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 .
Response to Amendment
Applicant’s amendment of 12/10/2025 is acknowledged.
Claims 2, 4-10, 13-18, 21-23, and 27-29 are presented.
Claims 21-23 are presented in independent form and are amended.
Dependent claims 27-29 are amended.
Claims 2, 10, and 13-18 remain withdrawn.
The present Office action treats claims 4-9, 21-23, and 27-29 on the merits.
The present Office action is a final rejection.
Response to Arguments
Applicant’s REMARKS of 12/10/2025 (see p. 9-15 of the reply) are fully considered.
Regarding Objections (p. 9): Applicant’s arguments are fully considered and are persuasive. Applicant’s claim amendments of 12/10/2025 overcome the drawings objections and the claim objection as set forth in the previous office action. It is noted the amendment has necessitated new claim objections and, in addition, and upon further review of the present disclosure and the claims, yet another claim objection is applied in the present Office action.
Regarding 112(b) (p. 9): Applicant’s arguments are fully considered. Applicant’s claim amendments overcome the 35 USC 112 rejections as applied in the previous office action. It is noted that the amendment has necessitated new 35 USC 112 (b) rejections; see rejections below.
Regarding 112(a) (p. 9): Applicant’s arguments are fully considered. Applicant’s claim amendments overcome the 35 USC 112 rejections as applied in the previous office action. It is noted that the amendment has necessitated new 35 USC 112 (a) rejections; see rejections below.
Regarding 101 (p. 9): Applicant’s arguments are fully considered and are persuasive in part. Applicant’s claim amendments have addressed some of the language that is directed to or encompassing a human organism; however, some other language that is directed to or encompassing a human organism remains in the claims and is again rejected in the present Office action.
Regarding 112(d) (p. 10): Applicant’s arguments are fully considered and are persuasive. Applicant’s claim amendments overcome the 35 USC 112(d) rejection as applied in the previous office action.
Regarding 103: Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Objections
Claims 21-23 and 29 are objected to because of the following informalities:
Claim 21 line 7: “layer of sound material” should be --layer of sound barrier material--
Claim 22 lines 32-33: “whether the first garment is in” should be --whether the first garment portion is in--
Claim 23 lines 15-16: “worn, layer of lightweight sound absorbing material” should be --worn, the at least one layer of flexible, lightweight sound absorbing material--
Claim 29 line 1: “hooded sweatshirt or scarf of claim 23” should be --hooded sweatshirt of claim 23--
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 21-22, 4-9, and 27-28 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 21 lines 9-10 recites “the flexible, lightweight layer of sound-absorbing material provided in a first area covering the ear of the wearer”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by amending the claim to recite the human organism functionally.
Claims 4-9 and 27 are rejected if only because they depend from a rejected claim.
Claim 22 lines 12-13 recites “the sound attenuating cloth is provided in a first area covering an ear of the wearer”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by amending the claim to recite the human organism functionally.
Claim 28 is rejected if only because it depends from a rejected claim.
Claim Rejections - 35 USC § 112(b)
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.
Claim 21-22, 4-9, and 27-28 is 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 21 is indefinite in reciting in lines 13-14 “the lightweight first garment portion”. As introduced in line 4, what is introduced is “a first garment portion” which is not identified as being lightweight. Accordingly, it is not clear whether and how the term “lightweight” in line 13 further limits the first garment portion. For the purpose of applying art, the term “the lightweight first garment portion” in lines 13-14 is interpreted as if it reads --the first garment portion--
Claim 21 is further indefinite in reciting in line 15 “the arrangement”, which lacks antecedent basis such that it is not clear whether and how “the arrangement” further limits the “arrangeable” “first area” (line 12) and/or the “arranged” “lightweight first garment portion” (lines 13-14). For the purpose of applying art, the phrase “wherein the arrangement includes that the layer of sound-absorbing material operates” is interpreted as if it reads –wherein the lightweight layer of sound-absorbing material is configured to operate--
Claim 21 is further indefinite in reciting at lines 23-27 recites “minimizing any gaps between the lightweight layer of sound absorbing material at the entrance area” such that it is not clear what gap(s) is/are being claimed and what structure(s) the claimed gap(s) is/are between. For the purpose of applying art, the limitation is met if the garment is configured such that gaps between the lightweight layer of sound absorbing material and the user’s face are capable of being minimized.
Claims 4-9 and 27 are rejected if only because they depend from a rejected claim.
Claim 22 recites in lines 40-41 “the sweatshirt operates to reduce and absorb sound that might pass through the opening”. Usage of the term “might” renders the claim indefinite insofar as it is not understood how the claimed sweatshirt is configured to reduce and/or absorb sound that might, but does not, pass through the opening such that it is not clear whether the capability of reducing and absorbing sound is affirmatively claimed or claimed in the alternative. For the purpose of applying art, the phrase “that might pass through” is interpreted as if it reads --that passes through--
Claim 28 is indefinite if only because it depends from an indefinite claim.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 27-29 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 27 recites new matter in reciting “wherein an amount of sound that is blocked and absorbed relates to a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater”.
Claim 28 recites new matter in reciting “wherein an amount of sound that is blocked and absorbed relates to a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater”.
Claim 29 recites new matter in reciting “wherein an amount of sound that is blocked and absorbed relates to a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 21, 4-7, 9, and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hunkele, US 2015/0250240, previously cited; see the PTO-892 of 06/24/2020] in view of [Lawrence, US 2014/0273705, newly cited], and [Padhye, NPL 2016, newly cited].
Regarding claim 21:
Hunkele discloses:
A comfortable (para 26) hooded garment 100 (i.e. “garment 100” including “head portion 122...hoodie or cap” such that garment is hooded; para 47) that is configured to be worn by a wearer (as evidenced by its capability to encapsulate the “head and ears” (para 47) and to cover “torso, shoulders, abdomen, and back” (para 28)), including children and adults (garment is capable of being worn by a wearer who will fit within the garment including a child or an adult; it is noted that it is possible for child approaching adulthood to have a similar body size as an adult and it is further possible for a small adult to have a similar body size as a child), in an environment having one or more acoustic waves (“noises”; paras 47 and 75; “sound” (paras 51 and 78); , and configured to be engaged in a sound-reducing state (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) as evidenced by the head portion 122 being configured to “restrict[] undesirable sound” (paras 51 and 78) when covering the ears and in the sound-reducing state), comprising:
a first garment portion 122 (i.e. “head portion 122”; para 25), the first garment portion 122 formed from a sound attenuating material (i.e. formed of a material that is configured to “at least partially cover the ears, thereby restricting undesirable sound”; para 78) and configured to surround the wearer's head (“encapsulates the head and ears”; para 47) with an opening (see annotated Fig. 1 – a below) for the wearer's face when worn, the opening forming an entrance area for the acoustic waves (opening is configured such that acoustic waves are capable of entering through the opening) and provided in a first area covering the ear of the wearer (“cover the ears”; para 78), and arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and consistent with how the present disclosure describes substantially closing an inner volume by tying drawstrings tight (see the paragraph spanning p. 2-3 of the present specification as filed)) when the first garment portion is arranged to be in the sound-reducing state;
wherein minimizing any gaps between the sound attenuating material at the entrance area (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)) modifies an amount of attenuated sound (garment is configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head; it is noted the garment will fit wearers of different sizes differently such that the limitation is met); and
a second garment portion 102 (i.e. “body portion 102”; para 28) adapted to be detachably connected to (“head portion...detachably join with...body portion 102”; para 47) and operable with (“head portion...detachably join with...body portion 102”; para 47) the first garment portion 122, independent of whether the first garment portion is arranged in the sound- reducing state (providing the first garment portion in the sound-reducing state occurs when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and the combined first garment portion and second garment portion are capable of being operated—for example worn—by a wearer whether the first garment portion is in the sound-reducing state or not);
wherein when arranged in the sound-reducing state, the sound attenuating material reduces an amount of sound passing from the entrance area over the sound attenuating material and into the substantially enclosed reduced- sound zone (garment and sound attenuating material are configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head so as to reduce an amount of sound passing from entrance area over sound attenuating material and into the substantially enclosed reduced-sound zone; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
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Hunkele does not expressly disclose:
the first garment portion formed from a sound attenuating cloth that comprises a base layer, a lightweight layer of sound barrier material provided on the base layer and a flexible, lightweight layer of sound-absorbing material provided on the lightweight layer of sound material and configured to surround the wearer's head with an opening for the wearer's face when worn, the opening forming an entrance area for the acoustic waves, and the flexible, lightweight layer of sound-absorbing material provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending at least to the first area, and arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears when the lightweight first garment portion is arranged to be in the sound-reducing state.
