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 amendment of 04/21/2026 is acknowledged.
Claims 1-8 and 10-21 are presented.
Claims 1 and 12 are presented in independent form and are amended.
Dependent claim 18 is amended.
Claim 21 is newly presented.
Claims 19-20 remain withdrawn.
The present Office action treats claims 1-8, 10-18, and 21 on the merits.
The present Office action is a final rejection.
Response to Specification Amendment
Applicant’s amendment to the specification of 04/21/2026 is acknowledged.
This amendment is acceptable and is entered.
Response to Arguments
Applicant’s REMARKS of 04/21/2026 (see p. 7-13 of the reply) are fully considered.
Regarding Objections to the Claims: Applicant’s arguments are fully considered and are persuasive. Specifically: upon review of the amendment of 04/21/2026, , Applicant’s remarks (see p. 8 of the reply of 04/21/2026), and the disclosure as filed, the claim objection set forth in the previous Office action is overcome.
Regarding Objections to the Drawings: Applicant’s arguments are fully considered and are persuasive. Specifically: upon review of the amendment of 04/21/2026, , Applicant’s remarks (see p. 8 of the reply of 04/21/2026), and the disclosure as filed, the drawings objection set forth in the previous Office action is overcome.
Regarding Double Patenting Rejections: Applicant’s arguments are fully considered but are moot insofar as the amended claims recite newly amended subject matter such that:
claims 12, 14-15, 17 are no longer claiming the same invention as that of claims 12, 14-15, and 17, respectively of copending Application No. 19/058,336 such that the provisional statutory patenting rejections as applied in the Office action of 01/20/2026 are moot
claims 1-8 and 18 recite newly amended subject matter such that the provisional nonstatutory patenting rejections of claims 1-8 and 18 as applied in the Office action of 01/20/2026 are moot
claim 16 recites newly amended subject matter such that the provisional nonstatutory patenting rejection of claim 16 as applied in the Office action of 01/20/2026 are moot
However, it is noted that the amendment has necessitated new provisional nonstatutory patenting rejections; see Double Patenting below.
Regarding Rejections under 35 U.S.C. §101: Applicant’s arguments are fully considered but are moot insofar as the argued claim is canceled in the reply.
Regarding Rejections under 35 U.S.C. §102(a)(1): Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding Rejections under 35 U.S.C. §103: Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding New Claim 21: Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Regarding Withdrawn Claims: Applicant’s arguments are fully considered. Claims 19-20 remain withdrawn insofar as there is/are no allowable generic or linking claim(s).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-8, 10-11, and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 11, and 21 of copending Application No. 19/058,336 (reference application) in view of [Berner, US 2010/0024101, previously cited].
Regarding claim 1:
Claim 1 of the reference application discloses:
A support member comprising (claim 1 line 1):
a body including a front portion (claim 1 line 2); and
a pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion, each sleeve of the pair of sleeves including (claim 1 lines 1-5) a surface (i.e. the “outer surface” of claim 1 line 5 defined by the “layer” of claim 1 line 5), and a compression member (claim 1 lines 5-6) provided on the surface (claim 1 line 6), each compression member provided on an outer side of a respective sleeve of the pair of sleeves relative to a vertical centerline of the front portion of the body (claim 1 lines 6-8).
Claim 1 of the reference application does not expressly disclose the surface is an inner surface, and each sleeve includes an outer surface, the compression member provided between the inner surface and the outer surface.
However, Berner teaches (Figs. 1-3) a support member 100 comprising a sleeve 113 comprising a surface (of 118) and compression member 124 provided on the surface (para 26; Fig. 3) wherein the surface is an inner surface (as evidenced by its being inner of a surface of 117), and each sleeve includes an outer surface (of 117), the compression member provided between the inner surface and the outer surface (para 26; Fig. 3).
Berner further teaches the layers which form the inner and outer surfaces are arranged such that the two layers “lay adjacent to each other, thereby defining areas for receiving” compression members “121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118, as depicted in FIG. 4. More particularly, insert elements 121-126 may be secured to apparel 110 when placed between layers 117 and 118” (para 26) wherein “Frictional resistance between insert elements 121-126 and surfaces of layers 117 and 118 may be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 33) and “When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
It 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 to have modified the claim 1 support member such that surface is an inner surface, and each sleeve includes an outer surface, the compression member provided between the inner surface and the outer surface, as in Berner, in order to secure the compression member to the member and/or to permit the compression member to be more securely secured when a compressive force exerted by a layer comprising the outer surface is stretched, as suggested by Berner (paras 26 and 33-34).
Regarding claims 2-8:
Claim 1 of the reference application in view of Berner teach The support member of claim 1, as set forth above.
Each of claims 2-8, respectively, of the reference application is dependent upon claim 1 of the reference application and further discloses the additional subject matter of each of claims 2-8, respectively.
Regarding claim 10:
Claim 1 of the reference application in view of Berner teach The support member of claim 1, as set forth above.
Claim 11 of the reference application is dependent upon claim 1 of the reference application and further discloses the additional subject matter of claim 10.
Regarding claim 11:
Claim 1 of the reference application in view of Berner teach The support member of claim 1, as set forth above.
Claim 11 of the reference application is dependent upon claim 1 of the reference application and further discloses the additional subject matter of claim 11.
Regarding claims 21:
Claim 1 of the reference application in view of Berner teach The support member of claim 1, as set forth above.
Claim 21 of the reference application is dependent upon claim 1 of the reference application and further discloses the additional subject matter of claim 21.
This is a provisional nonstatutory double patenting rejection.
Claims 12-15 and 17-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-15 and 17-18 of copending Application No. 19/058,336 (reference application) in view of [Berner, US 2010/0024101, previously cited].
Regarding claim 12:
Claim 12 of the reference application discloses:
A support member (claim 12 line 1) comprising:
a body including a front portion; and (claim 12 line 2)
a pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion, each sleeve of the pair of sleeves including (claim 12 lines 3-5) an inner surface (i.e. the “inner surface” of claim 12 line 5 defined by the “layer” of claim 12 line 5), and a compression member (claim 12 lines 5-6) provided on the inner surface (claim 12 lines 6), wherein each compression member extends along a respective tricep of a wearer when worn (claim 12 lines 7-8).
Claim 12 of the reference application does not expressly disclose each sleeve includes an outer surface, the compression member provided between the inner surface and the outer surface.
However, Berner teaches (Figs. 1-3) a support member 100 comprising a sleeve 113 comprising an inner surface (of 118) and a compression member 124 provided on the inner surface (para 26; Fig. 3), and each sleeve includes an outer surface (of 117), the compression member provided between the inner surface and the outer surface (para 26; Fig. 3).
Berner further teaches the layers which form the inner and outer surfaces are arranged such that the two layers “lay adjacent to each other, thereby defining areas for receiving” compression members “121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118, as depicted in FIG. 4. More particularly, insert elements 121-126 may be secured to apparel 110 when placed between layers 117 and 118” (para 26) wherein “Frictional resistance between insert elements 121-126 and surfaces of layers 117 and 118 may be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 33) and “When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
It 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 to have modified the claim 12 support member such that each sleeve includes an outer surface, the compression member provided between the inner surface and the outer surface, as in Berner, in order to secure the compression member to the member and/or to permit the compression member to be more securely secured when a compressive force exerted by a layer comprising the outer surface is stretched, as suggested by Berner (paras 26 and 33-34).
Regarding claims 13-15:
Claim 12 of the reference application in view of Berner teach The support member of claim 12, as set forth above.
