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
1. The information disclosure statement (IDS) submitted on 04/27/2026 and 12/08/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, this submission of the information disclosure statement is being considered by the examiner.
Response to Amendment
2. The amendment filed 05/06/2026 has been entered. Currently, claims 1-20 remain pending in the application. Independent claims 1 and 11 were amended by the Applicant without the addition of new matter to include further narrowing limitations. Additionally, dependent claim 10 was amended to correct previous claim objections that were set forth in the Non-Final Office Action mailed 11/06/2025.
Response to Arguments
3. Applicant’s amendment to independent claims 1 and 11 is sufficient to overcome the previous 35 USC § 102 and 35 USC § 103 rejection recited in the Non-Final Office Action mailed 11/06/2025.
Applicant’s amendment and arguments, see Remarks on Page 8 to Page 9, filed 05/06/2026, with respect to the rejection under 35 USC § 102 and 35 USC § 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, the amended claims have changed the scope of the claims and upon further consideration, a new grounds of rejection is made in view of new and current prior art of the record: Hathorn (U.S. Patent Pub. No. 20150105699), Emslander et al. (U.S. Patent Pub. No. 20190328580), Rindfleish (U.S. Patent Pub. No. 20020108617), Lee et al. (U.S. Patent Pub. No. 20110015708), Carrington (U.S. Patent No. 6009565), and Jiang et al. (CN 111467107 A).
4. Overall, Examiner notes that Applicant may overcome the prior art of record by amending the claims to recite positive limitations; for example, in Applicant’s Figures 27A-C the concavity continues elevationally such that there is concave border throughout the upper convex portion. Also, may overcome by describing the specific location of where the concavity is relative to the sigmoid colon and transverse colon and/or concave at tapered while convex at larger descending colon side. Furthermore, Applicant may amend to recite negative limitations such as –not—or –without—to teach away from the prior art. Lastly, transitional phrases such as –consisting—and/or –consisting essentially of—in the preamble or body of the claim would prevent prior art combinations.
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.
Claims 1-2, 6-8, 10-13, 15, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hathorn (U.S. Patent Pub. No. 20150105699) in view of Emslander et al. (U.S. Patent Pub. No. 20190328580).
Regarding claim 1, Hathorn discloses an apparatus 1102 (Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: elastic abdominal wrap 10 with additional controlled force secondary strap 72 having apparatus/insert/padding/support 1102 that is formed as a tapered football shape main body and is positioned on the abdomen in a horizontal direction and sized to support the sigmoid colon during endoscopy, which inherently includes insertion, imaging, and withdrawal) for placement at an abdomen of a patient in connection with an endoscopy procedure, comprising: a main body 1102 having a curved surface ([Paragraph 49 and Figure 11]: curved surface of horizontally oriented insert 1102 is defined as the skin-facing side which is curved in a tapered football shape, for help guiding movement during endoscopy), wherein the main body is configured for an external placement at the abdomen of the patient (Paragraph 46, wrap overtop insert against user’s body) and to extend across and curve along at least a portion of the abdomen of the patient; and at least one contour [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) in an exterior of the main body, wherein the at least one contour is shaped to guide movement of an endoscope during one or more of insertion or withdrawal of the endoscopy procedure.
Hathorn recites “resembles a football shape” in Paragraph 49 wherein a football shape is convex, but the drawing of Hathorn, albeit not drawn to scale, also show some first and second concave edges even though they are ambiguous as to being full concave contours as in Applicant’s invention.
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Hathorn fails to explicitly disclose concave contours.
Emslander teaches an analogous main body 800 (Paragraphs 43, 48, and Figure 8A, abdominal support body 800 with concave opposing surfaces) having an analogous contour that is concave.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the contoured shape of the main body of Hathorn, so that the contour is concave, as taught by Emslander, in order to provide an improved apparatus with an enhanced main body for desirable abdominal support while allowing for targeted various pressure with pain and swelling reduction (Emslander Paragraphs 44, 49, 70)
Regarding claim 2, the combination Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour (Hathorn, Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: at least one shaped contouring (Hathorn, Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) along at least one side (Hathorn [Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102 and configured to extend along at least one of a sigmoid colon region when placed at the patient and to guide the movement of the endoscope along the sigmoid colon region.
