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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the suspenders, removable pad, and pocket 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.
Specification
The use of the term “Velcro”, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Objections
Claim 1 objected to because of the following informalities: “a compression element for exerting a compression on the genital region and/or the pelvic region of the patient” should be “a compression element configured to exert a compression on at least one of the genital region and the pelvic region of the patient” in lines 3-4. Appropriate correction is required.
Claim 6 objected to because of the following informalities: “a pressure is exerted by the waistband on the waist region and/or the hip region of the patient, wherein the amount of pressure exerted by the waistband on the waist region and/or the hip region of the patient depends on the selected position of the detachable fastening elements” should be “a pressure is exerted by the at least one waistband on at least one of the waist region and the upper hip region of the patient, wherein the pressure exerted by the at least one waistband on the at least one of the waist region and the upper hip region of the patient depends on the selected position of the detachable fastening elements” in lines 3-6. Appropriate correction is required.
Claim 7 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 1. Appropriate correction is required.
Claim 12 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 2. Appropriate correction is required.
Claim 13 objected to because of the following informalities: “the hip region” should be “the upper hip region” in line 4. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “a compression element for exerting a compression on the genital region and/or the pelvic region of the patient” should be “a compression element configured to exert a compression on at least one of the genital region and the pelvic region of the patient” in lines 3-4. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 16. Appropriate correction is required.
Claim 17 objected to because of the following informalities: “the waistband” should be “the at least one waistband” in line 23. Appropriate correction is required.
Claim 18 objected to because of the following informalities: “a pressure is exerted by the waistband on the waist region and/or the hip region of the patient, wherein the amount of pressure exerted by the waistband on the waist region and/or the hip region of the patient depends on the selected position of the detachable fastening elements” should be “a pressure is exerted by the at least one waistband on at least one of the waist region and the upper hip region of the patient, wherein the pressure exerted by the at least one waistband on at least one of the waist region and the upper hip region of the patient depends on the selected position of the detachable fastening elements.” in lines 3-6. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: Such claim limitation(s) is/are: “non-detachable fastening means (written specification: paragraph 0008)” in claim 1, “means of the detachable fastening elements (written specification: paragraph 0008/0011)” in claim 7, “non-detachable fastening means (written specification: paragraph 0008)” in claim 17, “detachable fastening elements (written specification: paragraph 0008/0011)” in claim 17, and “detachable fastening elements (written specification: paragraph 0008/0011)” in claim 18.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 and 17 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 2-16 and 18-19 are also rejected due to their dependency on claim 1.
Regarding claim 1’s limitation “wherein the compression element is permanently fastened to the pants part by non-detachable fastening means”, it is unclear on what applicant is claiming. In the drawings of the instant application, specifically figure 4, it shows that the compression element (1) is not permanently fastened to the pants part (2). Examiner examined the claim as best understood.
Regarding claim 17’s limitation “wherein the compression element is permanently fastened to the pants part by non-detachable fastening means”, it is unclear on what applicant is claiming. In the drawings of the instant application, specifically figure 4, it shows that the compression element (1) is not permanently fastened to the pants part (2). Examiner examined the claim as best understood.
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.
Claims 1, 5-8, 10, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Odate (JP 7262716 B2).