Each of claims 13-15, respectively, of the reference application is dependent upon claim 12 of the reference application and further discloses the additional subject matter of each of claims 13-15, respectively.
Regarding claims 17-18:
Claim 12 of the reference application in view of Berner teach The support member of claim 12, as set forth above.
Each of claims 17-18, respectively, of the reference application is dependent upon claim 12 of the reference application and further discloses the additional subject matter of each of claims 17-18, respectively.
This is a provisional nonstatutory double patenting rejection.
Claim 16 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-13 of copending Application No. 19/058,336 (reference application) and [Berner, US 2010/0024101] as applied to claim 12 above, and further in view of [Rydman, US 9,044,051, previously cited].
Claim 12 of the reference application in view of Berner teach The support member of claim 12, as set forth above.
Claim 12 of the reference application does not expressly disclose wherein each compression member is rectangular in shape.
Rydman teaches a support member 10 wherein a compression member 25 is rectangular in shape (co. 2 line 58). Rydman further teaches the rectangular shape is such that the compression member “smoothly eases from” a “wider area...where...panel 25 meets the garment...upward...This eliminates the potential of having excess skin and fat being pushed over the top of the panel” such that a body part is “neatly compressed across the entire...length of the panel 25” (col. 2 lines 59-67).
It 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 to have modified the modified claim 12 support member such that each compression member is rectangular in shape in order to neatly compress a wearer’s body across its length, as suggested by Rydman (col. 2 lines 59-67).
And/or
It 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 to have modified the modified claim 12 support member such that each compression member is rectangular in shape insofar as a rectangular shape is one of numerous shapes a person having ordinary skill would have found obvious for the purpose of providing each compression member. One of ordinary skill would have been confronted with one or more decision(s) as to how, specifically, to shape each compression member and would have recognized that providing it in rectangular shape would be adequate for providing compression based on the teachings of Rydman.
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 8, 10-11, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101, previously cited] in view of [Okajima, US 2006/0085889, cited by Applicant on the IDS of 01/31/2025].
Regarding claim 1:
Berner discloses (Figs. 1-3):
A support member 100 comprising:
(It is noted support member 100 is configured to “exhibit a relatively tight fit that lays adjacent to the skin of the wearer and (b) stretch to conform with the contours of the wearer” such that it is configured to support a wearer; in addition, it meets the limitations identified hereinbelow such that it is a support member as claimed)
a body 111 including a front portion (the portion of 111 presented to the viewer in each of Figs. 1, 2, and 3); and a pair of sleeves 112, 113 extending outwardly from the front portion (Figs. 1-3), each sleeve of the pair of sleeves including an inner surface 118, an outer surface 117, and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided between the inner surface and the outer surface (para 26),
(It is noted that members 124, 125 are compression members as claimed in that each may be “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located”; para 24; attention is drawn to the present disclosure as filed which states that a “compression member 56 may be formed of a compressible material, such as neoprene, rubber, cotton, polyester, and the like, and may include inner springs, gel, an air pocket, a fluid pocket, and the like” (para [0034]) such that the material of construction (i.e. foam members, gas-filled chambers, and/or plates that attenuate compression forces) and mode of action (i.e. attenuate compression forces, impart padding, and/or impart cushioning) of members 124, 125 is such that each is a compression member as claimed.)
each compression member provided on an outer side of a respective sleeve of the pair of sleeves relative to a vertical centerline of the front portion of the body (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113; in Fig. 3, compression member 124 is also provided on an inner side of sleeve 113; however, it is nonetheless provided on an outer side as well and is therefore provided on an outer side as claimed).
Berner does not expressly disclose the pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion.
Okajima teaches (Figs. 1-5) a support member 10 comprising a support shirt 10 wherein a pair of sleeves 24, 28; 25, 29 (i.e. a first sleeve being the combined 24 and 28 and a second sleeve being the combined 25 and 29) are extending outwardly (Figs. 1-2 and 5) from a front portion (see annotated Figs. 1-2 and 5 – a below) in a direction substantially perpendicular to a plane extending parallel to the front portion (paras 14, 19, 51 and as in annotated Figs. 1-2 and 5 – a below and particularly Fig. 2).
PNG
media_image1.png
1291
918
media_image1.png
Greyscale
Okajima further teaches “when a cyclist is riding, the cyclist assumes a riding posture where the cyclist leans forward and holds the arms out to engage the handlebar of the bicycle. In particular, drop handlebars on a road racer or a straight handlebar in a mountain bicycle require the cyclist's upper arms to extend outward about perpendicular to the cyclist's torso and forearms extend forward toward the handlebar. Hence, when the cyclist assumes the riding posture, the sleeve edge of each the sleeve panels faces the front of the bicycle” (para 8). Okajima further teaches that a “conventional” support member is arranged such that “in the riding posture where the cyclist holds the handlebar of the bicycle, rucks (i.e., wrinkles or folds) appear on the front and side of the sleeve panel proximate the shoulder areas of the cyclist. These rucks have an adverse effect on air resistance. Further, a backside of the...sleeve panel is being stretched and is narrowed with the cyclist in the riding posture, thus making the cyclist uncomfortable” (paras 8-9). Okajima further teaches the arrangement taught by Okajima is “to improve the comfort level of a cyclist wearing bicycle apparel with the cyclist in a riding posture holding the handlebar of a bicycle” (para 12). Okajima further teaches “The cyclist is able to maintain the riding posture with the bicycle jersey conforming to his riding posture since the sleeves and torso sections of the bicycle jersey have an overall shape that mimics the cyclists riding posture...fitted more comfortably within the bicycle jersey. Rucks, wrinkles and folds are less likely to form...the comfort level of the cyclist is improved, and air resistance is reduced” (para 14)
It 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 to have modified the support member of Berner such that its pair of sleeves is extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion in order to avoid the occurrence of rucks, wrinkles, and/or folds when a wearer adopts a riding posture while wearing the member and/or to provide comfort to the wearer when the wearer adopts a riding posture, as suggested by Okajima (paras 8-9, 12, and 14).
One of ordinary skill would have been motivated to adopt the modification insofar as Berner is directed to “athletic activities...practice...or competitions” (para 29 of Berner) and “Articles of apparel intended for use during athletic activities generally exhibit characteristics that enhance the performance, comfort,...of a wearer. As an example,...imparting the wearer with a lower profile that minimizes wind resistance” (para 1 of Berner) and Okajima is directed to enhancement of performance (via air/wind resistance reduction as described Okajima paras 9-11, 14, 17-19, 54-58) and comfort (paras 12, 14, 17-19, 54, 57-58 of Okajima) in an athletic activity (i.e. the athletic activity of bicycle riding; Title; and throughout Okajima including at least paras 3-12 and 28-58) wherein the participant is subjected to wind resistance (Okajima paras 9-11, 14, 17-19, 54-58).
Regarding claim 2:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner further discloses wherein each compression member extends along a respective tricep of a wearer when worn (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113 in a region of each sleeve that is configured to cover a respective tricep; it is noted the member will fit wearers of different sizes differently such that the limitation is met and that moreover each of a wearer’s arms is capable of moving within and relative to each sleeve, e.g. by sliding a sleeve up and down his arm and/or by internally and/or externally rotating his arm within the sleeve via his rotator cuff such that the limitation is met).
Regarding claim 3:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner Figs. 1-3 does not expressly disclose wherein each compression member extends from a free end of a respective sleeve of the pair of sleeves toward an edge of the respective sleeve of the pair of sleeves extending from the front portion of the body.
