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
Claims 1-10 and 16-20 are objected to because of the following informalities:
Regarding claim 1, “wrapping around a body part” in lines 1-2 should be recited as “configured to wrap around a body part”.
Regarding claim 1, “the pair” in line 6 should be recited as “the at least one pair of bands.”
Regarding claim 2, “the band connector” in line 1 should be recited as “the at least one band connector”.
Regarding claim 2, “the bands” in line 2 should be recited as “the plurality of bands”.
Regarding claim 3, “the band connector” in line 1 should be recited as “the at least one band connector”.
Regarding claim 4, “the band connector” in line 1 should be recited as “the at least one band connector”.
Regarding claim 4, “the pair” in line 2 should be recited as “the at least one pair of bands”.
Regarding claim 4, “the respective band than the other, second side” in line 3 should be recited as “a respective band than a second side”.
Regarding claim 5, “the outside” in line 2 should be recited as “an outside”.
Regarding claim 5, “the band connector” in line 3 should be recited as “the at least one band connector”.
Regarding claim 6, “the outside of the same band for fastening the band” in line 4 should be recited as “an outside of a same band for fastening the respective band”.
Regarding claim 7, “the outside of the same band for fastening the band” in lines 3-4 should be recited as “an outside of a same band for fastening the respective band”.
Regarding claim 8, “plurality of bands” in line 1 should be recited as “the plurality of bands”.
Regarding claim 9, “the band” in line 2 should be recited as “the respective band”.
Regarding claim 9, “the end” in line 3 should be recited as “the one end”.
Regarding claim 9, “the other, second section” in line 4 should be recited as “a second section.”
Regarding claim 10, “the end of the band” in line 3 should be recited as “the one end of the respective band”.
Regarding claim 10, “the attachment sections” in line 5 should be recited as “the first and second attachment sections”.
Regarding claim 10, “the band” in line 6 should be recited as “the respective band.”
Regarding claim 16, “to apply compression to the body part” in line 2 should be recited as “configured to apply compression to the body part”.
Regarding claim 16, “the compression pad” in line 3 should be recited as “the at least one compression pad”.
Regarding claim 17, “the compression pad” in line 1 should be recited as “the at least one compression pad”.
Regarding claim 17, “the compression pad and the band connector” in line 2 should be recited as “the at least one compression pad and the at least one band connector”.
Regarding claim 17, “the compression pad” in line 3 should be recited as “the at least one compression pad.”
Regarding claim 18, “the compression pad” in line 1 should be recited as “the at least one compression pad”.
Regarding claim 18, “to be applied” in line 2 should be recited as “configured to be applied”.
Regarding claim 19, “a compression garment assembly set” in line 1 should be recited as “the compression garment assembly set”.
Regarding claim 20, “a compression garment wrapping around a body part of a person” in lines 1-2 should be recited as “the compression garment wrapping around the body part of the person”.
Regarding claim 20, “a compression garment assembly set” in line 3 should be recited as “the compression garment assembly set”.
Regarding claim 20, “a lengthwise direction” in lines 4-5 should be recited as “the lengthwise direction”.
Regarding claim 20, “for at least one pair of bands” in line 6 should be recited as “for the at least one pair of bands”.
Regarding claim 20, “the pair using at least one band connector” in line 7 should be recited as “the at least one pair of bands using the at least one band connector.”
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 1-20 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.
Claim 1 recites the limitation “the overlapping bands" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-20 are rejected for depending on a previously rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) for releasably connecting abutting surfaces of the overlapping bands of the pair (808, 807) (see Fig. 40 and [0162]; band 808 has attachment mechanism 810 to attach to the upper or lower bands, such as band 807, and thus attachment mechanism 810 is a band connector which may be a selectively detachable mechanism and thus releasably connects abutting surfaces of the bands 808, 807 such that they overlap, also see [0167]).
Regarding claim 3, Farrow discloses the invention as discussed in claim 1. Farrow further discloses wherein the 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 the 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 the 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 the 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 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 end is configured to provide stronger fixation to the respective band than the other, 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 a 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 a 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 a 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 at least one pair of bands (808, 807), connecting the abutting surfaces of the overlapping bands of the pair using at least one band connector (810) (see Fig. 40 and [0162]; band 808 has attachment mechanism 810 to attach to the upper or lower bands, such as band 807, and thus abutting surfaces of the bands 808 and 807 are connected using attachment mechanism 810, also see [0167]).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carpenter et al. (referred to as “Carpenter”) (US 6,338,723 B1).
