DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 2 is objected to because of the following informalities:
Claim 2 recites, “wherein the first connection area has smaller length in the circumferential direction of the first gap area than length of the first separation area”. It appears it should recite -- wherein the first connection area has a smaller length in the circumferential direction of the first gap area than a length of the first separation area--.
Claim 3 is objected to because of the following informalities:
Claim 3 recites “wherein the second connection area has smaller length in the circumferential direction of the second gap area than length of the first connection area”. It appears it should recite –wherein the second connection area has a smaller length in the circumferential direction of the second gap area than the length of the first connection area --.
Claim 5 is objected to because of the following informalities:
Claim 5 recites “wherein the first connection area has smaller length in the circumferential direction of the first gap area than length of the first separation area”. It appears it should recite --wherein the first connection area has a smaller length in the circumferential direction of the first gap area than a length of the first separation area --.
Claim 5 recites, “wherein the second connection area has a smaller length in the circumferential direction of the second gap area than length of the first connection area”. It appears it should recite -- wherein the second connection area has a smaller length in the circumferential direction of the second gap area than the length of the first connection area--.
Appropriate correction is required.
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 1-5 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.
Claims 1 and 5 recites the limitation "wherein the outer perimeter surface thereof" in line 19, respectively. There is insufficient antecedent basis for this limitation in the claim. An outer perimeter surface was introduced in line 15 for claim 1 and line 15 for claim 5, making it appear as though this is the same outer perimeter that is later referenced in line 19 for each claim. However, the use of the word “thereof” makes it appear as if the outer perimeter is that of the second cover member as each claim recites “a second cover member covering the first open hole, and wherein the outer perimeter surface thereof”. Accordingly, the claim is indefinite. For the purposes of examination, the limitation will be interpreted as -- wherein an outer perimeter surface thereof fittingly engages with an inner perimeter surface of the first open hole--.
As claim 2-4 depends from claim 1, they are rejected for at least the same reasons as claim 1.
Claims 2 and 5 recite the limitation "wherein the first connection area has smaller length in the circumferential direction of the first gap area than length of the first separation area in the circumferential direction of the first gap area" in lines 9-11 and 28-30, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it will be interpreted as --wherein the first connection area has smaller length in a circumferential direction of the first gap area than length of the first separation area in the circumferential direction of the first gap area--.
As claim 3 depends from claim 2, it is rejected for at least the same reasons as claim 2.
Claims 3 and 5 recite “wherein the second connection area has smaller length in the circumferential direction of the second gap area than length of the first connection area in the circumferential direction of the first gap area” in lines 9-11 and lines 38-40, respectively. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination, it will be interpreted as --wherein the second connection area has smaller length in a circumferential direction of the second gap area than length of the first separation area in the circumferential direction of the first gap area--.
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: a first fastening member, a second fastening member and a connecting member in claims 1 and 2.
Claim limitations “a first fastening member” and “a second fastening member” have been interpreted under 35 USC 112(f) or pre-AIA 35 USC 112, sixth paragraph, because they use a generic placeholder “member” as a substitute for means coupled with functional language “fastening” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “first fastening member” and “second fastening member” described in the specification include natural or synthetic materials having flexibility and/or elasticity and a structure in which fabrics made of different materials overlap each other to form a plurality of layers (Applicant’s specification, [0036]).
Claim limitation “a connecting member” has been interpreted under 35 USC 112(f) or pre-AIA 35 USC 112, sixth paragraph, because it uses a generic placeholder “member” as a substitute for means coupled with functional language “connecting” without reciting sufficient structure to achieve the function. Furthermore, the generic placeholder is not preceded by a structural modifier.
A review of the specification shows that the corresponding structure of the 35 U.S.C. 112(f) or pre-AIA U.S.C. 112, sixth paragraph limitation “first connecting member” described in the specification includes Velcro or button fastening structure (Applicant’s specification, [0037]).
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 § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lifshey (US 5755746) in view of Feinstein (US 2018/0008449).