As embodied in Fig. 3, compression member 124 extends from an area configured to overlie an upper arm of a wearer toward an edge of the respective sleeve extending from the front portion, while compression member 125 extends from an area configured to overlie an elbow of a wearer toward an edge of the respective sleeve extending from the front portion.
However and in further view of Berner:
Berner teaches that although the member is a “long-sleeved shirt” (para 39), it “may have the configuration of other shirt-type garments, including short-sleeved shirts” (para 39). Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that it is a short-sleeved shirt and such that each compression member 124, 125 extends from a free end of a respective sleeve of the pair of sleeves of the short-sleeved shirt toward an edge of the respective sleeve of the pair of sleeves of the short-sleeved shirt extending from the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward the edge in each respective sleeve.
Regarding claim 4:
Berner in view of Okajima teaches The support member of claim 3, as set forth above.
Berner does not expressly disclose wherein each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward and past the edge in each respective sleeve.
Regarding claim 5:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner does not expressly disclose wherein each compression member is rectangular in shape.
However and in further view of Berner:
Berner compression member 123 is rectangular in shape (para 30; Figs. 1-3); Berner further teaches “the shapes and sizes of attachment elements 121-126 may vary significantly”; para 30.
It 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 to have modified the modified Berner such that each compression member is rectangular in shape, as is compression member 123, in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a rectangular-shaped portion of the wearer’s body.
Regarding claim 8:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner further discloses wherein each compression member is formed from neoprene, rubber (“rubber...incorporated into...insert elements 121-126”; para 33), cotton, or polyester.
Regarding claim 10:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Bernfer further discloses further comprising a restriction panel 122 provided on the front portion between the pair of sleeves (Fig. 3) and extending toward a bottom edge of the front portion (Fig. 3), wherein the compression members are provided on the outer side of the respective sleeve of the pair of sleeves opposite an inner side of the respective sleeve of the pair of sleeves (Fig. 3), the inner side of the respective sleeve of the pair of sleeves facing the restriction panel (Fig. 3).
Berner does not expressly disclose the restriction panel 122 extending from a top edge of the front portion toward a bottom edge of the front portion.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that restriction panel 122 is extending from a top edge of the front portion toward a bottom edge of the front portion in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the top edge of the front portion toward a bottom edge.
Regarding claim 11:
Berner in view of Okajima teaches The support member of claim 10, as set forth above.
Berner further teaches further comprising a protective pad 126 positioned at the front portion of the body (Fig. 3),
Berner does not expressly disclose the protective pad 126 having a width that is greater than a width of the restriction panel 122. Looking to Fig. 3, protective pad 126 appears to be about the same width as restriction panel 122; however, Fig. 3 is not expressly to scale.
However and in further view of Berner:
Berner teaches “the shapes and sizes of attachment elements 121-126 may vary significantly. For example, insert elements 121 and 122 exhibit generally square configurations, with insert element 122 being larger than insert element 121 to cover a greater area of the wearer. Whereas insert element 123 has an elongate and rectangular shape, insert element 124 is triangular and insert element 125 is circular. Although insert elements 121-125 each have geometrical shapes, insert element 126 has an undefined and non-geometrical shape. The thicknesses of insert elements 121-126 may also vary significantly to include generally flat, non-uniform, tapered, or protruding configurations, depending upon the composition and intended use of insert elements 121-126. Accordingly, the general shapes and sizes of insert elements 121-126 may vary significantly” (para 30).
It 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 to have modified the modified Berner such that its protective pad 126 is having a width that is greater than a width of the restriction panel 122 in order to yield the predictable result of a support member whose protective pad is capable of affording compression force attenuation, padding, and/or cushioning to a wearer’s body over a wider portion of the wearer’s body configured to underlie protective pad 126 than a portion of the wearer’s body configured to underlie restriction panel 122.
Regarding claim 21:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner further discloses wherein the body is formed from nylon (para 27), cotton (para 27), or polyester (para 27).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101] and [Okajima, US 2006/0085889] as applied to claim 1 above, and further in view of [Ito, US 2019/0037937, previously cited] and [Schofalvi, US 2014/0045962, previously cited].
Regarding claim 6:
Berner in view of Okajima teaches The support member of claim 1, as set forth above.
Berner further discloses wherein: each sleeve of the pair of sleeves has a sleeve elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure).
Berner does not expressly disclose and each compression member has a compression member elasticity less than the sleeve elasticity.
However and in further view of Berner:
In Berner, the elasticity of the layers of the sleeve are such that “the positions of insert elements 121-126 may be secured through...compression forces from at least outer layer 117” (para 32) and are provided “with a relatively tight fit that stretches (e.g., at least thirty percent prior to tensile failure) to conform with the contours of the wearer. When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
Compression members 124, 125 are “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located” (para 24). Berner is silent as to whether either compression member has an elasticity less than the sleeve elasticity.
Berner is silent as to any express value or relative degree of elasticity of sleeve vs compression member.
However, Ito teaches a textile (“fabric”; para 280) configured to provide compression in a garment (para 75) wherein said textile has an elasticity correspondent to an “elastic modulus” of “1.9 MPa or less” (para 128) further wherein “there is a positive correlation between the elastic modulus of a knee supporter and the sense of fixation to the leg of the knee supporter. That is, it has become clear that as the elastic modulus of a knee supporter increases, the compression applied to the leg at the time of wearing may be increased all the more (namely, the tightening force against the leg can be strengthened), and as a result, the sense of fixation to the leg may be improved as the bodily sensation of a wearer” (para 75).
Schofalvi teaches an impact absorbing foam (title, abstract) appropriate for “padding” in wearing apparel (“shoe,...helmet”; para 25) wherein said impact absorbing foam has an elasticity correspondent to “a Young's modulus in the range from about 0.3 to about 75 GPa, or from about 0.3 to about 5 GPa, or from about 0.5 to about 2 GPa, or from about 5 to about 75 GPa, or from about 5 to about 15 GPa” (para 28).
Accordingly, Ito teaches a compression textile having a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less; and Schoflavi teaches an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa. The present disclosure states “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa as taught by Schofalvi has an elasticity which is less a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less of Ito insofar as 1.9 MPa is equivalent to 0.0019 GPa.
It 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 to have modified the modified Berner such that each compression member has a compression member elasticity less than the sleeve elasticity in order render each compression member capable of absorbing impact (as suggested by Schofalvi) and to render the sleeve capable of providing compression to a limb (as suggested by Ito). One of ordinary skill would have been confronted with a decision of which materials to use for constructing the support member and would have expected that providing the materials having relative elasticity as claimed would result in the garment being configured to absorb impact and provide compression based on the teachings of Schofalvi and Ito.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101], [Okajima, US 2006/0085889], [Ito, US 2019/0037937], and [Schofalvi, US 2014/0045962] as applied to claim 6 above and further in view of [Shen, US 2014/0366585, previously cited].
Regarding claim 7:
Berner in view of Okajima, Ito, and Schofalvi teach The support member of claim 6, as set forth above.
Berner further discloses wherein the body has a body elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure)
Berner does not expressly disclose wherein the body has a body elasticity and the sleeve elasticity is greater than the body elasticity.
