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 .
Any References cited but not appearing in any current Form 892 may be found in previous Form 892’s or IDS’s.
Response to Amendment
The amendment to the claims filed on 6/22/2026 is acknowledged. In the amendment claims 1-2, 5-6 and 10 are amended. Claims 1-10 are pending.
The amendment to claim 1 overcomes 101 the rejection with regard to claim 1.
Response to Arguments
Applicant's arguments filed 6/22/2026 have been fully considered but they are not persuasive.
Applicant argues at page 7 of the Remarks:
Walker does not disclose…where the upper and lower fastening assemblies are configured to be positioned directly above and directly below the knee, respectively, and where the at least one looping resistance band is configured to be secured around the legs directly above or directly below the knee.
The distinction is not just whether Walker's lower band is "below the knee" in a broad
anatomical sense. Applicant has amended claim 1 to require a more specific knee-region
configuration: the fastening assemblies are configured to be positioned directly above and directly below the knee, and the looping resistance band is configured to be secured around the legs directly above or directly below the knee. Walker's lower resistance band is not in that claimed directly-below-the-knee position. Walker's lower band is positioned at an ankle or lower-calf region of full-length leggings. An ankle-region band is not the same as a band secured directly below the knee.
Examiner respectfully submits that the argument is not persuasive. “Directly” is defined as “exactly; precisely”, dictionary.com. The fastening assembly and looping resistance bands of Walker are directly below or directly above the knee because they are precisely or exactly below or above the knee in vertical alignment. Accordingly, the arguments are not persuasive.
Applicant’s arguments, see page 8, second paragraph filed 6/22/2026, with respect to the rejection(s) of claim(s) 1 under 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of previously cited Walker (US 2019/0351278) and newly cited Militzer (US 5496282).
Claim Objections
The claims are objected to because of the following informalities: .
Examiner notes that claims 1-7 are on a separate sheet from claims 8-10. Claims 1-7 are in a document type entitled “Claims” but claims 8-10 are a part of the Applicant Arguments/Remarks document section at page 4. The claims should be together and on a separate sheet from the arguments section. (See 37 CFR 1.121 II. A, MPEP section 714)
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 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 1 recites the limitation “the upper fastening assembly and the lower fastening assembly positioned on an outer side of the respective knee compression sleeve” in lines 6-7. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as –one of the upper fastening assemblies and one of the lower fastening assemblies positioned on an outer side of a respective knee compression sleeve--.
As claims 2-10 depend from claim 1, they are rejected for at least the same reasons as claim 1.
Claim 2 recites the limitation “wherein each of the upper fastening assembly and the lower fastening assembly comprises…” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as --wherein each upper fastening assembly and each lower fastening assemblies comprises--.
Claim 5 recites “wherein the at least one looping resistance band is configured to be removably attached to the upper fastening assemblies of each knee compression sleeve and the lower fastener fastening assemblies of the pair of knee compression sleeves simultaneously” which should recite -- wherein the at least one looping resistance band includes two resistance bands and a first of the two resistance bands is configured to be removably attached to the upper fastening assemblies of the pair of knee compression sleeves and a second of the two resistance bands is configured to be removably attached to the lower fastener fastening assemblies of the pair of knee compression sleeves simultaneously--.
Claim 10 recites the limitation "wherein at least one of the upper fastening assembly and the lower fastening assembly comprises a magnetic fastener, a snap fastener, or a button-and-loop assembly" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For the purposes of examination it will be interpreted as -- wherein at least one of the upper and lower fastening assemblies comprises a magnetic fastener, a snap fastener, or a button-and-loop assembly--.
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.
Claim(s) 1-6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 2019/0351278) in view of Militzer (US 5496282) and as evidenced by SmartLoom (See previously attached NPL article entitled, Elastodiene Fibers: Manufacturing, Key Properties, and Their Versatile Applications) with regard to claim 4.
