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 5/1/2026 has been received and made of record. Note the acknowledged form PTO-1449 enclosed herewith.
Response to Arguments
This Office action is in response to the applicant’s communication filed on 4/30/2026. Each argument and/or amendment directed towards a maintained rejection is addressed below. Rejections/objections not repeated herein have been withdrawn.
Applicant's arguments, see pages 6-7, alleging that the anticipation rejections made under Carpenter are improper as two different embodiments are used have been fully considered but they are not persuasive. It is the Examiner’s position, as set forth in the previous office action, that Carpenter expressly discloses (see col. 18, lines 63-67) a single embodiment that reads on the claims. This expressly disclosed embodiment is the compression device 20e (i.e., of Figs. 20-21) wherein sub-bands 43d and/or 43e are provided with the indicia of the compression measuring system of Fig. 1 (see col. 18, lines 63-67). Such a single embodiment is expressly disclosed but not expressly depicted, as the addition of the measuring indicia (from Fig. 1) to sub-bands 43d and/or 43e of device 20e (from Figs. 20-21) is a simple and non-complicated addition. For at least these reasons, Applicant’s arguments are not persuasive.
Applicant's arguments, see page 7, alleging that Carpenter fails to disclose “a tension indicator for indicating a target tension adjustment setting corresponding to the determined baseline circumference” have been fully considered but they are not persuasive. It is the Examiner’s position, as set forth in the previous office action, that Carpenter expressly discloses a tension indicator (i.e., tension scale 155, as shown in Fig. 1) for indicating a target tension adjustment setting (i.e., a plurality of compression/tension marks 154, as shown in Fig. 1) corresponding to the determined baseline circumference (i.e., circumference marks 152, as shown in Fig. 1) (col. 25, lines 58-63; taking a baseline circumference (via 152) and then selecting a target tension setting corresponding to the determined circumference from the plurality of target tension markings 154 is expressly disclosed). Applicant’s arguments appear to be directly contradicted by the express disclosure of Carpenter. For at least these reasons, Applicant’s arguments are not persuasive.
Applicant's arguments, see pages 7-8, that the wording of Carpenter does not disclose the Bradley structure have been fully considered and the Examiner is in agreement. It is the Examiner’s position, as set forth in the previous office action, that the rejections made under Carpenter in view of Bradley are 103 rejections specifically because the primary reference of Carpenter fails to disclose or teach the ratcheting tensioner and tensioning dial limitations as claimed. The 103 rejections utilize a KSR rationale, and Applicant’s arguments fail to address any specific error and/or deficiencies with the rejections made under Carpenter in view of Bradley (see MPEP 2141(III) and 2143(I)(B)). For at least these reasons, Applicant’s arguments are not persuasive.
Applicant’s arguments, see pages 8-9, with respect to the deficiencies of Carpenter in view of Lipshaw failing to disclose or teach a relationship with a circumference of a body part wherein “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” have been fully considered and are persuasive. Therefore, the previous prior art rejections made under Carpenter in view of Lipshaw have been withdrawn.
Claim Rejections - 35 USC § 102
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 (155, Fig. 1) for indicating a target tension adjustment setting (154, Fig. 1) corresponding to the determined baseline circumference (152, Fig. 1) (as shown in Fig. 1; col. 25, lines 60-63; tension indicator markings 154 corresponding to the determined baseline circumference expressly disclosed), the target tension adjustment setting (154) corresponding to a tension required for the band to apply a predetermined interface pressure to the body part based on the determined baseline circumference (152) (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 (155) comprising markings (154) on the relatively inextensible part (21a) of the band (as expressly shown in Figs. 1 and 21; tension markings 154 shown on the inelastic sub-band portions);
(claim 6) further comprising a baseline tension indicator (155, 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 (155) 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 (155) comprises a set of target tension markings (154) (i.e., a plurality of tension/compression marks 154, as shown in Fig. 1), each of the target tension markings (154) 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 comprises 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 (152) (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 (154) indicated by the target tension indicator (155) 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
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 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) 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.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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.
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
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