Hunkele does not expressly disclose wherein the arrangement includes that the layer of sound-absorbing material operates as an innermost layer that faces and is closest to the wearer's head, when the garment is worn.
Hunkele does not expressly disclose wherein the sound attenuating cloth comprising the lightweight layer of sound barrier material, the base layer and the lightweight layer of sound absorbing material, operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and in the continuous second area.
Hunkele does not expressly disclose wherein minimizing any gaps between the lightweight layer of sound absorbing material at the entrance area and adjusting a length of the first and second areas modifies an amount of blocked and/or absorbed sound.
Hunkele does not expressly disclose wherein when arranged in the sound-reducing state, the lightweight layer of sound- absorbing material and the lightweight layer of sound barrier material together reduce an amount of sound passing from the entrance area over the base layer, the lightweight layer of sound barrier material and the lightweight layer of sound-absorbing material, and into the substantially enclosed reduced- sound zone; and
Hunkele does not expressly disclose wherein the sound barrier layer is a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer's sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively.
Rather, Hunkele is silent as to, specifically, the material(s) of construction of head portion 122 which provide the capability of “restricting undesirable sound” (para 51) when “The head portion 122 ...at least partially cover the ears” (para 51). Hunkele is moreover silent as to the mode of action of “restricting undesirable sound” and whether the “restricting undesirable sound” is blocking and/or absorbing.
However, Lawrence teaches a breathable (“allow gases such as air to pass”; para 24; “gas permeability”; para 25; “gases are able to flow through”; para 26) non-woven fabric (“Nonwoven structures...made from fibers...assembled together...without weaving or knitting” (para 2)) appropriate for a garment (i.e. “nonwoven structures...used...for apparel”; para 2) wherein the non-woven fabric is configured to restrict sound (“a relatively high degree of soundproofing or acoustic insulation is achieved using nonwoven structures”; para 58) further wherein the non-woven fabric has a basis weight in the range of “about 5oz/yd2 or more” (para 23). Lawrence further teaches the “Acoustic insulation of a material can be determined, for example, as acoustic absorption (i.e., the absorption of sound waves into the material), and/or as acoustic transmission (i.e., the degree to which sound waves can pass through the material)” (para 59) and further teaches “examples of testing methods that can be used to determine acoustic absorption and/or acoustic transmission...include...ASTM C423 (Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method), or ASTM E90 or ASTM E90-2 (Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements)” (para 61), wherein ASTM E90-02 is a test method for determining a sound transmission class (STC) rating (as evidenced by extrinsic reference [ASTM E90-20, NPL, 2002]; see section 13.1.11 and 13.1.11.1 thereof) and further wherein ASTM C423 is a test method for determining a noise reduction coefficient (as evidenced by extrinsic reference [ASTM C423-17, NPL, 2017]; see sections 3.2 and 12.1.3 thereof).
It is noted that the weight range taught by Lawrence (i.e. “about 5oz/yd2 or more” (para 23)) includes a weight that is lightweight as claimed insofar as the present disclosure describes “Lumitex...light fabric” in contrast to the “uncomfortable...weight” of “one pound per square foot” of “mass loaded vinyl” (2nd full paragraph of p. 5 of the specification as filed) wherein it is noted that a basis weight of one pound per square foot is equivalent to 144 ounces per square yard. In other words, the range taught by Lawrence includes values that are lighter than the “uncomfortable” weight disclosed by the Applicant such that the range of Lawrence includes lightweight basis weights as claimed.
Moreover and within the context of garments (“Clothing Technology” (title)) Padhye teaches in regards to “Acoustical Test Methods for Nonwoven Fabrics” (title of the chapter beginning on p. 115) that “Sound transmission loss is an important parameter that shows how much nonwoven fabric transmits sound waves...transmission loss...measured” in a “procedure, the sound wave is sent to the nonwoven fabric, and the microphone on the other side measures the amount of sound energy. Since the sound energy that was sent at the first place is known, the difference between the value and the one measured by the microphone calculates the sound transmission loss” (p. 133) and further teaches “ASTM E90-09...measures...sound transmission loss” (p. 123; Table 1 row 7).
Padhye further teaches “The Noise Reduction Coefficient (NRC) is a ...rating...calculated by determining...absorption coefficients in...frequency bands...When perfect absorption happens, NRC becomes 1...noise absorption coefficients of nonwoven fabrics are commonly determined using ASTM C423 (p. 127) further wherein “One of the most important parameters used for defining acoustical” properties is “absorption” (p. 129 lines 6-7). “In ASTM C423...sound absorption is measured when the room is empty and then sound absorption is measured again when the nonwoven fabric is in the room” (p. 132 lines 6-18).
Moreover and in relation to fabric weight: Padhye teaches “areal density” is one of “Important physical properties of nonwoven fabrics for acoustical applications” (p. 116 lines 26-27) and further teaches other physical properties for acoustical applications including “volumetric density, porosity, particle size distribution, tortuosity and thickness” (p. 116 lines 27-28).
Lawrence and Padhye are combinable in that each is directed to acoustic properties of nonwoven fabrics and acoustic properties of nonwoven fabrics in a garment context.
Because Lawrence is concerned with acoustic properties of a breathable nonwoven fabric and provides a range (i.e. i.e. “about 5oz/yd2 or more” (para 23)) encompassing the claimed limitation of a layer being a lightweight breathable non-woven fabric, the claimed limitation of barrier layer being a lightweight breathable non-woven fabric considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed lightweight fabric in order to provide desired garment properties. The claimed weight is merely an optimum or workable weight and the basis weight of the fabric is expected to affect the acoustic properties of the breathable nonwoven, as taught by Padhye, and also how heavy the breathable nonwoven fabric is per unit area due to its being a basis weight.
Therefore, it 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 to have modified the hooded garment of Hunkele such that its first garment portion is provided with a sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively, in order to yield the predictable result of a hooded sweatshirt whose first garment portion is configured to restrict undesirable sound by both blocking and also absorbing and further wherein lightweight nature of the sound barrier layer is such that the first garment portion is configured to be easily pivoted (in the manner described in Hunkele para 47) about the second garment portion 102 due to the lightweight nature thereof for the purpose of pivoting the first garment portion onto the head and pivoting the first garment portion off the head without the user having to exert excessive force thereon to so pivot the first garment portion.
Thus the modified Hunkele comprises a sound attenuating cloth (insofar as the sound barrier layer thereof is a fabric) that comprises a lightweight layer of sound barrier material configured to surround the wearer’s head with an opening for the wearer’s face when worn, wherein the sound barrier layer is a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively.
Regarding the claimed base layer and lightweight layer of sound-absorbing material:
In further view of Padhye:
Padhye teaches a “Noise/sound absorption coefficient (NAC)...to define...acoustic property” (p. 74 line 33-35) wherein “fabrics...having...6-10...layers” are provided such that “with increasing number of...layers, NAC values were...increased” (p. 86 lines 2-7).
Padhye further teaches “nonwoven mats” wherein a multilayer “mat...DWP” has “acoustic properties” whereby the multilayer “structure” is configured “to entrap the sound wave within the structure...with air gap between them assisted in dampening the sound wave” (the paragraph spanning p. 78-79).
Padhye further teaches “Layered nonwoven...fabric with different number of layers were produced...increasing the number of layers resulted in higher sound absorption coefficient” (p. 102 lines 12-18).
