Double Patenting
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 .
Election/Restrictions
Applicant’s election without traverse of Garment Species B, a combination bottom garment and strap shown in FIGS 2, 6-8, and 10, and corresponding to claims 1-18 and 20 in the reply filed on 27 January 2026 is acknowledged.
Applicant’s election without traverse of Strap Species 1, a hook and loop type fastening shown in FIGS 1-8 and corresponding to claims 1-4 and 7-20 in the reply filed on 27 January 2026 is acknowledged.
Claims 5-6 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 27 January 2026.
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 1-4, 7-18, and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 6-17 of U.S. Patent No. US 12317940 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because reference claims 1-3 and 6-17 have all of the limitations of present claims 1-4, 7-18, and 20. See comparison below.
Present application 19/198,105
Reference patent 12,317,940
1. A sportswear garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb, wherein either: I) the garment is a top or t-shirt and the compression member is located in a sleeve of the top or t-shirt such that, in use, the compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the compression member is located in the leg of the pair of shorts or pair of trousers such that, in use, the compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
1. A blood flow restriction training garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained so as to be obscured or hidden; wherein the integrated adjustable compression member comprises a strap, the strap having a first end, a middle portion, and a second end, wherein the first end of the strap is fixedly secured to an inside of the housing by stitching or by adhering and the second end of the strap is releasably secured to the garment by attaching the second end of the strap to an outside surface of the housing; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is integrated with a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is integrated with a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
2. The garment of claim 1, wherein the compression member comprises an elastic strap configured to be adjustable between a first configuration in which the compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein.
2. The garment of claim 1, wherein the strap is an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
3. The garment of claim 2, wherein the elastic strap has first and second ends, and wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations.
1. A blood flow restriction training garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained so as to be obscured or hidden; wherein the integrated adjustable compression member comprises a strap, the strap having a first end, a middle portion, and a second end, wherein the first end of the strap is fixedly secured to an inside of the housing by stitching or by adhering and the second end of the strap is releasably secured to the garment by attaching the second end of the strap to an outside surface of the housing; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is integrated with a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is integrated with a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
4. The garment of claim 3, wherein the first end of the elastic strap is fixedly secured to the garment and the second end of the elastic strap is configured to be releasably secured to the garment.
1. A blood flow restriction training garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained so as to be obscured or hidden; wherein the integrated adjustable compression member comprises a strap, the strap having a first end, a middle portion, and a second end, wherein the first end of the strap is fixedly secured to an inside of the housing by stitching or by adhering and the second end of the strap is releasably secured to the garment by attaching the second end of the strap to an outside surface of the housing; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is integrated with a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is integrated with a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
7. The garment of claim 4, wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop type fastening.
6. The garment of claim 3, wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
8. The garment of claim 1,further comprising a sleeve or housing in which the compression member is at least partially contained.
1. A blood flow restriction training garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained so as to be obscured or hidden; wherein the integrated adjustable compression member comprises a strap, the strap having a first end, a middle portion, and a second end, wherein the first end of the strap is fixedly secured to an inside of the housing by stitching or by adhering and the second end of the strap is releasably secured to the garment by attaching the second end of the strap to an outside surface of the housing; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is integrated with a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is integrated with a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
16. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained, the housing comprising an inside and an outside surface; wherein the integrated adjustable compression member comprises an elastic strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein; wherein the elastic strap has a first end, a middle portion, and a second end; wherein the first end of the elastic strap is fixedly attached to the inside of the housing by stitching or by adhering; wherein the first end and middle portion of the strap are within the housing; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, the hook and loop fastening comprising hooks and loops; wherein the loops of the hook and loop fastening are positioned on the outside surface of the housing and the hooks of the hook and loop fastening are positioned on the second end of the elastic strap; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
9. The garment of claim 8,wherein the elastic strap has first and second ends, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and, wherein the second end of the elastic strap at least partially protrudes from the sleeve or housing when the elastic strap is in the first configuration.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
10. The garment of claim 9, wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop type fastening, and
wherein one part of the hook and loop fastening is disposed on an exterior surface of the sleeve or housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap.