Regarding claim 1, Lifshey discloses an injury contact prevention band (A band is a strip or loop of metal or other strong material which strengthens something, or which holds several things together, collinsdictionary.com; Fig. 6; NOTE: cast 34 wraps around arm and is thus a loop and it strengthens the arm and is thus band) comprising: an injury cover portion 58, 34 (cast, 34, fixture 58, col. 4, lines 20-41; annotated Fig. 6 below)
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configured to cover a part of a body including an injury (col. 1, lines 5-13; capable of intended use) and having a thickness (annotated Fig. 6 above) through which an injury opening hole 66, 50 (aperture 66, col. 4, lines 20-41; bore of pad 50; the pad 50 also has a cylindrical bore, col. 4, lines 4-5) cuts to expose the injury (see annotated Fig. 6 above; col. 1, lines 5-13; capable of intended use; NOTE: cut is defined as “to penetrate with”, merriamwebster.com thus the limitation is interpreted as through which an injury opening hole penetrates); and a hole cover portion 74, 78, 54 (cap 74, cylinder 78, felt pad 54, col. 4, lines 20-41) configured to cover the injury opening hole (Fig. 6; col. 4, lines 20-41), and to be separatable from the injury opening hole (Fig. 6 shows a cap system for the fixture 58 for use when the daily ultrasonic treatment is finished, col. 4, lines 20-41; NOTE: as the cap system is used when treatment is finished it follows that it is separable from the injury hole, for example, when treatment resumes, and wherein the hole cover portion includes: a first cover member (cap 74; cylinder 78; col. 4, lines 20-41) in which an outer perimeter surface thereof fittingly engages with an inner perimeter surface of the injury opening hole (cylinder 78, col. 4, lines 20-41; NOTE: cylinder 78 has an outer perimeter surface with slotted lugs 82) and a first open hole is located (annotated Fig. 6; NOTE: the structure 78 is a cylinder thus it has a first open hole and further an arrow is shown in Fig are shown indicating that pad 54 is inserted into cylindrical portion 78), and a second cover member 54 (felt pad 54, col. 4, lines 20-41) covering the first open hole (annotated Fig. 6 above, col. 4, lines 20-41; NOTE: as 78 is a cylinder the felt pad would cover the first open hole when the pad is in the fixture 58 and the cap is pressed against the felt pad), and wherein the outer perimeter surface thereof fittingly engages with an inner perimeter surface of the first open hole (Fig. 6; NOTE: arrows indicated felt pad 54 is inserted into cylinder 78 of first cover member 74 thus an outer perimeter surface is fittingly engaged with an inner perimeter surface of the first open hole [hole of cylinder 78]).
Lifshey fails to disclose a fastening portion configured to fasten the injury cover portion to the body, wherein the fastening portion includes: a first fastening member extending from an end of the injury cover portion and having flexibility, a second fastening member extending from another end of the injury cover portion and having flexibility, and a connecting member detachably connecting an end of the first fastening member and an end of the second fastening member to each other.
Feinstein teaches an analogous injury contact prevention band (Fig. 3B; NOTE: strip of material loops around the arm; capable of intended use) comprising an analogous injury cover portion 100 (fixation device 100 [e.g. braces, splints, casts, [0066]; [0034]; Fig. 3A) and a fastening portion 10, 20, 113, 114 (clasp bands/straps 10, 20 [0034]; clasp members 113, 114, [0036]) configured to fasten the injury cover portion to the body ([0066]), wherein the fastening portion includes: a first fastening member 20 extending from an end of the injury cover portion (Fig. 3A) and having flexibility (The clasp bands/straps 20 are elongated bands/straps comprising a shape memory material 102 and a non-shape memory material 104. The clasp bands/straps 20 may further comprise a liner layer 206 on which the shape memory material 102 and the non-shape memory material 104 are deposited, [0038]; The phase transformation further causes the clasp bands/straps to bend such that two distal end portions of the clasp bands/straps move toward each other, [0020]; NOTE: the clasp bands/straps are caused to bend and thus the straps/bands are flexible; NOTE: per 112f analysis above a first fastening member is a structure in which fabrics made of different materials overlap each other to form a plurality of layers and the straps 20 includes a liner on which shape memory and non shape memory are deposited thus are equivalent to a structure in which fabrics made of different materials overlap), a second fastening