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 06/23/2026 is acknowledged.
Claims 1-21 are presented.
Claims 19-20 remain withdrawn.
Claims 1 and 12 are presented in independent form and are amended.
Dependent claim 21 is newly presented.
The present Office action treats claims 1-18 and 21 on the merits.
The present Office action is a final rejection.
Specification
A specification amendment of 06/23/2026 is acknowledged. This amendment is acceptable and is entered.
Response to Arguments
Applicant’s REMARKS of 06/23/2026 are fully considered.
Regarding Objection to the Drawings: Applicant’s arguments are fully considered and are persuasive. Specifically: upon review of the amendment of 06/23/2026 and Applicant’s remarks of 06/23/2026, and upon further review of the disclosure as filed, the drawings objection as applied 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 06/23/2026 and Applicant’s remarks of 06/23/2026, and upon further review of the disclosure as filed, the drawings objection as applied in the previous Office action is overcome. It is noted the amendment has necessitated new drawings objections.
Regarding Nonstatutory Double Patenting Rejections: Applicant’s arguments are fully considered but they are not persuasive. Applicant’s argument that “The rejections are...traversed” is fully considered but is not persuasive insofar as no reason(s) for the traversal is/are provided. It is noted that although the claims presented for examination are altered in scope, the amended claims are subject to provisional nonstatutory double patenting rejections; see rejections below. Applicant’s further argument that the rejection(s) is/are “contingent on the currently pending claim sets of the involved applications. Because claim language in both the present application and the reference application have not yet been finalized, Applicant respectfully defers filing a terminal disclaimer at this time” is fully considered but is not persuasive. Attention is drawn to MPEP 804 which states in relevant part, emphases provided by Examiner.
A complete response to a nonstatutory double patenting (NSDP) rejection is either a reply by applicant showing that the claims subject to the rejection are patentably distinct from the reference claims, or the filing of a terminal disclaimer in accordance with 37 CFR 1.321 in the pending application(s) with a reply to the Office action (see MPEP § 1490 for a discussion of terminal disclaimers). Such a response is required even when the nonstatutory double patenting rejection is provisional.
Regarding Rejections under 35 U.S.C. §102(a)(1) and 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 Rejoinder: Applicant’s arguments are fully considered and are directed to “the feature of amended independent claim 1”. Applicant’s arguments directed to claim 1 are addressed hereinabove. Claims 19-20 remain withdrawn as being drawn to a nonelected invention, there being no allowable generic or linking claim.
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, 11 and 21 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8, 11 and 21, respectively, of copending Application No. 19/042,340 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because each examined application claim would have been obvious over, the reference claim(s):
Regarding claim 1:
Claim 1 of the reference application discloses (wherein it is noted that “a vertical centerline of the front portion of the body” as claimed in the reference application is a front vertical centerline of the front portion of the body insofar as it is of the front portion of the body) all the features of claim 1 presented for examination, except:
Claim 1 presented for examination recites “each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface” while claim 1 of the reference application recites “each sleeve of the pair of sleeves including an inner surface, an outer surface”. However, a person of ordinary skill would have recognized that a sleeve providing an inner surface and an outer surface could be provided as either a unitary layer having inner and outer surfaces or a non-unitary layer having inner and outer surfaces. Therefore, 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 reference application support member such that each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface in order to yield the predictable result of a sleeve whose inner and outer surfaces remain durably secured to the remainder of the garment via the unitary nature of the layer providing the inner and outer surfaces and/or as a choosing from a finite number of identified, predictable solutions (i.e. unitary layer or non-unitary layer), with a reasonable expectation of success of each sleeve being configured to cover an arm of a wearer.
Claim 1 presented for examination recites “a compression member provided on the outer surface” while claim 1 of the reference application recites “a compression member provided between the inner surface and the outer surface”. However, a person of ordinary skill would have recognized that a compression member provided between two surfaces could be provided in such a way that it is on one or both surfaces or is not on one or both surfaces. Therefore, 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 1 reference application support member such a compression member provided on the outer surface in order to yield the predictable result of a sleeve whose compression member is capable of compressing on the location of the garment where the outer surface is provided and/or as a choosing from a finite number of identified, predictable solutions (i.e. on or not on the outer surface), with a reasonable expectation of success of each sleeve and compression member being configured to cover an arm of a wearer.
Regarding claims 2-7:
Claim 1 of the reference application teaches claim 1 of the examined application, as set forth above.
Each of claims 2-7 of the reference application is dependent from claim 1 of the reference application and further discloses, respectively, the additional feature(s) claimed in claim 2-7, respectively, presented for examination, wherein it is noted that the text of each dependent claims 2-7, respectively, is identical to the text of each of dependent claims 2-7, respectively, in the reference application.