Regarding claim 1, Walker discloses a knee compression sleeve system (Fig. 4) ([0036], [0037], moisture wicking leggings 12 include pant legs which are sleeves which include a portion covering the knee and are made from compression fabrics and are thus a knee compression sleeve system) for resistance training and physical exercise ([0001], [0035], capable of intended use), the knee compression sleeve system comprising: a pair of knee compression sleeves (see annotated Fig. 4 below, [0036], [0037],
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moisture wicking leggings 12 include pant legs which are sleeves which include a portion covering the knee and are made from compression fabrics and are thus a knee compression sleeve on either side), each comprising a stretchable fabric body configured to fit over a knee of a user ([0036], compression fabrics such as spandex are a stretchable fabric body and are configured to fit over a knee of a user as seen in Fig. 4) and surrounding leg region (Fig. 4 shows the leggings fitting over the knee and surrounding leg region); an upper fastening assembly (14) (annotated Fig. 4 above shows upper bands 14 are disposed above the knee and are thus upper fastening assembly; [0044]; Fig. 2; Fig. 8; NOTE: the band attached to the leggings 12 [knee compression sleeve] is a fastening assembly as it is assembled with/attached to the compression sleeve and it fastens the resistance bands to the knee compression sleeves) and a lower fastening assembly (14) ([0043] to [0044]; [0044]; annotated Fig.4 above shows upper bands 14 are disposed above the knee and are thus lower fastening assemblies; Fig. 8; NOTE: the band attached to the leggings 12 [knee compression sleeve] is a fastening assembly as it is assembled with/attached to the compression sleeve and it fastens the resistance bands to the knee compression sleeves) on each knee compression sleeve (annotated Fig. 2 above), the upper fastening assembly and the lower fastening assembly positioned on an outer side of the respective knee compression sleeve (Fig. 4 shows the loops [upper and lower fastening assemblies on an outer side portion of the respective knee compression sleeve) and configured to be positioned directly above and directly below the knee, respectively (NOTE: “Directly” is defined as “exactly; precisely”, dictionary.com. The fastening assemblies and looping resistance bands of Walker are directly below or directly above the knee because they are precisely or exactly below or above the knee in vertical alignment), each of the upper fastening assembly and the lower fastening assembly (annotated Fig.2 above) comprising a strap ([0043], annotated Fig. 2, the loop is a strap); and at least one looping resistance band (22) ([0041]; annotated Fig. 4 above), wherein the at least one looping resistance band is configured to be removably secured to the upper fastening assemblies of the pair of knee compression sleeves or to the lower fastening assemblies of the pair of knee compression sleeves by corresponding straps ([0044]; Fig. 4]; each looping resistance band is secured by loop/strap 14 [upper and lower]), thereby being configured to secure the at least one looping resistance band around legs of the user directly above or directly below the knee in a configuration that provides resistance to movement of the legs during exercise ([0036], at least one resistance band is positioned through a legging loop [fastening assembly] and is thus attachable to the upper fastener of each knee compression sleeve; [0041], the bands are unwrapped by unzipping the zipper and are thus removably attached to the fastener; NOTE: “Directly” is defined as “exactly; precisely”, dictionary.com. The fastening assemblies and looping resistance bands of Walker are directly below or directly above the knee because they are precisely or exactly below or above the knee in vertical alignment with the knee; [0035], capable of intended use of providing resistance), thereby securing the at least one looping resistance band around legs of the user ([0041], resistance bands are wrapped around both legs) in a configuration that provides resistance to movement of the legs during exercise ([0035], capable of intended use).
Walker fails to disclose each of the upper fastening assembly and the lower fastening assembly comprising a strap and a correspondingly mating receiving fastener, wherein each strap is movable between an open position and a closed position in which the strap extends over a portion of a looping resistance band and is coupled to the correspondingly mating receiving fastener to secure the portion of the looping resistance band against the stretchable fabric body; wherein the at least one looping resistance band is configured to be removably secured to the upper fastening assemblies of the pair of knee compression sleeves or to the lower fastening assemblies of the pair of knee compression sleeves by corresponding straps and correspondingly mating receiving fasteners.