member 10 extending from another end of the injury cover portion and having flexibility (The clasp bands/straps 10 comprise a shape memory material 102 and a non-shape memory material 104. The clasp bands/straps 10 may further comprise a liner 206 on which the shape memory material 102 and the non-shape memory material 104 are deposited, [0034]; The shape memory material 102 allows the pair of clasp bands/straps 10 to transform to their original form [a more stable form] upon receiving a stimulus and cause the pair of clasp bands/straps 10 to bend and its two distal end portion, [0037]; NOTE: as it bands/straps bend they are flexible; NOTE: per 112f analysis above a second fastening member is a structure in which fabrics made of different materials overlap each other to form a plurality of layers and the straps 20 includes a liner on which shape memory and non shape memory are deposited thus are equivalent to a structure in which fabrics made of different materials overlap), and a connecting member 113, 114 (clasp members 113, 114, [0037]; NOTE: per 112f analysis a connecting member is VELCRO or a button fastening structure and a clasp is equivalent to VELCRO and a button fastening structure) detachably connecting an end of the first fastening member and an end of the second fastening member to each other ([0037]; Fig. 3A, Fig. 3B).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide a fastening portion to the injury contact prevention band of Lifshey configured to fasten the injury cover portion to the body, wherein the fastening portion includes: a first fastening member extending from an end of the injury cover portion and having flexibility, a second fastening member extending from another end of the injury cover portion and having flexibility, and a connecting member detachably connecting an end of the first fastening member and an end of the second fastening member to each other, as taught by Feinstein, in order to provide an improved injury contact prevention band that facilitates fastening without using a hand (Feinstein, [0020]) and that facilitates self assembly around a subject (Feinstein, [0020]-[0022]).
Regarding claim 2, Lifshey in view of Feinstein discloses the invention as described above.
Lifshey further discloses wherein a first gap area (a first gap areas is the area with slotted lug 82 and the area adjacent slotted lug is a separation area; see first annotated Fig. 6 above with regard to the rejection to claim 1; NOTE: Applicant’s claims recite that a first gap area includes a first separation area and a first connection area and as will be explained below Lifshey discloses a first separation area and a first connection area and thus discloses a first gap area) is located between the first cover member and the injury opening hole (Annotated Fig. 6, above with regard to the rejection to claim 1; col. 4, lines 20-41; NOTE: The cylindrical portion 78 is inserted into the aperture 66 with the slotted lugs 82 offset from the bayonet lugs 70…the cap 74 is then rotated so that its slotted lugs engage the bayonet lugs, col. 5, lines 12-23; NOTE: as the slotted lugs jut out from the first cover member it would follow that they are between the first cover member and the injury opening hole) when the first cover member is inserted into the injury opening hole (The cap 74 is then rotated so that its slotted lugs 82 engage the bayonet lugs 70., col. 4, lines 20-41), wherein the first gap area includes: a first separation area (see area in annotated Fig. 6 above in between lugs 82) where the first cover member and the injury cover portion are separated from each other (see area adjacent slotted lug 82, annotated Fig. 6 above; col. 4, lines 20-41; NOTE: as the slotted lugs jut out from the first cover member it would follow that the separation area adjacent the lugs would not contact the injury cover portion and thus the first cover member and the injury cover portion are separated at the separation areas), and a first connection area 82 (slotted lug 82, col. 4, lines 20-41) where the first cover member and the injury cover portion are connected to each other (col. 4, lines 20-41), wherein the first connection area has smaller length in the circumferential direction of the first gap area than length of the first separation area in the circumferential direction of the first gap area (annotated Fig. 6 above with regard to the rejection to claim 1 where a gap area is seen to be longer than lug area/connection area and as evidenced in Fig. 6 by the position of bayonet lugs 70 which correspond to slotted lugs 82 [first connection area]).
Regarding claim 3, Lifshey in view of Feinstein discloses the invention as described above with regard to claim 2.
