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
This office action is in response to the amendment filed 08/16/24. No claims have been amended, new claims 36-55 have been added, and claims 1-35 have been cancelled. Thus, claims 36-55 are presently pending in this application.
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 36-55 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.
In claims 36 and 49, lines 9-10 and 11-12, respectively, the limitation “wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end” is confusing. It appears Applicant is attempting to claim multiple tubes but only one exit which is confusing since the tubes each have respective ports as claimed in lines 7-8.
All remaining claims are rejected based on their dependency of a rejected base claim.
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) 36-38, 45, 47, 49, and 54-55 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tobler (5,626,556).
With respect to claim 36, Tobler discloses a compression garment system comprising a leg garment (10, fig 1) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 4), wherein the leg garment comprises one or more leg pressure applying regions controllable to apply pressure to at least a portion of the leg (see col. 1, lines 15-17; 64a-64c three regions), wherein each of the one or more leg pressure applying regions comprises two or more chambers (38a-38f, fig 1 where each region has two chambers), wherein the leg garment extends from an upper end (14a, fig 1) to a lower end (14b, fig 1); and tubing (46, fig 1) comprising two or more tubes (46a-46d), each of the two or more tubes operably coupled to each of the two or more chambers (see col. 5, lines 22-24) using a respective garment port (50a-50d, fig 1), wherein the tubing transmits fluid to the two or more chambers (see col. 5, lines 16-17; pressurized air), wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end (see the tubes extending from the garment at one location and convening together for connection to external devices, see col. 5, lines 14-17).
With respect to claim 37, Tobler discloses each of the two or more tubes comprises a first segment (see fig 1 where 46 extends into channel 52) located within the leg garment (see fig 1) and a second segment (see 46 exposed outside of 52 in fig 1) located outside of the leg garment (outside of channel 52; see col. 5, lines 14-17).
With respect to claim 38, Tobler discloses the upper end is located proximate at least a femoral region of the leg of the user when the leg garment is donned (see fig 4 where the upper end is near the femur of the leg) and the lower end is located proximate one or more of a crural region of the leg of the user when the leg garment is donned (see the end of the garment in fig 4 near the users foot).
With respect to claim 45, Tobler discloses the leg garment further comprises: a plurality of leg strap portions (flaps 64a-64c, fig 3), each of the plurality of leg strap portions extending across at least a portion of the user's leg and removably couplable to a leg attachment area (56a-56c, fig 1) of the leg garment to don the leg garment about the leg of the user (see fig 4 and col. 5, lines 45-52); and a plurality of sacrificial attachment portions (58a-c, fig 3), each of the plurality of sacrificial attachment portions corresponding to a different leg strap portion of the plurality of leg strap portions (see col. 5, lines 45-52), wherein each of the plurality of sacrificial attachment portions is removably coupled to the leg garment at the leg attachment area, wherein each of the plurality of leg strap portions is removably couplable to the corresponding sacrificial attachment portion, wherein the removable coupling between each of the plurality of sacrificial attachment portions and the leg garment is stronger than the removable coupling between each of the plurality of sacrificial attachment portions and each of the plurality of leg strap portions (see col. 5, lines 45-52 where the attachment portions are couplable and hold the leg garment on the leg).
With respect to claim 47, Tobler discloses the system further comprises a controller (not drawn; see col. 5, lines 14-18) to control pressure applied by at least one of the one or more leg pressure applying regions to move lymph from the leg (see col. 6, lines 52-60).
With respect to claim 49, Tobler discloses With respect to claim 36, Tobler discloses a compression garment system comprising a leg garment (10, fig 1) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 4), wherein the leg garment comprises one or more leg pressure applying regions controllable to apply pressure to at least a portion of the leg (see col. 1, lines 15-17), wherein each of the one or more leg pressure applying regions comprises two or more chambers (38a-38f, fig 1 where each region has two chambers), wherein the leg garment extends from an upper end (14a, fig 1) to a lower end (14b, fig 1); and tubing (46, fig 1) comprising two or more tubes (46a-46d), each of the two or more tubes operably coupled to each of the two or more chambers (see col. 5, lines 22-24) using a respective garment port (50a-50d, fig 1), wherein the tubing transmits fluid to the two or more chambers (see col. 5, lines 16-17; pressurized air), wherein each of the two or more tubes comprises a first segment (see fig 1 where 46 extends into channel 52) located within the leg garment (see fig 1) and a second segment (see 46 exposed outside of 52 in fig 1) located outside of the leg garment (outside of channel 52; see col. 5, lines 14-17); and wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end (see the tubes extending from the garment at one location and convening together for connection to external devices, see col. 5, lines 14-17).
