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
Applicant’s amendments to claims 1-10, 13, and 16-20 filed 04/09/2026 are acknowledged by the examiner.
Claims 1-20 are currently pending and are under examination.
Response to Arguments
Applicant's arguments filed 04/09/2026 have been fully considered but they are not persuasive.
Applicant’s argument: Applicant has amended claim 1. Farrow fails to disclose this newly added limitation of claim 1. In particular, Farrow does not disclose (i) two bands, each of the two bands attached to each of the opposing surfaces of the same connector band, nor (ii) a connector that has two opposing attachment surfaces on opposing sides. Instead, Farrow discloses two adjacent bands, when both are connected to the connector band, do not overlap. Instead, they are either adjacent to each other, or at most abutting each other. Farrow’s attachment mechanism lacks two opposing attachment surfaces on opposing sides and, correspondingly, two bands of Farrow are not attached to opposing surfaces of the same connector band.
Examiner’s response: In light of the amendments to the claims, the interpretation of Farrow has been updated, and the Examiner believes Farrow still reads on the amended claims, as Farrow discloses the band connector 810 in Fig. 40 to have sections 810a and 810b, and thus these sections are on two opposing sides of the same band connector, therefore, the band connector 810 attached the pair of bands 808, 807 together via two opposing attachment surfaces on opposing sides, as the definition of side is “one of two contrasted parts or places within an area, identified by its location with respect to a center, or the part within an object or area to the left or right of the observer or of its vertical axis,” https://www.thefreedictionary.com/sidea, or “a part of something, especially in relation to a real or imagined central line,” https://dictionary.cambridge.org/us/dictionary/english/side. Thus, section 810a is a top surface/side and section 810b is a bottom surface/side as shown in Fig. 40, as the claim does not state that the two opposing attachment surfaces on opposing sides are front and back sides of the band connector such that the band connector is sandwiched in between the two bands. Further, Farrow discloses in paragraph [0167] how the bands may overlap.
Applicant’s arguments, see Pages 9-10, filed 04/09/2026, with respect to Claim 1 have been fully considered and are persuasive. The 35 USC 102 rejection of 01/15/2026 regarding the Carpenter reference has been withdrawn.
Claim Objections
Claims 1, 6-7, and 20 are objected to because of the following informalities:
Regarding claim 1, “the at least one band connector” in line 6 should be recited as “at least one band connector”.
Regarding claim 1, “the bands” in line 9 should be recited as “the two bands”.
Regarding claim 6, “the same band for fastening the band” in line 4 should be recited as “a same band for fastening the respective band”.
Regarding claim 7, “the outside of the same band for fastening the band” in lines 4 should be recited as “a same band for fastening the respective band”.
Regarding claim 20, “a body part of a person” in line 2 should be recited as “the body part of the person”.
Regarding claim 20, “a lengthwise direction” in lines 4-5 should be recited as “the lengthwise direction”.
Regarding claim 20, “two bands” in line 7 should be recited as “the two bands”.
Regarding claim 20, “the bands” in line 9 should be recited as “the two bands”.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 3, 6-9, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Farrow et al. (referred to as “Farrow”) (US 2010/0056973 A1).
