DETAILED ACTION
This is the initial Office action for non-provisional application 19/081,334 filed March 17, 2025, which is a continuation of non-provisional application 17/175,089 (now US Patent 12,274,656) filed February 12, 2021, which is a continuation of non-provisional application 15/451,176 (now US Patent 10,918,557) filed March 6, 2017, which is a continuation of non-provisional application 13/943,937 (now US Patent 9,707,132) filed July 17, 2013, which is a continuation-in-part of non-provisional application 12/952,065 (now US Patent 10,117,784) filed November 22, 2010, which claims priority from provisional application 61/264,213 filed November 24, 2009. Claims 1-15, as originally filed, are currently pending.
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 . In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Claim Objections
Claim 1 is objected to because it appears that the limitation “attached attach” in line 8 should be “attached
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 13-15 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 13 recites the limitation “the measurement indicia”; however, there is insufficient antecedent basis for this limitation in the claims since claim 13 only depends from claims 11, 10, 6, and 1 but not claim 4 which introduces “measurement indicia”. For examination purposes, the above limitation has been interpreted as “
Claim 14 recites the limitation “the user”; however, there is insufficient antecedent basis for this limitation in the claims. For examination purposes, the above limitation has been interpreted as “the subject” as previously recited in claim 11.
Claim 15 recites the limitation “the fastener at the free end”; however, there is insufficient antecedent basis for “the fastener” and “the free end” since claim 15 only depends from 11, 10, 6, and 1 but not claim 9 which introduces “a fastener tab at a free end”. For examination purposes, the above limitation has been interpreted as “a fastener at a free end”.
Claim Rejections - 35 USC § 102 / 103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1 and 3 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bauerfeind et al. (US 5,743,866) as evidenced by or, in the alternative, in view of McDowell et al. (US 5,674,189).
Bauerfeind discloses a therapeutic compression garment (bandage 1 is capable of applying compression) comprising a body portion (part 3) comprising a one-piece cylindrical structure having a top edge and a bottom edge, and at least one adhesive tab (straps 4, 5, 6, 7) located on an outside of the body portion (3), wherein the at least one adhesive tab (4, 5, 6, 7) is configured to pull forward and attach to the body portion (3) to narrow a circumference of the body portion (3), wherein the at least one adhesive tab (4, 5, 6, 7) comprises hook and loop fasteners (hook-and-loop fastening 12/13) (Fig. 1; column 2, lines 35-58).
Although Bauerfeind does not expressly teach that the body portion (3) is configured to fold over itself when the at least one adhesive tab (4, 5, 6, 7) is pulled forward and attached to the body portion (3) to create a fold-over section, the flexibility of the material forming the part (3) with the longitudinal strip (2) would be capable of folding over itself to create a fold-over section as evidenced by McDowell.
McDowell discloses a therapeutic compression garment (tube 20 is capable of applying compression) comprising a body portion (sidewall 30) comprising a one-piece cylindrical structure having a top edge and a bottom edge, and at least one adhesive strip (fastening strips 40) located on an outside of the body portion (30), wherein the at least one adhesive strip (40) is configured to pull forward and attach to the body portion (30) to narrow a circumference of the body portion (30), and wherein the body portion (30) is configured to fold over itself when the at least one adhesive strip (40) is pulled forward and attached to the body portion (30) to create a fold-over section (crease 50) (Figs. 1-3; column 27-33 & 60-62; column 4, lines 1-14).
Therefore, if the structure of the body portion of the garment taught by Bauerfeind is not inherently capable of folding over itself to create a fold-over section, then it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the body portion of the garment taught by Bauerfeind to be configured to fold over itself when the at least one adhesive tab is pulled forward and attached to the body portion to create a fold-over section as taught by McDowell for the purpose of allowing the diameter of the body portion to vary along the length of the garment in accordance with the varying contour of the limb underlying the garment.
Claim 2 is rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Bauerfeind as evidenced by or, in the alternative, in view of McDowell as applied to claim 1 above, and as further evidenced by or, in the alternative, in view of Shaw et al. (US 5,918,602).
Bauerfeind, either as evidenced by or in view of McDowell, discloses the invention substantially as claimed, as described above, and although Bauerfeind does not expressly teach that the fold-over section is trimmable, the flexibility of the material forming the part (3) with the longitudinal strip (2) would be capable of being trimmed as evidenced by Shaw.