Regarding claim 6, the combination Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses wherein the main body 1102 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: silicone insert formed having internal airbladder with a hard core therein)comprises a silicon material.
Regarding claim 7, the combination Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses wherein the apparatus 1102 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: silicone insert formed having internal airbladder and rubber core therein) further includes: an inflatable bladder positioned within the main body 1102, wherein the inflatable bladder (([Paragraphs 47 and 55]: composite or plastic air bladder is a different material than the surrounding silicone main body 1102) comprises a different material than the silicon material, and wherein the inflatable bladder is positioned within the main body to provide a targeted increase of pressure to the abdomen of the patient when the apparatus 1102 is between the abdomen and an elastic compression wrap 10 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]).
Regarding claim 8, the combination Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses wherein the apparatus 1102 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: silicone insert formed having internal airbladder with a hard shaped core therein)further includes a shaped inner core having a material with an increased hardness in comparison to the silicon material of the main body 1102.
Regarding claim 10, the combination Hathorn in view of Emslander discloses the invention as described above. Hathorn at least one strap 10 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: elastic abdominal wrap 10 extending and holding apparatus/insert 1102) extending from the apparatus 1102 having a length configured to extend around the abdomen of the patient to hold the placement of the apparatus 1102 at the patient.
Regarding claim 11, Hathorn discloses a method of applying an insert 1102 ([Paragraphs 44, 47-49, 55, 59, 69-70 and Figures 11-12 and 17]: elastic abdominal wrap having on its exterior surface 78 an apparatus/insert/padding/ support 1102 that is formed as a tapered football shape main body and is positioned on the abdomen in a horizontal direction and sized to support the sigmoid colon during endoscopy, which inherently includes insertion, imaging, and withdrawal. A secondary strap 72 is positioned over the insert 1102 to hold the insert against the exterior surface 78)at a patient in connection with an endoscopy procedure, the method comprising: placing a shaped insert 1102 between (([Paragraphs 44, 47-49, 55, 59, 69-70 and Figures 11-12 and 17]: insert between user’s skin and secondary strap 72 of compression wrap 10,72) the patient and at least a portion of an elastic compression wrap 10,72, wherein the shaped insert 1102 includes: a main body 1102 having a curved surface([Paragraph 49 and Figure 11]: curved surface of horizontally oriented insert 1102 is defined as the skin-facing side which is curved in a tapered football shape, for help guiding movement during endoscopy) configured for an external placement at the abdomen of the patient (Paragraph 46, wrap overtop insert against user’s body) and to extend across and curve along at least a portion of an abdomen of the patient; and at least one contour ([Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) in an exterior of the main body 1102; applying at least the portion of the elastic compression wrap 10 over the shaped insert 1102; and maintaining the shaped insert 1102 at the abdomen of the patient during at least one of endoscope insertion, imaging, or endoscope withdrawal.
Hathorn recites “resembles a football shape” in Paragraph 49 wherein a football shape is convex, but the drawing of Hathorn, albeit not drawn to scale, also show some first and second concave edges even though they are ambiguous as to being full concave contours as in Applicant’s invention.
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Hathorn fails to explicitly disclose concave contours.
Emslander teaches an analogous main body 800 (Paragraphs 43, 48, and Figure 8A, abdominal support body 800 with concave opposing surfaces) having an analogous contour that is concave.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the contoured shape of the main body of Hathorn, so that the contour is concave, as taught by Emslander, in order to provide an improved apparatus with an enhanced main body for desirable abdominal support while allowing for targeted various pressure with pain and swelling reduction (Emslander Paragraphs 44, 49, 70)
Regarding claim 12, the combination of Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses wrapping a primary wrap 10 ([Paragraphs 44, 47-49, 55, 59, 69-70 and Figures 11-12 and 17]) of the elastic compression wrap 10,72 around the abdomen of the patient before placing the insert 1102 on an exterior side 78 of the primary wrap 10, wherein the insert 1102 is placed between the primary wrap 10 and at least one secondary strap 72 of the elastic compression wrap 10,72.