Regarding claim 1, Farrow discloses a compression garment assembly set (802,810,807,808,812) for a compression garment (801) wrapping around a body part of a person to apply compression to the body part (see Fig. 40 and [0002]; elements 802,810,807,808, and 812 form a compression garment assembly set for legpiece 801 which is a compression garment for wrapping around a body part of a person to apply compression to the body part), comprising:
a plurality of bands (802) for wrapping around the body part consecutively in a lengthwise direction of the body part (see Fig. 40; the plurality of bands 802 are wrapped around the body part consecutively in a lengthwise direction of the body part as the plurality of bands 802 are configured in a lengthwise direction one band 802 after the other), and
for at least one pair of bands (808, 807) of the plurality of bands (802), at least one band connector (810) releasably connects respective surfaces of the two bands of each of the at least one pair of bands (808, 807) (see Fig. 40 and [0162]; band 808 has attachment mechanism 810 to attach to the lower band, band 807, and thus attachment mechanism 810 is a band connector which may be a selectively detachable mechanism and thus releasably connects respective surfaces of the bands 808, 807, also see [0167]),
wherein the at least one band connector (810) is configured to be placed between the bands of each pair of the at least one pair of bands (808, 807) to be attached together (see Fig. 40 and [0162], [0167]; attachment mechanism 810 is at least one band connector as it is configured to be placed between the bands 808,807 to be attached together, see [0167] which discusses how the attachment mechanism 810 is between each band and may overlap) and has two opposing attachment surfaces (810a, 810b) on opposing sides, each of the two opposing attachment surfaces (810a,810b) attached to a different band in the at least one pair of bands (808,807) (see Fig. 40 and [0162], [0167]; the attachment mechanism 810 has sections 810a and 810b which are two opposite attachment surfaces on opposing sides, as the definition of side is “one of two contrasted parts or places within an area, identified by its location with respect to a center, or the part within an object or area to the left or right of the observer or of its vertical axis,” https://www.thefreedictionary.com/sidea, or “a part of something, especially in relation to a real or imagined central line,” https://dictionary.cambridge.org/us/dictionary/english/side, and thus the sections 810a, 810b are opposing top and bottom sides that each attach to a different band of the bands 808, 807, as seen in Fig. 40 where band 808 is attached to section 810a and band 807 is attached to section 810b).
Regarding claim 3, Farrow discloses the invention as discussed in claim 1. Farrow further discloses wherein the at least one band connector (810) is releasably attachable to each band (802) (see Fig. 40 and [0162] and [0167]; the attachment mechanism 810 may be attached between each band as discussed in [0167], and the attachment mechanism 810 may be a selectively detachable mechanism as discussed in [0162], and thus the attachment mechanism 810 is releasably attachable to each band 802).
Regarding claim 6, Farrow discloses the invention as discussed in claim 1. Farrow further discloses wherein the plurality of bands (802) are trimmable (see Fig. 40 and [0161] which discusses how the plurality of bands 802 have markings which show where to trim the bands, and thus the bands are trimmable) and comprise at least one fastener element (812) attachable to one end of a respective band of the plurality of bands (802) (see Fig. 40 and [0614]; attachment mechanism 812 is a fastener element that is used to connect or attach the ends of the plurality of bands 802, and are attached to an end of a respective band of the plurality of bands 802 as seen in Fig. 40) and comprises a fastening section (812a) to releasably attach along an outside of the same band for fastening the band around the body part (see Fig. 40 and [0164]-[0165]; the attachment element 812 has a fastening section 812a to releasably attach along an outside of the same band for fastening the band around the body part).
Regarding claim 7, Farrow discloses the invention as discussed in claim 1. Farrow further discloses wherein the plurality of bands (802) comprise at least one fastener element (812) attachable to one end of a respective band of the plurality of bands (802) and a fastening section (812a) to releasably attach along an outside of the same band for fastening the band around the body part (see Fig. 40 and [0164]-[0165]; the plurality of bands 802 comprises the attachment element 812 which is a fastener element attachable to one of a respective band of the plurality of bands 802 and has a fastening section 812a to releasably attach along the outside of the same band for fastening the band around the body part, as the attachment element 812 is used to connect the ends of band 802 on an outside of the band and uses section 812a to don and doff the garment).
Regarding claim 8, Farrow discloses the invention as discussed in claim 1. Farrow further discloses wherein the plurality of bands (802) are trimmable (see Fig. 40 and [0161] which discusses how the plurality of bands 802 have markings which show where to trim the bands, and thus the bands are trimmable).
Regarding claim 9, Farrow discloses the invention as discussed in claim 6. Farrow further discloses wherein the fastener element (812) comprises two sections (812a, 812b) each releasably connectable to the respective band (802) (see Fig. 40 and [0164]-[0165]; the attachment mechanism 812 comprises section 812a, 812b which are each releasably connectable to band 802, as they are Velcro like attachments), and wherein a first section (812b) to be attached to the one end is configured to provide stronger fixation to the respective band than a second section (812a) (see Fig. 40 and [0165]; section 812b is attached to an end of the band is configured to provide stronger fixation to the respective band than section 812a, as section 812b is made of a more industrial strength Velcro like attachment).
Regarding claim 19, Farrow discloses the invention as discussed in claim 1. Farrow further discloses the compression garment (801) assembled from the compression garment assembly set (802,810,807,808,812) of claim 1 (see claim 1, the legpiece 801 is assembled from the compression garment assembly set 802,810,807,808,812 of claim 1, see Fig. 40).