Padhye further teaches that for “barrier materials”, “better performance can be achieved using multilayer panels” wherein the “transmission loss” “for such panels can be more like 12 dB/octave rather than 6 dB/octave of a single layer” (p. 148 lines 12-14).
It 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 to have modified the modified Hunkele such that it is provided with two additional layers of lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to each additional layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) in order to improve the capability of the first garment portion to block and/or absorb sound due to the presence of the additional layers that are block and/or absorb sound waves and/or the due to the provision of an air gap between respective pairs of the combined three layers, as suggested by Hunkele (p. 86; p. 78-79; p. 102; p. 148).
In adopting the modification, the modified Hunkele would meet the following limitations:
the first garment portion formed from a sound attenuating cloth that comprises a base layer (one of the two additional layers as explained in the modification above on p. 15-16 of the present Office action), a lightweight layer of sound barrier material (i.e. the sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) as explained on p. 14-15 of the present Office action) provided on the base layer, and a lightweight layer of sound-absorbing material provided (the other of the two additional layers as explained in the modification above on p. 14-15 of the present Office action, wherein it is noted that a lightweight layer that is configured to both block and absorb sound is a lightweight layer of sound-absorbing material) on the lightweight layer of sound material and configured to surround the wearer's head with an opening for the wearer's face when worn, the opening forming an entrance area for the acoustic waves and arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears when the lightweight first garment portion is arranged to be in the sound-reducing state; wherein the arrangement includes that the layer of sound-absorbing material operates as an innermost layer (the three layers of the modified Hunkele are configured such that one of the three layers is an innermost layer when worn and the other two are provided more exterior when worn; it is noted that each of the three layers is configured to both block and absorb sound) that faces and is closest to the wearer's head, when the garment is worn; wherein the sound attenuating cloth comprising the lightweight layer of sound barrier material, the base layer and the lightweight layer of sound absorbing material, operates to block and absorb sound (by virtue of each layer in combination and separately being configured to block and absorb sound) from the acoustic waves as the acoustic waves pass over the sound attenuating cloth (plural layers are configured to block and/or absorb acoustic waves emanating from a source and angled such that the acoustic waves pass over the cloth); wherein minimizing any gaps between the lightweight layer of sound absorbing material at the entrance area modifies an amount of blocked and/or absorbed sound (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)) modifies an amount of blocked and/or absorbed sound (garment is configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head such that the amount of blocked and/or absorbed sound is modified in that less sound is allowed to enter through the space between the first garment portion and the wearer’s face such that less sound will interact with the first garment portion that blocks and/or absorbs sound; it is noted the garment will fit wearers of different sizes differently such that the limitation is met); wherein when arranged in the sound-reducing state, the lightweight layer of sound- absorbing material and the lightweight layer of sound barrier material together reduce an amount of sound passing from the entrance area over the base layer, the lightweight layer of sound barrier material and the lightweight layer of sound-absorbing material, and into the substantially enclosed reduced- sound zone (garment is configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head; it is noted the garment will fit wearers of different sizes differently such that the limitation is met); and wherein the sound barrier layer is a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer's sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively.
The modified Hunkele does not meet the limitation the lightweight layer of sound-absorbing material being a flexible, lightweight layer of sound-absorbing material.
However and in further view of Padhye:
Padhye teaches “flexible...textile structures...can be used for acoustic applications” (p. 18 line 30).
It 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 to have modified the modified Hunkele such that its lightweight layer of sound-absorbing material is a flexible lightweight layer of sound-absorbing material in order to yield the predictable result of permitting the layer of sound-absorbing material to flex and conform to a wearer’s head when the first garment portion is pivoted over the wearer’s head and/or when the head drawstrings pull the first garment portion around the wearer’s head.
Regarding the claimed first area and second area
The modified Hunkele as set forth above does not meet the limitation:
the flexible, lightweight layer of sound-absorbing material provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending at least to the first area, and arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears when the lightweight first garment portion is arranged to be in the sound-reducing state; wherein the sound attenuating cloth comprising the lightweight layer of sound barrier material, the base layer and the lightweight layer of sound absorbing material, operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and in the continuous second area; wherein minimizing any gaps between the lightweight layer of sound absorbing material at the entrance area and adjusting a length of the first and second areas modifies an amount of blocked and/or absorbed sound.
However and in further view of Hunkele:
Hunkele teaches the first garment portion 122 is configured to “encapsulate[] the head and ears” for a purpose of “the head is protected from...noises” (para 47) further wherein “The head portion...at least partially cover the ears, thereby restricting undesirable sound” (para 51) and as embodied in Fig. 1, Hunkele first garment portion 122 comprises a first area configured to cover an ear and also a second area continuous therewith between the entrance area and extending to the first area (see annotated Fig. 1 – b below).
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It 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 to have modified the modified Hunkele such that its sound attenuating cloth, include the flexible, lightweight layer of sound-absorbing material thereof, are provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending at least to the first area in order to yield the predictable result of a hooded garment whose first area and second area are both configured to restrict the ingress of sound though the sound attenuating cloth at the locations of the combined first and second areas and towards the wearer’s ears and head due to the presence of the sound attenuating cloth and the flexible, lightweight layer of sound-absorbing material in both the first area and the second area.
In adopting the modification, the modified Hunkele would meet the limitation the flexible, lightweight layer of sound-absorbing material provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending at least to the first area, and arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears when the lightweight first garment portion is arranged to be in the sound-reducing state; wherein the sound attenuating cloth comprising the lightweight layer of sound barrier material, the base layer and the lightweight layer of sound absorbing material, operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and in the continuous second area; wherein minimizing any gaps between the lightweight layer of sound absorbing material at the entrance area and adjusting a length of the first and second areas (i.e. adjusting the arrangement of each of the first and second areas relative to the wearer’s head via “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50); it is noted the term “length” means “the linear extent or measurement of something from end to end”; length. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved March 13 2026 from https://www.thefreedictionary.com/length and that the act of translating a linear extent of each of the first and second areas relative to the wearer’s body is a spatial adjustment of a linear extent of each of the two areas) modifies an amount of blocked and/or absorbed sound (garment is configured such that when first garment portion is drawn around the head by its head drawstring, lengths of first and second areas are spatially adjusted relative to the wearer’s head such that gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head such that the amount of blocked and/or absorbed sound is modified in that less sound is allowed to enter through the space between the first garment portion and the wearer’s face such that less sound will interact with the first garment portion that blocks and/or absorbs sound; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
Regarding claim 4:
Hunkele in view of Lawrence and Padhye teach The garment of claim 21, as set forth above.
Hunkele as applied to claim 21 does not meet the limitation wherein the base layer is a natural or synthetic material.
However and in further view of Lawrence:
Lawrence teaches a “nonwoven structure” comprise natural (“cotton or other plant fibers, wood fibers, animal fibers”; para 15) or synthetic (“synthetic or polymeric fibers”; para 15).
It 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 to have modified the modified Hunkele such that its base layer comprises a natural material in order to yield the predicable result of a hooded garment that is capable of being marketed to and/or perceived as being environmentally friendly to a consumer or wearer who desires natural products.
Regarding claim 5:
Hunkele in view of Lawrence and Padhye teach The garment of claim 21, as set forth above.
Hunkele further discloses wherein the first garment portion is connected to the second garment portion acting as one garment (para 75; Fig. 1).
Regarding claim 6:
Hunkele in view of Lawrence and Padhye teach The garment of claim 5, as set forth above.
Hunkele further discloses comprising a hooded sweatshirt (para 26; Fig. 1)
Regarding claim 7:
Hunkele in view of Lawrence and Padhye teach The garment of claim 6, as set forth above.
Hunkele further discloses wherein the first garment portion is a detachable hood (para 47) and wherein the detachable hood is deployed (by “ends of the head drawstring can be pulled through the opening to draw in the head portion 122 around the head”; para 50) to form the substantially enclosed reduced-sound zone (para 50).
Regarding claim 9:
Hunkele in view of Lawrence and Padhye teach The garment of claim 21, as set forth above.
