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, filed 15 January 2026, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
21, 29, 40
Newly Added
46-47
Canceled
1-20, 22-23, 25, 34, 36-37, 39
Pending
21, 24, 26-33, 35, 38, 40-47
Presented for Examination
21, 24, 26-33, 35, 38, 40-47
Response to Arguments
Applicant's arguments filed 15 January 2026 have been fully considered but they are not persuasive.
Claim Objections
Overcome by the amendment and withdrawn.
Double Patenting
Applicant does not attempt to overcome the double patenting rejection or argue against it and the rejection stands.
102 Rejections of the independent claims
Applicant argues Sherwood 10 and 14 do not form part of the second end of 10. This is not persuasive. Applicant has not defined the boundaries of the “second end” and Sherwood is reasonably interpreted such that the second end encompasses 10 and 14.
Applicant’s argument that 13, 14, and 20 are separate components is not persuasive. The components in combination form part of the extended portion. There is nothing in the claim to preclude a combination of elements to be considered the extended portion.
In light of the above, the rejection is believed to be proper.
Arguments drawn to the amended subject matter are addressed in the rejections below.
Applicant does not argue against the dependent claim rejections and the rejections stand.
103 Rejections
Applicant does not separately argue against the 103 rejections and the rejections stand.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 21, 24, 26-36, 38, 40-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-5, 9-11, and 15 of U.S. Patent No. 10,004,281 and 1-8, 11-13, 15, 17, and 19 of U.S. Patent No. 10,701,989. Although the claims at issue are not identical, they are not patentably distinct from each other. The following table shows which present claims correspond to which patented claims.
Present application 16/916,636
Reference patent 10,004,281
Reference patent 10,701,989
Claim 21, 24, 40, 43-45
Claim 1
Claim 1
Claims 26-28
Claims 1-2
Claims 2-5
Claim 29
Claim 3
Claim 5
Claim 30
Claim 4
Claim 6
Claim 31-32
Claim 5
Claim 7
Claim 33
Claim 5
Claim 8
Claim 34
Claim 9
Claim 11
Claim 35
Claim 10
Claim 12
Claim 36
Claim 11
Claim 13
Claim 38
Claim 15
Claim 17
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “point” and “outer edge” (claims 1 and 40; providing one of the existing figures with a reference character for the point and outer edge would be sufficient to overcome this objection), “section” (claims 46-47; providing one of the existing figures with a reference character for the section would be sufficient to overcome this objection) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
Claim(s) 21, 24, 28, 38, and 40-45 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sherwood (US 2253816 A).
As to claim 21, Sherwood discloses a garment (“Belt and buckle,” title) comprising:
a waistband (belt 10) having a top end (FIGS 1 and 3), a bottom end (FIGS 1 and 3), an inner surface (FIG 3 and annotated FIG 2 below), an outer surface (FIG 1 and annotated FIG 2 below), a first end (at tab 18, see annotated FIG 2 below), and a second end (at the end opposite tab 18 and including part 14, see annotated FIG 2 below); and
a button at the first end (combination of socket 19, rivet 22, shank 23, and head 24 is structurally equivalent to the claimed button and is at the end at 18 as shown in FIG 2),
wherein the waistband further includes a concealed closure at the second end (the closure comprising 11/19/23/24 is at the end at 14 and is concealed by part 14), the concealed closure including an extended portion being looped inwardly toward the inner surface of the waistband and attached to the inner surface of the waistband forming a concealing portion of the waistband (see “extended portion” in annotated FIG 1 below; part 14 of the extended portion loops inwardly toward and is attached to the inner surface of the waistband at 17 in FIG 3),
wherein a point at which the extended portion is looped inwardly forms an outer edge of the second end (see annotated FIG 1 below),
wherein the extended portion includes a button hole having an inlet and an outlet (aperture 11, with the inlet being the side closer to the inner surface and the outlet being the side closer to the outer surface),
wherein the outlet of the button hole is behind the concealing portion of the waistband (FIGS 1 and 2, both the inlet and the outlet of the buttonhole are “behind” the concealing portion because both are in an inward direction of the concealing portion),
wherein the concealed closure includes an opening above the button hole (behind 20, between 14 and 20, page 2 line 1-20), the opening above the button hole defined by the extended portion, the concealing portion, and a top edge (e.g., the top edge of 20), and
wherein the outlet is disposed on an access tunnel formed between the opening above the button hole and the outlet (FIG 2, the access tunnel being defined between 14 and 20 and between the top and bottom openings), such that the outlet is accessible by the opening above the button hole (capable of being accessed, such as by inserting an object between 20 and 14 until it reaches the buttonhole, see FIG 2).
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As to claim 24, Sherwood discloses the garment of claim 21, wherein the concealed closure further includes an opening below the button hole (FIGS 1 and 2, opening between 20 and 14), and
wherein the opening below the button hole is disposed on the access tunnel (the access tunnel being defined between 14 and 20 and between the top and bottom openings), such that the outlet is accessible by each of the opening above the button hole and the opening below the button hole (capable of being accessed, such as by inserting an object between 20 and 14 until it reaches the buttonhole, see FIG 2).