Regarding claim 20, Farrow discloses the invention as discussed in claim 1. Farrow further discloses a method for assembling the compression garment (801) wrapping around a body part of a person to apply compression to the body part (see Fig. 40 and [0002]; legpiece 801 is a compression garment that wraps around a body part of a person to apply compression to the body part), comprising:
providing the compression garment assembly set of claim 1 (see claim 1 above, legpiece 801 is provided);
wrapping the plurality of bands (802) around the body part consecutively in a lengthwise direction of the body (see Fig. 40; the plurality of bands 802 are wrapped around the body part consecutively in a lengthwise direction of the body part as the plurality of bands 802 are configured in a lengthwise direction one band 802 after the other), and
for the at least one pair of bands (808, 807), connecting the respective surfaces of two bands of each of the at least one pair of bands (808,807) using the at least one band connector (810) (see Fig. 40 and [0162], and [0167]; band 808 has attachment mechanism 810 to connect respective surfaces of band 808 to band 807 via attachment mechanism 810),
wherein the at least one band connector (810) is configured to be placed between the bands of each pair of the at least one pair of bands (808, 807) to be attached together (see Fig. 40 and [0162], [0167]; attachment mechanism 810 is at least one band connector as it is configured to be placed between the bands 808,807 to be attached together, see [0167] which discusses how the attachment mechanism 810 is between each band and may overlap) and has two opposing attachment surfaces (810a, 810b) on opposing sides, each of the two opposing attachment surfaces (810a,810b) attached to a different band of the two bands of each of the at least one pair of bands (808,807) (see Fig. 40 and [0162], [0167]; the attachment mechanism 810 has sections 810a and 810b which are two opposite attachment surfaces on opposing sides, as the definition of side is “one of two contrasted parts or places within an area, identified by its location with respect to a center, or the part within an object or area to the left or right of the observer or of its vertical axis,” https://www.thefreedictionary.com/sidea, or “a part of something, especially in relation to a real or imagined central line,” https://dictionary.cambridge.org/us/dictionary/english/side, and thus the sections 810a, 810b are opposing top and bottom sides that each attach to a different band of the bands 808, 807, as seen in Fig. 40 where band 808 is attached to section 810a and band 807 is attached to section 810b).
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Carpenter et al. (referred to as “Carpenter”) (US 6,338,723 B1).
Regarding claim 2, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on wherein the at least one band connector comprises a loop or a hook material to releasably attach to a corresponding hook or loop material of the plurality of bands.
However, Carpenter teaches an analogous plurality of bands (2) and an analogous at least one band connector (5) (see Figs. 3-4; bands 2 are an analogous plurality of bands that wrap around a body part, and anchor 5 is an analogous connector as anchor 5 connects the plurality of bands 2 together), wherein the at least one band connector (5) comprises a loop or a hook material to releasably attach to a corresponding hook or loop material of the plurality of bands (2) (see Fig. 4 and Col. 9 lines 57- and Col. 9 lines 51-54; the anchor 5 is made of hook material to releasably attach to a corresponding loop material of the bands 2), providing an easy attachment mechanism that is selectively detachable such that a user is able to easily adjust the device as desired.
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 band connector (810) and the plurality of bands (802) in the device of Farrow to comprise a loop or hook material and a corresponding hook or loop material, respectively, to releasably attach as taught by Richardson, as Farrow explicitly discloses that the band connector (810) may be of any method known in the art and can be selectively detachable (see [0162] of Farrow), to have provided an improved compression garment assembly set that provides an easy attachment mechanism that is selectively detachable such that a user is able to easily adjust the device as desired.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow.
Regarding claim 4, Farrow discloses the invention as discussed in claim 3.
Farrow is silent on wherein a first side is configured to provide stronger fixation to the respective band than a second side.