Regarding claim 13, the combination of Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses adjusting compression ([Paragraphs 44, 47-49, 55, 59, 69-70 and Figures 11-12 and 17]) applied to the abdomen of the patient by fastening the at least one secondary strap 72 of the elastic compression wrap 10,72 over the shaped insert 1102.
Regarding claim 15, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one (Emslander, Paragraphs 43, 48, and Figure 8A) contour(Hathorn,[Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: at least one shaped contouring (Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) along at least one side ([Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102 and configured to extend along at least one of a sigmoid colon region when placed at the patient and to guide the movement of the endoscope along the sigmoid colon region.
Regarding claim 18, the combination of Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses wherein the main body 1102 ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: silicone insert formed having internal airbladder with a hard core therein)comprises a silicon material and a shaped inner core having a material with an increased hardness in comparison to the silicon material of the main body 1102.
Regarding claim 20, the combination of Hathorn in view of Emslander discloses the invention as described above. Hathorn further discloses inflating an inflatable bladder ([Paragraphs 44, 47-49, 55, 59, and Figures 11-12 and 17]: silicone insert formed having internal airbladder with a hard core therein) positioned within the main body 1102 to adjust targeted pressure to the abdomen of the patient, wherein the inflatable bladder comprises a different material(([Paragraphs 47 and 55]: composite or plastic air bladder is a different material than the surrounding silicone main body 1102) than the silicon material.
Claims 3 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hathorn (U.S. Patent Pub. No. 20150105699) in view of Emslander et al. (U.S. Patent Pub. No. 20190328580), as applied to claims 1 and 11, respectively, in view of Rindfleish (U.S. Patent Pub. No. 20020108617).
Regarding claim 3, the combination Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour(Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: a first concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) at a first side (Hathorn [Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102, wherein the first concave contouring is configured to extend along a sigmoid colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the sigmoid colon region; and a second concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn Paragraph 49 and Figure 11, second contoured surface of horizontally oriented insert 1102 on superior facing surfaces that is contoured in a tapered football shape) at a second side (Hathorn [Paragraph 49 and Figure 11]: superior facing side) of the main body 1102.
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the second contouring is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region..
Rindfleish teaches an analogous apparatus ([Abstract, Paragraphs 3, 24-25 and Figure 1]: abdominal wrap 10 with apparatus/insert 12,13 for support at the sigmoid and transverse colon during endoscopy that is sized to extend along transverse colon at the subcostal plane, which is an atomical location of the transverse colon) with an analogous second side ([Paragraphs 24-25 and Figure 1]: superior facing side of inserts 12,13) of the analogous main body 12,13 is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a height of the apparatus between the first side and the second concave contouring at the second side of Hathorn in view of Emslander, such that the second side of the main body is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region, as taught by Rindfleish, in order to provide an improved apparatus with an enhanced second side that is sized and positioned at the transverse colon for desirable compression and support thereat during endoscopy procedures without having to rearrange the abdominal wrap or apparatus on the user allowing targeted support of the sigmoid colon and transverse colon at the same time during wear (Rindfleish, Paragraphs 3 and 24-25).
Regarding claim 16, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour(Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: a first concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn, Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) at a first side (Hathorn, [Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102, wherein the first concave contouring is configured to extend along a sigmoid colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the sigmoid colon region; and a second concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn, Paragraph 49 and Figure 11, second contoured surface of horizontally oriented insert 1102 on superior facing surfaces that is contoured in a tapered football shape) at a second side ([Paragraph 49 and Figure 11]: superior facing side) of the main body 1102.
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the second concave contouring is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region..