Hunkele further discloses wherein the substantially enclosed reduced-sound zone minimizes an amount of sound entering the substantially enclosed reduced-sound zone from outside the garment and an amount of sound exiting the substantially enclosed reduced-sound zone from inside the garment (Hunkele is configured such that when in the sound-reducing state, (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)), sounds emanating from outside the reduced-sound zone are configured to be minimized by virtue of the capability to close gaps around a wearer’s face such that incident sound emanating from the outside is configured to interact with the material of the garment and be blocked and absorbed thereby as opposed to being transmitted through a gap between the garment and the wearer’s face; in like manner, sounds emanating from the inside of the reduced-sound zone are configured to be minimized upon egress from the garment in the same manner; i.e. the capability to close gaps around a wearer’s face such that incident sound emanating from the inside is configured to interact with the material of the garment and be blocked and absorbed thereby as opposed to being transmitted through a gap between the garment and the wearer’s face.)
Regarding claim 27:
Hunkele in view of Lawrence and Padhye teach The comfortable hooded garment of claim 21, as set forth above.
The modified Hunkele further meets the limitation wherein an amount of sound that is blocked and absorbed (by virtue of the capability to block and also absorb sound as set forth in addressing the parent claim above) relates to (it is noted the term “relate” means “To have connection, relation, or reference”; relate. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved March 13 2026 from https://www.thefreedictionary.com/relate) a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater (Hunkele is configured to block and absorb sound; the garment is capable of blocking sound by a certain amount and absorbing sound by another certain amount; these amounts are related to the transmission loss, STC, and NRC as claimed in that the transmission loss, STC, and NRC as claimed are also metrics of capability of blocking and absorbing sound.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hunkele, US 2015/0250240], [Lawrence, US 2014/0273705], and [Padhye, NPL 2016] as applied to claim 21 above, and further in view of [Dilworth, US 2003/0131401, newly cited].
Regarding claim 8:
Hunkele in view of Lawrence and Padhye teach The comfortable hooded garment of claim 21, as set forth above.
Hunkele does not expressly disclose wherein the first garment portion and the second garment portion are detachably connected using a zipper or a hook and loop fastener.
However, Dilworth teaches a first garment portion and a second garment portion detachably connected using a hook and loop fastener: “hook and loop fasteners...provided for detachably connecting the hood to the shirt, so that the hood can be detached from the shirt and, for example, stored” (para 9).
It 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 to have modified the modified Hunkele such that its first garment portion and the second garment portion are detachably connected using a hook and loop fastener in order to yield the predictable result of a garment whose first garment portion and second garment portion are capable of being attached to each other by pushing the hook and loop fastener together and are capable of being detached from each other by pulling the hook and loop fastener apart.
Claim(s) 22 and 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hunkele, US 2015/0250240, previously cited; see the PTO-892 of 06/24/2020] in view of [Lawrence, US 2014/0273705, newly cited], and [Padhye, NPL 2016, newly cited].
Regarding claim 22:
Hunkele discloses:
A comfortable (para 26) hooded sweatshirt 100 (i.e. “garment 100” including “head portion 122...hoodie or cap” such that sweatshirt is hooded; para 47) that is configured to be worn by a wearer (as evidenced by its capability to encapsulate the “head and ears” (para 47) and to cover “torso, shoulders, abdomen, and back” (para 28)), including children and adult wearers (garment is capable of being worn by a wearer who will fit within the garment including a child or an adult; it is noted that it is possible for child approaching adulthood to have a similar body size as an adult and it is further possible for a small adult to have a similar body size as a child) in an environment having one or more acoustic waves (“noises”; paras 47 and 75; “sound” (paras 51 and 78); , further configured to be engageable in a sound-reducing state (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) as evidenced by the head portion 122 being configured to “restrict[] undesirable sound” (paras 51 and 78) when covering the ears and in the sound-reducing state) by a wearer when worn (via pulling head drawstring when wearing), comprising:
a first garment portion 122 (i.e. “head portion 122”; para 25) formed as a hood portion (“hoodie”; para 47; Fig. 1) of the sweatshirt, the first garment 122 portion from a sound attenuating material (i.e. formed of a material that is configured to “at least partially cover the ears, thereby restricting undesirable sound”; para 78) wherein the first garment portion is configured to be arranged to surround a wearer's head (“encapsulates the head and ears”; para 47) with an opening (see annotated Fig. 1 – a presented in above treatment of claim 21) for the wearer's face, the opening forming an entrance area for the acoustic waves (opening is configured such that acoustic waves are capable of entering through the opening) when worn, wherein the sound attenuating material is provided in a first area covering an ear of the wearer (“cover the ears”; para 78), and configured to be arrangeable to form a substantially enclosed reduced-sound zone about the wearer's ears (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and consistent with how the present disclosure describes substantially closing an inner volume by tying drawstrings tight (see the paragraph spanning p. 2-3 of the present specification as filed)) in the sound-reducing state;
wherein the sound attenuating material is arrangeable to minimize any gaps between the sound attenuating material and the wearer’s face at the entrance area (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)); and
a second garment portion 102 (i.e. “body portion 102”; para 28) adapted to be detachably connected to (“head portion...detachably join with...body portion 102”; para 47) the first garment portion, the second garment portion formed as a trunk portion of the sweatshirt (“chest...lower torso and waist”; para 70) and operable when detachably connected (“head portion...detachably join with...body portion 102”; para 47) with the first garment portion 122 independent of whether the first garment portion is in the sound- reducing state (providing the first garment portion in the sound-reducing state occurs when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and the combined first garment portion and second garment portion are capable of being operated—for example worn—by a wearer whether the first garment portion is in the sound-reducing state or not);
wherein the sweatshirt is configured, so that in the sound-reducing state during wear, the sweatshirt operates to reduce sound that might pass through the opening and over the sound attenuating material (garment and sound attenuating material are configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head so as to attenuate an amount of sound passing from entrance area over sound attenuating material and into the substantially enclosed reduced-sound zone; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
Hunkele does not expressly disclose:
the first garment portion formed as a hood portion of the sweatshirt from a sound attenuating cloth that comprises a base layer upon which a lightweight sound barrier layer is provided and at least one flexible, lightweight layer of sound-absorbing material provided on the lightweight sound barrier layer wherein the at least one flexible, lightweight layer of sound-absorbing material is intended to operate as an innermost layer facing and being closest to the wearer's head, when worn
Hunkele does not expressly disclose wherein the sound attenuating cloth blocks and absorbs sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the entrance area.
Hunkele does not expressly disclose the sound attenuating cloth is arrangeable to minimax any gaps between the at least one flexible, lightweight layer of sound absorbing material and the wearer’s face at the entrance area.
Hunkele does not expressly disclose wherein the lightweight sound barrier layer comprises a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to a sound transmission class (STC) rating and absorbs sound according to a noise reduction coefficient (NRC), and wherein the sweatshirt is configured, so that in the sound-reducing state during wear, and based on respective sound transmission class (STC) and noise reduction coefficient (NRC) properties of the lightweight sound barrier layer, the sweatshirt operates to reduce and absorb sound that might pass through the opening and over the at least one flexible, lightweight layer of sound absorbing material.
Rather, Hunkele is silent as to, specifically, the material(s) of construction of head portion 122 which provide the capability of “restricting undesirable sound” (para 51) when “The head portion 122 ...at least partially cover the ears” (para 51). Hunkele is moreover silent as to the mode of action of “restricting undesirable sound” and whether the “restricting undesirable sound” is blocking and/or absorbing.