However, Farrow teaches an analogous at least one band connector (707) in another embodiment (see Fig. 39) with analogous two opposing attachment surfaces on opposing sides (attachment mechanism 707 is interpreted as a band connector as attachment mechanism 707 is attached to the end of a band to connect together, see [0158], and attachment mechanism 707 has two opposing attachment surfaces on opposing sides as seen in Fig. 39 as attachment mechanism 707a is one side and attachment mechanism 707b is a second side, as the definition of side is “one of two contrasted parts or places within an area, identified by its location with respect to a center, or the part within an object or area to the left or right of the observer or of its vertical axis,” https://www.thefreedictionary.com/sidea, or “a part of something, especially in relation to a real or imagined central line,” https://dictionary.cambridge.org/us/dictionary/english/side), and wherein a first side (707a) of the two opposing attachment surfaces is configured to provide stronger fixation to a respective band (702) than a second side (707b) (see Figs. 38-39 and [0158] and [0159]; the attachment mechanism 707 comprises two opposing attachment surfaces 707a and 707b as shown in Fig. 39, and each of the attachment mechanism 707a,707b are releasably connectable to footpiece 702, which is an analogous band, as seen in Fig. 38, as the garment is said to be made of loop material and both sides of the attachment mechanism 707 are made of hook material, and the first side 707a is made of an industrial strength Velcro material, and thus provides a stronger fixation to the footpiece 702 than the second side 707b as the second side 707b is designed to be easier to remove than 707a), providing a simpler and more reliable solution for a person to don and doff the compression garment (see [0158]).
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 opposing attachment surfaces on opposing sides (810a, 810b) of the at least one band connector (810) in the device of Farrow such that a first side (707a) is configured to provide stronger fixation to the respective band than a second side (707b) as taught by another embodiment of Farrow to have provided an improved compression garment assembly set that provides a simpler and more reliable solution for a person to don and doff the compression garment (see [0158]).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Shaw (US 4,215,687).
Regarding claim 5, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on at least one securing strip for applying over an edge on an outside of the at least one pair of bands attached to each other by the at least one band connector.
However, Shaw teaches an analogous pair of bands (see Fig. 2; band 10 has been cut to remove a center span and thus forming a pair of bands, Col. 4 lines 20-22), and at least one securing strip (17) for applying over an edge on an outside of the at least one pair of bands attached to each other by the at least one band connector (15) (see Fig. 2 and Col. 4 lines 18-31; splicing element 17 is at least one securing strip as splicing element 17 is placed over edges of the pair of bands 10 on the outside, as nap surface 13 is on the outer surface, of the pair of bands 10, as band 10 has been cut into two pieces and are attached to each other by band anchoring tape 15, which is an analogous band connector as it releasably connects bands 10 together), providing the plurality of bands to be more secure in their configuration when worn.
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 provided an outside edge of the at least one pair of bands of the plurality of bands in the device of Farrow with at least one securing strip (17) as taught by Shaw to have provided an improved compression garment assembly set that provides the plurality of bands to be more secure in their configuration when worn.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Lipshaw et al. (referred to as “Lipshaw ‘267”) (US 2016/0030267 A1).
Regarding claim 10, Farrow discloses the invention as discussed in claim 6.
Farrow is silent on at least one intermediary element for each fastener element, the intermediary element comprising a first attachment section to releasably attach the intermediary element to the end of the respective band and a second attachment section to releasably attach the fastener element to the intermediary element, wherein the releasable attachment of the first and second attachment sections of the intermediary element is stronger than the releasable attachment of the fastener element to the band.
However, Lipshaw ‘267 teaches an analogous fastener element (40) (see Fig. 13 and [0074] which discusses how the bands 40 have hook and loop fasteners at the ends and thus are fastener elements), and at least one intermediary element (45) for each fastener element (40) (see Fig. 13 and [0074]; reinforcement tabs 45 are intermediary elements as they are in between body portion 20 and bands 40, there is at least one reinforcement tab 45 for each of the tabs 40 as seen in Fig. 13), the intermediary element (45) comprising a first attachment section to releasably attach the intermediary element (45) to the end of the respective band (20) (see Fig. 13 and [0074]; the reinforcement tab 45 is a hook or loop fastener that comprises a first attachment section which is a section or portion of the reinforcement tab 45 that is attached to an end of body portion 20 which is an analogous band as body portion 20 is a thin piece of material that is configured to wrap around a body part, and thus releasably attaches to the end of body portion 20) and a second attachment section to releasably attach the fastener element (40) to the intermediary element (45) (see Fig. 13 and [0074]; the reinforcement tab 45 is a hook or loop fastener that comprises a second attachment section or portion which is the portion of the reinforcement tab 45 that is attached to bands 40, and thus releasably attaches the bands 40 to the reinforcement tab 45), wherein the releasable attachment of the first and second attachment sections of the intermediary element (45) is stronger than the releasable attachment of the fastener element (40) to the respective band (20) (see Fig. 13 and [0074] which discusses how the reinforcement tabs 45 may be hook or loop fasteners having greater strength than the hook or loop fasteners found at the ends of bands 40, thus the releasable attachment of the attachment sections of the reinforcement tabs 45 is stronger than the releasable attachment of the bands 40), providing reinforcement tabs that are strong such that pulling on the bands to tighten/adjust/remove the garment will not cause the fastener elements from detaching (see [0074]).