Regarding claim 1, Carpenter discloses a compression garment assembly set for a compression garment (1a) wrapping around a body part of a person to apply compression to the body part (see Figs. 3-4 and Col. 9 lines 31-37; compression device 1a is a compression garment assembly set that wraps around a body part of a person to apply compression to the body part as shown in Fig. 3), comprising:
a plurality of bands (2) for wrapping around the body part consecutively in a lengthwise direction of the body part (see Figs. 3-4 and Col. 9 lines 31-37; there are a plurality of bands 2 shown in Fig. 4 for wrapping around the body part consecutively in a lengthwise direction of the body part, as seen in Fig. 3), and
for at least one pair of bands of the plurality of bands, at least one band connector (5) for releasably connecting abutting surfaces of the overlapping bands of the pair (see Col. 9 lines 51-54 and Col. 9 lines 57-59; the top two bands 2 form a pair of band, and the next two bands form a pair of bands, and so on, and each of the bands 2 are joined to each other at one of their ends using an anchor 5, and thus each of the pairs of bands the anchor 5 releasably connects abutting surfaces of the pairs of bands that overlap, as seen in Fig. 4, as the anchor 5 is made of hook material and the bands 2 are made of a loop material).
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.
Regarding claim 2, Farrow discloses the invention as discussed in claim 1.
Farrow is silent on wherein the band connector (810) comprises a loop or a hook material to releasably attach to a corresponding hook or loop material of the bands.
However, Carpenter teaches an analogous plurality of bands (2) and an analogous 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 band connector (5) comprises a loop or a hook material to releasably attach to a corresponding hook or loop material of the 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) 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, 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 the band connector comprises two sides, each of the two sides releasably connectable to a band of the pair, wherein a first side is configured to provide stronger fixation to the respective band than the other, second side.
However, Farrow teaches an analogous band connector (707) in another embodiment (see Fig. 39) (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 the band connector (707) comprises two sides (707a, 707b), each of the two sides (707,707b) releasably connectable to a band (702), wherein a first side (707a) is configured to provide stronger fixation to the respective band (702) than the other, second side (see Figs. 38-39 and [0158] and [0159]; the attachment mechanism 707 comprises two sides 707a and 707b as shown in Fig. 39, and each of the sides 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 band connector (810) in the device of Farrow to have two sides, each of the two sides releasably connected to a band of the pair, wherein a first side (707a) is configured to provide stronger fixation to the respective band than the other, 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 the outside of the at least one pair of bands attached to each other by the 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 the outside of the at least one pair of bands attached to each other by the 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 Harris 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 band and 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.
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 inbetween 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 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 attachment sections of the intermediary element (45) is stronger than the releasable attachment of the fastener element (40) to the 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 tight/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 tight/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 width.
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.
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 to apply compression to the body part, wherein the plurality of bands are configured to fixate the compression pad against the body part.
However, Carpenter teaches analogous plurality of bands (27), at least one compression pad (29) 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 (se 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) 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 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 compression pad and the band connector are configured to also attach one band to the compression pad.
However, Hoffman teaches an analogous compression pad (811), and an analogous band (812), the compression pad (811) and an analogous 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.
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 compression pad (29 of Carpenter) and the band connector (810 of Farrow) in the device of Farrow in view of Carpenter to each have a Velcro attachment section, such that the compression pad and the band connector are configured to also attach one band to the 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. Therefore, the combination of Farrow in view of Carpenter further in view of Hoffman results in the compression pad (29 of Carpenter) and the band connector (810 of Farrow) are configured to also attach one band (802 of Farrow) to the 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 compression pad (29 of Carpenter) comprises an inner surface 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 compression pad] being textured.
However, Farrow teaches an analogous 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 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]).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Carpenter in view of Richardson further in view of Lipshaw ‘232.
Regarding claim 11, Carpenter discloses the invention as discussed in claim 1.
Carpenter 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 (2) in the device of Carpenter 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.
Carpenter in view of Richardson discloses the invention as discussed above.
Carpenter 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 (2 of Carpenter) in the device of Carpenter 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) 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, Carpenter in view of Richardson further in view of Lipshaw ‘232 discloses the invention as discussed in claim 11.
Carpenter 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
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 two of the plurality of bands (2 of Carpenter) in the device of Carpenter 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, as Carpenter discloses that the compression device (1a) is intended to be applied or wrapped around a part of a human body, see Col. 9 lines 31-33 of Carpenter, opening it up to be applied to a neck and chin, to have provided an improved compression garment assembly set that 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, Carpenter in view of Richardson in view of Lipshaw ‘232 further in view of Horne discloses the invention as discussed in claim 14. Carpenter 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. 4 of Carpenter; one of the bands 2 of Carpenter is a straight band as the band 2 of Carpenter extends continuously in the same direction without curving).
Carpenter 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 (2 of Carpenter) in the device of Carpenter 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]).
Conclusion
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/ROBIN HAN/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786