Regarding claim 8:
Claim 1 of the reference application teaches claim 1 of the examined application, as set forth above.
Claim 8 of the reference application is dependent from claim 1 of the reference application and further discloses wherein each compression member is formed from neoprene (claim 8), rubber (claim 8), cotton (claim 8), foam, or polyester (claim 8).
Regarding claim 11:
Claim 1 of the reference application teaches claim 1 of the examined application, as set forth above.
Claim 11 of the reference application is dependent from claims 1 and 10 of the reference application and further discloses further comprising: a restriction panel provided on the front portion between the pair of sleeves and extending from a top edge of the front portion toward a bottom edge of the front portion (claim 10);
a protective pad positioned at the front portion of the body, the protective pad having a width that is greater than a width of the restriction panel (claim 11), 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, the inner side of the respective sleeve of the pair of sleeves facing the restriction panel (claim 10).
Regarding claim 21:
Claim 1 of the reference application teaches claim 1 of the examined application, as set forth above.
Claim 21 of the reference application is dependent from claim 1 of the reference application and further discloses the additional feature(s) claimed in claim 21, respectively, presented for examination, wherein it is noted that the text of dependent claim 21 is identical to the text of dependent claims 21 in the reference application.
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, respectively, of copending Application No. 19/042,340 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because each examined application claim would have been obvious over, the reference claim(s):
Regarding claim 12:
Claim 12 of the reference application discloses all the features of claim 1 presented for examination, except:
Claim 12 presented for examination recites “each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface” while claim 12 of the reference application recites “each sleeve of the pair of sleeves including an inner surface, an outer surface”. However, a person of ordinary skill would have recognized that a sleeve providing an inner surface and an outer surface could be provided as either a unitary layer having inner and outer surfaces or a non-unitary layer having inner and outer surfaces. Therefore, 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 reference application support member such that each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface in order to yield the predictable result of a sleeve whose inner and outer surfaces remain durably secured to the remainder of the garment via the unitary nature of the layer providing the inner and outer surfaces and/or as a choosing from a finite number of identified, predictable solutions (i.e. unitary layer or non-unitary layer), with a reasonable expectation of success of each sleeve being configured to cover an arm of a wearer.
Claim 12 presented for examination recites “a compression member provided on the inner surface” while claim 12 of the reference application recites “a compression member provided between the inner surface and the outer surface”. However, a person of ordinary skill would have recognized that a compression member provided between two surfaces could be provided in such a way that it is on one or both surfaces or is not on one or both surfaces. Therefore, 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 reference application support member such a compression member provided on the inner surface in order to yield the predictable result of a sleeve whose compression member is capable of compressing on the location of the garment where the inner surface is provided and/or as a choosing from a finite number of identified, predictable solutions (i.e. on or not on the inner surface), with a reasonable expectation of success of each sleeve and compression member being configured to cover an arm of a wearer.
Regarding claims 13-15 and 17:
Claim 12 of the reference application teaches claim 1 of the examined application, as set forth above.
Each of claims 13-15 and 17 of the reference application is dependent from claim 12 of the reference application and further discloses, respectively, the additional feature(s) claimed in claim 13-15 and 17, respectively, presented for examination, wherein it is noted that the text of each dependent claims 13-15 and 17, respectively, is identical to the text of each of dependent claims 13-15 and 17, respectively, in the reference application.
Regarding claim 18:
Claim 12 of the reference application teaches claim 12 of the examined application, as set forth above.
Claim 18 of the reference application is dependent from claim 12 of the reference application and further discloses wherein each compression member is formed from neoprene (claim 18), rubber (claim 18), cotton (claim 18), foam, or polyester (claim 18).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
“each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface, and a compression member provided on the outer surface” wherein “opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned” of claim 9
“each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface, and a compression member provided on the inner surface” wherein “opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned” of claim 16
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 9-10 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 9 recites new matter in reciting the combination of “each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface, and a compression member provided on the outer surface” as claimed in parent claim 1 and “opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned”. As stated in para 40 of the disclosure as filed in reference to providing a compression member on an outer surface of a unitary layer, emphasis provided by Examiner: “Referring now to FIG. 6A, in another embodiment, a support shirt 10A is depicted with the sleeves 14 including a unitary layer 53 including the outer surface 52 and the inner surface 54 rather than defining the pocket between the outer surface 52 and the inner surface 54. In this embodiment, the compression members 56 are provided on the outer surface 52 of the unitary layer 53” (para 40 as filed).
Claim 10 is rejected if only because it depends from a rejected claim.
