), which is relatively inextensible in comparison with the resiliently stretchable part (23a) of the band, and which comprises a tension indicator (154, Fig. 1) for indicating a target tension adjustment setting corresponding to the determined baseline circumference (as shown in Fig. 1; col. 25, lines 60-63; tension indicator markings expressly disclosed), the target tension adjustment setting corresponding to a tension required for the band to apply a predetermined interface pressure to the body part based on the determined baseline circumference (as shown in Fig. 1; col. 25, lines 58-63; taking a baseline circumference (via 152) and then selecting a target tension from the plurality of target tension markings 154 is expressly disclosed);
(claim 2) wherein the inextensible element (21a) comprises the baseline circumference indicator (as shown in Figs. 1 and 21, the inelastic sub-band portions expressly comprise the circumference indicator markings 152);
(claim 4) wherein the inextensible element (21a) comprises a relatively inextensible part of the band (at 21a) with the tension indicator comprising markings (154) on the relatively inextensible part (21a) of the band (as expressly shown in Figs. 1 and 21; tension markings shown on the inelastic sub-band portions);
(claim 6) further comprising a baseline tension indicator (154, Fig. 1) configured to (i.e., capable of) indicate when a predetermined threshold baseline tension is applied to the band (col. 25, lines 60-64; the visual tension indicators 154 provide for visual indication when a predetermined tension level is reached while attaching the free end of the band), the baseline tension being a suitable tension for using the baseline circumference indicator for determining the baseline circumference of the body part (as shown in Fig. 1; col. 25, lines 58-64; loose/lower tension wrapping of the band provides for a circumference determination);
(claim 11) wherein the predetermined interface pressure associated with the target tension is a first predetermined pressure (i.e., one of the multiple pressure/compression marks 154, as shown in Fig. 1) associated with a first target tension and corresponding target tension adjustment settings associated with corresponding baseline circumferences (as shown in Fig. 1, each pressure/compression mark 154 associated with a corresponding circumference mark 152), and wherein the tension indicator further comprises a second target tension (i.e., a second of the multiple pressure/compression marks 154, as shown in Fig. 1) with corresponding target tension adjustment settings associated with corresponding baseline circumferences for the band to apply a second predetermined interface pressure to the body part (as shown in Fig. 1, each pressure/compression mark 154 associated with a corresponding circumference mark 152);
(claim 12) wherein the baseline circumference indicator comprises a set of baseline circumference markings (i.e., a plurality of circumference marks 152, as shown in Fig. 1), and the tension indicator comprises a set of target tension markings (i.e., a plurality of tension/compression marks 154, as shown in Fig. 1), each of the target tension markings indicating the target tension adjustment setting associated with the baseline circumference of a corresponding one of the baseline circumference markings to apply the corresponding predetermined interface pressure (as shown in Fig. 1, each pressure/compression mark 154 associated with a corresponding circumference mark 152);
(claim 13) wherein the target tension markings comprise a first set of markings corresponding to the first predetermined pressure, and a second set of markings corresponding to the second predetermined pressure (as shown in Fig. 1; col. 25, line 60-col. 26, line 10; each of the respective tension/compression markings includes a scale/set 155 of predetermined pressures);
(claim 14) wherein each set of markings includes a plurality of markings covering a range of baseline circumferences to allow for expected dimensional changes of the body part (i.e., a plurality of circumference marks 152 covering a range of circumferences expressly shown in Fig. 1);
(claim 15) wherein each of the markings in each set of markings includes a visual similarity with the or each corresponding marking in the or each other set of markings (as shown in Fig. 1, each marking comprise visually similar numerical marks);
(claim 17) wherein the adjustment mechanism (43d/43e) is configured to (i.e., capable of) adjust the distance in the circumferential direction between two parts of the band (as shown in Fig. 21, wherein sub-band ends are configured to be adjusted in distance in the circumferential direction), and wherein the adjustment mechanism (43d/43e) comprises fasteners disposed at a range of circumferential locations on the band allowing one part of the band to be fastened to another part of the band to select and set the tension of the band (as shown in Fig. 21; col. 18, lines 55-60);
(claim 23) A garment (20e) comprising one or more ones of the compression band (43d/43e) of claim 1 (as expressly shown in Fig. 21);
(claim 24) further comprising non-adjustable portions (29, Fig. 1) connected to the one or more compression bands (as shown in Fig. 1, foam padding 29 is not expressly adjustable);
(claim 25) comprising a plurality of ones of the compression band arranged in parallel and integrally formed with each other (as expressly shown in Fig. 21); and
(claim 26) A method of applying an interface pressure to a body part of a user, the method comprising: placing the compression band of claim 1 around the body part of the user (col. 25, lines 53-60; band placed around body part); adjusting the circumference of the band to a neutral configuration to determine a baseline circumference of the body part indicated by the baseline circumference indicator (col. 25, lines 53-60; band used to determine body part circumference via circumference markers 152); and adjusting the tension of the band to a corresponding target tension indicated by the target tension indicator to apply the predetermined pressure to the body part (col. 25, line 60-col. 26, line 10; band adjusted and fixed at a desired tension via compression marks 154).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Carpenter as applied to claim 1 above, and further in view of Bradley (US 2021/0244106).
Carpenter, as applied above, discloses a compression device with a compression measuring system and method that can utilize any fastening/tensioning structures and equivalents (see col. 18, lines 55-60) but fails to expressly disclose a ratcheting tensioned and a tensioning dial as claimed wherein the inextensible element is a cord.
