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 .
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 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 introduces “a protective panel” in line 2 of the claim and “a protective panel” in line 7 of the claim. It is unclear if the garment device of claim 14 is being claimed as having two protective panels, or if the panel of line 2 is one and the same as the panel in line 7 (though not currently claimed as such). Claims 15-20 depend from claim 14 and are therefore also indefinite. If two protective panels are being recited in claim 14, it is unclear which one of the two protective panels is being referenced by “the protective panel” in claim 17 (line 1) and in claim 20 (line 1).
For purposes of claim interpretation, claim 14 is being treated as though “and a protective panel” has been deleted from lines 6-7 of the claim. If it is applicant’s intention to claim two protective panels in claim 14, “a protective panel” in line 2 should be amended to read “a first protective panel” and line 7 should be amended to read “a second protective panel”. In this case, claims 14 and 17 would also need to be amended to define which of the first and second protective panels is being referenced.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 and 7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Allured (US 2025/0241656). Regarding claim 1, Allured discloses an integrated tourniquet garment device comprising: a garment (30, 32, or 34; see figs. 1-7) comprising a tourniquet mechanism (12) integrated into the garment; wherein the tourniquet mechanism comprises a band (28; fig. 3), a clasp (locking head 24; noting “clasp” has been given its broadest reasonable interpretation of a device used to hold or fasten parts together), and a pull tab (26); and wherein the pull tab is attached to the band and extends through an opening of the garment (best shown in fig. 3).
Regarding claim 2, the garment is comprised of a shirt (34: fig. 6).
Regarding claim 3, the garment is comprised of a pant (noting “comprised of” is an open transition phrase, the wetsuit shown in fig. 1 includes “two long leg sections” considered pants, see [0023]; note also that shorts 32 are considered a specific type of pant as understood in view of [0028] of instant application).
Regarding claim 4, the tourniquet mechanism is positioned at an elbow or an armpit of the shirt ([0023]).
Regarding claim 5, the tourniquet mechanism is positioned at a knee or a thigh of the pant (groin tourniquet is on thigh as understood in view of figures 1 and 6).
Regarding claim 7, the tourniquet mechanism is positioned in a pocket (formed by sheath 16; see fig. 3) of the garment.
Claim(s) 1-5 and 7-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rose et al. (US 2011/0270299). Regarding claim 1, Rose discloses an integrated tourniquet garment device comprising: a garment (shirt, pants or wetsuit; e.g., figs. 17a, 19, 21) comprising a tourniquet mechanism (100) integrated into the garment; wherein the tourniquet mechanism comprises a band (1540; fig. 15), a clasp (plate 1530; noting “clasp” has been given its broadest reasonable interpretation of a device used to hold or fasten parts together), and a pull tab (free end portion of band with 1576 on it, which is passed through aperture 1526); and wherein the pull tab is attached to the band and extends through an opening of the garment (best shown in figs. 9, 10, 12, 17b,c, 20).
Regarding claim 2, the garment is comprised of a shirt (fig. 12, 19).
Regarding claim 3, the garment is comprised of a pant (figs. 17A, 17C).
Regarding claim 4, the tourniquet mechanism is positioned at an elbow or an armpit of the shirt (see fig. 12 – upper tourniquet considered at armpit).
Regarding claim 5, the tourniquet mechanism is positioned at a knee or a thigh of the pant (see fig. 17A – upper tourniquet is positioned on thigh).
Regarding claim 7, the tourniquet mechanism is positioned in a pocket (1754; figs. 17A-C) of the garment.
Regarding claim 8, Rose discloses an integrated tourniquet garment device comprising: a garment comprising a tourniquet mechanism positioned within an inner lining (1760: see fig. 17C and [0195], noting flap 1760 lines the inside surface of flap 1755 and thus is considered an “inner lining”) of the garment; wherein the tourniquet mechanism comprises a band (1540; fig. 15), a clasp (plate 1530), and a pull tab (free end portion of band with 1576 on it, which is passed through aperture 1526 in the clasp; noting [0153], [0183]); and further wherein the pull tab is attached to the band and extends through an opening of the garment.
Regarding claim 9, the garment is comprised of a shirt (fig. 12; noting [0201]).
Regarding claim 10, the garment is comprised of a pant (figs. 17A,C).
Regarding claim 11, the tourniquet mechanism is positioned at an elbow or an armpit of the shirt (see fig. 12 – considered at armpit).
Regarding claim 12, the tourniquet mechanism is positioned at a knee or a thigh of the pant (see fig. 17A – upper tourniquet is positioned on thigh).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allured in view of Wright et al. (US 2005/0267518). Allured discloses the invention substantially as stated above including a clasp used to hold the band in a closed configuration, but fails to expressly disclose the use of a double-D clasp.