Rindfleish teaches an analogous insert ([Abstract, Paragraphs 3, 24-25 and Figure 1]: abdominal wrap 10 with apparatus/insert 12,13 for support at the sigmoid and transverse colon during endoscopy that is sized to extend along transverse colon at the subcostal plane, which is an atomical location of the transverse colon) with an analogous second side ([Paragraphs 24-25 and Figure 1]: superior facing side of inserts 12,13) of the analogous main body 12,13 is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a height of the insert between the first side and the second concave contouring at the second side of Hathorn in view of Emslander, such that the second side of the main body is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region, as taught by Rindfleish, in order to provide an improved insert with an enhanced second side that is sized and positioned at the transverse colon for desirable compression and support thereat during endoscopy procedures without having to rearrange the abdominal wrap or insert on the user allowing targeted support of the sigmoid colon and transverse colon at the same time during wear (Rindfleish, Paragraphs 3 and 24-25).
Claims 4-5 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Hathorn (U.S. Patent Pub. No. 20150105699) in view of Emslander et al. (U.S. Patent Pub. No. 20190328580), as applied to claims 1 and 11, respectively, and in further view of Lee et al. (U.S. Patent Pub. No. 20110015708).
Regarding claim 4, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour (Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) of the main body 1102 includes a tapered shape ([Hathorn, Paragraph 49 and Figure 11]: tapered shape of football insert 1102 from central portion of insert towards left end of insert facing towards the descending colon) having a first end (Hathorn, [Paragraph 49 and Figure 11]: right first end of superior/inferior sides facing towards the ascending colon or right hip) for a first placement toward a right hip of the patient and a second end (Hathorn, [Paragraph 49 and Figure 11]: left second end of superior/inferior sides facing towards descending colon or left hip) for a second placement toward a left hip of the patient
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the at least one contour of the main body includes the tapered shape having a first end for a first placement toward a right hip of the patient and a second end for a second placement toward a left hip of the patient, wherein the first end is larger than the second end, and the main body tapers toward the second end.
Lee teaches an analogous apparatus ([Paragraphs 55-59 and Figure 2A]: belt wrap 120 with padding/insert/support 360 that is contoured at inferior and superior facing sides with a larger first end at a right side that tapers towards a smaller second end at a left side) wherein the at least one analogous contour ([Paragraphs 55-59 and Figure 2A]: belt wrap 120 with padding/insert/support 360 that is contoured at inferior and superior facing sides) of the analogous main body 360 includes the analogous tapered shape (see annotated Figure 2A of Lee below) having an analogous first end (see annotated Figure 2A of Lee below) for a first placement toward a right hip of the patient and an analogous second end (see annotated Figure 2A of Lee below) for a second placement toward a left hip of the patient, wherein the analogous first end (see annotated Figure 2A of Lee below) is larger than the analogous second end (see annotated Figure 2A of Lee below), and the analogous main body 360 tapers toward the second end (see annotated Figure 2A of Lee below).
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the tapering shape and the corresponding sizing of the first end towards a right hip and second end towards a left hip of Hathorn in view of Emslander, so that the at least one contour of the main body includes a tapered shape having a first end for a first placement toward a right hip of the patient and a second end for a second placement toward a left hip of the patient, wherein the first end is larger than the second end, and the main body tapers toward the second end, as taught by Lee, in order to provide an improved apparatus with an enhanced first and second end that are sized differently from one another for desirable force application with greater support size on a right side of the apparatus for conforming to user’s body areas (Lee, Paragraphs 55-59).
Regarding claim 5, the combination of Hathorn in view of Emslander in view of Lee discloses the invention as described above. Hathorn further discloses wherein the curved surface ([Paragraph 49 and Figure 11]: curved surface of horizontally oriented insert 1102 is defined as the skin-facing side which is curved in a tapered football shape, for help guiding movement during endoscopy) of the main body 1102 has a curved shape ([Paragraph 49 and Figure 11]: curved surface of horizontally oriented insert 1102 is defined as the skin-facing side which is curved in a tapered football shape, for help guiding movement during endoscopy) at a side ([Paragraph 49 and Figure 11]: skin-facing side) to be placed toward the abdomen of the patient, and wherein the main body 1102 further comprises a convex portion (Hathorn, [Paragraph 49 and Figure 11]: convex portion of horizontally oriented insert 1102 is defined as the opposite or non-skin facing side which is curved in a tapered football shape) at a second side (([Paragraph 49 and Figure 11]: opposite or non-skin-facing side) of the main body 1102 to be placed away from the abdomen of the patient.