However, Shen teaches a support member 540 (“shirt 540”; para 32; Figs. 13A-13B) wherein a body 110 (i.e. the panel 110 configured to overlie a chest of a wearer) has a body elasticity (of “high-power zone 230”, which is provided on a front portion directly adjacent a sleeve seam 120; Fig. 13B and configured to overlie a chest of a wearer; Fig. 13B) and a sleeve 110 (i.e. the sleeve panel 110 configured to cover a left arm of a wearer; Fig. 13B) has a sleeve elasticity (of “low-power zone 210”, which is directly adjacent a sleeve seam 120 and configured to overlie an arm of a wearer; Fig. 13B) wherein the sleeve elasticity (of “low-power” 210) is greater than (“Modulus is a measure of power in textile fabrics...it can be characterized as tensile stress of a fabric at a selected elongation (e.g., 40% elongation). A higher modulus corresponds to higher power and compression”; para 44) the body elasticity (of “high-power” 230).
(It is noted the present disclosure states that “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that low-modulus, low-power sleeve elasticity 210 of Shen is greater than high-modulus, high-power 230 of Shen.)
Shen further teaches “performance apparel may have different performance characteristics at different zones relative to the body of a wearer. For example, performance apparel may apply relatively higher compression to relatively larger muscle groups, may apply relatively lower compression to relatively smaller muscle group” (para 30).
It 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 to have modified the modified Berner such that its sleeve elasticity is greater than its body elasticity in order to permit the support member to apply higher compression to the area of the wearer’s body covered by the member body than the area of the wearer’s body covered by the sleeve, as suggested by Shen (para 30).
Claim(s) 12-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101, previously cited] in view of [Okajima, US 2006/0085889, cited by Applicant on the IDS of 01/31/2025].
Regarding claim 12:
Berner discloses (Figs. 1-3):
A support member 100 comprising:
(It is noted support member 100 is configured to “exhibit a relatively tight fit that lays adjacent to the skin of the wearer and (b) stretch to conform with the contours of the wearer” such that it is configured to support a wearer; in addition, it meets the limitations identified hereinbelow such that it is a support member as claimed)
a body 111 including a front portion (the portion of 111 presented to the viewer in each of Figs. 1, 2, and 3); and a pair of sleeves 112, 113 extending outwardly from the front portion (Figs. 1-3), each sleeve of the pair of sleeves including an inner surface 118, an outer surface 117, and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided between the inner surface and the outer surface (para 26),
(It is noted that members 124, 125 are compression members as claimed in that each may be “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located”; para 24; attention is drawn to the present disclosure as filed which states that a “compression member 56 may be formed of a compressible material, such as neoprene, rubber, cotton, polyester, and the like, and may include inner springs, gel, an air pocket, a fluid pocket, and the like” (para [0034]) such that the material of construction (i.e. foam members, gas-filled chambers, and/or plates that attenuate compression forces) and mode of action (i.e. attenuate compression forces, impart padding, and/or impart cushioning) of members 124, 125 is such that each is a compression member as claimed.)
wherein each compression member extends along a respective tricep of a wearer when worn (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113 in a region of each sleeve that is configured to cover a respective tricep; it is noted the member will fit wearers of different sizes differently such that the limitation is met and that moreover each of a wearer’s arms is capable of moving within and relative to each sleeve, e.g. by sliding a sleeve up and down his arm and/or by internally and/or externally rotating his arm within the sleeve via his rotator cuff such that the limitation is met).
Berner does not expressly disclose the pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion.
Okajima teaches (Figs. 1-5) a support member 10 comprising a support shirt 10 wherein a pair of sleeves 24, 28; 25, 29 (i.e. a first sleeve being the combined 24 and 28 and a second sleeve being the combined 25 and 29) are extending outwardly (Figs. 1-2 and 5) from a front portion (see annotated Figs. 1-2 and 5 – a below) in a direction substantially perpendicular to a plane extending parallel to the front portion (paras 14, 19, 51 and as in annotated Figs. 1-2 and 5 – a below and particularly Fig. 2).
PNG
media_image1.png
1291
918
media_image1.png
Greyscale
Okajima further teaches “when a cyclist is riding, the cyclist assumes a riding posture where the cyclist leans forward and holds the arms out to engage the handlebar of the bicycle. In particular, drop handlebars on a road racer or a straight handlebar in a mountain bicycle require the cyclist's upper arms to extend outward about perpendicular to the cyclist's torso and forearms extend forward toward the handlebar. Hence, when the cyclist assumes the riding posture, the sleeve edge of each the sleeve panels faces the front of the bicycle” (para 8). Okajima further teaches that a “conventional” support member is arranged such that “in the riding posture where the cyclist holds the handlebar of the bicycle, rucks (i.e., wrinkles or folds) appear on the front and side of the sleeve panel proximate the shoulder areas of the cyclist. These rucks have an adverse effect on air resistance. Further, a backside of the...sleeve panel is being stretched and is narrowed with the cyclist in the riding posture, thus making the cyclist uncomfortable” (paras 8-9). Okajima further teaches the arrangement taught by Okajima is “to improve the comfort level of a cyclist wearing bicycle apparel with the cyclist in a riding posture holding the handlebar of a bicycle” (para 12). Okajima further teaches “The cyclist is able to maintain the riding posture with the bicycle jersey conforming to his riding posture since the sleeves and torso sections of the bicycle jersey have an overall shape that mimics the cyclists riding posture...fitted more comfortably within the bicycle jersey. Rucks, wrinkles and folds are less likely to form...the comfort level of the cyclist is improved, and air resistance is reduced” (para 14)
It 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 to have modified the support member of Berner such that its pair of sleeves is extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion in order to avoid the occurrence of rucks, wrinkles, and/or folds when a wearer adopts a riding posture while wearing the member and/or to provide comfort to the wearer when the wearer adopts a riding posture, as suggested by Okajima (paras 8-9, 12, and 14).
One of ordinary skill would have been motivated to adopt the modification insofar as Berner is directed to “athletic activities...practice...or competitions” (para 29 of Berner) and “Articles of apparel intended for use during athletic activities generally exhibit characteristics that enhance the performance, comfort,...of a wearer. As an example,...imparting the wearer with a lower profile that minimizes wind resistance” (para 1 of Berner) and Okajima is directed to enhancement of performance (via air/wind resistance reduction as described Okajima paras 9-11, 14, 17-19, 54-58) and comfort (paras 12, 14, 17-19, 54, 57-58 of Okajima) in an athletic activity (i.e. the athletic activity of bicycle riding; Title; and throughout Okajima including at least paras 3-12 and 28-58) wherein the participant is subjected to wind resistance (Okajima paras 9-11, 14, 17-19, 54-58).
Regarding claim 13:
Berner in view of Okajima teaches The support member of claim 12, as set forth above.
Berner further discloses wherein: the outer surface of each sleeve of the pair of sleeves defines an inner side facing a vertical centerline of the front portion of the body (the side closest to the front portion) and an outer side (the side furthest away from the front portion) opposite the inner side; and each compression member is provided on the outer side of a respective sleeve of the pair of sleeves (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113; in Fig. 3, compression member 124 is also provided on an inner side of sleeve 113; however, it is nonetheless provided on an outer side as well and is therefore provided on an outer side as claimed).
Regarding claim 14:
Berner in view of Okajima teaches The support member of claim 12, as set forth above.
Berner Figs. 1-3 does not expressly disclose wherein each compression member extends from a free end of a respective sleeve of the pair of sleeves toward an edge of the respective sleeve of the pair of sleeves extending from the front portion of the body.
As embodied in Fig. 3, compression member 124 extends from an area configured to overlie an upper arm of a wearer toward an edge of the respective sleeve extending from the front portion, while compression member 125 extends from an area configured to overlie an elbow of a wearer toward an edge of the respective sleeve extending from the front portion.