Claim 16 recites new matter in reciting the combination of “each sleeve of the pair of sleeves including a unitary layer defining an inner surface and an outer surface, and a compression member provided on the inner surface” as claimed in parent claim 12 and “opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned”. As stated in para 41 of the disclosure as filed in reference to providing a compression member on an inner surface of a unitary layer, emphasis provided by Examiner: “Referring now to FIG. 6B, in another embodiment, a support shirt l0B is depicted with the sleeves 14 including the unitary layer 53 including the outer surface 52 and the inner surface 54 rather than defining the pocket between the outer surface 52 and the inner surface 54. In this embodiment, the compression members 56 are provided on the inner surface 54 of the unitary layer 53.” (para 40 as filed).
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9-10 and 16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 recites “wherein opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned”. However, claim 1, upon which claim 9 depends recites the inner surface and the outer surface are of a unitary layer (see claim 1). As described in the specification, unitary layer 53 has outer and inner surfaces 52 and 54 (see paras 40-41 and Figs. 6A-6B) that, as described in the specification do not define a pocket therebetween (see “rather than defining the pocket”, paras 40-41). Accordingly, it is not clear whether and how a unitary layer as claimed can have surfaces as claimed and form a pocket as claimed. For the purpose of applying art, the limitation is met if a prior art teaches another layer combined with the unitary layer to form the pocket; it is noted that this interpretation is for the purpose of applying art and does not necessarily indicate that such interpretation is subject matter which was described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 10 is rejected if only because it depends from a rejected claim.
Claim 16 recites “wherein opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned”. However, claim 12, upon which claim 16 depends recites the inner surface and the outer surface are of a unitary layer (see claim 1). As described in the specification, unitary layer 53 has outer and inner surfaces 52 and 54 (see paras 40-41 and Figs. 6A-6B) that, as described in the specification do not define a pocket therebetween (see “rather than defining the pocket”, paras 40-41). Accordingly, it is not clear whether and how a unitary layer as claimed can have surfaces as claimed and form a pocket as claimed. For the purpose of applying art, the limitation is met if a prior art teaches another layer combined with the unitary layer to form the pocket; it is noted that this interpretation is for the purpose of applying art and does not necessarily indicate that such interpretation is subject matter which was described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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, 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 02/20/2025].
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 a unitary layer 118 defining an inner surface (the “inner surface of apparel 110 that may contact the wearer when apparel 110 is worn”; unitary layer 118 “defines” this “inner surface”; para 26) and an outer surface (the “surface[]” (para 33) of 118 which is in frictional (para 33) engagement with an insert 124 and/or 125; paras 32-33, and as generally shown in Fig. 4 relative to insert 121), and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided on the outer surface (para 26 and as generally shown in Fig. 4 wherein member 121 is provided on outer surface of 118),
(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).
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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, foam (“foam”; paras 24, 29, 31, 33, 40, 44), or polyester.
Regarding claim 11:
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), a protective pad 126 positioned at the front portion of the body (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.
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.
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) 9-10 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 3 above, and further in view of [Foster, US 5,953,758, newly cited].
Regarding claim 9:
Berner in view of Okajima teaches The support member of claim 3, as set forth above.
Berner does not expressly disclose wherein opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned.
However, Foster teaches opposite edges (see “hidden stitching” of “FIG. 2”, col. 3 lines 17-20, Fig. 2, wherein opposite edges, in addition to top edge 34) of an inner surface 30 of a sleeve are secured (via “hidden stitching”; col. 3 lines 17-20; Fig. 2) to an outer surface (i.e. the “sleeve 20” inside which the inner surface resides; col. 3 lines 21-22) to define a pocket (col. 3 lines 19-25; Fig. 2), the pocket configured to be provided with a member that is positioned within the pocket.
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned in order to yield the predictable result of permitting the securement of the compression member within the location of the garment where the pocket is and/or preventing the compression member from shifting beyond the pocket via the opposite edges being secured to the outer surface.
Regarding claim 10:
Berner in view of Okajima and Foster teaches The support member of claim 9, as set forth above.
The modified Berner further meets the limitation wherein the free end (i.e. the free end which permits insertion and removal of a wearer’s arm therethrough) remains open (so as to permit insertion and removal of the wearer’s arm therethrough) to the pocket (compression member remains removable as described in para 24 of Berner such that compression member is removable from the pocket via an opening thereof such that the free end remains open to pocket).
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) 12-15 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 02/20/2025].
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 a unitary layer 117 defining an inner surface (the “surface[]”of 117 that is in frictional (para 33) engagement with compression members 124 and/or 125) and an outer surface (the surface of 117 that is configured to face away from a wearer), and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided on the inner surface (para 26 and as generally shown in Fig. 4 wherein member 121 is provided on inner surface of 117),
(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).