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 provided each of the fastener elements (812) in the device of Farrow with an intermediary element (45) comprising a first attachment section to releasably attach the intermediary element to the end of the band an a second attachment section to releasably attach the fastener element to the intermediary element, wherein the releasable attachment of the attachment sections of the intermediary element is stronger than the releasable attachment of the fastener element to the band as taught by Lipshaw ‘267 to have provided an improved compression garment assembly set that provides reinforcement tabs that are strong such that pulling on the bands to tighten/adjust/remove the garment will not cause the fastener elements from detaching (see [0074]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Richardson et al. (referred to as “Richardson”) (US 2015/0025424 A1) further in view of Lipshaw et al. (referred to as “Lipshaw ‘232”) (US 7,329,232 B2).
Regarding claim 11, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on wherein the plurality of bands comprises bands of different width and at least one of the plurality of bands is curved to conform to a geometry of the body part.
However, Richardson teaches an analogous plurality of bands (22, 32) (see Fig. 9), and wherein the plurality of bands (22, 32) comprises bands of different width (see Fig. 9 and [0073] which discusses how the bands 22, 32 may be made of different widths), providing an enhanced anatomical fit for improved comfort and wearability.
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 plurality of bands (802) in the device of Farrow to comprise bands of different widths as taught by Richardson to have provided an improved compression garment assembly set that provides an enhanced anatomical fit for improved comfort and wearability.
Farrow in view of Richardson discloses the invention as discussed above.
Farrow in view of Richardson is silent on at least one of the plurality of bands is curved to conform to a geometry of the body part.
However, Lipshaw ‘232 teaches an analogous plurality of bands (15) (see Fig. 3), and at least one of the plurality of bands (15) is curved to conform to a geometry of the body part (see Fig. 3 and Col. 6 lines 27-34 which discusses how the plurality of bands extend at independent angles, and thus as seen in Fig. 3 there are two bands curved to conform to a geometry of the body part), providing an enhanced anatomical fit for improved comfort and wearability.
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 at least one of the plurality of bands (802 of Farrow) in the device of Farrow in view of Richardson to curve to conform to a geometry of the body part as taught by Lipshaw ‘232 to have provided an improved compression garment assembly set that provides an enhanced anatomical fit for improved comfort and wearability.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Lipshaw ‘232.
Regarding claim 12, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on wherein at least one of the plurality of bands is curved to conform to a geometry of the body part.
However, Lipshaw ‘232 teaches an analogous plurality of bands (15) (see Fig. 3), and at least one of the plurality of bands (15) is curved to conform to a geometry of the body part (see Fig. 3 and Col. 6 lines 27-34 which discusses how the plurality of bands extend at independent angles, and thus as seen in Fig. 3 there are two bands curved to conform to a geometry of the body part), providing an enhanced anatomical fit for improved comfort and wearability.
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 at least one of the plurality of bands 802 in the device of Farrow to curve to conform to a geometry of the body part as taught by Lipshaw ‘232 to have provided an improved compression garment assembly set that provides an enhanced anatomical fit for improved comfort and wearability.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Richardson.
Regarding claim 13, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on wherein the plurality of bands comprises bands of different widths.
However, Richardson teaches an analogous plurality of bands (22, 32) (see Fig. 9), and wherein the plurality of bands (22, 32) comprises bands of different widths (see Fig. 9 and [0073] which discusses how the bands 22, 32 may be made of different widths), providing an enhanced anatomical fit for improved comfort and wearability.