12. A blood flow restriction training garment comprising: an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained; wherein the integrated adjustable compression member comprises a strap configured to be adjustable between a first configuration in which the integrated adjustable compression member does not compress the at least one major vein and a second configuration in which the strap is under tension and compresses the at least one major vein; wherein the strap has a first end, a middle portion, and a second end, and the first end of the strap is fixedly attached to an inside of the housing by stitching or by adhering and the first end and middle portion of the strap are within the housing; wherein the strap is an elastic strap, wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations, and wherein the second end of the elastic strap at least partially protrudes from the housing when the elastic strap is in the first configuration; wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop fastening, and wherein one part of the hook and loop fastening is disposed on an exterior surface of the housing and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is located in a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is located in a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
11. The garment of claim 1,further comprising indicia to indicate an amount of compression applied by the compression member to the at least one major vein.
11. The garment of claim 1, further comprising indicia to indicate an amount of compression applied by the integrated adjustable compression member to the at least one major vein.
14. The garment of claim 12, further comprising indicia to indicate an amount of compression applied by the integrated adjustable compression member to the at least one major vein.
17. The garment of claim 16, further comprising indicia to indicate an amount of compression applied by the integrated adjustable compression member to the at least one major vein.
12. The garment of claim 2, wherein an underside of the elastic strap is provided with a pad or protrusion configured to apply additional pressure on the user's limb at a position appropriate to restrict blood flow in at least one major vein but to allow blood flow in major arteries.
7. The garment of claim 2 wherein an underside of the elastic strap is provided with a pad or protrusion configured to apply additional pressure on the user's limb at a position appropriate to restrict blood flow in at least one major vein but to allow blood flow in major arteries.
15. The garment of claim 14 wherein an underside of the elastic strap is provided with a pad or protrusion configured to apply additional pressure on the user's limb at a position appropriate to restrict blood flow in at least one major vein but to allow blood flow in major arteries.
13. The garment of claim 12, wherein the pad or protrusion is substantially solid.
8. The garment of claim 7, wherein the pad or protrusion is substantially solid.
14. The garment of claim 12, wherein the pad or protrusion is cushioned.
9. The garment of claim 7, wherein the pad or protrusion is cushioned.
15. The garment of claim 12, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
10. The garment of claim 7, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
16. The garment of claim 13, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
10. The garment of claim 7, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
17. The garment of claim 14, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
10. The garment of claim 7, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
18. The garment of claim 1, further comprising a sleeve or housing in which the compression member is at least partially contained.
10. The garment of claim 7, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable.
20. A sportswear garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb, wherein the garment is a pair of shorts or a pair of trousers and the compression member is located in the leg of the pair of shorts or pair of trousers such that, in use, the compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
1. A blood flow restriction training garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb; and a fabric housing in which the integrated adjustable compression member is at least partially contained so as to be obscured or hidden; wherein the integrated adjustable compression member comprises a strap, the strap having a first end, a middle portion, and a second end, wherein the first end of the strap is fixedly secured to an inside of the housing by stitching or by adhering and the second end of the strap is releasably secured to the garment by attaching the second end of the strap to an outside surface of the housing; and wherein either: i) the garment is a top or t-shirt and the integrated adjustable compression member is integrated with a sleeve of the top or t-shirt such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or ii) the garment is a pair of shorts or a pair of trousers and the integrated adjustable compression member is integrated with a leg of the pair of shorts or pair of trousers such that, in use, the integrated adjustable compression member is positioned over an upper part of the user's thigh proximate to the user's groin.
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, elastic strap having first and second ends (claim 3; the figures only appear to show a single end; this objection may be obviated by providing one or more of the existing figures with a reference number for the first and second ends), the pad or protrusion, its structure and position (claims 12-17) 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 Objections
Claims 1 and 20 are objected to because of the following informalities: amend “the leg” to –a leg—for proper antecedent basis. Appropriate correction is required.