Lifshey further discloses wherein a second gap area is located between the second cover member and the first open hole (Annotated Fig. 6 above with regard to claim 1; NOTE: Applicant’s claims recite that a second gap area includes a second separation area and a second connection area and as will be explained below Lifshey discloses a second separation area and a second connection area and thus discloses a second gap area; col. 4, lines 20-41; NOTE: as seen in annotated Fig. 6 a connection area [a part of the second gap area] is located between the separation area [second cover member] and the first open hole [cylinder 78]), when the second cover member is inserted into the first open hole (Fig. 6, col. 4, lines 20-41; see arrow; NOTE: as element 78 is a cylinder and Fig. 6 shows an area from the second cover member 54 to the cylinder it follows that the second cover member is inserted into the first open hole of the cylinder), the second gap area includes: a second separation area (A separation area is portion of the pad 54 at the bottom that does not contact the cylinder; annotated Fig. 6 above) where the first cover member and the second cover member are separated from each other (NOTE: a portion of the pad 54 [second cover member] at for example the bottom end away from the edges is separated from the first cover member [cap 74]; annotated Fig. 6), and a second connection area where the first cover member and the second cover member are connected to each other (col. 4, lines 20-41, Fig. 6; NOTE: a side of the pad 54 may be considered a connection area as it would make contact with the inside of the first cover member as it is received within the first cover member, Annotated Fig. 6 above), wherein the second connection area has smaller length in the circumferential direction of the second gap area than length of the first connection area in the circumferential direction of the first gap area (NOTE: the second connection area i.e. any select portion of the area that contacts the first cover member, has a length which may be along the circumferential direction of the pad layer and a portion of that length that is smaller than a length of the first connection member as the second connection area as seen, for example encircled in annotated Fig. 6 has a smaller length in the circumferential direction of the pad layer than the length of the first connection member).
Regarding claim 4, Lifshey in view of Feinstein discloses the invention as described above with regard to claim 1.
Lifshey further discloses wherein the injury cover portion has a cut portion (one of the bayonet lugs 70) indented (an indentation is defined as “a cut, notch, or deep recess”, dictionary.com; as the opening in the annotated Fig. 6 below is a cut or a deep recess it is an indentation and is thus indented)
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from an outer perimeter (annotated Fig. 6 above) toward a central area thereof in an end area between an end and another end of an edge area thereof (see annotated Fig. 6 above).
Regarding claim 5, Lifshey discloses an injury contact prevention band (A band is a strip or loop of metal or other strong material which strengthens something, or which holds several things together, collinsdictionary.com; Fig. 6; NOTE: cast 34 wraps around arm and is thus a loop and it strengthens the arm and is thus band) comprising: an injury cover portion 58, 34 (cast, 34, fixture 58, col. 4, lines 20-41; annotated Fig. 6 above with regard to the claim 1 rejection) configured to cover a part of a body including an injury (col. 1, lines 5-13; capable of intended use) and having a thickness (annotated Fig. 6 above with regard to the claim1 rejection) through which an injury opening hole 66, 50 (aperture 66, col. 4, lines 20-41; bore of pad 50; the pad 50 also has a cylindrical bore, col. 4, lines 4-5) cuts to expose the injury (see annotated Fig. 6 above with regard to claim 1; col. 1, lines 5-13; capable of intended use; NOTE: cut is defined as “to penetrate with”, merriamwebster.com thus the limitation is interpreted as through which an injury opening hole penetrates); and a hole cover portion 74, 78, 54 (cap 74, cylinder 78, felt pad 54, col. 4, lines 20-41) configured to cover the injury opening hole (Fig. 6; col. 4, lines 20-41), and to be separatable from the injury opening hole (Fig. 6 shows a cap system for the fixture 58 for use when the daily ultrasonic treatment is finished, col. 4, lines 20-41; NOTE: as the cap system is used when treatment is finished it follows that it is separable from the injury hole, for example, when treatment resumes), and wherein the hole cover portion includes: a first cover member (cap 74, cylinder 78, col. 4, lines 4-20) in which an outer perimeter surface thereof (cylinder 78, col. 4, lines 20-41; NOTE: cylinder 78 has an outer perimeter surface) fittingly engages with an inner perimeter surface 70 (bayonet lugs, col. 4, lines 20-41; the slotted lugs 82 engage the bayonet lugs 70, col. 4, lines 39-41) of the injury opening hole (see surface with bayonet lug 70 shown in annotated Fig. 6 with regard to the claim 1 rejection) and a first open hole is located (annotated Fig. 6; NOTE: the structure 78 is a cylinder thus it has a first open hole and further an arrow is shown in Fig are shown indicating that pad 54 is inserted into cylindrical portion 78), and a second cover member 54 (felt pad 54, col. 4, lines 20-41) covering the first open hole (annotated Fig. 6 above, col. 4, lines 20-41; NOTE: as 78 is a cylinder the felt pad would cover the first open hole when the pad is in the fixture 58 and the cap is pressed against the felt pad), and wherein the outer