However and in further view of Berner:
Berner teaches that although the member is a “long-sleeved shirt” (para 39), it “may have the configuration of other shirt-type garments, including short-sleeved shirts” (para 39). Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that it is a short-sleeved shirt and such that each compression member 124, 125 extends from a free end of a respective sleeve of the pair of sleeves of the short-sleeved shirt toward an edge of the respective sleeve of the pair of sleeves of the short-sleeved shirt extending from the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward the edge in each respective sleeve.
Regarding claim 15:
Berner in view of Okajima teaches The support member of claim 14, as set forth above.
Berner does not expressly disclose wherein each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward and past the edge in each respective sleeve.
Regarding claim 16:
Berner in view of Okajima teaches The support member of claim 12, as set forth above.
Berner does not expressly disclose wherein each compression member is rectangular in shape.
However and in further view of Berner:
Berner compression member 123 is rectangular in shape (para 30; Figs. 1-3); Berner further teaches “the shapes and sizes of attachment elements 121-126 may vary significantly”; para 30.
It 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 to have modified the modified Berner such that each compression member is rectangular in shape, as is compression member 123, in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a rectangular-shaped portion of the wearer’s body.
Regarding claim 18:
Berner in view of Okajima teaches The support member of claim 12, as set forth above.
Berner further discloses wherein each compression member is formed from neoprene, rubber (“rubber...incorporated into...insert elements 121-126”; para 33), cotton, or polyester.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101] and [Okajima, US 2006/0085889] as applied to claim 12 above, and further in view of [Ito, US 2019/0037937, previously cited] and [Schofalvi, US 2014/0045962, previously cited].
Regarding claim 17:
Berner in view of Okajima teaches The support member of claim 12, as set forth above.
Berner further discloses wherein: each sleeve of the pair of sleeves has a sleeve elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure).
Berner does not expressly disclose and each compression member has a compression member elasticity less than the sleeve elasticity.
However and in further view of Berner:
In Berner, the elasticity of the layers of the sleeve are such that “the positions of insert elements 121-126 may be secured through...compression forces from at least outer layer 117” (para 32) and are provided “with a relatively tight fit that stretches (e.g., at least thirty percent prior to tensile failure) to conform with the contours of the wearer. When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
Compression members 124, 125 are “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located” (para 24). Berner is silent as to whether either compression member has an elasticity less than the sleeve elasticity.
Berner is silent as to any express value or relative degree of elasticity of sleeve vs compression member.
However, Ito teaches a textile (“fabric”; para 280) configured to provide compression in a garment (para 75) wherein said textile has an elasticity correspondent to an “elastic modulus” of “1.9 MPa or less” (para 128) further wherein “there is a positive correlation between the elastic modulus of a knee supporter and the sense of fixation to the leg of the knee supporter. That is, it has become clear that as the elastic modulus of a knee supporter increases, the compression applied to the leg at the time of wearing may be increased all the more (namely, the tightening force against the leg can be strengthened), and as a result, the sense of fixation to the leg may be improved as the bodily sensation of a wearer” (para 75).
Schofalvi teaches an impact absorbing foam (title, abstract) appropriate for “padding” in wearing apparel (“shoe,...helmet”; para 25) wherein said impact absorbing foam has an elasticity correspondent to “a Young's modulus in the range from about 0.3 to about 75 GPa, or from about 0.3 to about 5 GPa, or from about 0.5 to about 2 GPa, or from about 5 to about 75 GPa, or from about 5 to about 15 GPa” (para 28).
Accordingly, Ito teaches a compression textile having a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less; and Schoflavi teaches an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa. The present disclosure states “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa as taught by Schofalvi has an elasticity which is less a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less of Ito insofar as 1.9 MPa is equivalent to 0.0019 GPa.
It 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 to have modified the modified Berner such that each compression member has a compression member elasticity less than the sleeve elasticity in order render each compression member capable of absorbing impact (as suggested by Schofalvi) and to render the sleeve capable of providing compression to a limb (as suggested by Ito). One of ordinary skill would have been confronted with a decision of which materials to use for constructing the support member and would have expected that providing the materials having relative elasticity as claimed would result in the garment being configured to absorb impact and provide compression based on the teachings of Schofalvi and Ito.
Claim(s) 1-5, 8, 10-11, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101, previously cited] in view of [Knecht, US 4,473,908, newly cited].
Regarding claim 1:
Berner discloses (Figs. 1-3):
A support member 100 comprising:
(It is noted support member 100 is configured to “exhibit a relatively tight fit that lays adjacent to the skin of the wearer and (b) stretch to conform with the contours of the wearer” such that it is configured to support a wearer; in addition, it meets the limitations identified hereinbelow such that it is a support member as claimed)
a body 111 including a front portion (the portion of 111 presented to the viewer in each of Figs. 1, 2, and 3); and a pair of sleeves 112, 113 extending outwardly from the front portion (Figs. 1-3), each sleeve of the pair of sleeves including an inner surface 118, an outer surface 117, and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided between the inner surface and the outer surface (para 26),
(It is noted that members 124, 125 are compression members as claimed in that each may be “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located”; para 24; attention is drawn to the present disclosure as filed which states that a “compression member 56 may be formed of a compressible material, such as neoprene, rubber, cotton, polyester, and the like, and may include inner springs, gel, an air pocket, a fluid pocket, and the like” (para [0034]) such that the material of construction (i.e. foam members, gas-filled chambers, and/or plates that attenuate compression forces) and mode of action (i.e. attenuate compression forces, impart padding, and/or impart cushioning) of members 124, 125 is such that each is a compression member as claimed.)
each compression member provided on an outer side of a respective sleeve of the pair of sleeves relative to a vertical centerline of the front portion of the body (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113; in Fig. 3, compression member 124 is also provided on an inner side of sleeve 113; however, it is nonetheless provided on an outer side as well and is therefore provided on an outer side as claimed).
Berner does not expressly disclose the pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion.
Knecht teaches a support member “sleeved-type garments. More particularly, the term "sleeved-type garment" is used broadly to include shirts, blouses, sweaters,...jackets...coats...and similar garments which have a body portion covering at least the upper portion of the torso and sleeve portions individually covering at least an upper portion of the arms of the wearer” (col. 1 lines 6-12); wherein a pair of sleeves are extending outwardly (Figs. 8-11) from a front portion (Figs. 8-11) in a direction substantially perpendicular to a plane extending parallel to the front portion (Figs. 8-11; “an angle substantially forward of the lateral plane of the body, preferably ranging between about 18° and about 45°”; Abstract; wherein it is noted an angle of about 45 degrees affords extension in a direction substantially perpendicular to a plane extending parallel to the front portion to the extent that Applicant has explained what it means for a given direction to be “substantially” perpendicular to a plane; it is noted the term “substantially” means “Considerable in importance, value, degree, amount, or extent”; substantially. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved July 13 2026 from https://www.thefreedictionary.com/substantially).
Knecht further teaches “the garments fit a body position which is in the center area of the natural arm movement range relative to the torso and which is naturally unsymmetric between front and back” (Abstract) and “Garments which fit the natural way of moving, as well as the size and shape of the wearer, provide a new dimension for a better fitting, more comfortable garment with advantageously less pull and less bunching of the fabric” (col. 6 lines 28-32).
It 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 to have modified the support member of Berner such that its pair of sleeves is extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion in order to provide a good fit to the member; provide comfort; and/or provide less pull and/or bunching of the member, as suggested by Knecht (Abstract; col. 6 lines 28-32).