However, Lawrence teaches a breathable (“allow gases such as air to pass”; para 24; “gas permeability”; para 25; “gases are able to flow through”; para 26) non-woven fabric (“Nonwoven structures...made from fibers...assembled together...without weaving or knitting” (para 2)) appropriate for a garment (i.e. “nonwoven structures...used...for apparel”; para 2) wherein the non-woven fabric is configured to restrict sound (“a relatively high degree of soundproofing or acoustic insulation is achieved using nonwoven structures”; para 58) further wherein the non-woven fabric has a basis weight in the range of “about 5oz/yd2 or more” (para 23). Lawrence further teaches the “Acoustic insulation of a material can be determined, for example, as acoustic absorption (i.e., the absorption of sound waves into the material), and/or as acoustic transmission (i.e., the degree to which sound waves can pass through the material)” (para 59) and further teaches “examples of testing methods that can be used to determine acoustic absorption and/or acoustic transmission...include...ASTM C423 (Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method), or ASTM E90 or ASTM E90-2 (Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements)” (para 61), wherein ASTM E90-02 is a test method for determining a sound transmission class (STC) rating (as evidenced by extrinsic reference [ASTM E90-20, NPL, 2002]; see section 13.1.11 and 13.1.11.1 thereof) and further wherein ASTM C423 is a test method for determining a noise reduction coefficient (as evidenced by extrinsic reference [ASTM C423-17, NPL, 2017]; see sections 3.2 and 12.1.3 thereof).
It is noted that the weight range taught by Lawrence (i.e. “about 5oz/yd2 or more” (para 23)) includes a weight that is lightweight as claimed insofar as the present disclosure describes “Lumitex...light fabric” in contrast to the “uncomfortable...weight” of “one pound per square foot” of “mass loaded vinyl” (2nd full paragraph of p. 5 of the specification as filed) wherein it is noted that a basis weight of one pound per square foot is equivalent to 144 ounces per square yard. In other words, the range taught by Lawrence includes values that are lighter than the “uncomfortable” weight disclosed by the Applicant such that the range of Lawrence includes lightweight basis weights as claimed.
Moreover and within the context of garments (“Clothing Technology” (title)) Padhye teaches in regards to “Acoustical Test Methods for Nonwoven Fabrics” (title of the chapter beginning on p. 115) that “Sound transmission loss is an important parameter that shows how much nonwoven fabric transmits sound waves...transmission loss...measured” in a “procedure, the sound wave is sent to the nonwoven fabric, and the microphone on the other side measures the amount of sound energy. Since the sound energy that was sent at the first place is known, the difference between the value and the one measured by the microphone calculates the sound transmission loss” (p. 133) and further teaches “ASTM E90-09...measures...sound transmission loss” (p. 123; Table 1 row 7).
Padhye further teaches “The Noise Reduction Coefficient (NRC) is a ...rating...calculated by determining...absorption coefficients in...frequency bands...When perfect absorption happens, NRC becomes 1...noise absorption coefficients of nonwoven fabrics are commonly determined using ASTM C423 (p. 127) further wherein “One of the most important parameters used for defining acoustical” properties is “absorption” (p. 129 lines 6-7). “In ASTM C423...sound absorption is measured when the room is empty and then sound absorption is measured again when the nonwoven fabric is in the room” (p. 132 lines 6-18).
Moreover and in relation to fabric weight: Padhye teaches “areal density” is one of “Important physical properties of nonwoven fabrics for acoustical applications” (p. 116 lines 26-27) and further teaches other physical properties for acoustical applications including “volumetric density, porosity, particle size distribution, tortuosity and thickness” (p. 116 lines 27-28).
Lawrence and Padhye are combinable in that each is directed to acoustic properties of nonwoven fabrics and acoustic properties of nonwoven fabrics in a garment context.
Because Lawrence is concerned with acoustic properties of a breathable nonwoven fabric and provides a range (i.e. i.e. “about 5oz/yd2 or more” (para 23)) encompassing the claimed limitation of a layer being a lightweight breathable non-woven fabric, the claimed limitation of barrier layer being a lightweight breathable non-woven fabric considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed lightweight fabric in order to provide desired garment properties. The claimed weight is merely an optimum or workable weight and the basis weight of the fabric is expected to affect the acoustic properties of the breathable nonwoven, as taught by Padhye, and also how heavy the breathable nonwoven fabric is per unit area due to its being a basis weight.
Therefore, it 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 to have modified the hooded garment of Hunkele such that its first garment portion is provided with a sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively, in order to yield the predictable result of a hooded sweatshirt whose first garment portion is configured to restrict undesirable sound by both blocking and also absorbing and further wherein lightweight nature of the sound barrier layer is such that the first garment portion is configured to be easily pivoted (in the manner described in Hunkele para 47) about the second garment portion 102 due to the lightweight nature thereof for the purpose of pivoting the first garment portion onto the head and pivoting the first garment portion off the head without the user having to exert excessive force thereon to so pivot the first garment portion.
Thus the modified Hunkele comprises a sound attenuating cloth (insofar as the sound barrier layer thereof is a fabric) that comprises a lightweight layer of sound barrier material, wherein the sound barrier layer comprises a lightweight, breathable, non-woven fabric formed with a material that both blocks sound according to a sound transmission class (STC) rating and absorbs sound according a noise reduction coefficient (NRC) rating, wherein the sweatshirt is configured, so that in the sound-reducing state during wear, and based on the respective sound transmission class (STC) and noise reduction coefficient (NRC) properties of the lightweight sound barrier layer, the sweatshirt operates to reduce and absorb sound that might pass through the opening and over the at least one lightweight layer of sound absorbing mateira.
Regarding the claimed base layer and lightweight layer of sound-absorbing material:
In further view of Padhye:
Padhye teaches a “Noise/sound absorption coefficient (NAC)...to define...acoustic property” (p. 74 line 33-35) wherein “fabrics...having...6-10...layers” are provided such that “with increasing number of...layers, NAC values were...increased” (p. 86 lines 2-7).
Padhye further teaches “nonwoven mats” wherein a multilayer “mat...DWP” has “acoustic properties” whereby the multilayer “structure” is configured “to entrap the sound wave within the structure...with air gap between them assisted in dampening the sound wave” (the paragraph spanning p. 78-79).
Padhye further teaches “Layered nonwoven...fabric with different number of layers were produced...increasing the number of layers resulted in higher sound absorption coefficient” (p. 102 lines 12-18).
Padhye further teaches that for “barrier materials”, “better performance can be achieved using multilayer panels” wherein the “transmission loss” “for such panels can be more like 12 dB/octave rather than 6 dB/octave of a single layer” (p. 148 lines 12-14).
It 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 to have modified the modified Hunkele such that it is provided with two additional layers of lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to each additional layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) in order to improve the capability of the first garment portion to block and/or absorb sound due to the presence of the additional layers that are block and/or absorb sound waves and/or the due to the provision of an air gap between respective pairs of the combined three layers, as suggested by Hunkele (p. 86; p. 78-79; p. 102; p. 148).
In adopting the modification, the modified Hunkele would meet the following limitations:
the first garment portion formed as a hood portion of the sweatshirt from a sound attenuating cloth that comprises a base layer (one of the two additional layers as explained in the modification above on p. 33 of the present Office action) upon which a lightweight layer of sound barrier material (i.e. the sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) as explained on p. 31-32 of the present Office action) is provided, and at least one lightweight layer of sound-absorbing material provided (the other of the two additional layers as explained in the modification above on p. 33 of the present Office action, wherein it is noted that a lightweight layer that is configured to both block and absorb sound is a lightweight layer of sound-absorbing material) on the lightweight sound barrier layer; wherein the lightweight layer of sound absorbing is intended to operate as an innermost layer (the three layers of the modified Hunkele are configured such that one of the three layers is an innermost layer when worn and the other two are provided more exterior when worn; it is noted that each of the three layers is configured to both block and absorb sound) facing and being closest to the wearer’s head, when worn; wherein the sound attenuating cloth is arrangeable to minimize any gaps between the at least one lightweight layer of sound absorbing material and the wearer’s face at the entrance area (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)); wherein the sweatshirt is configured, so that in the sound-reducing state during wear, and based on the respective sound transmission class (STC) and noise reduction coefficient (NRC) properties of the lightweight sound barrier layer, the sweatshirt operates to reduce and absorb sound that might pass through the opening and over the at least one lightweight layer of sound- absorbing material (garment is configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
The modified Hunkele does not meet the limitation the at least one lightweight layer of sound-absorbing material being at least one flexible, lightweight layer of sound-absorbing material.