Wright discloses another tourniquet and further discloses that the band (12/82) includes a double-D clasp (pair of D rings 16 or 86; see figs. 1, 10, 11). One end of the band is connected to the double-D clasp (16/86) while the other free end of the band is fed through the double-D clasp in order to fasten the band in a closed configuration and provide a means of cinching the band ([0031]-[0032]). It would have been obvious to one of ordinary skill in the art to have modified the prior art of Allured to replace the clasp (locking head 24) with the double-D clasp taught by Wright because such a modification can be considered a simple substitution of one known fastener that connects the ends of a band together in a manner that allows cinching of the band for another, wherein the results are predictable and one skilled in the art would have had a reasonable expectation of success.
Claim(s) 6 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rose in view of Wright et al. (US 2005/0267518). Rose discloses the invention substantially as stated above including a clasp (1530; fig. 15) used to connect the two ends of the band together, but fails to expressly disclose the use of a double-D clasp.
Wright discloses another tourniquet and further discloses that the band (12/82) includes a double-D clasp (pair of D rings 16 or 86; see figs. 1, 10, 11). One end of the band is connected to the double-D clasp (16/86) while the other free end of the band is fed through the double-D clasp in order to fasten the band in a closed configuration and provide a means of cinching the band ([0031]-[0032]). It would have been obvious to one of ordinary skill in the art to have modified the prior art of Rose to replace the clasp (1530) with the double-D clasp taught by Wright because such a modification can be considered a simple substitution of one known fastener that connects the ends of a band together in a manner that allows cinching of the band for another, wherein the results are predictable and one skilled in the art would have had a reasonable expectation of success.
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Allured in view of Sullivan (US 4,356,569) and Gadler (US 2011/0151733). Regarding claim 14, Allured discloses an integrated tourniquet garment device comprising: a wetsuit and a tourniquet mechanism (12) integrated into the wetsuit (figs. 1-2), wherein the tourniquet mechanism comprises a band (28; fig. 3), a clasp (locking head 24; noting “clasp” has been given its broadest reasonable interpretation of a device used to fasten together), and a pull tab (26); and wherein the pull tab is attached to the band and extends through an opening of the wetsuit (best shown in fig. 3). Allured fails to expressly disclose that the wetsuit includes a protective panel and a stirrup.
Sullivan teaches including a plurality of protective panels (16; figs. 1-2) embedded within the foam of a wetsuit in order to provide protection against ocean predators such as sharks (see abstract; col. 1, ll. 45-55). Gadler teaches including stirrups on the legs of a wetsuit in order to allow the wetsuit to be pulled down and maintained in a proper position ([0019], [0034]). It would have been obvious to one of ordinary skill in the art to have modified the prior art of Allured to include multiple protective panels as taught by Sullivan in order to provide protection against sharks, and to include stirrups as taught by Gadler in order to allow the wetsuit to be maintained in a proper position on the wearer.
Regarding claim 15, the tourniquet mechanism is positioned at an elbow or an armpit of the wetsuit ([0023] of Allured).
Regarding claim 16, the tourniquet mechanism is positioned at a knee or a thigh of the wetsuit (fig. 1 of Allured: thigh).
Regarding claim 17, the protective panel is comprised of a neoprene, a ballistic nylon, a thermoplastic urethane, an aramid composite, or a foam-laminated structure. In particular, Sullivan teaches providing the protective panel embedded within the foam of the wetsuit (see col. 3, ll. 10-11) and thus the protective panel is considered a foam-laminated structure.
Regarding claim 18, the wetsuit may be neoprene (an elastic material) according to Gadler ([0019]) and thus it would have been obvious to construct the stirrup, which forms part of the wetsuit, of neoprene for ease of manufacture.
Regarding claim 19, Allured fails to expressly disclose the material of the wetsuit. However, Gadler discloses that neoprene is known in the art as a suitable material for construction of a wetsuit because it is a lightweight, stretchable, water, chemical, and UV resistant material ([0019])). It would have been obvious to one of ordinary skill in the art to have modified the prior art of Allured to construct the wetsuit from neoprene in view of Gadler since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice (In re Leshin, 125 USPQ 416).
Regarding claim 20, the protective panel is positioned on an arm or a leg of the wetsuit, noting Sullivan teaches both locations as illustrated in fig. 1 of Sullivan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2022/0240944 to Iconomou et al. discloses a shirt and pants, each of which have a tourniquet integrated into them (see figs. 1-7).
US 2021/0137531 to Rivero discloses a garment (shorts) having an integrated tourniquet, wherein the tourniquet is positioned within an inner lining of the garment ([0015]; fig. 3).
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KSH 9/14/2026
/KATHLEEN S HOLWERDA/Primary Examiner, Art Unit 3771