Regarding claim 1, Odate discloses compression trousers (1 – figure 1, belted pants: paragraph 0025) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [1] applies pressure to the lower abdominal portion above the pubic bone to reduce swelling of the lower abdomen due to loosening of the pelvic floor muscles and abdominal wall muscles: paragraph 0016-0019), the compression trousers (1) comprising: a compression element (10aw – figure 1/figure 9, a cylindrical waist part that is a part of the pants body [10 – figure 1] that is made of highly stretchable member that covers the lower abdomen; can be made of stretch fabric nylon with elasticity: paragraph 0025/0027/0038) for exerting a compression on the genital region and/or the pelvic region of the patient (figure 1/figure 9, the compression element [10aw] applies pressure to the lower abdomen above the pubic bone via the belt portions: paragraph 0015), a pants part (10 – figure 1, a pants body: paragraph 0025), detachable fastening elements (20/21 – figure 1, a female fastening portion comprising the loop portion [20] and a male fastening portion comprising the hook portion [21]: paragraph 0032/0058) and at least one waistband (11/12 – figure 1, a first belt portion [11] and a second belt portion [12]: paragraph 0025) which is non-detachably fastened to or molded onto the compression element (10aw) (figure 1/figure 4, the at least one waistband [11/12] is fixed to the compression element [10aw] via sewing: paragraph 0028/0030), wherein the at least one waistband (11/12) is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the at least one waistband [11/12] fastens together via the detachable fastening elements [20/21]: paragraph 0058), and wherein the compression element (10aw) is permanently fastened to the pants part (10) by non-detachable fastening means (figure 1/figure 9, the compression element [10aw] is a part of the pants part [10] and is attached to the pants part [10]: paragraph 0014-0015) and the pants part (10) is fully enclosing at least the pelvic region of the patient, when the compression trousers (1) are donned to a patient (figure 9, the pants part [10] encloses at least the pelvic region of the patient when the compression trousers [1] is worn).
Regarding claim 5, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the compression element (10aw) is formed as a one-piece bag or as a one-piece apron made of an elastic textile material (the compression element [10aw] resembles a one-piece bag that encloses around the lower abdomen; it is highly elastic and is made of nylon: paragraph 0038).
Regarding claim 6, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the detachable fastening elements (20/21) are configured to be fixed in different positions in a circumferential direction of the patient, wherein, when the detachable fastening elements (20/21) are fastened in a selected position, a pressure is exerted by the waistband (11/12) on the waist region and/or the hip region of the patient, wherein the amount of pressure exerted by the waistband on the waist region and/or the hip region of the patient depends on the selected position of the detachable fastening elements (21) (figure 1/figure 11, the waistband [11/12] comprising the detachable fastening elements [20/21] allows users to fix the waistband [11/12] in different positions around the patient, which impacts the amount of pressure exerted on the waist/hip region: paragraph 0041-0042/0048).
Regarding claim 7, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the waistband (11/12) comprises a first band section (110/111 – figure 1, first belt pieces: paragraph 0021) and a second band section (120/121 – figure 1, second belt pieces: paragraph 0021), wherein the first band section (110/111) and the second band section (120/121) are permanently fastened to the compression element (10aw) (figure 1, the first band [110/111] section is permanently fastened to the compression element [10aw] via longitudinal central portion [11c – figure 4] and the second band section [120/121] is permanently fastened to the compression element [10aw] via central portion [12c – figure 1], respectively: paragraph 0028/0030), wherein the first band section (110/111) and the second band section (120/121) are configured to be connected to one another by means of the detachable fastening elements (20/21) (figure 1/figure 2/figure 3, the first band section [110/111] fastens to the second band section [120/121] connect together via the detachable fastening elements [20/21]: paragraph 0058).
Regarding claim 8, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the detachable fastening elements (20/21) are designed as a hook-and-loop fastener or as a hook fastener (the detachable fastening elements are hook and loop fasteners: paragraph 0058), wherein the detachable fastening elements (20/21) are arranged in an end section of the waistband (figure 1/figure 4, the detachable fastening elements [20/21] are arranged at the end section of the waistband [11/12] relative to where the longitudinal central portion [11c – figure 4] and central portion [12c – figure 1]).
Regarding claim 10, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the at least one waistband (11/12) is fastened to the compression element (10aw) with an inseparable connection (the at least one waistband [11/12] is sewn to the compression element [10aw]: paragraph 0028/0030), wherein the inseparable connection is located in an abdominal region or a pelvic region of the patient when the waistband (11/12) is put on (figure 1/figure 4, the at least one waistband [11/12] is sewn at the longitudinal central portion [11c – figure 4] and central portion [12c – figure 1], which is located on the compression element [10aw] that surrounds the lower abdomen: paragraph 0028/0030/0038/0057).