However and in further view of Padhye:
Padhye teaches “flexible...textile structures...can be used for acoustic applications” (p. 18 line 30).
It 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 to have modified the modified Hunkele such that its lightweight layer of sound-absorbing material is a flexible lightweight layer of sound-absorbing material in order to yield the predictable result of permitting the layer of sound-absorbing material to flex and conform to a wearer’s head when the first garment portion is pivoted over the wearer’s head and/or when the head drawstrings pull the first garment portion around the wearer’s head.
Regarding the claimed first area and second area
The modified Hunkele as set forth above does not meet the limitation:
wherein the sound attenuating cloth is provided in the first area covering an ear of the wearer and provided continuously in a second area between the entrance area and the first area; wherein the sound attenuating cloth blocks and absorbs sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the entrance area, the first area, and in the second area; and adjusting a length of the first and second areas modifies an amount of blocked and/or absorbed sound.
However and in further view of Hunkele:
Hunkele teaches the first garment portion 122 is configured to “encapsulate[] the head and ears” for a purpose of “the head is protected from...noises” (para 47) further wherein “The head portion...at least partially cover the ears, thereby restricting undesirable sound” (para 51) and as embodied in Fig. 1, Hunkele first garment portion 122 comprises a first area configured to cover an ear and also a second area continuous therewith between the entrance area and extending to the first area (see annotated Fig. 1 – b presented in above treatment of claim 21).
It 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 to have modified the modified Hunkele such that its sound attenuating cloth is provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending to the first area in order to yield the predictable result of a hooded garment whose first area and second area are both configured to restrict the ingress of sound though the sound attenuating cloth at the locations of the combined first and second areas and towards the wearer’s ears and head due to the presence of the sound attenuating cloth in both the first area and the second area.
In adopting the modification, the modified Hunkele would meet the limitation: wherein the sound attenuating cloth is provided in the first area covering an ear of the wearer and provided continuously in a second area between the entrance area and the first area; wherein the sound attenuating cloth blocks and absorbs sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the entrance area, the first area, and in the second area; and adjusting a length of the first and second areas modifies an amount of blocked and/or absorbed sound (i.e. adjusting the arrangement of each of the first and second areas relative to the wearer’s head via “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50); it is noted the term “length” means “the linear extent or measurement of something from end to end”; length. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved March 13 2026 from https://www.thefreedictionary.com/length and that the act of translating a linear extent of each of the first and second areas relative to the wearer’s body is a spatial adjustment of a linear extent of each of the two areas modifies an amount of blocked and/or absorbed sound (garment is configured such that when first garment portion is drawn around the head by its head drawstring, lengths of first and second areas are spatially adjusted relative to the wearer’s head such that gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head such that the amount of blocked and/or absorbed sound is modified in that less sound is allowed to enter through the space between the first garment portion and the wearer’s face such that less sound will interact with the first garment portion that blocks and/or absorbs sound; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
Regarding claim 28:
Hunkele in view of Lawrence and Padhye teach The comfortable hooded sweatshirt of claim 22, as set forth above.
The modified Hunkele further meets the limitation wherein an amount of sound that is blocked and absorbed (by virtue of the capability to block and also absorb sound as set forth in addressing the parent claim above) relates to (it is noted the term “relate” means “To have connection, relation, or reference”; relate. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved March 13 2026 from https://www.thefreedictionary.com/relate) a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater (Hunkele is configured to block and absorb sound; the garment is capable of blocking sound by a certain amount and absorbing sound by another certain amount; these amounts are related to the transmission loss, STC, and NRC as claimed in that the transmission loss, STC, and NRC as claimed are also metrics of capability of blocking and absorbing sound.
Claim(s) 23 and 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Hunkele, US 2015/0250240, previously cited; see the PTO-892 of 06/24/2020] in view of [Lawrence, US 2014/0273705, newly cited], and [Padhye, NPL 2016, newly cited].
Regarding claim 23:
Hunkele discloses:
A comfortable (para 26) hooded sweatshirt 100 (i.e. “garment 100” including “head portion 122...hoodie or cap” such that sweatshirt is hooded; para 47) configured to be worn by a wearer (as evidenced by its capability to encapsulate the “head and ears” (para 47) and to cover “torso, shoulders, abdomen, and back” (para 28)), including children and adults (garment is capable of being worn by a wearer who will fit within the garment including a child or an adult; it is noted that it is possible for child approaching adulthood to have a similar body size as an adult and it is further possible for a small adult to have a similar body size as a child) in an environment having one or more acoustic waves (“noises”; paras 47 and 75; “sound” (paras 51 and 78); , the sweatshirt further configured to enable a wearer to effect an arrangement to realize a sound-reducing state in which sounds from acoustic waves are restricted, based on the arrangement by the wearer (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) as evidenced by the head portion 122 being configured to “restrict[] undesirable sound” (paras 51 and 78) when covering the ears and in the sound-reducing state) comprising:
a first garment portion 122 (i.e. “head portion 122”; para 25) formed as a hood portion (“hoodie”; para 47; Fig. 1) of the sweatshirt, the first garment portion 122 from a sound attenuating material (i.e. formed of a material that is configured to “at least partially cover the ears, thereby restricting undesirable sound”; para 78) wherein the first garment portion is configured to be arrangeable to the wearing arrangement to surround the wearer's head (“encapsulates the head and ears”; para 47) leaving an opening (see annotated Fig. 1 – a presented in above treatment of claim 21) for the wearer's face, when worn, wherein the opening forms an entrance area for the acoustic waves (opening is configured such that acoustic waves are capable of entering through the opening), wherein the sound attenuating material is provided in a first area covering an ear of the wearer (“cover the ears”; para 78) when the sweatshirt is worn, forming a substantially enclosed reduced-sound zone about the wearer’s ears when the first garment portion is engaged in the sound-reducing state (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and consistent with how the present disclosure describes substantially closing an inner volume by tying drawstrings tight (see the paragraph spanning p. 2-3 of the present specification as filed));
wherein the sound attenuating material operates to restrict sound from the acoustic waves as the acoustic waves pass over the sound attenuating material in the first area (para 78);
wherein an amount of restricted sound is adjustable such that the wearer may modify the arrangement to minimize any gaps between the sound attenuating material and the wearer’s face at the entrance area (when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50)); and
a second garment portion 102 (i.e. “body portion 102”; para 28) formed as a trunk portion of the sweatshirt (“chest...lower torso and waist”; para 70) that is operable (“head portion...detachably join with...body portion 102”; para 47) with the first garment portion 122 independent of whether the first garment portion is in the sound- reducing state (providing the first garment portion in the sound-reducing state occurs when “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50) and the combined first garment portion and second garment portion are capable of being operated—for example worn—by a wearer whether the first garment portion is in the sound-reducing state or not);
wherein in the sound-reducing state, the sound attenuating material reduces sound from the acoustic waves passing through the opening and through the first area, whether the sound enters the opening or another opening into the substantially enclosed reduced-sound zone (garment and sound attenuating material are configured such that when first garment portion is drawn around the head by its head drawstring, gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head so as to attenuate an amount of sound passing from entrance area over sound attenuating material and into the substantially enclosed reduced-sound zone; it is noted the garment will fit wearers of different sizes differently such that the limitation is met; in addition, Hunkele is configured such that sound is capable from entering via another opening 124 whereby the egress of sound passing through opening 124 and towards and/or through the first area and/or the closed opening is restricted in the same way that the first area and the drawn drawstrings result in the capability to restricts the ingress of sound from outside of the garment).
Hunkele does not expressly disclose:
The comfortable hooded sweatshirt configured to enable a wearer to effect an arrangement to realize a sound-reducing state in which sounds from acoustic waves are blocked and/or absorbed, based on the arrangement by the wearer.
the first garment portion formed as a hood portion of the sweatshirt from a sound attenuating cloth that comprises a base layer upon which a lightweight sound barrier layer is provided wherein at least one layer of flexible, lightweight sound-absorbing material is provided on the sound barrier layer wherein the at least one layer of flexible lightweight sound-absorbing material operates as an innermost layer that faces and is closest to the wearer’s head when worn,
Hunkele does not expressly disclose wherein the sound attenuating cloth comprising the base layer, the lightweight sound barrier layer and the at least one layer of flexible, lightweight sound absorbing material operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area.