Shaw discloses a therapeutic compression garment (therapeutic garment) comprising a body portion (sleeve 50 formed from an essentially cylindrically formed fabric, such as a sock or tube) and at least one adhesive tab (bands 11), wherein the body portion (50) is capable of folding over itself when the at least one adhesive tab (11) is pulled forward and attached to another adhesive tab (11) to create a fold-over section, and wherein the garment including the body portion (50) with the fold-over section can be trimmed to shorten the length of the garment (Fig. 8; column 4, lines 64-65).
Therefore, if the structure of the body portion with the fold-over section of the garment taught by Bauerfeind, either as evidenced by or in view of McDowell, is not inherently capable of being trimmed, then it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the fold-over section of the garment taught by Bauerfeind to be trimmable as taught by Shaw for the purpose of shortening the garment to best fit a particular user.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as obvious over Bauerfeind as evidenced by or, in the alternative, in view of McDowell as applied to claim 1 above, and in further view of Westlake (US 4,513,740).
Bauerfeind, either as evidenced by or in view of McDowell, discloses the invention substantially as claimed, as described above, but fails to teach measurement indicia printed on the outside of the body portion along the top edge, the bottom edge, or along a mid-section of the body portion.
Westlake discloses a therapeutic compression garment (therapeutic stocking 10) comprising a body portion (panels 20, 22) and measurement indicia (indicia I) printed on an outside of the body portion (20, 22) along a top edge (end edge 26a), the bottom edge (end edge 26b), or along a mid-section of the body portion (20, 22) (Fig. 3; column 3, lines 8-23).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the fold-over section of the garment taught by Bauerfeind, either as evidenced by or in view of McDowell, to include measurement indicia printed on the outside of the body portion along the top edge, the bottom edge, or along a mid-section of the body portion as taught by Westlake for the purpose of facilitating placement of the at least one adhesive tab about a wearer’s limb to provide an appropriate level of compression.
Claims 6-10 are rejected under 35 U.S.C. 103 as obvious over Bauerfeind as evidenced by or, in the alternative, in view of McDowell as applied to claim 1 above, and in view of Couri (US 4,523,586).
Regarding claims 6-9, Bauerfeind, either as evidenced by or in view of McDowell, discloses the invention substantially as claimed, as described above, but fails to teach at least one band attached the outside of the body portion, wherein the at least one band is configured to tighten the garment around a limb of a user, wherein the at least one band comprises an elastic material, and wherein the at least one band comprises a fastener tab at a free end of the at least one band.
Couri discloses a therapeutic compression garment (protective cover is capable of applying compression) comprising a body portion (bag 16), at least one adhesive tab (apex 22) located on an outside of the body portion (16) and configured to pull forward and attach to the body portion (16) to narrow a circumference of the body portion (16) and create a fold-over section, and at least one band (elastic band 18) attached the outside of the body portion (16), wherein the at least one band (18) is configured to tighten the garment around a limb of a user, wherein the at least one band (18) comprises an elastic material, and wherein the at least one band (18) comprises a fastener tab (mating fastener 44) at a free end (end 42) of the at least one band (18) (Figs. 1-8; column 3, lines 57-68; column 4, lines 1-47).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the garment taught by Bauerfeind, either as evidenced by or in view of McDowell, to include at least one elastic band attached the outside of the body portion and configured to tighten the garment around a limb of a user with a fastener tab at a free end of the at least one band as taught by Couri for the purpose of assuring a snug fit of the garment.
Regarding claim 10, Bauerfeind, either as evidenced by or in view of McDowell, in view of Couri discloses the invention substantially as claimed, as described above, but fails to expressly teach at least two guide bands located on opposite sides of the body portion.
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the garment taught by Bauerfeind, either as evidenced by or in view of McDowell, in view of Couri to include two of the bands taught by Couri adjacent each open end of the body portion since it has been held that mere duplication of the essential working parts of a device has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Claims 11, 12, 14, and 15 are rejected under 35 U.S.C. 103 as obvious over Bauerfeind as evidenced by or, in the alternative, in view of McDowell as applied to claim 1 above, in view of Couri as applied to claims 6 and 10 above, and in further view of Shaw et al. (US 5,918,602).
Regarding claim 11, Bauerfeind, either as evidenced by or in view of McDowell, in view of Couri discloses the therapeutic compression garment of claim 10 substantially as claimed, as described above, and Bauerfeind further discloses a method of donning the therapeutic compression garment comprising inserting a limb of a subject into the one-piece cylindrical structure (3) of the therapeutic compression garment (1), positioning the one-piece cylindrical structure (3) at a position of the limb in need of therapeutic compression, and pulling the at least one adhesive tab (4, 5, 6, 7) forward and attaching the at least one adhesive tab (4, 5, 6, 7) to the body portion (3) to narrow the circumference of the body portion (3) (Fig. 1; column 2, lines 35-58).