With respect to claim 54, Tobler discloses the system further comprises a controller (not drawn; see col. 5, lines 14-18) to control pressure applied by at least one of the one or more leg pressure applying regions to move lymph from the leg (see col. 6, lines 52-60).
With respect to claim 55, Tobler discloses the upper end is located proximate at least a femoral region of the leg of the user when the leg garment is donned (see fig 4 where the upper end is near the femur of the leg) and the lower end is located proximate one or more of a crural region of the leg of the user when the leg garment is donned (see the end of the garment in fig 4 near the users foot).
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.
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) 36, 39-41, and 48-53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldridge (2003/0032905) in view of Tobler (5,626,556).
With respect to claim 36, Waldridge discloses a compression garment system (see R1-R4, fig 7) comprising a leg garment (see garment R2-R4) on leg in fig 7 and [0061]) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 7 and [0061-62]), wherein the leg garment comprises one or more leg pressure applying regions (c1, c2, cn; are compartments for bladders providing compression [0063]) controllable to apply pressure to at least a portion of the leg (see [0063]), wherein each of the one or more leg pressure applying regions comprises two or more chambers (note c1, c2, cn are individually pressurized; [0063]), wherein the leg garment extends from an upper end (end near R1, fig 7) to a lower end (end near R4, fig 7), and tubing (pneumatic hoses 45, fig 1) for pressurizing and depressurizing the bladders (see [0048]), but is silent regarding tubing comprising two or more tubes, each of the two or more tubes operably coupled to each of the two or more chambers using a respective garment port, wherein the tubing transmits fluid to the two or more chambers, wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end.
However, Tobler teaches a leg garment (10, fig 1) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 4), wherein each of one or more leg pressure applying regions (see col. 1, lines 15-17) comprises two or more chambers (38a-38f, fig 1), wherein the leg garment extends from an upper end (14a, fig 1) to a lower end (14b, fig 1); and tubing (46, fig 1) comprising two or more tubes (46a-46d), each of the two or more tubes operably coupled to each of the two or more chambers (see col. 5, lines 22-24) using a respective garment port (50a-50d, fig 1), wherein the tubing transmits fluid to the two or more chambers (see col. 5, lines 16-17; pressurized air), wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end (see the tubes extending from the garment at one location and convening together for connection to external devices, see col. 5, lines 14-17).
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 system of Waldridge to include the tubing structure as taught by Tobler so as to provide pressurized air to multiple chambers with multiple tubes in a concise location.
With respect to claim 39, the modified Waldridge shows the leg garment further comprises a calf portion (R3, fig 7 of Waldridge) to be donned about a crural region of the leg of the user (see fig 7 and [0061-62] of Waldridge), the calf portion adapted to apply compression to the crural region using the one or more leg pressure applying regions ([0061-62] of Waldridge); a foot portion (R4, fig 7 of Waldridge) to be donned about a pedal region of the leg of the user (see fig 7 of Waldridge), the foot portion adapted to apply compression to the pedal region using the one or more leg pressure applying regions ([0061-62] of Waldridge); and a heel element (see R4 around the heel of the foot) coupling the calf portion to the foot portion (see fig 7 of Waldridge), the heel element adapted to receive the heel of the leg of the user, wherein the heel element comprises a heel cup (see fig 12 of Waldridge noting the heel curvature).
With respect to claim 40, the modified Waldridge shows the heel cup defines a curvature to follow the curvature of a tarsal region of the leg of the user, the heel cup adapted to receive the heel of the leg of the user and to provide curvature of the leg garment from the crural region to the pedal region of the leg of the user when the leg garment is donned (see fig 12 of Waldridge “Note ankle and heel arching to assure snug fit in these areas and allow chamber to lay perpendicular to lymphatic flow during treatment”).