perimeter surface thereof fittingly engages with an inner perimeter surface of the first open hole (Fig. 6; NOTE: arrows indicate felt pad 54 is inserted into cylinder 78 of first cover member 74 thus an outer perimeter surface is fittingly engaged with an inner perimeter surface of the first open hole [hole of cylinder 78]), wherein a first gap area (a first gap areas is the area with slotted lug 82 and with the area adjacent slotted lug which is a separation area; annotated Fig. 6 above with regard to the claim 1 rejection; NOTE: Applicant’s claims recite that a first gap area includes a first separation area and a first connection area and as will be explained below Lifshey discloses a first separation area and a first connection area and thus discloses a first gap area) is located between the first cover member and the injury opening hole (Annotated Fig. 6, col. 4, lines 20-41; NOTE: The cylindrical portion 78 is inserted into the aperture 66 with the slotted lugs 82 offset from the bayonet lugs 70…the cap 74 is then rotated so that its slotted lugs engage the bayonet lugs, col. 5, lines 12-23; NOTE: as the slotted lugs jut out from the first cover member it would follow that they are between the first cover member and the injury opening hole) when the first cover member is inserted into the injury opening hole (The cap 74 is then rotated so that its slotted lugs 82 engage the bayonet lugs 70., col. 4, lines 20-41), wherein the first gap area includes: a first separation area (see area in annotated Fig. 6 above with regard to the claim 1 rejection in between lugs 82) where the first cover member and the injury cover portion are separated from each other (see area adjacent slotted lug 82, annotated Fig. 6 above; col. 4, lines 20-41; NOTE: as the slotted lugs jut out from the first cover member it would follow that the separation area adjacent the lugs would not contact the injury cover portion and thus the first cover member and the injury cover portion are separated at the separation areas), and a first connection area 82 (slotted lug 82, col. 4, lines 20-41; NOTE 82 connects with 70) where the first cover member and the injury cover portion are connected to each other (col. 4, lines 20-41), wherein the first connection area has smaller length in the circumferential direction of the first gap area than length of the first separation area in the circumferential direction of the first gap area (annotated Fig. 6 above with regard to the claim 1 rejection where a gap area is seen to be longer than lug area/connection area and as evidenced in Fig. 6 by the position of bayonet lugs 70 which correspond to slotted lugs 82 [first connection area]), wherein a second gap area (annotated Fig. 6 above with regard to the claim 1 rejection) is located between the second cover member and the first open hole (Annotated Fig. 6 above with regard to claim 1; NOTE: Applicant’s claims recite that a second gap area includes a second separation area and a second connection area and as will be explained below Lifshey discloses a second separation area and a second connection area and thus discloses a second gap area, col. 4, lines 20-41; NOTE: as seen in annotated Fig. 6 a connection area [a part of the second gap area] is located between the separation area [second cover member] and the first open hole [cylinder 78]), when the second cover member is inserted into the first open hole (Fig. 6, col. 4, lines 20-41; see arrow; NOTE: as element 78 is a cylinder and Fig. 6 shows an area from the second cover member 54 to the cylinder it follows that the second cover member is inserted into the first open hole of the cylinder), the second gap area includes: a second separation area (A separation area is portion of the pad 54 at the bottom that does not contact the cylinder; annotated Fig. 6 above with regard to claim 1) where the first cover member and the second cover member are separated from each other (NOTE: a portion of the pad 54 [second cover member] at for example the bottom end away from the edges is separated from the first cover member [cap 74]; annotated Fig. 6), and a second connection area where the first cover member and the second cover member are connected to each other (col. 4, lines 20-41, Fig. 6; NOTE: a side of the pad 54 may be considered a connection area as it would make contact with the inside of the first cover member as it is received within the first cover member; annotated Fig. 6 above with regard to claim 1), wherein the second connection area has smaller length in the circumferential direction of the second gap area than length of the first connection area in the circumferential direction of the first gap area (NOTE: the second connection area i.e. any select portion of the area that contacts the first cover member, has a length which may be along the circumferential direction of the pad layer and a portion of that length that is smaller than a length of the first connection member as the second connection area as seen, for example encircled in annotated Fig. 6 above with regard to claim 1 has a smaller length in the circumferential direction of the pad layer than the length of the first connection member), wherein the injury cover portion has a cut portion (one of the bayonet lugs 70) indented (an indentation is defined as “a cut, notch, or deep recess”, dictionary.com; as the opening in the annotated Fig. 6 above with regard to the claim 4 rejection is a cut or a deep recess it is an indentation and is thus indented) from an outer perimeter toward a central area thereof in an end area between an end and another end of an edge area thereof (see annotated Fig. 6 above with regard to claim 4).