However, Bauerfeind fails to teach folding the body portion of the one-piece cylindrical structure.
McDowell discloses a method of donning a therapeutic compression garment (tube 20 is capable of applying compression) comprising inserting a limb of a subject into a one-piece cylindrical structure (sidewall 30) of the therapeutic compression garment (20), positioning the one-piece cylindrical structure (30) at a position on the limb in need of therapeutic compression, folding a body portion (sidewall 30) of the one-piece cylindrical structure (30), and pulling at least one adhesive strip (fastening strips 40) forward and attaching the at least one adhesive strip (40) to the body portion (30) to narrow a circumference of the body portion (30) (Figs. 1-3; column 27-33 & 60-62; column 4, lines 1-14).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by Bauerfeind to include folding the body portion of the one-piece cylindrical structure as taught by McDowell for the purpose of allowing the diameter of the body portion to vary along the length of the garment in accordance with the varying contour of the limb underlying the garment.
However, Bauerfeind in view of McDowell and Couri fails to teach that the method is for the treatment of a circulatory disorder.
Shaw discloses a method of donning a therapeutic compression garment (therapeutic garment) for the treatment of a circulatory disorder comprising inserting a limb of a subject into a one-piece cylindrical structure (sleeve 50 formed from an essentially cylindrically formed fabric, such as a sock or tube) of the therapeutic compression garment, positioning the one-piece cylindrical structure (50) at a position on the limb in need of therapeutic compression, folding a body portion (sleeve 50) of the one-piece cylindrical structure (50), and pulling at least one adhesive tab (bands 11) forward to narrow a circumference of the body portion (Fig. 8; column 3, lines 53-67; column 4, lines 1-11; column 6, lines 24-48; column 9, lines 15-53).
Therefore, it would been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by Bauerfeind in view of McDowell and Couri to be use for the treatment of a circulatory disorder as taught by Shaw since compression is well known in the art to aid circulation in limbs by forcing fluid to flow through the circulatory system.
Regarding claim 12, Bauerfeind in view of McDowell, Couri, and Shaw discloses the method substantially as claimed, as described above, and Shaw further discloses trimming the garment including the body portion (50) with the fold-over section to shorten the length of the garment (Fig. 8; column 4, lines 64-65).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by Bauerfeind in view of McDowell, Couri, and Shaw to include trimming garment with the fold-over section for the purpose of shortening the garment to best fit a particular user.
Regarding claims 14 and 15, Bauerfeind in view of McDowell, Couri, and Shaw discloses the method substantially as claimed, as described above, and Couri further discloses tightening the garment around the limb of the subject using the at least one band (18) and attaching a fastener (mating fastener 44) at a free end (end 42) of the at least one band (18) to the body portion (16) (Figs. 1-8; column 3, lines 57-68; column 4, lines 1-47).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by Bauerfeind in view of McDowell, Couri, and Shaw to include tightening the garment around the limb of the user using the at least one band and attaching a fastener at a free end of the at least one band to the body portion as further taught by Couri for the purpose of assuring a snug fit of the garment.
Claim 13 is rejected under 35 U.S.C. 103 as obvious over Bauerfeind as evidenced by or, in the alternative, in view of McDowell as applied to claim 1 above, in view of Couri as applied to claims 6 and 10 above, in view of Shaw as applied to claim 11 above, and in further view of Westlake (US 4,513,740).
Bauerfeind in view of McDowell, Couri, and Shaw discloses the method substantially as claimed, as described above, but fails to teach matching the at least one adhesive tab to measurement indicia on the body portion.
Westlake discloses a method of donning a therapeutic compression garment (therapeutic stocking 10) comprising inserting a limb of a subject into a body portion (panels 20, 22) of the therapeutic compression garment, positioning the body portion (20, 22) at a position on the limb in need of therapeutic compression, pulling at least one adhesive tab (first loop fastening strip 28) forward and attaching the at least one adhesive tab (28) to the body portion (20, 22) to narrow the circumference of the body portion (20, 22), and matching the at least one adhesive tab (28) to measurement indicia (indicia I) on the body portion (20, 22) (Figs. 2-3; column 3, lines 8-23).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the method taught by Bauerfeind in view of McDowell, Couri, and Shaw to include matching the at least one adhesive tab to measurement indicia on the body portion as taught by Westlake for the purpose of facilitating placement of the at least one adhesive tab about a wearer’s limb to provide an appropriate level of compression.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Scott et al. (US 7,135,007), Bennett (US 6,554,786), Clement (US 5,711,031), and Bart (US 4,736,088).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E. Bredefeld, can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 1/23/2026