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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 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, foam (“foam”; paras 24, 29, 31, 33, 40, 44), or polyester.
Claim(s) 16 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 [Foster, US 5,953,758, newly cited].
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned.
However, Foster teaches opposite edges (see “hidden stitching” of “FIG. 2”, col. 3 lines 17-20, Fig. 2, wherein opposite edges, in addition to top edge 34) of an inner surface 30 of a sleeve are secured (via “hidden stitching”; col. 3 lines 17-20; Fig. 2) to an outer surface (i.e. the “sleeve 20” inside which the inner surface resides; col. 3 lines 21-22) to define a pocket (col. 3 lines 19-25; Fig. 2), the pocket configured to be provided with a member that is positioned within the pocket.
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned in order to yield the predictable result of permitting the securement of the compression member within the location of the garment where the pocket is and/or preventing the compression member from shifting beyond the pocket via the opposite edges being secured to the outer surface.
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, 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 a unitary layer 118 defining an inner surface (the “inner surface of apparel 110 that may contact the wearer when apparel 110 is worn”; unitary layer 118 “defines” this “inner surface”; para 26) and an outer surface (the “surface[]” (para 33) of 118 which is in frictional (para 33) engagement with an insert 124 and/or 125; paras 32-33, and as generally shown in Fig. 4 relative to insert 121), and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided on the outer surface (para 26 and as generally shown in Fig. 4 wherein member 121 is provided on outer surface of 118),
(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 Kencht 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, foam (“foam”; paras 24, 29, 31, 33, 40, 44), or polyester.
Regarding claim 11:
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), a protective pad 126 positioned at the front portion of the body (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.
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.
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 Kencht, 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) 9-10 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 3 above, and further in view of [Foster, US 5,953,758, newly cited].
Regarding claim 9:
Berner in view of Knecht teaches The support member of claim 3, as set forth above.
Berner does not expressly disclose wherein opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned.
However, Foster teaches opposite edges (see “hidden stitching” of “FIG. 2”, col. 3 lines 17-20, Fig. 2, wherein opposite edges, in addition to top edge 34) of an inner surface 30 of a sleeve are secured (via “hidden stitching”; col. 3 lines 17-20; Fig. 2) to an outer surface (i.e. the “sleeve 20” inside which the inner surface resides; col. 3 lines 21-22) to define a pocket (col. 3 lines 19-25; Fig. 2), the pocket configured to be provided with a member that is positioned within the pocket.
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned in order to yield the predictable result of permitting the securement of the compression member within the location of the garment where the pocket is and/or preventing the compression member from shifting beyond the pocket via the opposite edges being secured to the outer surface.
Regarding claim 10:
Berner in view of Knecht and Foster teaches The support member of claim 9, as set forth above.
The modified Berner further meets the limitation wherein the free end (i.e. the free end which permits insertion and removal of a wearer’s arm therethrough) remains open (so as to permit insertion and removal of the wearer’s arm therethrough) to the pocket (compression member remains removable as described in para 24 of Berner such that compression member is removable from the pocket via an opening thereof such that the free end remains open to pocket).
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) 12-15 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 a unitary layer 117 defining an inner surface (the “surface[]”of 117 that is in frictional (para 33) engagement with compression members 124 and/or 125) and an outer surface (the surface of 117 that is configured to face away from a wearer), and a compression member 124, 125 (i.e. 125 in sleeve 112 and 124 in sleeve 113; refer to Fig. 3) provided on the inner surface (para 26 and as generally shown in Fig. 4 wherein member 121 is provided on inner surface of 117),
(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 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, foam (“foam”; paras 24, 29, 31, 33, 40, 44), or polyester.
Claim(s) 16 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 [Foster, US 5,953,758, newly cited].
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned.
However, Foster teaches opposite edges (see “hidden stitching” of “FIG. 2”, col. 3 lines 17-20, Fig. 2, wherein opposite edges, in addition to top edge 34) of an inner surface 30 of a sleeve are secured (via “hidden stitching”; col. 3 lines 17-20; Fig. 2) to an outer surface (i.e. the “sleeve 20” inside which the inner surface resides; col. 3 lines 21-22) to define a pocket (col. 3 lines 19-25; Fig. 2), the pocket configured to be provided with a member that is positioned within the pocket.
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 opposite edges of the inner surface of a respective sleeve of the pair of sleeves are secured to the outer surface of the respective sleeve of the pair of sleeves to define a pocket in which the compression member is positioned in order to yield the predictable result of permitting the securement of the compression member within the location of the garment where the pocket is and/or preventing the compression member from shifting beyond the pocket via the opposite edges being secured to the outer surface.
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
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.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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