Regarding claim 14, Odate discloses the invention as discussed in claim 1. Odate further discloses wherein the pants part (10) is comprising at least one of an elastic waistband and a tunnel waistband in a waist area of the pants part (10w – figure 1/figure 9, the waistband portion has a through hole in which a band-shaped rubber cord is inserted through the through hole that assists with fitting of the pants part [10]: paragraph 0025-0026/0037).
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 9, 11-12, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Agud et al. (US 20220378624 A1) in view of Bigelow (US 20140350509 A1).
Regarding claim 1, Agud et al. discloses compression trousers (10 – figure 1, a garment that is worn around the user’s pelvic girth: paragraph 0031) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [10] is a compression garment for lymphoedema treatment: paragraph 0002), the compression trousers (10) comprising: a compression element (40 – figure 1, a layer of contention textile on the inner side of the main body [12 – figure 1] that is capable of stiffening the area it covers to contain the edema swelling: paragraph 0103) for exerting a compression on the genital region and/or the pelvic region of the patient (the compression element [40] is intended to extend at least against a user’s pubic area: paragraph 0016), a pants part (12/14/16/18/20 – figure 1, a main body [12] comprising a first part [14], second part [16]; the first part [14] comprises two parts [18/20] that wraps around the user’s thigh: paragraph 0060-0063), and wherein the compression element (40) is permanently fastened to the pants part (12/14/16/18/20) by non-detachable fastening means (figure 1, the compression element [40] is coated onto the inner side of the pants part [12/14/16/18/20]: paragraph 0103) and the pants part (12/14/16/18/20) is fully enclosing at least the pelvic region of the patient, when the compression trousers (10) are donned to a patient (figure 1, the pants part [12/14/16/18/20] encloses the pelvic region when the compression trousers [10] are donned to a patient: paragraph 0031).
However, Agud et al. fails to disclose detachable fastening elements and at least one waistband which is non-detachably fastened to or molded onto the compression element, wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements.
Bigelow teaches detachable fastening elements (14/16 – figure 1, opening portions that comprise of hook and loop fasteners: paragraph 0020) and at least one waistband (12 – figure 1, a waist encircling member: paragraph 0020) which is non-detachably fastened to or molded onto an analogous compression element (24 – figure 1, a shorts made of a stretchable material: paragraph 0021) (figure 1, the shorts [24] are non-removably secured to the bottom edge [20 – figure 1] of the at least one waistband [12]: paragraph 0021), wherein the at least one waistband (12) is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements (14/16) (figure 1, the at least one waistband [12] is configured to be fastened in the abdominal cavity via the detachable fastening elements [14/16]: paragraph 0020).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the compression element of Agud et al. with detachable fastening elements and at least one waistband which is non-detachably fastened to the compression element and wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient by the detachable fastening elements as taught by Bigelow in order to provide a compression trouser that has an improved compression element that is adjustably securable by the user, supports the back and abdominal muscles, and allows users to apply a desired amount of pressure to the abdominal cavity (paragraph 0007/0018/0020, Bigelow).
Regarding claim 9, Agud et al. in view of Bigelow disclose the invention as discussed in claim 1. Agud et al. further discloses wherein the compression element (40) is permanently fastened to the pants part (12/14/16/18/20) with an inseparable connection (the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]: paragraph 0103), wherein the inseparable connection is arranged in a crotch region, which is located in a crotch of the patient when the compression trousers (10) are worn (the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]; the compression element [40] is intended to extend at least against the user’s pubic area and inner thigh: paragraph 0016/0103).