Regarding claim 2:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner further discloses wherein each compression member extends along a respective tricep of a wearer when worn (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113 in a region of each sleeve that is configured to cover a respective tricep; it is noted the member will fit wearers of different sizes differently such that the limitation is met and that moreover each of a wearer’s arms is capable of moving within and relative to each sleeve, e.g. by sliding a sleeve up and down his arm and/or by internally and/or externally rotating his arm within the sleeve via his rotator cuff such that the limitation is met).
Regarding claim 3:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner Figs. 1-3 does not expressly disclose wherein each compression member extends from a free end of a respective sleeve of the pair of sleeves toward an edge of the respective sleeve of the pair of sleeves extending from the front portion of the body.
As embodied in Fig. 3, compression member 124 extends from an area configured to overlie an upper arm of a wearer toward an edge of the respective sleeve extending from the front portion, while compression member 125 extends from an area configured to overlie an elbow of a wearer toward an edge of the respective sleeve extending from the front portion.
However and in further view of Berner:
Berner teaches that although the member is a “long-sleeved shirt” (para 39), it “may have the configuration of other shirt-type garments, including short-sleeved shirts” (para 39). Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that it is a short-sleeved shirt and such that each compression member 124, 125 extends from a free end of a respective sleeve of the pair of sleeves of the short-sleeved shirt toward an edge of the respective sleeve of the pair of sleeves of the short-sleeved shirt extending from the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward the edge in each respective sleeve.
Regarding claim 4:
Berner in view of Knecht teaches The support member of claim 3, as set forth above.
Berner does not expressly disclose wherein each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward and past the edge in each respective sleeve.
Regarding claim 5:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner does not expressly disclose wherein each compression member is rectangular in shape.
However and in further view of Berner:
Berner compression member 123 is rectangular in shape (para 30; Figs. 1-3); Berner further teaches “the shapes and sizes of attachment elements 121-126 may vary significantly”; para 30.
It 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 to have modified the modified Berner such that each compression member is rectangular in shape, as is compression member 123, in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a rectangular-shaped portion of the wearer’s body.
Regarding claim 8:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner further discloses wherein each compression member is formed from neoprene, rubber (“rubber...incorporated into...insert elements 121-126”; para 33), cotton, or polyester.
Regarding claim 10:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Bernfer further discloses further comprising a restriction panel 122 provided on the front portion between the pair of sleeves (Fig. 3) and extending toward a bottom edge of the front portion (Fig. 3), wherein the compression members are provided on the outer side of the respective sleeve of the pair of sleeves opposite an inner side of the respective sleeve of the pair of sleeves (Fig. 3), the inner side of the respective sleeve of the pair of sleeves facing the restriction panel (Fig. 3).
Berner does not expressly disclose the restriction panel 122 extending from a top edge of the front portion toward a bottom edge of the front portion.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that restriction panel 122 is extending from a top edge of the front portion toward a bottom edge of the front portion in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the top edge of the front portion toward a bottom edge.
Regarding claim 11:
Berner in view of Knecht teaches The support member of claim 10, as set forth above.
Berner further teaches further comprising a protective pad 126 positioned at the front portion of the body (Fig. 3),
Berner does not expressly disclose the protective pad 126 having a width that is greater than a width of the restriction panel 122. Looking to Fig. 3, protective pad 126 appears to be about the same width as restriction panel 122; however, Fig. 3 is not expressly to scale.
However and in further view of Berner:
Berner teaches “the shapes and sizes of attachment elements 121-126 may vary significantly. For example, insert elements 121 and 122 exhibit generally square configurations, with insert element 122 being larger than insert element 121 to cover a greater area of the wearer. Whereas insert element 123 has an elongate and rectangular shape, insert element 124 is triangular and insert element 125 is circular. Although insert elements 121-125 each have geometrical shapes, insert element 126 has an undefined and non-geometrical shape. The thicknesses of insert elements 121-126 may also vary significantly to include generally flat, non-uniform, tapered, or protruding configurations, depending upon the composition and intended use of insert elements 121-126. Accordingly, the general shapes and sizes of insert elements 121-126 may vary significantly” (para 30).
It 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 to have modified the modified Berner such that its protective pad 126 is having a width that is greater than a width of the restriction panel 122 in order to yield the predictable result of a support member whose protective pad is capable of affording compression force attenuation, padding, and/or cushioning to a wearer’s body over a wider portion of the wearer’s body configured to underlie protective pad 126 than a portion of the wearer’s body configured to underlie restriction panel 122.
Regarding claim 21:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner further discloses wherein the body is formed from nylon (para 27), cotton (para 27), or polyester (para 27).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101] and [Knecht, US 4,473,908] as applied to claim 1 above, and further in view of [Ito, US 2019/0037937, previously cited] and [Schofalvi, US 2014/0045962, previously cited].
Regarding claim 6:
Berner in view of Knecht teaches The support member of claim 1, as set forth above.
Berner further discloses wherein: each sleeve of the pair of sleeves has a sleeve elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure).
Berner does not expressly disclose and each compression member has a compression member elasticity less than the sleeve elasticity.
However and in further view of Berner:
In Berner, the elasticity of the layers of the sleeve are such that “the positions of insert elements 121-126 may be secured through...compression forces from at least outer layer 117” (para 32) and are provided “with a relatively tight fit that stretches (e.g., at least thirty percent prior to tensile failure) to conform with the contours of the wearer. When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
Compression members 124, 125 are “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located” (para 24). Berner is silent as to whether either compression member has an elasticity less than the sleeve elasticity.
Berner is silent as to any express value or relative degree of elasticity of sleeve vs compression member.
However, Ito teaches a textile (“fabric”; para 280) configured to provide compression in a garment (para 75) wherein said textile has an elasticity correspondent to an “elastic modulus” of “1.9 MPa or less” (para 128) further wherein “there is a positive correlation between the elastic modulus of a knee supporter and the sense of fixation to the leg of the knee supporter. That is, it has become clear that as the elastic modulus of a knee supporter increases, the compression applied to the leg at the time of wearing may be increased all the more (namely, the tightening force against the leg can be strengthened), and as a result, the sense of fixation to the leg may be improved as the bodily sensation of a wearer” (para 75).
Schofalvi teaches an impact absorbing foam (title, abstract) appropriate for “padding” in wearing apparel (“shoe,...helmet”; para 25) wherein said impact absorbing foam has an elasticity correspondent to “a Young's modulus in the range from about 0.3 to about 75 GPa, or from about 0.3 to about 5 GPa, or from about 0.5 to about 2 GPa, or from about 5 to about 75 GPa, or from about 5 to about 15 GPa” (para 28).
Accordingly, Ito teaches a compression textile having a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less; and Schoflavi teaches an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa. The present disclosure states “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa as taught by Schofalvi has an elasticity which is less a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less of Ito insofar as 1.9 MPa is equivalent to 0.0019 GPa.
It 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 to have modified the modified Berner such that each compression member has a compression member elasticity less than the sleeve elasticity in order render each compression member capable of absorbing impact (as suggested by Schofalvi) and to render the sleeve capable of providing compression to a limb (as suggested by Ito). One of ordinary skill would have been confronted with a decision of which materials to use for constructing the support member and would have expected that providing the materials having relative elasticity as claimed would result in the garment being configured to absorb impact and provide compression based on the teachings of Schofalvi and Ito.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101], [Knecht, US 4,473,908], [Ito, US 2019/0037937], and [Schofalvi, US 2014/0045962] as applied to claim 6 above and further in view of [Shen, US 2014/0366585, previously cited].