Regarding claim 17, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour (Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) of the main body 1102 includes a tapered shape (Hathorn, [Paragraph 49 and Figure 11]: tapered shape of football insert 1102 from central portion of insert towards left end of insert facing towards the descending colon) having a first end ([Paragraph 49 and Figure 11]: right first end of superior/inferior sides facing towards the ascending colon or right hip) for a first placement toward a right hip of the patient and a second end (Hathorn, [Paragraph 49 and Figure 11]: left second end of superior/inferior sides facing towards descending colon or left hip) for a second placement toward a left hip of the patient
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the at least one contour of the main body includes the tapered shape having a first end for a first placement toward a right hip of the patient and a second end for a second placement toward a left hip of the patient, wherein the first end is larger than the second end, and the main body tapers toward the second end.
Lee teaches an analogous apparatus ([Paragraphs 55-59 and Figure 2A]: belt wrap 120 with padding/insert/support 360 that is contoured at inferior and superior facing sides with a larger first end at a right side that tapers towards a smaller second end at a left side) wherein the at least one analogous contour ([Paragraphs 55-59 and Figure 2A]: belt wrap 120 with padding/insert/support 360 that is contoured at inferior and superior facing sides) of the analogous main body 360 includes the analogous tapered shape (see annotated Figure 2A of Lee below) having an analogous first end (see annotated Figure 2A of Lee below) for a first placement toward a right hip of the patient and an analogous second end (see annotated Figure 2A of Lee below) for a second placement toward a left hip of the patient, wherein the analogous first end (see annotated Figure 2A of Lee below) is larger than the analogous second end (see annotated Figure 2A of Lee below), and the analogous main body 360 tapers toward the second end (see annotated Figure 2A of Lee below).
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It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the tapering shape and the corresponding sizing of the first end towards a right hip and second end towards a left hip of Hathorn in view of Emslander, so that the at least one contour of the main body includes a tapered shape having a first end for a first placement toward a right hip of the patient and a second end for a second placement toward a left hip of the patient, wherein the first end is larger than the second end, and the main body tapers toward the second end, as taught by Lee, in order to provide an improved apparatus with an enhanced first and second end that are sized differently from one another for desirable force application with greater support size on a right side of the apparatus for conforming to user’s body areas (Lee, Paragraphs 55-59).
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hathorn (U.S. Patent Pub. No. 20150105699) in view of Emslander et al. (U.S. Patent Pub. No. 20190328580), as applied to claims 8 and 18, respectively, and in further view of Rindfleish (U.S. Patent Pub. No. 20020108617) and Carrington (U.S. Patent No. 6009565).
Regarding claim 9, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one (Emslander, Paragraphs 43, 48, and Figure 8A) contour(Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: a first concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn, Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) at a first side ([Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102, wherein the first concave contouring is configured to extend along a sigmoid colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the sigmoid colon region; and a second concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathorn, Paragraph 49 and Figure 11, second contoured surface of horizontally oriented insert 1102 on superior facing surfaces that is contoured in a tapered football shape) at a second side ([Paragraph 49 and Figure 11]: superior facing side) of the main body 1102.
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the shaped inner core includes: a first contouring along a first side, wherein the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region; and a second contouring along a second side, wherein the second contouring is shaped to guide the movement of the endoscope through a transverse colon region.
