COMPRESSION TROUSERS

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. 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. Claim(s) 1-9, 11, and 13-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9452100 (Bigelow). Regarding claim 1, ‘100 discloses: compression trousers [device shown in figs. 1 and 3 is a trouser garment capable of providing some level of compression] for a compressive treatment of edema or other diseases or injuries in the genital or pelvic region of a patient [this statement of intended use in the preamble of the claim has no patentable weight; for completeness it is noted the garment in figs. 1 and 3 is capable of compressive treatment of injury to the genitals/pelvic region of a user], the compression trousers comprising: a waistband [12, fig. 1] equipped with first fastening means [44, fig. 4], a pants part [24, fig. 4], and a compression element [60, fig.7] equipped with second fastening means [straps 38, 40 and 42; and hook and loop type fasteners at the end of the straps form “second fastening means”], wherein the waistband is adjustable by means of detachable fastening elements in a waist region or in an upper hip region of the patient [hook and loop type fasteners on the areas where waistband ends 14 and 16 meet are detachable fastening means located in waist/upper hip region of a patient], wherein, when the compression trousers are donned to the patient, the first fastening means are lying at least in or below an abdominal region of the patient [shown explicitly in fig. 1and fig. 4], and the pants part fully encloses at least the pelvic region of the patient to exert a compressive pressure thereon [shown explicitly in fig. 4 and 24 is disclosed as ‘stretchable’ and is disclosed as capable of exerting at least some level of compression on the pelvic region], and the compression element [unnumbered element , fig. 1, see annotated figure 1 below, “An elastic strap is secured to the rear portion of the waist encircling member and passes under the crotch region of the shorts with the opposite end of the elastic strap being attachable by a hook and loop fastener to the front portion of the waist encircling member so that pressure can be applied against the crotch of the wearer in an amount adjustable by the wearer (par. 11).”] is exerting a compressive pressure on the genital region of the patient [shown explicitly in figs. 3 and 4], PNG media_image1.png 609 969 media_image1.png Greyscale wherein the compression element is configured to be fastened to the waistband by means of a releasable coupling of the first fastening means and the second fastening means [hook and loop type fasteners at the end of the straps form “second fastening means” which are capable of detachable/adjustable attachment to the complementary portions of hook and loop type fastener at element 44 shown in fig. 4], PNG media_image2.png 465 498 media_image2.png Greyscale wherein the waistband and the pants part are separable parts of the compression trousers [fig. 1 shows waistband and pants separated from each other therefore forming parts that “are separable parts of the compression trouser] or can be separated from each other, and the compression element [see annotated fig. 1 above] is designed as a pouch or as a apron made of an elastic material and is fastened to the pants part [ “An elastic strap is secured to the rear portion of the waist encircling member and passes under the crotch region of the shorts with the opposite end of the elastic strap being attachable by a hook and loop fastener to the front portion of the waist encircling member so that pressure can be applied against the crotch of the wearer in an amount adjustable by the wearer (par.11).”.]. The limitations of claim 1 not fully disclosed are the ‘compression element’ being in a ‘one piece construction’ and that the ‘compression element’ apron being made of textile material. With respect to use of one-piece/integral construction versus piecemeal construction MPEP 2144.04 is clear: B.Making Integral In reLarson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a fluid transporting vehicle was rejected as obvious over a prior art reference which differed from the prior art in claiming a brake drum integral with a clamping means, whereas the brake disc and clamp of the prior art comprise several parts rigidly secured together as a single unit. The court affirmed the rejection holding, among other reasons, “that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice.”)…”. Therefore absent any evidence that the claimed one-piece construction claimed would provide an unexpected or critical result, it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the multipiece construction of the compression element disclosed in ‘100 to an integral/one-piece construction as a matter of obvious engineering design choice. With respect to the use of textile material as the elastic material already disclosed by ‘100, ‘100 states, “Patients who have undergone aesthetic or reconstructive surgery of the abdomen, genitals or pelvis or who have given vaginal childbirth are likely candidates for some form of complications during the recovery period. Typical of such complications are atelectasis, hypostatic pneumonia, phlebitis, pulmonary complication, vulvar prolapse, abdominal swelling and lower back pain. Patients who have acute or chronic conditions such as cancer or severe arthritis often require support in the pelvic or abdominal areas to provide relief from pain. The prior art teaches the use of binders or girdles that use the elastic properties of fiber to provide abdominal support. Typical of such prior art are U.S. Pat. Nos. 3,783,879; 5,571,039 and 6,270,469. In some instances, the prior art offers back braces or belly braces and in some instances genital prolapse panties. The prior art teaches the utilization of both the elastic properties of the fibers used to form the garments and in some instances does teach the utilization of a non-elastic material to provide a mechanical support as opposed to the elastic support. There are also teachings in the prior art of panties that have integral pockets adapted to receive cold packs to assist in pain relief [par. 4].”. Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the elastic material taught by ‘100 to use fibers/textiles as the elastic material to provide the garment with the elastic properties of the fibers to provide the desired amount of abdominal support to the garment. Regarding claim 2, ‘100 discloses: the compression element at least substantially encloses the genital region of the patient, when the compression trousers are donned to the patient [shown explicitly in fig. 4]. Regarding claim 3, ‘100 discloses: the compression element is fastened to the pants part with a connection, wherein the connection is arranged in a crotch region, which comes to lie in the crotch of the patient, when the pants part is put on the patient [shown explicitly in fig. 4]. Regarding claim 4, ‘100 discloses: the compression element comprises a first end and a second end, wherein the first end is attached to the pants part in the crotch region [see annotated figs. below; both ends of compression element are attached to the pants in the crotch “region”; ]. PNG media_image3.png 613 975 media_image3.png Greyscale PNG media_image4.png 581 623 media_image4.png Greyscale Regarding claim 5, ‘100 discloses: wherein the second fastening means are arranged at the second end of the compression element [seen clearly in fig. 4]. Regarding claim 6, ‘100 discloses: the first end of the compression element is fastened to an inner side of the pants part [seen most clearly in annotated fig. 1 above] and the second end of the compression element is detachably fixed to the waistband by means of the coupling of the first fastening means and the second fastening means, when the compression trousers are put on the patient [seen clearly in fig. 4]. Regarding claim 7, ‘100 discloses: the compression element is made of an elastic material and is attached to the waistband with a stretching of the elastic material, when the compression trousers are put on the patient, whereby the compression element exerts a compression pressure on the genital region of the patient, wherein the compression pressure is adjustable by selecting a coupling position at which the second fastening means are coupled to the first fastening means [ “An elastic strap is secured to the rear portion of the waist encircling member and passes under the crotch region of the shorts with the opposite end of the elastic strap being attachable by a hook and loop fastener to the front portion of the waist encircling member so that pressure can be applied against the crotch of the wearer in an amount adjustable by the wearer (par. 11)”.]. Regarding claim 8, ‘100 discloses: the pants part is arranged completely below the waistband [shown explicitly in figs. 1 and 4] or the pants part is at least partially overlapping with the waistband in an overlapping region, wherein the waistband is lying under the pants part in the overlapping region, when the compression trousers are put on the patient. Regarding claim 9, ‘100 discloses: second fastening elements arranged on an outer side of the pants part in an upper section of the pants part, wherein the upper section of the pants part overlaps with the waistband arranged therebelow, when the compression trousers are put on the patient, and wherein the pants part can be detachably fastened by means of the second fastening elements on an outer section of the waistband lying below the upper section of the pants part. [seen clearly in figs. 1 and 4]. ‘100 does not disclose the second fastening elements on the inside of the pants part. ‘100 does teach explicitly, “the garment of the present invention could be constructed of Pampers Swaddlers diaper-like material which has absorbent capability and is stretchable and has overlapping areas to secure the garment in place [par. 22].”. Further the attachment of the compression element to the pants portion has only two options forming a small finite set of possibilities for attachment of the compression element to the pants on either of the outside as disclosed by ‘100 or on the inside as instantly claimed. It is considered to be wholly predictably successful to have overlapping portions with the compression element under or inside of the pants as taught by ‘100. Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention modify the compression element under the “obvious to try” scenario from the outer placement taught by ‘100 to a placement where the compression element is interior to the pants part; as the inside and the outside are the only two options of placement of the compression element taught by 100 defining a small set of finite possibilities and because the statement from ‘100 regarding use of “overlapping garment regions” explicitly suggests predictable success of overlapping garment regions to aid in securing the garment in place. Regarding claim 11, ‘100 discloses: the compression element has two longitudinal edges, wherein each longitudinal edge is turned inwards at least partially [see annotated figure below]. PNG media_image5.png 591 700 media_image5.png Greyscale Regarding claim 13, ‘100 discloses: further comprising fastening straps arranged on the compression element [straps 38, 40 and 42]. Regarding claim 14, ‘100 discloses: the first fastening means and the second fastening means are designed to be mutually corresponding components of a two-part reversible connecting means [hook and loop fasteners are disclosed which are corresponding, two-part reversible fasteners]. Regarding claim 15, ‘100 discloses: the pants part is designed to be a compression garment made of an elastic material [24, disclosed as stretchable material, par. 14], wherein the garment material is stretchable in such a way that the pants part exerts a predetermined compression pressure in the hip and pelvic region of the patient upon stretching of the elastic material, when the compression trousers are donned to the patient [inherent to the stretchable material 24 in the garment shown in figs. 1 and 4]. ‘100 does not explicitly disclose the stretchable material 24 as a textile material. With respect to the use of textile material as the elastic material already disclosed by ‘100, ‘100 states, “Patients who have undergone aesthetic or reconstructive surgery of the abdomen, genitals or pelvis or who have given vaginal childbirth are likely candidates for some form of complications during the recovery period. Typical of such complications are atelectasis, hypostatic pneumonia, phlebitis, pulmonary complication, vulvar prolapse, abdominal swelling and lower back pain. Patients who have acute or chronic conditions such as cancer or severe arthritis often require support in the pelvic or abdominal areas to provide relief from pain. The prior art teaches the use of binders or girdles that use the elastic properties of fiber to provide abdominal support. Typical of such prior art are U.S. Pat. Nos. 3,783,879; 5,571,039 and 6,270,469. In some instances, the prior art offers back braces or belly braces and in some instances genital prolapse panties. The prior art teaches the utilization of both the elastic properties of the fibers used to form the garments and in some instances does teach the utilization of a non-elastic material to provide a mechanical support as opposed to the elastic support. There are also teachings in the prior art of panties that have integral pockets adapted to receive cold packs to assist in pain relief [par. 4].”. Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention to modify the elastic material taught by ‘100 to use fibers/textiles as the elastic material to provide the garment with the elastic properties of the fibers to provide the desired amount of abdominal support to the garment. Regarding claim 16, ‘100 discloses: the detachable fastening elements are arranged in an end section of the waistband [seen most clearly in fig. 1; ends 14 and 16 are made of the hook and loop material]. Regarding claim 17, ‘100 discloses: the detachable fastening elements are configured to detachably fasten the waistband to the patient in the patient's abdominal region [seen clearly in figs. 1 and 4], wherein the detachable fastening elements are configured to be fixed at different fixing positions in a circumferential direction of the patient, wherein the fixing positions of the detachable fastening elements are defining a degree of a compression pressure exerted by the waistband on the waist region and/or the hip region of the patient [the hook and loop fasteners disclosed inherently provide these claimed functional capabilities]. Regarding claim 18, ‘100 discloses: further comprising a pad [46, fig. 5] which is configured to be detachably attached to the compression element [“Referring now more specifically to FIG. 5, there is illustrated a separate detachable member 46 which has secured to each end thereof at 48 and 50 the other half of the hook and loop fastening material which cooperates with the first half thereof as shown at 32 and 34 adjacent the crotch region of the shorts 24 (par. 17).”]. Regarding claim 19, ‘100 discloses: the compression element lies outside the pants part when the compression trousers are put on the patient [seen clearly in figs. 1 and 4]. ‘100 does not disclose the compression element on the inside of the pants part. ‘100 does teach explicitly, “the garment of the present invention could be constructed of Pampers Swaddlers diaper-like material which has absorbent capability and is stretchable and has overlapping areas to secure the garment in place [par. 22].”. Further the attachment of the compression element to the pants portion has only two options forming a small finite set of possibilities for attachment of the compression element to the pants on either of the inside as disclosed by ‘100 or on the outside as instantly claimed. It is considered to be wholly predictably successful to have overlapping portions with the compression element under or inside of the pants as taught by ‘100. Therefore it would have been obvious to one of ordinary skill in the art prior to filing the invention modify the compression element under the “obvious to try” scenario from the outer placement taught by ‘100 to a placement where the compression element is interior to the pants part; as the inside and the outside are the only two options of placement of the compression element taught by 100 defining a small set of finite possibilities and because the statement from ‘100 regarding use of “overlapping garment regions” explicitly suggests predictable success of overlapping garment regions to aid in securing the garment in place. Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9452100 (Bigelow) in view of US 3500478 (Foster). Regarding claim 10, ‘100 discloses: the first fastening means are flat and are designed as a flat part of a hook-and-loop fastener [see explicitly in fig. 1; and disclosed in par. 15, “The front portion 23 of the waist encircling band is constructed as one half a hook and loop fastener such as Velcro and such is illustrated at 44 in FIG. 4.”], wherein the first fastening means are arranged on an outer side of a front section of the waistband [seen in fig. 1], which is lying in the abdominal region of the patient, when the waistband is put on the patient [seen in fig. 1]. The limitations of claim 10 not disclosed are that the flat portion of the hook and loop fastener is “flat fleece”. However, ‘478 does teach, “Basically, the closure is of the teasel-and-fleece type represented by the Velcro fasteners, wherein complementary strips of nylon or other synthetic material are used, one strip having many tiny teasellike hooks facing in all directions, the other strip resembling fleece and typically having many tiny loops that are readily engaged by the tiny hooks in a locking arrangement. When the two strips are brought together, with or without pressure, they readily engage, and they strongly resist forces exerted in shear, yet they are readily stripped apart [par. 8].”. Therefore it would have been obvious to modify the flat hook and loop portion of ‘100 to be a fleece type loop section of a hook and loop type fastener to provide simple, known, effective detachable fastening to a garment as desired. Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 9452100 (Bigelow) in view of US 2015/0258362 (Cornish). Regarding claim 12, ‘100 does not disclose: suspenders arranged on the pants part or on the waistband. However, ‘362 does explicitly teach suspenders arranged on the pants part or on the waistband [shown explicitly in fig. 7]. ‘362 further states, “Referring now to FIGS. 6 and 7, a pair of suspenders 185 is provided to add attachment points and to help hold compression shorts 110 in place [par. 25].”. Therefore it would have been obvious to modify the waistband of the garment to include attached suspenders to assist in holding the compression garment in place. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Various compression garments are attached to establish the general state of the prior art. US 20140058312 A1 discloses a shorts type compression garment with genital support. US 5012802 A discloses waist supporting garment with genital support. US 3083710 A discloses a support undergarment with genital support. 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To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ROBERT H MUROMOTO JR/Primary Examiner, Art Unit 3732