Militzer teaches an analogous fastening assembly (54, 78, 80, 82)(Fig. 2; col. 6, lines 8-19), an analogous band (16, 28) and an analogous fabric body (48) (col. 5, lines 34 to 58, the best body has hook and loop and is therefore a fabric body), the fastening assembly comprising an analogous strap (82) (Fig. 2) and a correspondingly mating receiving fastener (80, 84) (Fig. 2), wherein the strap is movable between an open position and a closed position (Fig. 2, col. 6, lines 8 to 19, capable of intended use as the strap 82 moves between an open position as seen in Fig. 2 to a closed position where the hook and pile fasteners meet as the flap 82 is adapted to fold over the tubing 28 [analogous band] and attached upon itself at the hook fabric 84), in which the strap extends over a portion of the analogous band (Fig. 2, col. 6, lines 8-19, the flap 82 is adapted to fold over the tubing 28 [analogous band]) and is coupled to the correspondingly mating receiving fastener to secure the portion of the analogous band against the analogous fabric body (Fig. 2, col. 6, lines 8-19, with the fastener 54 stab stabilization for the tubing [analogous band] is achieved against the belt body 48/fabric body); wherein the at least one analogous band is configured to be removably secured to the analogous fastening assembly by a corresponding strap and correspondingly mating receiving fastener (col.6, lines 8-19, the analogous band is removably secured to the analogous fastening assembly as the hook and loop/pile are connectable and disconnectable from each other thus they are removably secured to the analogous band which can be removed when the fastening assembly is opened).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that the upper fastening assembly and the lower fastening assembly of the knee compression sleeve system of Walker comprising a strap is comprising a strap and a correspondingly mating receiver fastener, wherein each strap is movable between an open position and a closed position in which the strap extends over a portion of a looping resistance band and is coupled to the correspondingly mating receiving fastener to secure the portion of the looping resistance band against the stretchable fabric body, wherein the at least one looping resistance band is configured to be removably secured to the fastening assembly by a corresponding strap and correspondingly mating receiving fastener as taught by Walker, in order to provide an improved knee compression sleeve system for resistance training and physical exercise that provides further stabilization to the at least one looping resistance band (Militzer, col. 6, lines 8-19) and that holds the resistance band against the body (Militzer, col. 5, lines 18-34).
Walker in view of Militzer discloses the invention as described above.
The combination further discloses wherein the at least one looping resistance band is configured to be removably secured to the upper fastening assemblies of the pair of knee compression sleeves or to the lower fastening assemblies of the pair of knee compression sleeves by corresponding straps and correspondingly mating receiving fasteners (in the combination each of the looping resistance bands is configured to be removably secured to the upper fastening assemblies or the lower fastening assemblies by a corresponding strap and correspondingly mating receiving fastener as taught by Militzer and as the fastening assembly teaching of Militzer is applied to the knee compression sleeve system of Walker and as the knee compression sleeve system of Walker comprises a pair of knee compression sleeves with upper and lower fastening assemblies it follows in the combination that wherein the at least one looping resistance band is configured to be removably secured to the upper fastening assemblies of the pair of knee compression sleeves or to the lower fastening assemblies of the pair of knee compression sleeves by corresponding straps and correspondingly mating receiving fasteners).
Regarding claim 2, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
The combination further discloses wherein each of the upper fastener fastening assembly and the lower fastener fastening assembly comprises a hook and loop fastening mechanism (in the combination each of the upper fastening assembly and the lower fastening assemblies of the sleeve system of Walker comprise a hook and loop fastening mechanism, the mechanism as taught Militzer, col. 6, lines 8 to 19).
Regarding claim 3, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses wherein the stretchable fabric body of each knee compression sleeve comprises neoprene, a nylon blend, or a synthetic elastic material suitable for compression wear ([0036], compression fabrics such as spandex [which is a synthetic elastic material]).
Regarding claim 4, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses wherein the at least one looping resistance band comprises latex, synthetic rubber, or another elastic material configured for resistance training ([0038], elastodien is an elastic material [as evidenced by SmartLoom, page 2] configured for resistance training as it is disclosed as being a suitable resistance type fabric).
Regarding claim 5, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
The combination further discloses wherein the at least one looping resistance band is configured to be removably attached to the upper fastening assemblies of each knee compression sleeve and the lower fastener fastening assemblies of the pair of knee compression sleeves simultaneously (Walker, [0041]; Walker Fig. 4 shows two looping resistance bands attached; [0041], the resistance bands are unwrapped by unzipping the zipper and are thus one band is removably attached to the upper fastening assemblies of each knee sleeve and one band is removably attached to the lower fastening assemblies of each knee sleeve; and in the combination Militzer teaches col. 6, lines 8 to 19, the strap 82 of the fastening assembly moves between an open position as seen in Fig. 2 to a closed position where the hook and loop/pile fasteners meet, thus one resistance band of Walker is removably attached to the upper fastening assemblies [which each include the strap and hook/pile mechanism of Militzer] and the other resistance band of Walker is removably attached to the lower fastening assemblies [which each include the strap and hook/pile mechanism of Militzer] simultaneously).