Rindfleish teaches an analogous apparatus ([Abstract, Paragraphs 3, 24-25 and Figure 1]: abdominal wrap 10 with apparatus/insert 12,13 for support at the sigmoid and transverse colon during endoscopy that is sized to extend along transverse colon at the subcostal plane, which is an atomical location of the transverse colon) with an analogous second side ([Paragraphs 24-25 and Figure 1]: superior facing side of inserts 12,13) of the analogous main body 12,13 is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a height of the apparatus between the first side and the second concave contouring at the second side of Hathorn in view of Emslander, such that the second side of the main body is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region, as taught by Rindfleish, in order to provide an improved apparatus with an enhanced second side that is sized and positioned at the transverse colon for desirable compression and support thereat during endoscopy procedures without having to rearrange the abdominal wrap or apparatus on the user allowing targeted support of the sigmoid colon and transverse colon at the same time during wear (Rindfleish, Paragraphs 3 and 24-25).
However, the combination of Hathorn in view of Emslander in view of Rindfleish also fails to explicitly disclose wherein the shaped inner core includes: a first contouring along a first side, wherein the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region; and a second contouring along a second side, wherein the second contouring is shaped to guide the movement of the endoscope through a transverse colon region.
Carrington teaches an analogous apparatus ([Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: apparatus/insert/padding/support 50 of garment wrap 10 with core layer 54 having matching contours and curves 24 as the surrounding main body 52) wherein the analogous shaped inner core 54 includes: a first contouring 24 (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: contoured 24 inferior facing side of a horizontally aligned pad 50) along a first side (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: inferior facing side); and a second contouring 24 (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: contoured 24 superior facing side of a horizontally aligned pad 50) along a second side (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: superior facing side).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first side of the inner core corresponding to the first side of the apparatus against the sigmoid colon as well as the second side of the inner core corresponding to the second side of the apparatus against the transverse colon of Hathorn in view of Emslander in view of Rindfleish, so that the shaped inner core includes: a first contouring along a first side; and a second contouring along a second side, as taught by Carrington, such that the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region and the second contouring is shaped to guide the movement of the endoscope through a transverse colon region in the combination of Hathorn in view of Rindfleish in view of Carrington as a whole, in order to provide an improved apparatus with an enhanced inner core within the apparatus that has a matching exterior surface to the exterior surface of the apparatus for desirably conforming to body regions and providing desirable support to the target area (Carrington, Col. 2, lines 55-67, Col 3, lines 57-67, and Col. 4, lines 32-39).
Regarding claim 9, the combination of Hathorn in view of Emslander discloses the invention as described above and further discloses wherein the at least one concave (Emslander, Paragraphs 43, 48, and Figure 8A) contour(Hathorn, [Paragraph 49 and Figure 11]: contoured surface of horizontally oriented insert 1102 is defined as the inferior and superior facing surfaces that are contoured in a tapered football shape, for help guiding movement during endoscopy) includes: a first concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Paragraph 49 and Figure 11, first contoured surface of horizontally oriented insert 1102 on inferior facing surfaces that is contoured in a tapered football shape, for help guiding movement during endoscopy at the sigmoid colon) at a first side (Hathorn, [Paragraph 49 and Figure 11]: inferior facing side) of the main body 1102, wherein the first concave contouring is configured to extend along a sigmoid colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the sigmoid colon region; and a second concave (Emslander, Paragraphs 43, 48, and Figure 8A) contouring (Hathonr, Paragraph 49 and Figure 11, second contoured surface of horizontally oriented insert 1102 on superior facing surfaces that is contoured in a tapered football shape) at a second side ([Paragraph 49 and Figure 11]: superior facing side) of the main body 1102.
However, the combination of Hathorn in view of Emslander fails to explicitly disclose wherein the shaped inner core includes: a first contouring along a first side, wherein the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region; and a second contouring along a second side, wherein the second contouring is shaped to guide the movement of the endoscope through a transverse colon region.