Hunkele does not expressly disclose wherein an amount of blocked and/or absorbed sound is adjustable such that the wearer may modify the arrangement to minimize any gaps between the lightweight sound absorbing material and the wearer’s face at the entrance area.
Hunkele does not expressly disclose wherein in the sound-reducing state, the lightweight sound barrier layer, formed with a materials exhibiting sound blocking properties and sound absorbing properties, the base layer and the at least one layer of lightweight sound absorbing materials comprising the sound attenuating cloth reduce sound from the acoustic waves passing through the opening, and through the first area, whether the sound enters the opening or another opening into the substantially enclosed reduced-sound zone, and wherein the lightweight sound barrier layer comprises a lightweight, breathable, non-woven fabric formed with a material that both blocks sound according to a sound transmission class (STC) rating and absorbs sound according to a noise reduction coefficient (NRC) rating.
Rather, Hunkele is silent as to, specifically, the material(s) of construction of head portion 122 which provide the capability of “restricting undesirable sound” (para 51) when “The head portion 122 ...at least partially cover the ears” (para 51). Hunkele is moreover silent as to the mode of action of “restricting undesirable sound” and whether the “restricting undesirable sound” is blocking and/or absorbing.
However, Lawrence teaches a breathable (“allow gases such as air to pass”; para 24; “gas permeability”; para 25; “gases are able to flow through”; para 26) non-woven fabric (“Nonwoven structures...made from fibers...assembled together...without weaving or knitting” (para 2)) appropriate for a garment (i.e. “nonwoven structures...used...for apparel”; para 2) wherein the non-woven fabric is configured to restrict sound (“a relatively high degree of soundproofing or acoustic insulation is achieved using nonwoven structures”; para 58) further wherein the non-woven fabric has a basis weight in the range of “about 5oz/yd2 or more” (para 23). Lawrence further teaches the “Acoustic insulation of a material can be determined, for example, as acoustic absorption (i.e., the absorption of sound waves into the material), and/or as acoustic transmission (i.e., the degree to which sound waves can pass through the material)” (para 59) and further teaches “examples of testing methods that can be used to determine acoustic absorption and/or acoustic transmission...include...ASTM C423 (Standard Test Method for Sound Absorption and Sound Absorption Coefficients by the Reverberation Room Method), or ASTM E90 or ASTM E90-2 (Standard Test Method for Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions and Elements)” (para 61), wherein ASTM E90-02 is a test method for determining a sound transmission class (STC) rating (as evidenced by extrinsic reference [ASTM E90-20, NPL, 2002]; see section 13.1.11 and 13.1.11.1 thereof) and further wherein ASTM C423 is a test method for determining a noise reduction coefficient (as evidenced by extrinsic reference [ASTM C423-17, NPL, 2017]; see sections 3.2 and 12.1.3 thereof).
It is noted that the weight range taught by Lawrence (i.e. “about 5oz/yd2 or more” (para 23)) includes a weight that is lightweight as claimed insofar as the present disclosure describes “Lumitex...light fabric” in contrast to the “uncomfortable...weight” of “one pound per square foot” of “mass loaded vinyl” (2nd full paragraph of p. 5 of the specification as filed) wherein it is noted that a basis weight of one pound per square foot is equivalent to 144 ounces per square yard. In other words, the range taught by Lawrence includes values that are lighter than the “uncomfortable” weight disclosed by the Applicant such that the range of Lawrence includes lightweight basis weights as claimed.
Moreover and within the context of garments (“Clothing Technology” (title)) Padhye teaches in regards to “Acoustical Test Methods for Nonwoven Fabrics” (title of the chapter beginning on p. 115) that “Sound transmission loss is an important parameter that shows how much nonwoven fabric transmits sound waves...transmission loss...measured” in a “procedure, the sound wave is sent to the nonwoven fabric, and the microphone on the other side measures the amount of sound energy. Since the sound energy that was sent at the first place is known, the difference between the value and the one measured by the microphone calculates the sound transmission loss” (p. 133) and further teaches “ASTM E90-09...measures...sound transmission loss” (p. 123; Table 1 row 7).
Padhye further teaches “The Noise Reduction Coefficient (NRC) is a ...rating...calculated by determining...absorption coefficients in...frequency bands...When perfect absorption happens, NRC becomes 1...noise absorption coefficients of nonwoven fabrics are commonly determined using ASTM C423 (p. 127) further wherein “One of the most important parameters used for defining acoustical” properties is “absorption” (p. 129 lines 6-7). “In ASTM C423...sound absorption is measured when the room is empty and then sound absorption is measured again when the nonwoven fabric is in the room” (p. 132 lines 6-18).
Moreover and in relation to fabric weight: Padhye teaches “areal density” is one of “Important physical properties of nonwoven fabrics for acoustical applications” (p. 116 lines 26-27) and further teaches other physical properties for acoustical applications including “volumetric density, porosity, particle size distribution, tortuosity and thickness” (p. 116 lines 27-28).
Lawrence and Padhye are combinable in that each is directed to acoustic properties of nonwoven fabrics and acoustic properties of nonwoven fabrics in a garment context.
Because Lawrence is concerned with acoustic properties of a breathable nonwoven fabric and provides a range (i.e. i.e. “about 5oz/yd2 or more” (para 23)) encompassing the claimed limitation of a layer being a lightweight breathable non-woven fabric, the claimed limitation of barrier layer being a lightweight breathable non-woven fabric considered as a result-effective variable such that one of ordinary skill could have arrived at the claimed lightweight fabric in order to provide desired garment properties. The claimed weight is merely an optimum or workable weight and the basis weight of the fabric is expected to affect the acoustic properties of the breathable nonwoven, as taught by Padhye, and also how heavy the breathable nonwoven fabric is per unit area due to its being a basis weight.
Therefore, it 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 to have modified the hooded garment of Hunkele such that its first garment portion is provided with a sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC), respectively, in order to yield the predictable result of a hooded sweatshirt whose first garment portion is configured to restrict undesirable sound by both blocking and also absorbing and further wherein lightweight nature of the sound barrier layer is such that the first garment portion is configured to be easily pivoted (in the manner described in Hunkele para 47) about the second garment portion 102 due to the lightweight nature thereof for the purpose of pivoting the first garment portion onto the head and pivoting the first garment portion off the head without the user having to exert excessive force thereon to so pivot the first garment portion.
Thus the modified Hunkele a comfortable hooded sweatshirt configured to enable a wearer to effect an arrangement to realize a sound-reducing state in which sounds from acoustic waves are blocked and/or absorbed, based on the arrangement by the wearer and comprises a sound attenuating cloth (insofar as the sound barrier layer thereof is a fabric) that operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and that comprises a lightweight layer of sound barrier material, wherein in the sound-reducing state, the lightweight sound barrier layer, formed with a materials exhibiting sound blocking properties and sound absorbing properties, reduce sound from the acoustic waves passing through the opening, and through the first area, whether the sound enters the opening or another opening into the substantially enclosed reduced-sound zone, and wherein the lightweight sound barrier layer comprises a lightweight, breathable, non-woven fabric formed with a material that both blocks sound according to a sound transmission class (STC) rating and absorbs sound according to a noise reduction coefficient (NRC) rating.
Regarding the claimed base layer and lightweight layer of sound-absorbing material:
In further view of Padhye:
Padhye teaches a “Noise/sound absorption coefficient (NAC)...to define...acoustic property” (p. 74 line 33-35) wherein “fabrics...having...6-10...layers” are provided such that “with increasing number of...layers, NAC values were...increased” (p. 86 lines 2-7).
Padhye further teaches “nonwoven mats” wherein a multilayer “mat...DWP” has “acoustic properties” whereby the multilayer “structure” is configured “to entrap the sound wave within the structure...with air gap between them assisted in dampening the sound wave” (the paragraph spanning p. 78-79).