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 plurality of bands (802) in the device of Farrow to comprise bands of different widths as taught by Richardson to have provided an improved compression garment assembly set that provides an enhanced anatomical fit for improved comfort and wearability.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Richardson in view of Lipshaw ‘232 further in view of Horne (US 1,908,669).
Regarding claim 14, Farrow in view of Richardson further in view of Lipshaw ‘232 discloses the invention as discussed in claim 11.
Farrow in view of Richardson further in view of Lipshaw ‘232 is silent on wherein the plurality of bands comprises a neck band for application to a neck area of the person, and a chin band for application to a chin area of the person, wherein the neck band has a larger width than the chin band.
However, Horne teaches an analogous plurality of bands (1, 2), wherein the plurality of bands (1,2) comprises a neck band (2) for application to a neck area of the person (see Figs. 1-2; band 2 is a neck band as it is applied to a neck area of the person, see lines 55-56), and a chin band (1) for application to a chin area of the person (see Figs. 1 and 3; band 1 is a neck band as band 1 is applied to a chin area of the person, see lines 50-52), wherein the neck band (2) has a larger width than the chin band (1) (see Figs. 1-3 and lines 65-71 which discusses how the band 2 is wider than band 1), providing applications to various body parts and providing enough support to the neck and chin areas.
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 plurality of bands (808,807 of Farrow) in the device of Farrow in view of Richardson further in view of Lipshaw ‘232 to comprise a neck band for application to a neck area of the person, and a chin band (1) for application to a chin area of the person, wherein the neck band has a larger width than the chin band as taught by Horne to have provided an improved compression garment assembly set that provides applications to various body parts and provides enough support to the neck and chin areas.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Richardson in view of Lipshaw ‘232 in view of Horne further in view of Lipshaw (referred to as “Lipshaw ‘563”) (US 2010/0004563 A1).
Regarding claim 15, Farrow in view of Richardson in view of Lipshaw ‘232 further in view of Horne discloses the invention as discussed in claim 14. Farrow in view of Richardson in view of Lipshaw ‘232 further in view of Horne further discloses wherein the plurality of bands (2 of Carpenter) further comprises a straight band (see Fig. 40 of Farrow; bands 802 of Farrow is a straight band as the band extends continuously in the same direction without curving).
Farrow in view of Richardson in view of Lipshaw ‘232 further in view of Horne is silent on the straight band having a width in between the widths of the neck band and the chin band.
However, Lipshaw ‘563 teaches an analogous straight band (22D) (see Fig. 4; band 22C is an analogous straight band as it extends continuously in the same direction without curving), and the straight band (22C) having a width in between the widths of a band (22G) and of another band (22A) (see Fig. 4 and [0036] which discusses how the different bands are designed to have different widths, and thus band 22G is wider than band 22A, and band 22D has a width that is in between band 22G and 22A), providing bands with different widths such that the bands results in different compressions being applied to a patient such that the desired compression profile is applied (see [0022]).
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 width of the straight band (802 of Farrow) in the device of Farorw in view of Richardson in view of Lipshaw ‘232 further in view of Horne to have a width in between the widths of the neck band and the chin band as taught by Lipshaw ‘563 to have provided an improved compression garment assembly set that provides bands with different widths such that the bands results in different compressions being applied to a patient such that the desired compression profile is applied (see [0022]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Carpenter.
Regarding claim 16, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on at least one compression pad configured to apply compression to the body part, wherein the plurality of bands are configured to fixate the at least one compression pad against the body part.
However, Carpenter teaches analogous plurality of bands (27), at least one compression pad (29) configured to apply compression to the body part (see Fig. 12 and Col. 14 lines 63-66 which discusses how padding 29 distributes compression from the sub-bands 27 and thus padding 29 applies compression to the body part), wherein the plurality of bands (27) are configured to fixate the compression pad (29) against the body part (see Fig. 12 and Col. 14 lines 47-50 and Col. 14 lines 59-66; the sub-bands 27 are a plurality of bands as there is more than one shown in Fig. 12 and these sub-bands 27 are configured to fixate the padding 29 against the body part as padding 29 is placed inside of sleeve 24 and the sub-bands 27 can be adjusted to obtain the desired compression, and thus holding the sleeve 24 together to fixate the padding 29 against the body part), providing to provide protection to the limb while also equally distributing compression from the bands (see Col. 14 lines 63-66).