Rindfleish teaches an analogous apparatus ([Abstract, Paragraphs 3, 24-25 and Figure 1]: abdominal wrap 10 with apparatus/insert 12,13 for support at the sigmoid and transverse colon during endoscopy that is sized to extend along transverse colon at the subcostal plane, which is an atomical location of the transverse colon) with an analogous second side ([Paragraphs 24-25 and Figure 1]: superior facing side of inserts 12,13) of the analogous main body 12,13 is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify a height of the apparatus between the first side and the second concave contouring at the second side of Hathorn in view of Emslander, such that the second side of the main body is configured to extend along a transverse colon region when placed at the abdomen of the patient and is shaped to guide the movement of the endoscope through the transverse colon region, as taught by Rindfleish, in order to provide an improved insert with an enhanced second side that is sized and positioned at the transverse colon for desirable compression and support thereat during endoscopy procedures without having to rearrange the abdominal wrap or insert on the user allowing targeted support of the sigmoid colon and transverse colon at the same time during wear (Rindfleish, Paragraphs 3 and 24-25).
However, the combination of Hathorn in view of Emslander in view of Rindfleish also fails to explicitly disclose wherein the shaped inner core includes: a first contouring along a first side, wherein the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region; and a second contouring along a second side, wherein the second contouring is shaped to guide the movement of the endoscope through a transverse colon region.
Carrington teaches an analogous insert ([Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: apparatus/insert/padding/support 50 of garment wrap 10 with core layer 54 having matching contours and curves 24 as the surrounding main body 52) wherein the analogous shaped inner core 54 includes: a first contouring 24 (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: contoured 24 inferior facing side of a horizontally aligned pad 50) along a first side (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: inferior facing side); and a second contouring 24 (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: contoured 24 superior facing side of a horizontally aligned pad 50) along a second side (Col. 2, lines 55-67, Col 3, lines 57-67, Col. 4, lines 32-39 and Figures 1 and 4]: superior facing side).
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the first side of the inner core corresponding to the first side of the apparatus against the sigmoid colon as well as the second side of the inner core corresponding to the second side of the apparatus against the transverse colon of Hathorn in view of Emslander in view of Rindfleish, so that the shaped inner core includes: a first contouring along a first side; and a second contouring along a second side, as taught by Carrington, such that the first contouring is shaped to guide the movement of the endoscope through a sigmoid colon region and the second contouring is shaped to guide the movement of the endoscope through a transverse colon region in the combination of Hathorn in view of Rindfleish in view of Carrington as a whole, in order to provide an improved insert with an enhanced inner core within the apparatus that has a matching exterior surface to the exterior surface of the apparatus for desirably conforming to body regions and providing desirable support to the target area (Carrington, Col. 2, lines 55-67, Col 3, lines 57-67, and Col. 4, lines 32-39).
10. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Hathorn (U.S. Patent Pub. No. 20150105699) n view of Emslander et al. (U.S. Patent Pub. No. 20190328580), as applied to claim 11, in view of Jiang et al. (CN 111467107 A).
Regarding claim 14, the combination of Hathorn in view of Emslander discloses the invention as described above but fails to explicitly disclose placing a pressure sensor between the abdomen of the patient and the elastic compression wrap.
Jiang teaches an analogous compression wrap 1 ([Page 6/29, Paragraphs 9-10, Page 7/29, Paragraph 4, and Page 10/29, Paragraph 6, and Figure 1, abdominal wrap 1 with pressure sensors 21 between skin and wrap 1) with placing a pressure sensor 21 between the abdomen of the patient and the analogous compression wrap 1.
It would have been obvious for a person having ordinary level of skill in the art before the effective filing date of the claimed invention to modify the elastic compression wrap of Hathorn in view of Emslander, so that a pressure sensor is placed between the abdomen of the patient and the elastic compression wrap, as taught by Jiang, in order to provide an improved insert applying method with an enhanced compression wrap that senses pressure of the wrap tightened against the user’s abdomen with attachment, detection, and accurate measurement of pressures at the user’s skin for desirable controlled adjustment (Jiang, Page 10/29, Paragraph 6).
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.
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael Milo whose telephone number is (571)272-6476. The examiner can normally be reached on Mon-Fri 7:00-5:00.
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/MICHAEL MILO/
Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786
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