Regarding claim 7:
Berner in view of Knecht, Ito, and Schofalvi teach The support member of claim 6, as set forth above.
Berner further discloses wherein the body has a body elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure)
Berner does not expressly disclose wherein the body has a body elasticity and the sleeve elasticity is greater than the body elasticity.
However, Shen teaches a support member 540 (“shirt 540”; para 32; Figs. 13A-13B) wherein a body 110 (i.e. the panel 110 configured to overlie a chest of a wearer) has a body elasticity (of “high-power zone 230”, which is provided on a front portion directly adjacent a sleeve seam 120; Fig. 13B and configured to overlie a chest of a wearer; Fig. 13B) and a sleeve 110 (i.e. the sleeve panel 110 configured to cover a left arm of a wearer; Fig. 13B) has a sleeve elasticity (of “low-power zone 210”, which is directly adjacent a sleeve seam 120 and configured to overlie an arm of a wearer; Fig. 13B) wherein the sleeve elasticity (of “low-power” 210) is greater than (“Modulus is a measure of power in textile fabrics...it can be characterized as tensile stress of a fabric at a selected elongation (e.g., 40% elongation). A higher modulus corresponds to higher power and compression”; para 44) the body elasticity (of “high-power” 230).
(It is noted the present disclosure states that “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that low-modulus, low-power sleeve elasticity 210 of Shen is greater than high-modulus, high-power 230 of Shen.)
Shen further teaches “performance apparel may have different performance characteristics at different zones relative to the body of a wearer. For example, performance apparel may apply relatively higher compression to relatively larger muscle groups, may apply relatively lower compression to relatively smaller muscle group” (para 30).
It 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 to have modified the modified Berner such that its sleeve elasticity is greater than its body elasticity in order to permit the support member to apply higher compression to the area of the wearer’s body covered by the member body than the area of the wearer’s body covered by the sleeve, as suggested by Shen (para 30).
Claim(s) 12-16 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101, previously cited] in view of [Knecht, US 4,473,908, newly cited].
Regarding claim 12:
Berner discloses (Figs. 1-3):
A support member 100 comprising:
(It is noted support member 100 is configured to “exhibit a relatively tight fit that lays adjacent to the skin of the wearer and (b) stretch to conform with the contours of the wearer” such that it is configured to support a wearer; in addition, it meets the limitations identified hereinbelow such that it is a support member as claimed)
a body 111 including a front portion (the portion of 111 presented to the viewer in each of Figs. 1, 2, and 3); and a pair of sleeves 112, 113 extending outwardly from the front portion (Figs. 1-3), each sleeve of the pair of sleeves including an inner surface 118, an outer surface 117, and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided between the inner surface and the outer surface (para 26),
(It is noted that members 124, 125 are compression members as claimed in that each may be “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located”; para 24; attention is drawn to the present disclosure as filed which states that a “compression member 56 may be formed of a compressible material, such as neoprene, rubber, cotton, polyester, and the like, and may include inner springs, gel, an air pocket, a fluid pocket, and the like” (para [0034]) such that the material of construction (i.e. foam members, gas-filled chambers, and/or plates that attenuate compression forces) and mode of action (i.e. attenuate compression forces, impart padding, and/or impart cushioning) of members 124, 125 is such that each is a compression member as claimed.)
wherein each compression member extends along a respective tricep of a wearer when worn (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113 in a region of each sleeve that is configured to cover a respective tricep; it is noted the member will fit wearers of different sizes differently such that the limitation is met and that moreover each of a wearer’s arms is capable of moving within and relative to each sleeve, e.g. by sliding a sleeve up and down his arm and/or by internally and/or externally rotating his arm within the sleeve via his rotator cuff such that the limitation is met).
Berner does not expressly disclose the pair of sleeves extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion.
Knecht teaches a support member “sleeved-type garments. More particularly, the term "sleeved-type garment" is used broadly to include shirts, blouses, sweaters,...jackets...coats...and similar garments which have a body portion covering at least the upper portion of the torso and sleeve portions individually covering at least an upper portion of the arms of the wearer” (col. 1 lines 6-12); wherein a pair of sleeves are extending outwardly (Figs. 8-11) from a front portion (Figs. 8-11) in a direction substantially perpendicular to a plane extending parallel to the front portion (Figs. 8-11; “an angle substantially forward of the lateral plane of the body, preferably ranging between about 18° and about 45°”; Abstract; wherein it is noted an angle of about 45 degrees affords extension in a direction substantially perpendicular to a plane extending parallel to the front portion to the extent that Applicant has explained what it means for a given direction to be “substantially” perpendicular to a plane; it is noted the term “substantially” means “Considerable in importance, value, degree, amount, or extent”; substantially. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved July 13 2026 from https://www.thefreedictionary.com/substantially).
Knecht further teaches “the garments fit a body position which is in the center area of the natural arm movement range relative to the torso and which is naturally unsymmetric between front and back” (Abstract) and “Garments which fit the natural way of moving, as well as the size and shape of the wearer, provide a new dimension for a better fitting, more comfortable garment with advantageously less pull and less bunching of the fabric” (col. 6 lines 28-32).
It 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 to have modified the support member of Berner such that its pair of sleeves is extending outwardly from the front portion in a direction substantially perpendicular to a plane extending parallel to the front portion in order to provide a good fit to the member; provide comfort; and/or provide less pull and/or bunching of the member, as suggested by Knecht (Abstract; col. 6 lines 28-32).
Regarding claim 13:
Berner in view of Knecht teaches The support member of claim 12, as set forth above.
Berner further discloses wherein: the outer surface of each sleeve of the pair of sleeves defines an inner side facing a vertical centerline of the front portion of the body (the side closest to the front portion) and an outer side (the side furthest away from the front portion) opposite the inner side; and each compression member is provided on the outer side of a respective sleeve of the pair of sleeves (Fig. 3, wherein compression member 125 is provided on an outer side of sleeve 112 and compression member 124 is provided on an outer side of sleeve 113; in Fig. 3, compression member 124 is also provided on an inner side of sleeve 113; however, it is nonetheless provided on an outer side as well and is therefore provided on an outer side as claimed).
Regarding claim 14:
Berner in view of Knecht teaches The support member of claim 12, as set forth above.
Berner Figs. 1-3 does not expressly disclose wherein each compression member extends from a free end of a respective sleeve of the pair of sleeves toward an edge of the respective sleeve of the pair of sleeves extending from the front portion of the body.
As embodied in Fig. 3, compression member 124 extends from an area configured to overlie an upper arm of a wearer toward an edge of the respective sleeve extending from the front portion, while compression member 125 extends from an area configured to overlie an elbow of a wearer toward an edge of the respective sleeve extending from the front portion.
However and in further view of Berner:
Berner teaches that although the member is a “long-sleeved shirt” (para 39), it “may have the configuration of other shirt-type garments, including short-sleeved shirts” (para 39). Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that it is a short-sleeved shirt and such that each compression member 124, 125 extends from a free end of a respective sleeve of the pair of sleeves of the short-sleeved shirt toward an edge of the respective sleeve of the pair of sleeves of the short-sleeved shirt extending from the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward the edge in each respective sleeve.
Regarding claim 15:
Berner in view of Knecht teaches The support member of claim 14, as set forth above.
Berner does not expressly disclose wherein each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body.