Padhye further teaches “Layered nonwoven...fabric with different number of layers were produced...increasing the number of layers resulted in higher sound absorption coefficient” (p. 102 lines 12-18).
Padhye further teaches that for “barrier materials”, “better performance can be achieved using multilayer panels” wherein the “transmission loss” “for such panels can be more like 12 dB/octave rather than 6 dB/octave of a single layer” (p. 148 lines 12-14).
It 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 to have modified the modified Hunkele such that it is provided with two additional layers of lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to each additional layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) in order to improve the capability of the first garment portion to block and/or absorb sound due to the presence of the additional layers that are block and/or absorb sound waves and/or the due to the provision of an air gap between respective pairs of the combined three layers, as suggested by Hunkele (p. 86; p. 78-79; p. 102; p. 148).
In adopting the modification, the modified Hunkele would meet the following limitations:
the first garment portion formed as a hood portion of the sweatshirt from a sound attenuating cloth that comprises a base layer (one of the two additional layers as explained in the modification above on p. 46 of the present Office action) upon which a lightweight layer of sound barrier material (i.e. the sound barrier layer being a lightweight, breathable, non-woven fabric formed with a material that both blocks and absorbs sound according to the sound barrier layer’s sound transmission class (STC) rating and noise reduction coefficient (NRC) as explained on p. 44-45 of the present Office action) is provided, wherein at least one lightweight layer of sound-absorbing material provided (the other of the two additional layers as explained in the modification above on p. 46 of the present Office action, wherein it is noted that a lightweight layer that is configured to both block and absorb sound is a lightweight layer of sound-absorbing material) on the lightweight sound barrier layer; wherein the at least one layer of lightweight sound absorbing material operates as an innermost layer (the three layers of the modified Hunkele are configured such that one of the three layers is an innermost layer when worn and the other two are provided more exterior when worn; it is noted that each of the three layers is configured to both block and absorb sound) that faces and is closest to the wearer’s head when worn; wherein the sound attenuating cloth comprising the base layer, the lightweight sound barrier layer and the at least one layer of lightweight sound absorbing material operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area; wherein in the sound-reducing state, the lightweight sound barrier layer, formed with a materials exhibiting sound blocking properties and sound absorbing properties, the base layer and the at least one layer of flexible, lightweight sound absorbing materials comprising the sound attenuating cloth reduce sound from the acoustic waves passing through the opening, and through the first area, whether the sound enters the opening or another opening into the substantially enclosed reduced-sound zone.
The modified Hunkele does not meet the limitation the at least one lightweight layer of sound-absorbing material being at least one flexible, lightweight layer of sound-absorbing material.
However and in further view of Padhye:
Padhye teaches “flexible...textile structures...can be used for acoustic applications” (p. 18 line 30).
It 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 to have modified the modified Hunkele such that its lightweight layer of sound-absorbing material is a flexible lightweight layer of sound-absorbing material in order to yield the predictable result of permitting the layer of sound-absorbing material to flex and conform to a wearer’s head when the first garment portion is pivoted over the wearer’s head and/or when the head drawstrings pull the first garment portion around the wearer’s head.
Regarding the claimed first area and second area
The modified Hunkele as set forth above does not meet the limitation:
wherein the at least one layer of flexible lightweight sound-absorbing material is provided in a first area covering an ear of the wearer when the sweatshirt is worn, layer of lightweight sound absorbing material provided continuously in a second area between the entrance area and extending to at least the first area, wherein the sound attenuating cloth operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and in the continuous second area; wherein an amount of blocked and/or absorbed sound is adjustable such that the wearer may modify the arrangement to minimize any gaps between the flexible, lightweight sound absorbing material and the wearer’s face at the entrance area by adjusting a length of the first and second areas.
However and in further view of Hunkele:
Hunkele teaches the first garment portion 122 is configured to “encapsulate[] the head and ears” for a purpose of “the head is protected from...noises” (para 47) further wherein “The head portion...at least partially cover the ears, thereby restricting undesirable sound” (para 51) and as embodied in Fig. 1, Hunkele first garment portion 122 comprises a first area configured to cover an ear and also a second area continuous therewith between the entrance area and extending to the first area (see annotated Fig. 1 – b presented in above treatment of claim 21).
It 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 to have modified the modified Hunkele such that its sound attenuating cloth and its layer of lightweight sound absorbing material are provided in a first area covering the ear of the wearer and provided continuously in a second area between the entrance area and extending to the first area in order to yield the predictable result of a hooded garment whose first area and second area are both configured to restrict the ingress of sound though the sound attenuating cloth at the locations of the combined first and second areas and towards the wearer’s ears and head due to the presence of the sound attenuating cloth in both the first area and the second area.
In adopting the modification, the modified Hunkele would meet the limitation: wherein the at least one layer of flexible lightweight sound-absorbing material is provided in a first area covering an ear of the wearer when the sweatshirt is worn, layer of lightweight sound absorbing material provided continuously in a second area between the entrance area and extending to at least the first area, wherein the sound attenuating cloth operates to block and absorb sound from the acoustic waves as the acoustic waves pass over the sound attenuating cloth in the first area and in the continuous second area; wherein an amount of blocked and/or absorbed sound is adjustable such that the wearer may modify the arrangement to minimize any gaps between the flexible, lightweight sound absorbing material and the wearer’s face at the entrance area by adjusting a length of the first and second areas (i.e. adjusting the arrangement of each of the first and second areas relative to the wearer’s head via “The free ends of the head drawstring” are “pulled through the opening to draw in the head portion 122 around the head” (para 50); it is noted the term “length” means “the linear extent or measurement of something from end to end”; length. (n.d.) Collins English Dictionary – Complete and Unabridged, 12th Edition 2014. (1991, 1994, 1998, 2000, 2003, 2006, 2007, 2009, 2011, 2014). Retrieved March 13 2026 from https://www.thefreedictionary.com/length and that the act of translating a linear extent of each of the first and second areas relative to the wearer’s body is a spatial adjustment of a linear extent of each of the two areas modifies an amount of blocked and/or absorbed sound (garment is configured such that when first garment portion is drawn around the head by its head drawstring, lengths of first and second areas are spatially adjusted relative to the wearer’s head such that gaps that would otherwise permit ingress of certain sound waves are closed upon the drawing of the drawstring around the head such that the amount of blocked and/or absorbed sound is modified in that less sound is allowed to enter through the space between the first garment portion and the wearer’s face such that less sound will interact with the first garment portion that blocks and/or absorbs sound; it is noted the garment will fit wearers of different sizes differently such that the limitation is met).
Regarding claim 29:
Hunkele in view of Lawrence and Padhye teach The comfortable hooded sweatshirt of claim 23, as set forth above.
The modified Hunkele further meets the limitation wherein an amount of sound that is blocked and absorbed (by virtue of the capability to block and also absorb sound as set forth in addressing the parent claim above) relates to (it is noted the term “relate” means “To have connection, relation, or reference”; relate. (n.d.) American Heritage® Dictionary of the English Language, Fifth Edition. (2011). Retrieved March 13 2026 from https://www.thefreedictionary.com/relate) a transmission loss in a range of 7-16 dB for frequencies of 500 Hz – 4000 Hz where the sound barrier layer displays a sound transmission class (STC) rating and the noise reduction coefficient (NRC) rating that are 0.7 or greater (Hunkele is configured to block and absorb sound; the garment is capable of blocking sound by a certain amount and absorbing sound by another certain amount; these amounts are related to the transmission loss, STC, and NRC as claimed in that the transmission loss, STC, and NRC as claimed are also metrics of capability of blocking and absorbing sound.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Extrinsic reference [ASTM E90-02, NPL 2002] discloses a test method for determining a sound transmission class (STC) rating (see section 13.1.11 and 13.1.11.1 thereof).
Extrinsic reference [ASTM C423-17, NPL 2017] discloses a test method for determining a noise reduction coefficient (see sections 3.2 and 12.1.3 thereof).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732