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 provided the inside of the plurality of bands (802) in the device of Farrow with at least one compression pad (29) configured to apply compression to the body part, and such that the plurality of bands are configured to fixate the compression pad against the body part as taught by Carpenter to have provided an improved compression garment assembly that provides protection to the limb while also equally distributing compression from the bands (see Col. 14 lines 63-66).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Carpenter further in view of Hoffman (US 2007/0282232 A1).
Regarding claim 17, Farrow in view of Carpenter discloses the invention as discussed in claim 16. Farrow in view of Carpenter further discloses wherein the at least one compression pad (29 of Carpenter) is trimmable (the specification and the claim does not recite any structure or property that states how the compression pad is trimmable, and further, padding 29 of Carpenter may be made out of foam, Col. 14 lines 63 of Carpenter, and is capable of being trimmed).
Farrow in view of Carpenter is silent on the at least one compression pad and the at least one band connector are configured to also attach one band to the at least one compression pad.
However, Hoffman teaches an analogous at least one compression pad (811), and an analogous band (812), the at least one compression pad (811) and an analogous at least one connector (H) are configured to also attach one band (812) to the compression pad (811) (see Fig. 11 and [0074]; pad 811 has a loop portion L on its outer surface, and a hook portion H is an analogous connector as it is also made out of a Velcro material and is configured to connect elements to straps 812, and thus the loop portion L and hook portion H mate together and are configured to attach the strap 812 to the pad 811), providing an easy attachment mechanism for the compression pad to easily attach/detach when necessary.
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 an outer surface of the at least one compression pad (29 of Carpenter) and the at least one band connector (810 of Farrow) in the device of Farrow in view of Carpenter to each have a Velcro attachment section, such that the at least one compression pad and the at least one band connector are configured to also attach one band to the at least one compression pad as taught by Hoffman to have provided an improved compression garment assembly set that provides an easy attachment mechanism for the compression pad to easily attach/detach when necessary. Therefore, the combination of Farrow in view of Carpenter further in view of Hoffman results in the at least one compression pad (29 of Carpenter) and the at least one band connector (810 of Farrow) are configured to also attach one band (802 of Farrow) to the at least one compression pad (29 of Carpenter) (as previously modified above, the compression pad 29 of Carpenter has been modified to include a Velcro outer surface, and thus is configured to mate with the attachment mechanism 810 of Farrow, as the attachment mechanism 810 of Farrow has been modified to include Velcro, as attachment mechanism 810 of Farrow is already described as semi-permanent or selectively detachable in [0162] of Farrow, and thus attaches one band 802 of Farrow to the compression pad 29 of Carpenter via the attachment mechanism 810 of Farrow).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Farrow in view of Carpenter further in view of Farrow.
Regarding claim 18, Farrow in view of Carpenter discloses the invention as discussed in claim 16. Farrow in view of Carpenter further discloses wherein the at least one compression pad (29 of Carpenter) comprises an inner surface configured to be applied toward the body part (see Fig. 12 of Carpenter; the padding 29 has an inner surface which is to be applied toward the body part).
Farrow in view of Carpenter is silent on the inner surface [of the at least one compression pad] being textured.
However, Farrow teaches an analogous at least one compression pad (see Fig. 32), and the inner surface is textured (see Fig. 32 and [0130]; Fig. 32 shows an embodiment of a liner padding, and this liner padding is made with taller areas of compression 63 on an inner surface, as the taller areas of compression 63 are placed in contact with the patient’s skin, and thus forms a textured surface), providing to facilitate the breaking up of fibrotic areas of tissue and help soften the tissue over time (see [0130]).
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 inner surface of the at least one compression pad (29 of Carpenter) in the device of Farrow in view of Carpenter to have a textured surface as taught by Farrow to have provided an improved compression garment assembly set that provides to facilitate the breaking up of fibrotic areas of tissue and help soften the tissue over time (see [0130]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBIN HAN whose telephone number is (408)918-7579. The examiner can normally be reached Monday - Thursday, 9-5 PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alireza Nia can be reached at (571)270-3076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ROBIN HAN/Examiner, Art Unit 3786
/RACHAEL E BREDEFELD/Supervisory Patent Examiner, Art Unit 3786
Prosecution Insights