Regarding claim 11, Agud et al. in view of Bigelow disclose the invention as discussed in claim 1. Agud et al. further discloses wherein the compression element (40) is located inside the pants part (12/14/16/18/20) (figure 1, the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]: paragraph 0103), when the compression trousers (10) are put on the patient (when the compression trousers [10] are on, the compression element [40] is inside the pants part [12/14/16/18/20]: paragraph 0103), and wherein the pants part (12/14/16/18/20) covers partly or completely at least one of the compression element (40) (figure 1, the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]; it cannot be seen when the compression trousers [10] are on: paragraph 0103) and the waistband.
Regarding claim 12, Agud et al. in view of Bigelow disclose the invention as discussed in claim 1. Agud et al. in view of Bigelow further discloses wherein the compression element (Agud et al.: 40) is made of an elastic material (Agud et al.: the compression element [40] is made of polyamide and elastane: paragraph 0059), the compression element (Agud et al.: 40) is attached to the waistband (Bigelow: 12) and the pants part (Agud et al.: 12/14/16/18/20) under stretching of the elastic material (Agud et al.: the pants part [12/14/16/18/20] is made of a compression textile made of polyamide and elastane: paragraph 0007/0059) when the compression trousers (Agud et al.: 10) are put on the patient (Agud et al. in view of Bigelow: with the combination of arts, the compression element [40] of Agud et al. is coated to the pants part [40] of Agud et al.; the compression element [40] of Agud et al. is attached to the waistband [12] of Bigelow via the top edge of the pants part [12/14/16/18/20] of Agud et al.), wherein the compression element (Agud et al.: 40) exerts a compression pressure on the genital region of the patient when the compression trousers (Agud et al.: 10) are put on the patient (Agud et al.: the compression element [40] applies pressure against the pubic area and inner thigh: paragraph 0016), and wherein the compression pressure is adjustable by selecting a position of application of at least one of the waistband (Bigelow: 12) (Agud et al.: 12/14/16/18/20) on the patient (Agud et al. in view of Bigelow: with the combination of arts, the compression pressure applied to the genital region is adjustable via the waistband [12] of Bigelow [paragraph 0020] due to the pants part [12/14/16/18/20] of Agud et al. being elastic; depending on the desired pressure, the pressure from the waist band [12] of Bigelow affects the compression pressure on the genital region when wearing the compression trouser [10] and compression element [40] of Agud et al.) and a waist area of the pants part.
Regarding claim 17, Agud et al. discloses compression trousers (10 – figure 1, a garment that is worn around the user’s pelvic girth: paragraph 0031) for a compressive treatment of edema or other diseases or injuries in a genital or pelvic region of a patient (the compression trousers [10] is a compression garment for lymphoedema treatment: paragraph 0002), the compression trousers (10) comprising a compression element (40 – figure 1, a layer of contention textile on the inner side of the main body [12 – figure 1] that is capable of stiffening the area it covers to contain the edema swelling: paragraph 0103) for exerting a compression on the genital region and/or the pelvic region of the patient (the compression element [40] is intended to extend at least against a user’s pubic area: paragraph 0016), a pants part (12/14/16/18/20 – figure 1, a main body [12] comprising a first part [14], second part [16]; the first part [14] comprises two parts [18/20] that wraps around the user’s thigh: paragraph 0060-0063), wherein the compression element (40) is permanently fastened to the pants part (12/14/16/18/20) by non-detachable fastening means (figure 1, the compression element [40] is coated onto the inner side of the pants part [12/14/16/18/20]: paragraph 0103), wherein the pants part (12/14/16/18/20) is fully enclosing at least the pelvic region of the patient, when the compression trousers (10) are donned to a patient (figure 1, the pants part [12/14/16/18/20] encloses the pelvic region when the compression trousers [10] are donned to a patient: paragraph 0031), wherein the compression element (40) is made of an elastic material (the compression element [40] is made of polyamide and elastane: paragraph 0059), wherein the compression element (40) exerts a compression pressure on the genital region of the patient by the stretching of the elastic material (the compression element [40] is made of polyamide and elastane: paragraph 0059) when the compression trousers (10) are put on the patient (the compression element [40] applies pressure against the pubic area and inner thigh when the compression trousers are put on the patient: paragraph 0016).