Applicant is advised that should claim 8 be found allowable, claim18 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 20 is objected to because of the following informalities: “integrated” should not be underlined in a new claim. 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 7-10 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.
Claims 7 and 10 are rendered indefinite by the recitation “hook and loop type fastening,” and particularly, the word “type” because it is not clear if the fastening is a hook and loop fastening or a hook and loop “type” fastening, and if it is a “type” fastening, then is this any equivalent fastener or is it a type of hook and loop fastening?
Claim 8 is indefinite because of the recitation “a sleeve or housing” and particularly the word “sleeve.” According to claim 1, the sleeve is a feature of the “top or t-shirt” and not the elected “pair of shorts or trousers.” Further, because a sleeve was already introduced in claim 1, it is not clear if the sleeve of claim 8 is the same as or in addition to the sleeve of claim 1.
Claim 10 twice recites the limitation "the hook and loop fastening". There is insufficient antecedent basis for this limitation in the claim. Is this referring to the hook and loop type fastening or introducing a new hook and loop fastening?
Claim 10 is indefinite because it cannot be determined to which of the two sleeves (claim 1, claim 8) “the sleeve” is referring.
Claim Rejections - 35 USC § 102
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.
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.
Claim(s) 1-4, 7-18, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ceravolo (US 4894867 A).
As to claim 1, Ceravolo discloses a sportswear garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb (“Sports trunk,” title, capable of compressing at least one major vein such as when strap 62 is placed over a major vein and tightened), wherein either:
i) the garment is a top or t-shirt and the compression member is located in a sleeve of the top or t-shirt such that, in use, the compression member is positioned over an upper part of the user's arm proximate to the user's armpit; or
ii) the garment is a pair of shorts or a pair of trousers (col 3 line 35 discloses shorts) and the compression member is located in the leg of the pair of shorts or pair of trousers (strap 62 is located in a leg 34) such that, in use, the compression member is positioned over an upper part of the user's thigh proximate to the user's groin (col 3 line 43 discloses the leg portions are thigh length, and see at least FIG 1 which shows strap 62 positioned over an upper part of the thigh proximate the groin).
As to claim 2, Ceravolo discloses the garment of claim 1, wherein the compression member comprises an elastic strap (the compression member includes 62 which comprises elastic portion 68) configured to be adjustable between a first configuration in which the compression member does not compress the at least one major vein and a second configuration in which the elastic strap is under tension and compresses the at least one major vein (FIG 4a discloses an ”open configuration” which corresponds to the claimed first configuration and FIGS 4b and 4c disclose configurations where the strap is tightened around the thigh which corresponds to the claimed second configuration).
As to claim 3, Ceravolo discloses the garment of claim 2, wherein the elastic strap has first and second ends (at least to the degree disclosed by Applicant, where the first end is at 54 in FIGS 3 and 4a, and the strap necessarily has a second end), and wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations (the second end at 54 is movable as shown in FIGS 4a-4c).
As to claim 4, Ceravolo discloses the garment of claim 3, wherein the first end of the elastic strap is fixedly secured to the garment and the second end of the elastic strap is configured to be releasably secured to the garment (the first end is necessarily fixedly secured to the garment within 70, otherwise it would come all the way out of 70 when pulled and would not function to tighten the leg portion, the second end is releasably secured via hook and loop 54 and 46).
As to claim 7, Ceravolo discloses the garment of claim 4, wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop type fastening (col 4 line 9-10 discloses hook and pile which is another name for hook and loop).
As to claim 8, Ceravolo discloses the garment of claim 1,further comprising a sleeve or housing in which the compression member is at least partially contained (fold 70).