Lifshey fails to disclose a fastening portion configured to fasten the injury cover portion to the body, wherein the fastening portion includes: a first fastening member extending from an end of the injury cover portion and having flexibility, a second fastening member extending from another end of the injury cover portion and having flexibility, and a connecting member detachably connecting an end of the first fastening member and an end of the second fastening member to each other.
Feinstein teaches an analogous injury contact prevention band (Fig. 3B; NOTE: strip of material loops around the arm; capable of intended use) comprising an analogous injury cover portion 100 (fixation device 100 [e.g. braces, splints, casts, [0066]; [0034]; Fig. 3A) and a fastening portion 10, 20, 113, 114 (clasp bands/straps 10, 20 [0034]; clasp members 113, 114, [0036]) configured to fasten the injury cover portion to the body ([0066]), wherein the fastening portion includes: a first fastening member 20 extending from an end of the injury cover portion (Fig. 3A) and having flexibility (The clasp bands/straps 20 are elongated bands/straps comprising a shape memory material 102 and a non-shape memory material 104. The clasp bands/straps 20 may further comprise a liner layer 206 on which the shape memory material 102 and the non-shape memory material 104 are deposited, [0038]; The phase transformation further causes the clasp bands/straps to bend such that two distal end portions of the clasp bands/straps move toward each other, [0020]; NOTE: the clasp bands/straps are caused to bend and thus the straps/bands are flexible; NOTE: per 112f analysis above a first fastening member is a structure in which fabrics made of different materials overlap each other to form a plurality of layers and the straps 20 includes a liner on which shape memory and non shape memory are deposited thus are equivalent to a structure in which fabrics made of different materials overlap), a second fastening member 10 extending from another end of the injury cover portion and having flexibility (The clasp bands/straps 10 comprise a shape memory material 102 and a non-shape memory material 104. The clasp bands/straps 10 may further comprise a liner 206 on which the shape memory material 102 and the non-shape memory material 104 are deposited, [0034]; The shape memory material 102 allows the pair of clasp bands/straps 10 to transform to their original form [a more stable form] upon receiving a stimulus and cause the pair of clasp bands/straps 10 to bend and its two distal end portion, [0037]; NOTE: as it bands/straps bend they are flexible; NOTE: per 112f analysis above a second fastening member is a structure in which fabrics made of different materials overlap each other to form a plurality of layers and the straps 20 includes a liner on which shape memory and non shape memory are deposited thus are equivalent to a structure in which fabrics made of different materials overlap), and a connecting member 113, 114 (clasp members 113, 114, [0037]; NOTE: per 112f analysis a connecting member is VELCRO or a button fastening structure and a clasp is equivalent to a button fastening structure) detachably connecting an end of the first fastening member and an end of the second fastening member to each other ([0037]; Fig. 3A, Fig. 3B).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide a fastening portion to the injury contact prevention band of Lifshey configured to fasten the injury cover portion to the body, wherein the fastening portion includes: a first fastening member extending from an end of the injury cover portion and having flexibility, a second fastening member extending from another end of the injury cover portion and having flexibility, and a connecting member detachably connecting an end of the first fastening member and an end of the second fastening member to each other, as taught by Feinstein, in order to provide an improved injury contact prevention band that facilitates fastening without using a hand (Feinstein, [0020]) and that facilitates self assembly around a subject (Feinstein, [0020]-[0022]).
Conclusion
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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786