However, Agud et al. fails to disclose at least one waistband which is permanently fastened to the compression element, and detachable fastening elements attached on the waistband, wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements, which is stretched when the compression trousers are put on the patient with the waistband being fixed in a selected position along the cranial direction by the detachable fastening elements, and wherein the compression pressure exerted on the genital region of the patient is adjustable by selecting the position of the waistband on the patient in the cranial direction.
Bigelow teaches at least one waistband (12 – figure 1, a waist encircling member: paragraph 0020) which is permanently fastened to an analogous compression element (24 – figure 1, a shorts made of a stretchable material: paragraph 0021) (figure 1, the shorts [24] are non-removably secured to the bottom edge [20 – figure 1] of the at least one waistband [12]: paragraph 0021), and detachable fastening elements (14/16 – figure 1, opening portions that comprise of hook and loop fasteners: paragraph 0020) attached on the waistband, wherein the at least one waistband (12) is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements (14/16) (figure 1/figure 8, the at least one waistband [12] can be configured to be fastened at different positions along the cranial direction [towards the head] in the abdominal cavity via the detachable fastening elements [14/16]: paragraph 0020), which is stretched (the at least one waistband [12] is laterally elastic: paragraph 0020) when an analogous compression trousers (10 – figure 1, a pelvic-abdominal medical support garment: paragraph 0020) are put on the patient with the waistband (12) being fixed in a selected position along the cranial direction by the detachable fastening elements (14/16) (figure 8, the at least one waistband [12] can be separated by the detachable fastening elements [14/16] that allow the user to wear the compression trousers [10]; it can then be closed with the desired pressure via the detachable fastening elements [14/16]. The waistband [12] can be fixed in a selected position along the cranial direction: paragraph 0023), and wherein the compression pressure exerted on the genital region of the patient is adjustable by selecting the position of the waistband on the patient in the cranial direction (figure 8, the compression pressure applied to the genital region is adjustable via the waistband [12] due to the pants part [24 – figure 1] being stretchable; depending on the desired pressure, the pressure from the waist band [12] affects the compression pressure on the genital region via compression trouser [10] and compression element [24]: paragraph 0020-0021).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the compression element of Agud et al. with a waistband which is permanently fastened to the compression element, and detachable fastening elements attached on the waistband, wherein the at least one waistband is configured to be fastened in a waist region or in an upper hip region of the patient at different positions along a cranial direction by the detachable fastening elements, which is stretched when an analogous compression trousers are put on the patient with the waistband being fixed in a selected position along the cranial direction by the detachable fastening elements, and wherein the compression pressure exerted on the genital region of the patient is adjustable by selecting the position of the waistband on the patient in the cranial direction as taught by Bigelow in order to provide a compression trouser that has an improved compression element that is adjustably securable by the user, supports the back and abdominal muscles, and allows users to apply a desired amount of pressure to the abdominal cavity (paragraph 0007/0018/0020, Bigelow).
Regarding claim 18, Agud et al. in view of Bigelow discloses the invention as discussed in claim 17. Bigelow further teaches wherein the detachable fastening elements (14/16) are configured to be fixed in different positions in a circumferential direction of the patient (figure 1, the detachable fastening elements [14/16] are on the waistband [12] and comprise of hook and loop fasteners; this allows users to fix the detachable fastening elements [14/16] at various positions around the patient: paragraph 0020), wherein, when the detachable fastening elements (14/16) are fastened in a selected position (the user can fasten the detachable fastening elements [14/16] at a selected position since they are hook and loop fasteners: paragraph 0020), a pressure is exerted by the waistband (12) on the waist region and/or the hip region of the patient (the waistband [12] applies pressure to the waist region: paragraph 0020), wherein the amount of pressure exerted by the waistband (12) on the waist region and/or the hip region of the patient depends on the selected position of the detachable fastening elements (14/16) (figure 1, the wearer may bring the ends of the waistband together to apply the desired amount of pressure to the abdominal cavity at the time the detachable fastening elements [14/16] are secured.
