DETAILED ACTION
This Office actions is based on the amendments filed April 28, 2026 for application 19/081,334. Claims 1, 6, and 13-15 have been amended; claims 1-15 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.
Response to Arguments
Applicant’s arguments field April 28, 2026 have been considered but are moot because they do not apply to the current rejection over Ross (US 5,734,992).
Claim Rejections - 35 USC § 102
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.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ross (US 5,734,992).
Regarding claim 1, Ross discloses a therapeutic compression garment (protective article 30 is capable of providing therapeutic compression) comprising a body portion (arm portion 34 + slack portion 36) having a one-piece cylindrical structure having a top edge (adjacent an upper arm when worn) and a bottom edge (adjacent a wrist when worn and extend to glove portion 32), and at least one adhesive tab (cinching means 38) located outside of the body portion (34+36), wherein the at least one adhesive tab (38) is configured to be pulled forward and attach o the body portion (34+36) to narrow the circumference of the body portion (34+36), wherein the body portion (34+36) is configured to fold over itself when the at least one adhesive tab (38) is pulled forward and attached to the body portion (34+36) to create a fold-over section, and wherein the adhesive tab (38) is unattached to itself when the fold-over section is created (Figs. 4A-4B; column 6, lines 1-43).
Regarding claim 2, the fold-over section of the garment (30) taught by Ross is capable of being trimmed and is therefore trimmable.
Regarding claim 3, Ross discloses that the at least one adhesive tab (38) comprises hook and loop fasteners (column 6, lines 26-29).
Claim Rejections - 35 USC § 103
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 4 and 5 are rejected under 35 U.S.C. 103 as obvious over Ross as applied to claim 1 above, in view of Westlake (US 4,513,740).
Ross 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 Ross 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 Ross as applied to claim 1 above, in view of Westlake as applied to claim 4 above, and in further view of Couri (US 4,523,586).
Regarding claims 6-9, the combination of Ross and Westlake 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 the combination of Ross and Westlake 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, the combination of Ross / Westlake / 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 the combination of Ross / Westlake / Couri to include two of the bands taught by Couri adjacent the top and bottom edges on opposing sides 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 11-15 are rejected under 35 U.S.C. 103 as obvious over Ross as applied to claim 1 above, in view of Westlake as applied to claim 4 above, in further view of Couri as applied to claims 6 and 10 above, and in even further view of Shaw et al. (US 5,918,602).
Regarding claim 11, the combination of Ross / Westlake / Couri discloses the therapeutic compression garment of claim 10 substantially as claimed, as described above, and Ross further discloses a method of donning the therapeutic compression garment (30) comprising inserting a limb of a subject into the one-piece cylindrical structure (34+36) of the therapeutic compression garment (30), positioning the one-piece cylindrical structure (34+36) at a desired position of the limb, folding the body portion (34+36) of the one-piece cylindrical structure, and pulling the at least one adhesive tab (38) forward and attaching the at least one adhesive tab (38) to the body portion (34+36) to narrow the circumference of the body portion (34+36) (Figs. 4A-4B; column 6, lines 1-43).
However, the combination of Ross / Westlake / Couri fails to teach that the method is for the treatment of a circulatory disorder and the limb is in need of therapeutic compression.
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 the combination of Ross / Westlake / 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 and the structure of the garment taught by the combination of Ross / Westlake / Couri would be capable of providing a desired level of compression.
Regarding claim 12, the combination of Ross / Westlake / Couri / 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 the combination of Ross / Westlake / Couri / Shaw to include trimming garment with the fold-over section for the purpose of shortening the garment to best fit a particular user.
Regarding claim 13, the combination of Ross / Westlake / Couri / Shaw discloses the method substantially as claimed, as described above, and Westlake further discloses matching the at least one adhesive tab (28) to the measurement 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 the combination of Ross / Westlake / Couri / Shaw to include matching the at least one adhesive tab to the measurement indicia on the body portion as further 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.
Regarding claims 14 and 15, the combination of Ross / Westlake / Couri / 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 the combination of Ross / Westlake / Couri / 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.
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.
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 7/2/2026
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