However and in further view of Berner:
Berner teaches “In the configuration of FIGS. 1-3, each of outer layer 117 and inner layer 118 extend through substantially all of regions 111-113, which permits insert elements 121-126 to be secured to any area of apparel 110” (para 39; emphasis provided by Examiner). And Berner further teaches “a majority of layers 117 and 118 are unconnected to each other and lay adjacent to each other, thereby defining areas for receiving insert elements 121-126. That is, insert elements 121-126 may be positioned between unconnected areas of layers 117 and 118”; para 26. Moreover, each compression member “may be removed from apparel 110, as depicted in FIG. 2, and positioned in different locations, as depicted in FIG. 3. Accordingly, each of insert elements 121-126 may be relocated depending upon the particular function of each of insert elements 121-126 and the desires, needs, or preferences of the wearer”; para 24.
It 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 to have modified the modified Berner such that each compression member extends from the free end of the respective sleeve of the pair of sleeves past the edge of the respective sleeve of the pair of sleeves onto the front portion of the body in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a wearer’s body at the location from the free end toward and past the edge in each respective sleeve.
Regarding claim 16:
Berner in view of Knecht teaches The support member of claim 12, as set forth above.
Berner does not expressly disclose wherein each compression member is rectangular in shape.
However and in further view of Berner:
Berner compression member 123 is rectangular in shape (para 30; Figs. 1-3); Berner further teaches “the shapes and sizes of attachment elements 121-126 may vary significantly”; para 30.
It 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 to have modified the modified Berner such that each compression member is rectangular in shape, as is compression member 123, in order to yield the predictable result of providing compression force attenuation, padding, and/or cushioning to a rectangular-shaped portion of the wearer’s body.
Regarding claim 18:
Berner in view of Knecht teaches The support member of claim 12, as set forth above.
Berner further discloses wherein each compression member is formed from neoprene, rubber (“rubber...incorporated into...insert elements 121-126”; para 33), cotton, or polyester.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Berner, US 2010/0024101] and [Knecht, US 4,473,908] as applied to claim 12 above, and further in view of [Ito, US 2019/0037937, previously cited] and [Schofalvi, US 2014/0045962, previously cited].
Regarding claim 17:
Berner in view of Knecht teaches The support member of claim 12, as set forth above.
Berner further discloses wherein: each sleeve of the pair of sleeves has a sleeve elasticity (“at least one of layers 117 and 118 are formed from a textile that stretches at least thirty percent prior to tensile failure”; para 37; see also claim 2 and 18 disclosing both inner and outer layers being formed from textiles that stretch at least thirty percent prior to tensile failure).
Berner does not expressly disclose and each compression member has a compression member elasticity less than the sleeve elasticity.
However and in further view of Berner:
In Berner, the elasticity of the layers of the sleeve are such that “the positions of insert elements 121-126 may be secured through...compression forces from at least outer layer 117” (para 32) and are provided “with a relatively tight fit that stretches (e.g., at least thirty percent prior to tensile failure) to conform with the contours of the wearer. When outer layer 117 stretches, outer layer 117 is placed in tension and applies a compression force to the wearer, as well as to each of insert elements 121-126. In general, the force necessary to overcome friction (i.e., the force that moves insert elements 121-126) is at least partially dependent upon the degree to which insert elements 121-126 and layers 117 and 118 are compressed together. As the compressive force from outer layer 117 increases, therefore, the positions of insert elements 121-126 become more secure. Accordingly, compression forces from at least outer layer 117 may also be utilized to secure the positions of insert elements 121-126 within apparel 110” (para 34).
Compression members 124, 125 are “any of...(a) foam members, gas-filled chambers, or plates that attenuate compression forces (i.e., impart padding or cushioning) to provide impact protection to areas of the wearer where the insert elements are located” (para 24). Berner is silent as to whether either compression member has an elasticity less than the sleeve elasticity.
Berner is silent as to any express value or relative degree of elasticity of sleeve vs compression member.
However, Ito teaches a textile (“fabric”; para 280) configured to provide compression in a garment (para 75) wherein said textile has an elasticity correspondent to an “elastic modulus” of “1.9 MPa or less” (para 128) further wherein “there is a positive correlation between the elastic modulus of a knee supporter and the sense of fixation to the leg of the knee supporter. That is, it has become clear that as the elastic modulus of a knee supporter increases, the compression applied to the leg at the time of wearing may be increased all the more (namely, the tightening force against the leg can be strengthened), and as a result, the sense of fixation to the leg may be improved as the bodily sensation of a wearer” (para 75).
Schofalvi teaches an impact absorbing foam (title, abstract) appropriate for “padding” in wearing apparel (“shoe,...helmet”; para 25) wherein said impact absorbing foam has an elasticity correspondent to “a Young's modulus in the range from about 0.3 to about 75 GPa, or from about 0.3 to about 5 GPa, or from about 0.5 to about 2 GPa, or from about 5 to about 75 GPa, or from about 5 to about 15 GPa” (para 28).
Accordingly, Ito teaches a compression textile having a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less; and Schoflavi teaches an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa. The present disclosure states “A material having a higher, or greater, elasticity than another material stretches a further distance than the other material under the same application of force. A material having a lower, or lesser, elasticity than another material stretches a lesser distance than the other material under the same application of force. Specifically, elasticity may be measured in pounds per square inch (psi) or gigapascals (GPa) using Young's modulus or any other suitable unit for measuring elasticity and strain. For example, when a first material has a greater elasticity than a second material, the first material has a Young's modulus lower or less than the Young's modulus of the second material, e.g., the first material has a lower psi and GPa measurement than the second material. Alternatively, when the first material has a lower elasticity than the second material, the first material has a Young's modulus higher or greater than the Young's modulus of the second material, e.g., the first material has a higher psi and GPa measurement than the second material” (para [0018] as filed) such that an impact absorbing foam having an elasticity correspondent to an elastic modulus about 0.3 to about 75 GPa as taught by Schofalvi has an elasticity which is less a compression textile elasticity correspondent to an elastic modulus of 1.9 MPa or less of Ito insofar as 1.9 MPa is equivalent to 0.0019 GPa.
It 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 to have modified the modified Berner such that each compression member has a compression member elasticity less than the sleeve elasticity in order render each compression member capable of absorbing impact (as suggested by Schofalvi) and to render the sleeve capable of providing compression to a limb (as suggested by Ito). One of ordinary skill would have been confronted with a decision of which materials to use for constructing the support member and would have expected that providing the materials having relative elasticity as claimed would result in the garment being configured to absorb impact and provide compression based on the teachings of Schofalvi and Ito.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
[Grilliot, US 2009/0260125] teaches a “garment...has a body, which has two sleeve mouths, and has two sleeves. Each sleeve is attached to the body by being sewn thereto, along and around a margin of an associated one of the sleeve mouths, so as to extend in a forward direction when unstressed” (Abstract).
[Smith, GB-2541652-A] teaches a garment (Abstract) wherein “padded regions will preferably be arranged to enhance the appearance of the main upper body muscle groups which include the...Triceps” (Abstract) wherein “A moulded pad (proposed material is 100% silicone as this has a natural feel, similar to flesh, but another material such as foam could be chosen during development) is inserted into each knitted fabric pocket, 2, at the chest of the bodice, 12 (Fig.1) to enhance the pectoral muscles...On the inside of each sleeve, a similar technique is used and a knitted fabric piece is attached to form a pocket. In Figure 1, a moulded pad is inserted into each pocket to enhance the...triceps muscle 5 (Fig. 2). Another version of the garment may be developed where part of the pocket is left open so the moulded pad can be removed” (p. 3 line 22 – p. 4 line 5).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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, Khoa Huynh can be reached at 571-272-4888. 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.
/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
Prosecution Insights