Regarding claim 19, Agud et al. in view of Bigelow discloses the invention as discussed in claim 17. Agud et al. further discloses wherein the compression element (40) is located inside the pants part (12/14/16/18/20) (figure 1, the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]: paragraph 0103), and wherein the pants part (12/14/16/18/20) covers the compression element (40) when the compression trousers (10) are put on the patient (figure 1, the compression element [40] is coated on the inner side of the pants part [12/14/16/18/20]; it cannot be seen when the compression trousers [10] are worn: paragraph 0103).
Claims 2 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over Odate (JP 7262716 B2) in view of Embodiment B of Odate (JP 7262716 B2).
Regarding claim 2, Odate discloses the invention as discussed in claim 1.
However, Odate fails to disclose wherein the at least one waistband comprises first fastening means and the pants part comprises second fastening means located in a waistband region of the pants part, wherein the pants part can be detachably fastened to the at least one waistband by means of a detachable coupling of the first fastening means and the second fastening means.
Embodiment B of Odate teaches wherein an analogous at least one waistband (11/12) comprises first fastening means (the waistband [11/12] can comprise of hook and loop fastener: paragraph 0054) and an analogous pants part (10) comprises second fastening means located in a waistband region of the pants part (figure 1, the pants part [10] can comprise of hook and loop fastener: paragraph 0054), wherein the pants part (10) can be detachably fastened to the at least one waistband (11/12) by means of a detachable coupling of the first fastening means and the second fastening means (the waistband [11/12] and pants part [10] can be detachably coupled via hook and loop: paragraph 0054).
The device of Odate and Embodiment B of Odate are in the same general field of endeavor and are therefore, considered analogous art; both would be considered compression shorts with belts.
Therefore, at the time the invention was made, it would have been well within the skill of an ordinary artisan to substitute one known element for another to obtain predictable results. Substituting the stitch fixation of Odate with a first and second fastening means comprising of hook and loop fasteners of Embodiment B of Odate would have achieved the predicable result of attaching the waistband to the pants part. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the stitch fixation of the waistband and pants part of Odate with a first and second fastening mean comprising of hook and loop fasteners as taught by Embodiment B of Odate in order to provide a compression trouser that has an improved waistband and pants part that allows users to selectively apply the pressure in desired locations of the user’s pelvic region (paragraph 0002/0054/0057, Odate).
Where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ.2d 1509 (BPAI, 2007) (citing KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1396 (2007). Accordingly, Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results. KSR International Co. v. Teleflex Inc., 550 U.S. ___, ___, 82 USPQ2d 1385, 1395 (2007).
Regarding claim 3, Odate in view of Embodiment B of Odate discloses the invention as discussed in claim 2. Embodiment B of Odate further teaches wherein the first fastening means (the waistband [11/12] can comprise of hook and loop fastener: paragraph 0054) and the second fastening means (figure 1, the pants part [10] can comprise of hook and loop fastener: paragraph 0054) are corresponding components of a two-part, reversible connecting means, the reversible connecting means comprising at least one of a hook-and-loop fastener, an adhesive fastener and a snap fastener (the waistband [11/12] and pants part [10] can be detachably coupled via hook and loop: paragraph 0054).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Odate (JP 7262716 B2) in view of Arsenault et al. (US 20090241245 A1).
Regarding claim 13, Odate discloses the invention as discussed in claim 1.
However, Odate fails to disclose wherein the pants part is designed as a compression textile made of an elastic textile material, wherein the elastic textile material is stretched when the compression trousers are put on the patient and exerts a predetermined compression pressure on the patient in the hip region and the pelvic region of the patient.