With respect to claim 41, the modified Waldridge shows the heel cup extends along a center portion between the calf portion and the foot element (see fig 13A-13B of Waldridge with the heel curvature between the calf and the foot), and wherein the heel cup further comprises a pair of side cup portions defining a left side and a right side of the heel cup (curvature for the heel would have each side to assure snug fit as seen in figs 12, 13A, 13B of Waldridge).
With respect to claim 48, the modified Waldridge shows the upper end is locatable proximate an abdominal region of the user (see location of R1 near abdomen; trunk region; [0061] of Waldridge), and wherein the leg garment extends from the upper end at least to a point locatable proximate an area positioned between a pelvic region and a patellar region (see left side of fig 7 where the garment extends just below the trunk of the user; [0061] of Waldridge).
With respect to claim 49, Waldridge discloses a compression garment system (see R1-R4, fig 7) comprising a leg garment (see garment R2-R4) on leg in fig 7 and [0061]) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 7 and [0061-62]), wherein the leg garment comprises one or more leg pressure applying regions (c1, c2, cn; are compartments for bladders providing compression [0063]) controllable to apply pressure to at least a portion of the leg (see [0063]), wherein each of the one or more leg pressure applying regions comprises two or more chambers (note c1, c2, cn are individually pressurized; [0063]), wherein the leg garment extends from an upper end to a lower end, and tubing (pneumatic hoses 45, fig 1) for pressurizing and depressurizing the bladders (see [0048]), but is silent regarding tubing comprising two or more tubes, each of the two or more tubes operably coupled to each of the two or more chambers using a respective garment port, wherein the tubing transmits fluid to the two or more chambers, wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end.
However, Tobler teaches a leg garment (10, fig 1) to be donned about a right or left leg of a user adapted to apply compression to the leg (see fig 4), wherein each of one or more leg pressure applying regions (see col. 1, lines 15-17) comprises two or more chambers (38a-38f, fig 1), wherein the leg garment extends from an upper end (14a, fig 1) to a lower end (14b, fig 1); and tubing (46, fig 1) comprising two or more tubes (46a-46d), each of the two or more tubes operably coupled to each of the two or more chambers (see col. 5, lines 22-24) using a respective garment port (50a-50d, fig 1), wherein the tubing transmits fluid to the two or more chambers (see col. 5, lines 16-17; pressurized air), wherein each of the two or more tubes comprises a first segment (see fig 1 where 46 extends into channel 52) located within the leg garment (see fig 1) and a second segment (see 46 exposed outside of 52 in fig 1) located outside of the leg garment (outside of channel 52; see col. 5, lines 14-17); wherein the two or more tubes extend from and exit the leg garment at a single location between the upper end and the lower end (see the tubes extending from the garment at one location and convening together for connection to external devices, see col. 5, lines 14-17).
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 system of Waldridge to include the tubing structure as taught by Tobler so as to provide pressurized air to multiple chambers with multiple tubes in a concise location.
With respect to claim 50, the modified Waldridge shows the leg garment further comprises a calf portion (R3, fig 7 of Waldridge) to be donned about a crural region of the leg of the user (see fig 7 and [0061-62] of Waldridge), the calf portion adapted to apply compression to the crural region using the one or more leg pressure applying regions ([0061-62] of Waldridge); a foot portion (R4, fig 7 of Waldridge) to be donned about a pedal region of the leg of the user (see fig 7 of Waldridge), the foot portion adapted to apply compression to the pedal region using the one or more leg pressure applying regions ([0061-62] of Waldridge); and a heel element (see R4 around the heel of the foot) coupling the calf portion to the foot portion (see fig 7 of Waldridge), the heel element adapted to receive the heel of the leg of the user, wherein the heel element comprises a heel cup (see fig 12 of Waldridge noting the heel curvature).
With respect to claim 51, the modified Waldridge shows the heel cup defines a curvature to follow the curvature of a tarsal region of the leg of the user, the heel cup adapted to receive the heel of the leg of the user and to provide curvature of the leg garment from the crural region to the pedal region of the leg of the user when the leg garment is donned (see fig 12 of Waldridge “Note ankle and heel arching to assure snug fit in these areas and allow chamber to lay perpendicular to lymphatic flow during treatment”).