As to claim 9, Ceravolo discloses the garment of claim 8,wherein the elastic strap has first and second ends (at least to the degree disclosed by Applicant, where the first end is at 54 in FIGS 3 and 4a, and the strap necessarily has a second end), wherein at least one of the first and second ends is moveable relative to the other of the first and second ends so as to adjust the elastic strap between the first and second configurations (the second end at 54 is movable as shown in FIGS 4a-4c, where FIG 4A corresponds to the first configuration and FIGS 4b-4c correspond to second configurations), and wherein the second end of the elastic strap at least partially protrudes from the sleeve or housing when the elastic strap is in the first configuration (FIG 4A).
As to claim 10, Ceravolo discloses the garment of claim 9, wherein the second end of the elastic strap is releasably secured to the garment by a hook and loop type fastening (col 4 line 9-10 discloses hook and pile which is another name for hook and loop), and
wherein one part of the hook and loop fastening is disposed on an exterior surface of the sleeve or housing (46) and a complementary part of the hook and loop fastening is disposed at or proximate to the second end of the elastic strap (54).
As to claim 11, Ceravolo discloses the garment of claim 1,further comprising indicia to indicate an amount of compression applied by the compression member to the at least one major vein (please note that there is no claimed structure for the indicia and the term “indicia” does not impart any particular structure; when looking at the position of the strap between FIGS 4a-4c, one would be able to determine the amount of compression applied, where FIG 4a shows the least compression and FIG 4c shows the most compression).
As to claim 12, Ceravolo discloses the garment of claim 2 or any one of claims 3 to 11 depending from claim 2, wherein an underside of the elastic strap is provided with a pad or protrusion configured to apply additional pressure on the user's limb at a position appropriate to restrict blood flow in at least one major vein but to allow blood flow in major arteries (at least to the degree shown in Applicant’s figures, which do not show a pad or protrusion, Ceravolo 46 is broadly considered to be a pad or protrusion that is capable of applying additional pressure on the user’s limb due to applying additional weight to the shorts on the user’s limb).
As to claim 13, Ceravolo discloses the garment of claim 12, wherein the pad or protrusion is substantially solid (46 is hook and loop as disclosed in col 4 line 5-10, and hook and loop is in a solid state of matter).
As to claim 14, Ceravolo discloses the garment of claim 12, wherein the pad or protrusion is cushioned (the hook and loop is cushioned by 70 toward the interior side and 54 toward the exterior side when 46 and 54 are fastened in the configuration shown in FIGS 4b-4c).
As to claim 15, Ceravolo discloses the garment of claim 12any one of claims 12 to 14, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable (capable of being adjusted and intended to be adjusted; FIGS 4a-4c show three different positions of 46 relative to 62).
As to claim 16, Ceravolo discloses the garment of claim 13, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable (capable of being adjusted and intended to be adjusted; FIGS 4a-4c show three different positions of 46 relative to 62).
As to claim 17, Ceravolo discloses the garment of claim 14, wherein a position of the pad or protrusion along the length of the elastic strap is adjustable (capable of being adjusted and intended to be adjusted; FIGS 4a-4c show three different positions of 46 relative to 62).
As to claim 18, Ceravolo discloses the garment of claim 1, further comprising a sleeve or housing in which the compression member is at least partially contained (70).
As to claim 20, Ceravolo discloses a sportswear garment comprising an integrated adjustable compression member to compress at least one major vein in a user's limb such that blood flow through the at least one major vein is restricted while permitting blood flow through major arteries in the user's limb (“Sports trunk,” title, capable of compressing at least one major vein such as when strap 62 is placed over a major vein and tightened), wherein the garment is a pair of shorts or a pair of trousers (col 3 line 35 discloses shorts) and the compression member is located in the leg of the pair of shorts or pair of trousers (strap 62 is located in a leg 34) such that, in use, the compression member is positioned over an upper part of the user's thigh proximate to the user's groin (col 3 line 43 discloses the leg portions are thigh length, and see at least FIG 1 which shows strap 62 positioned over an upper part of the thigh proximate the groin).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732