Arsenault et al. teaches wherein an analogous pants part (103 – figure 1, compression pants portion: paragraph 0019) is designed as a compression textile made of an elastic textile material (the pants part [103] is made of light-weight elastic material: paragraph 0023), wherein the elastic textile material is stretched when an analogous compression trousers are put on the patient and exerts a predetermined compression pressure on the patient in the hip region and the pelvic region of the patient (since the pants part [103] is made of a light-weight elastic material, it is able to compressively support he abdominal, groin, and leg muscles of the wearer: paragraph 0023).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the pants part of Odate to be designed as a compression textile made of an elastic textile material as taught by Arsenault et al. in order to provide a compression trousers that has an improved pants part that provides support to the wearer's abdominal, groin, and quadriceps muscles while promoting comfort and ease of movement during activities (paragraph 0023-0024, Arsenault et al.).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Odate (JP 7262716 B2) in view of Atallah (US 20200288798 A1).
Regarding claim 15, Odate discloses the invention as discussed in claim 1.
However, Odate fails to disclose further comprising suspenders, which are arranged on the pants part or the waistband.
Atallah teaches further comprising suspenders (132 – figure 1, suspenders: paragraph 0046), which are arranged on an analogous pants part (108 – figure 1, pants: paragraph 0046) or an analogous waistband (figure 1, the suspenders [132] are arranged on the pants part [108]: paragraph 0046).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pants part of Odate with suspenders as taught by Atallah in order to provide a compression trouser that has an improved pants part to promote fitting of the pants part and to maintain proper position of the pants part during use (paragraph 0047, Atallah).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Odate (JP 7262716 B2) in view of Bigelow (US 20140350509 A1).
Regarding claim 16, Odate discloses the invention as discussed in claim 1.
However, Odate fails to disclose further comprising a removable pad which either can be detachably attached to the compression element or can be inserted into a pocket formed on the compression element.
Bigelow teaches further comprising a removable pad (46 – figure 5, a detachable member that is secured to the crotch region of the shorts [24 – figure 1] via hook and loop fasteners; the detachable member also contains a cold or hot gel pack and a pad [58 – figure 6] : paragraph 0024-0025) which either can be detachably attached to the compression element (A – see annotated figure 1, the interior of the shorts [24 – figure 1] where the straps [36 – figure 1] apply pressure to: paragraph 0036) (figure 1/figure 5/see annotated figure 1, the removable pad [26] is detachably attached to the compression element [A] via hook and loop fasteners [32/34 – see annotated figure 1 and 48/50 – figure 5]: paragraph 0021/0024) or can be inserted into a pocket formed on the compression element.
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Annotated figure 1: interior surface of the apparatus of Bigelow
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the compression element of Odate with a removable pad that is detachably attached to the compression element as taught by Bigelow in order to provide a compression trouser that has an improved compression element to provide extra support, promote comfort, and allow user to wash the removable pad when desired (paragraph 0006/0024, Bigelow).
Allowable Subject Matter
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Claim 4 contains allowable subject matter because the prior art fails to disclose, either singly or in combination, the limitations of the claim. The closest prior art made of record was Odate (JP 7262716 B2) in view of Embodiment B of Odate (JP 7262716 B2).
Odate in view of Embodiment B of Odate discloses the first fastening means is comprising a flat loop part of a hook-and-loop fastener (the waistband [11/12] can comprise of hook and loop fastener: paragraph 0054) and the second fastening means is comprising a plurality of hook parts of a hook-and- loop fastener (figure 1, the pants part can comprise of hook and loop fastener: paragraph 0054) (the waistband [11/12] and pants part [10] can be detachably coupled via hook and loop: paragraph 0054).
However, none of the prior arts disclose wherein the first fastening means is comprising a flat loop part of a hook-and-loop fastener and is arranged on an outer side of the waistband, and the second fastening means is comprising a plurality of hook parts of a hook-and- loop fastener and is arranged on an inner side of the pants part. Therefore, claim 4 is allowable.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
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/ANDREW JUN-WAI MOK/Examiner, Art Unit 3786
/ALIREZA NIA/Supervisory Patent Examiner, Art Unit 3786