With respect to claim 52, the modified Waldridge shows the heel cup extends along a center portion between the calf portion and the foot element (see fig 13A-13B of Waldridge with the heel curvature between the calf and the foot), and wherein the heel cup further comprises a pair of side cup portions defining a left side and a right side of the heel cup (curvature for the heel would have each side to assure snug fit as seen in figs 12, 13A, 13B of Waldridge).
With respect to claim 53, the modified Waldridge shows the heel element is configured to position the foot portion to extend at an angle from the leg garment to fit a curvature from the user's calf to the user's foot region or ankle region (see figs 7 and 12 of Waldridge where the foot angles downward from the foot).
Claim(s) 42 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldridge and Tobler as applied to claim 36 above, and further in view of Noskowicz (2014/0194796).
With respect to claim 42, the modified Waldridge shows all the elements as claimed above but lacks two or more strain relief portions, each strain relief portion comprising a tongue element fixedly coupled to the leg garment and removably coupled to the respective tube of the two or more tubes, each strain relief portion adapted to relieve strain from the operable coupling between the respective chamber of the two or more chamber and the respective tube of the two or more tubes.
However, Noskowicz teaches a strain relief portion (1401, fig 14 of Noskowicz) removably coupled (slit in element 1401 allows element to be removed from tubing) to the garment and tubing to relieve stress from the coupling between the pressure applying regions and tubing (see [0080], lines 5-9 of Noskowicz).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify each tube of the modified Waldridge to include the strain relief portion as taught by Noskowicz so as to increase the integrity of the system.
Claim(s) 43-44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldridge and Tobler as applied to claim 36 above, and further in view of O'Brien (8,522,364).
With respect to claim 43, the modified Waldridge shows all the elements as claimed above but lacks loop portions proximate the upper end of the leg garment to be grasped by the user when donning the leg garment to assist in donning the leg garment.
However, O'Brien teaches a garment (400, fig 4 of O'Brien) with loop portions (410, 412, 413, 414, 424, 425, fig 4 of O'Brien) to be grasped for assisting in the donning of the garment (the loops can be grasped so can be held when putting on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the upper end region of Waldridge’s garment to include loop portions as taught by O'Brien, so as to make it easier to put on the garment for use.
With respect to claim 44, the modified Waldridge shows a plurality of leg strap portions (216,213; fig 13A of Waldridge) adapted to extend across at least a portion of the user's leg that are removably couplable to a leg attachment area of the leg garment to don the leg garment about the leg of the user (see [0079] of Waldridge) but lacks at least one loop portion coupled to at least one leg strap portion to be grasped by a user when donning the leg garment.
However, O'Brien teaches a garment (400, fig 4 of O'Brien) with loop portions (410, 412, 413, 414, 424, 425, fig 4 of O'Brien) to be grasped for assisting in the donning of the garment (the loops can be grasped so can be held when putting on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the leg strap portion of Waldridge’s garment to include loop portions as taught by O'Brien, so as to make it easier to put on the garment for use.
Claim(s) 46 is/are rejected under 35 U.S.C. 103 as being unpatentable over Waldridge and Tobler as applied to claim 36 above, and further in view of Czaplewski (2006/0117598).
With respect to claim 46, the modified Waldridge shows all the elements as claimed above but lacks the leg garment further comprises a strap element adapted to receive a portion of a foot of the other leg of the user to assist in removing the leg garment from the user's leg, the strap element located closer to the lower end than the upper end.
However, Czaplewski teaches a strap element (22, fig 4) to receive a portion of the foot of the other leg of the user (user can use a portion of his/her sole) to assist in removing the leg garment (user can step on the loop with one foot and pull the other leg out of the garment), wherein the strap element is located closer to the lower end region than the upper end region (near the heel at the lower portion).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the lower end region of the garment of the modified Waldridge to include a strap portion as taught by Czaplewski so as to aid in the removal of the garment.
Note the strap element is a loop structure capable of receiving a foot as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KELSEY E BALLER whose telephone number is (571)272-8153. The examiner can normally be reached Monday - Friday 8 AM - 4 PM.
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/KELSEY E BALLER/ Examiner, Art Unit 3785
/TU A VO/ Primary Examiner, Art Unit 3785
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