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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the internal and external supramalleolar areas of the main body of the sock describe in claim 13 and plurality of wavy longitudinal reliefs described in claims 22-23 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: VELCRO ® in the specification is objected to because (1) the term is not in all capital letter and (2) is not followed the generic terminology. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: the limitation, “…a main body made of an elastic and compressive fabric with a thickness between 4 mm and 12 mm in which a leg, a plantar surface, and a toe to accommodate toes are defined…” should read, a main body made of an elastic and compressive fabric with a thickness between 4 mm and 12 mm in which a leg, a plantar surface, and a toe is configured to accommodate toes are defined. Appropriate correction is required.
Claim 1 is objected to because of the following informalities: the term “its” in line 14 of the claim should recite the specific structure that clearly set forth the metes and bounds of the patent protection desired. Appropriate correction is required.
Claim 24 is objected to because of the following informalities: the limitations, “…wherein the toe is divided into at least two compartments, wherein a first compartment accommodates a big toe and a second compartment accommodates remaining toes” should read “wherein the toe is divided into at least two compartments, wherein a first compartment is configured to accommodates a big toe and a second compartment is configured to accommodates remaining toes. 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 13-24 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.
As to claim 13, the limitation, “…a first area covering, as a maximum, an external two-thirds of a plantar region of a heel” renders the claim indefinite because the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. “As a maximum” is the greatest possible quantity, amount, or value that is allowed, recorded, or capable of being reached and since the device is not customized it is unclear what would be the standard for determining covering an external two-thirds of a plantar region of a heel. Clarification is required.
As regard to claim 19, Applicant recites “…a second horizontal elastic band…” in line 1 of the claim, however, a first horizontal claim was not previously claimed. Clarification is requested.
Claims 14-18 and 20-24 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 since they depend directly or indirectly on rejected base claim 13 and therefore contain the same deficiencies.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 13-24 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
As to claim 13, the limitation, “a first area covering, as a maximum, an external two-thirds of a plantar region of a heel” in lines 6-7; “a second area covering a metatarsal plantar region, from at least a third to a fifth metatarsal, extending to a sulcus of the toe” in lines 8-9; “a third area disposed between the first area and the second area, covering the plantar region of an external longitudinal arch of a foot” in lines 10-11 positively recites part of the human body.
As to claim 17, the limitation, “…wherein the leg extends to a maximum height of 1 cm below a user's kneecap…” positively recites part of the human body.
As to claim 22, the limitation, “…wherein the plantar surface region of the sock coinciding with an internal arch of the foot…” positively recites part of the human body.
To obviate a rejection under 35 USC 101, the Office suggests that any claim that would include a human being, or part thereof, within its scope should use “configured to” or configured for” to define the metes and bounds of the claimed subject matter which is a permissible form of expression.
Claims 14-16, 18-21 and 23-24 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism since they depend on rejected base claim 13 and therefore, contain the same deficiencies.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OPHELIA ALTHEA HAWTHORNE whose telephone number is (571)270-3860. The examiner can normally be reached M-F 8:00 AM-5:00 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 5712703076. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
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