However, Bradley teaches (see Figs. 9 and 11) a similar band/strap compression device comprising a ratcheting tensioner (150, Fig. 11) and a tensioning dial having tension indicator markings (152) on the dial with an inextensible cord (151) ([0048]; tensioning a cord via a ratcheting dial having tension indicator markings is expressly taught). Accordingly, Bradley teaches that it is known that band tensioning via hook and loop fasteners (as shown in Fig. 9) and band tensioning via a ratcheting tensioner comprising an inextensible cord and a dial with tension indicator markings (as shown in Fig. 11) are elements that are functional equivalents for providing adjustable tension to an anatomical compression band or strap. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have substituted the ratcheting tensioner comprising an inextensible cord and a dial with tension indicator markings taught by Bradley for the hook and loop fasteners of Carpenter because both elements were known equivalents for providing adjustable tension to an anatomical compression band or strap within the compressive garment arts. The substitution would have resulted in the predictable results of providing adjustable tension to an anatomical compression band or strap of the device of Carpenter.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Carpenter as applied to claim 6 above, and further in view of Lipshaw et al. (US 2022/0183901).
Carpenter, as applied above, discloses a compression device with a compression measuring system and method comprising all the limitations of the claim except for wherein the baseline tension indicator comprises a first sheet of resiliently stretchable material coupled in parallel to a second sheet of relatively inextensible material such that the first sheet is shorter than the second sheet in the circumferential direction of the band, when not under tension, and wherein the first and second sheets are arranged in series with the rest of the band and configured such that, when the baseline tension is applied to the baseline tension indicator and the band for determining the baseline circumference using the baseline circumference indicator, the first sheet is extended to the same circumferential length as the second sheet.
However, Lipshaw teaches (see Figs. 9A-10B) a similar band/strap compression device comprising a baseline tension indicator comprises a first sheet (121, Figs. 9B-10B) of resiliently stretchable material ([0087]) coupled in parallel to a second sheet (122, Figs. 9B-10B) of relatively inextensible material (124, Figs. 9B-10B) ([0087]) such that the first sheet (121) is shorter than the second sheet (122) in the circumferential direction of the band, when not under tension (as shown in Fig. 9B), and wherein the first and second sheets are arranged in series with the rest of the band and configured such that, when the baseline tension is applied to the baseline tension indicator and the band for determining the baseline circumference using the baseline circumference indicator, the first sheet (121) is extended to the same circumferential length as the second sheet (122) (as shown in Figs. 10A-10B). Accordingly, Lipshaw teaches that it is known that a baseline tension indicator comprising indicator markings on the compression band and a baseline tension indicator comprising parallel first and second sheets of different lengths (as shown in Figs. 9A-10B) are elements that are functional equivalents for providing an indication of an adjustable baseline tension to an anatomical compression band or strap. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have substituted the baseline tension indicator comprising parallel first and second sheets of different lengths taught by Lipshaw for the baseline tension indicator comprising indicator markings on the compression band of Carpenter because both elements were known equivalents for providing an indication of an adjustable baseline tension to an anatomical compression band or strap within the compressive garment arts. The substitution would have resulted in the predictable results of providing an indication of an adjustable baseline tension to an anatomical compression band or strap of the device of Carpenter.
Claim(s) 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over the embodiment of Fig. 21 of Carpenter as applied to claim 1 above, and further in view of the embodiment of Fig. 16 of Carpenter.
The embodiment of Fig. 21 of Carpenter, as applied above, discloses a compression device with a compression measuring system and method comprising the following claim limitations:
(claim 9) wherein a circumference of the band varies across a lateral width of the band (as shown in Fig. 20, wherein the circumference varies at the differing length sub-bands 43d/43e and at the shorter regions of the slits 26a).
The embodiment of Fig. 21 of Carpenter fails to expressly disclose wherein a length of the resiliently stretchable part of the band in the circumferential direction varies across a lateral width of the band such that the varying circumference of the band across the lateral width of the band is configured such that the predetermined interface pressure applied to the body part varies across the width of the band.
However, the embodiment of Fig. 16 of Carpenter teaches a similar band/strap compression device wherein a length (42a) of the resiliently stretchable part (42) of the band (20b) varies across a lateral width such that pressure applied to the body part varies across the width of the band (as shown in Fig. 16; the length of the resiliently stretchable part is taught to be varied in the circumferential direction). Accordingly, embodiment of Fig. 16 of Carpenter teaches that it is known that a uniform length of the resiliently stretchable part of a compression band (shown in Fig. 15) and a varying length of the resiliently stretchable part of a compression band (shown in Fig. 16) are elements that are functional equivalents for providing an elastic function to provide an adjustable level of tension to a part of the body. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have substituted a varying length of the resiliently stretchable part of a compression band taught by the embodiment of Fig. 16 of Carpenter for the uniform length of the resiliently stretchable part of a compression band of the embodiment of Fig. 21 of Carpenter because both elements were known equivalents for providing an elastic function to provide an adjustable level of tension to a part of the body within the compressive garment arts. The substitution would have resulted in the predictable results of providing an elastic function to provide an adjustable level of tension to an anatomical compression band or strap of the embodiment of Fig. 21 of Carpenter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Lynch whose telephone number is (571)270-3952. The examiner can normally be reached on Monday-Friday (9:00AM-6:00PM, with alternate Fridays off).
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, Elizabeth Houston, at (571) 272-7134. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ROBERT A LYNCH/Primary Examiner, Art Unit 3771