Regarding claim 6, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses wherein the upper fastening assembly and the lower fastening assembly of each knee compression sleeve are positioned on lateral sides of the stretchable fabric body (As seen in Fig. 4, each upper and lower fastener 14 of each leg is positioned on a side portion of the leggings [stretchable fabric body] and are therefore positioned on lateral sides of the stretchable fabric body and in the combination with Militzer each of the fastening assemblies 14 is modified to be a strap and a correspondingly mating fastener).
Regarding claim 8, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses wherein the at least one looping resistance band is configured to maintain a secured position during lateral movements (capable of intended use; [0035], allow for a larger variety of exercise options), without slipping or rolling along the legs of the user ([0041], the user utilizes resistance bands without worry of the bands rolling up or down).
Regarding claim 9, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses wherein the at least one looping resistance band is adapted for use during physical therapy, sprinting, walking, or sports training (capable of intended use; [0033], walking; [0035], large variety of exercises).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 2019/0351278) in view of Militzer (US 5496282) as applied to claim 1 above, and in further view of Weinberg (US 2008/0183118).
Regarding claim 7, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker in view of Militzer does not disclose each knee compression sleeve further comprises a thermal-retentive inner lining configured to provide warmth and support to a knee joint during exercise.
Weinberg teaches apparel ([0041]) comprising a thermal-retentive inner lining ([0021], the invention is a support device that comprises a flexible thermal capacitive elastomer configured to provide compression, padding and/or insulation [0039], the invention is fitted to surround a part of a leg in one example, [0041], the invention is used in lining of apparel and the material has a joint support such as those used for sore knees to provide compression, thermal treatment or comfort) configured to provide warmth and support to a knee joint during exercise ([0041]; capable of intended use of retaining heat [thermal-retentive] ).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that each compression sleeve of the knee-compression sleeve system of Walker in view of Militzer further comprises a thermal-retentive inner lining configured to provide warmth and support to a knee joint during exercise, as taught by Weinberg, in order to provide an improved knee-compression sleeve system that provides compression, thermal treatment or comfort (Weinberg, [0041]).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker (US 2019/0351278) in view of Militzer (US 5496282) as applied to claim 1 above, and in further view of Torres (US 10874898).
Regarding claim 10, Walker in view of Militzer discloses the invention as described above with regard to claim 1.
Walker further discloses that any number of fasteners can be added or taken away (Walker, [0051]).
The combination does not disclose wherein at least one of the upper fastening assembly and the lower fastening assembly comprises a magnetic fastener, a snap fastener, or a button-and-loop assembly.
Torres teaches an analogous system for resistance training (col. 4, lines 46-56) comprising an analogous fabric body (200) (col. 4, lines 53-63, an upper garment is analogous to a fabric body) and at least one analogous looping resistance band (400) (col. 5, lines 17-45), wherein the at least one looping resistance band is removably attached to an analogous fastening assembly (208) (col. 5, lines 4-16, each retainer is for example cylindrical in shape and appears as a loop; col. 5, lines 4-26, each retainer 208 is fastened to itself or the interior of the garment via VELCRO, thus it follows that the band would be removably attached where the fastener is removably attached to the garment), wherein the analogous fastening assembly comprises a magnetic fastener, a snap fastener, or a button-and-loop assembly (col. 5, lines 4-26, buttons snaps is a snap fastener).
It would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to provide that at least one of the upper fastening assembly and the lower fastening assembly of the knee compression sleeve system of Walker in view of Militzer comprises a magnetic fastener, a snap fastener, or a button-and-loop assembly, as taught by Torres in order to provide an improved knee compression sleeve system that facilitates removable coupling of the fastener to the looping resistance band or to the sleeve (col. 5, lines 4-26) and that facilitate adding or taking away fasteners (Walker, [0051]).
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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/G.M./Examiner, Art Unit 3786
/OPHELIA A HAWTHORNE/Primary Examiner, Art Unit 3786