As to claim 28, Sherwood discloses the garment of claim 21, wherein the waistband is configured to stretch (page 1 line 6 discloses 10 is leather, which is a material known to have the ability to stretch).
As to claim 38, Sherwood discloses the garment of claim 21, further comprising a belt loop (13),wherein the waistband further includes an inner layer and an outer layer (FIG 2, 10 is shown in two layers where 10 overlaps itself), and wherein the belt loop is tucked underneath the outer layer of the waistband (FIGS 1-3 show 13 is tucked underneath either layers of 10).
As to claim 40, Sherwood discloses a garment (“Belt and buckle,” title) comprising:
a waistband (belt 10) having a top end (FIGS 1 and 3), a bottom end (FIGS 1 and 3), an inner surface (FIG 3 and annotated FIG 2 below), an outer surface (FIG 1 and annotated FIG 2 below), a first end (at tab 18, see annotated FIG 2 below), and a second end (at the end opposite tab 18 and including part 14, see annotated FIG 2 below); and
a button at the first end (combination of socket 19, rivet 22, shank 23, and head 24 is structurally equivalent to the claimed button and is at the end at 18 as shown in FIG 2),
wherein the waistband further includes a concealed closure at the second end (the closure comprising 11/19/23/24 is at the end at 14 and is concealed by part 14), the concealed closure including an access tunnel (FIGS 1 and 2, opening between 20 and 14; FIG 2, the access tunnel being defined between 14 and 20 and between the top and bottom openings) formed by an extended portion of the second end being looped inwardly toward the inner surface and attached to the inner surface (see annotated FIG 1 below, part 14 of the extended portion loops toward and is attached to the inner surface via 17 as shown in FIG 3),
wherein a point at which the extended portion is looped inwardly forms an outer edge of the second end (see annotated FIG 1 below),
wherein the access tunnel is defined by the extended portion (the tunnel between 14 and 20 is defined at least in part by extended portion 14), a concealing portion of the waistband (see annotated FIG 1 below), a top edge (FIGS 1 and 3), and a bottom edge (FIGS 1 and 3),
wherein the extended portion includes a button hole having an inlet and an outlet (the extended portion shown in annotated FIG 1 below includes aperture 11, with the inlet being the side closer to the inner surface and the outlet being the side closer to the outer surface),
wherein the outlet of the button hole is behind the concealing portion of the waistband (11 is concealed behind portions of 14 and 20, which are portions of the concealing portions; FIGS 1 and 2, both the inlet and the outlet of the buttonhole are “behind” the concealing portion because both are in an inward direction of the concealing portion), and
wherein the outlet of the button hole is disposed on the access tunnel (FIG 2, the access tunnel being defined between 14 and 20 and between the top and bottom openings).
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As to claims 41 and 42, Sherwood discloses a front of the button (the combination of 22, 23, and 24 is considered to be the “front” of the button comprising 19/22/23/24) is configured to be passed towards the concealing portion and through the button hole (at least shank 23 and/ or portions of 22 and 24 are capable of being passed toward the concealing portion and through the button hole 11, and page 2 col 1 line 25-30 expressly discloses the stud which is the combination of 23 and 24 passes through 11), such that the front of the button is positioned entirely within the access tunnel (FIGS 1-2 show the front of the button 23/24 positioned entirely between the extending and concealing portions).
As to claim 43, Sherwood discloses the garment of claim 21, wherein the opening above the button hole is in direct communication with the outlet via the access tunnel (the opening is in direct communication with 11 as shown in FIG 3).
As to claim 44, Sherwood discloses the garment of claim 40, wherein the access tunnel is directly adjacent to the outlet (the access tunnel being between the top and bottom edges as shown in annotated FIG 1 above, the access tunnel is directly adjacent 11 as shown in FIG 3).
As to claim 45, Sherwood discloses the garment of claim 40, wherein the outlet is accessible by the access tunnel (capable of being accessed, such as by inserting an object between 20 and 14 until it reaches the buttonhole, see FIG 2).
As to claims 46 and 47, Sherwood discloses wherein the extended portion includes a section of the waistband extending beyond the button hole away from the outer edge (the portion of the extended portion that is under 13 as shown in FIGS 1 and 2), and wherein the section of the waistband is attached to the inner surface of the waistband (the section is attached directly to the inner surface of 13 as shown in FIG 2, and indirectly to other inner surfaces of the waistband, such as the inner surface of 10 as shown in FIG 2).
Claim Rejections - 35 USC § 103
Claim(s) 26-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sherwood (US 2253816 A).
As to claim 26, Sherwood does not disclose the garment of claim 21, wherein the garment is a pant.
Sherwood discloses the garment is a belt 10 which is known to be worn in combination with the waistband of a garment such as a pant or short. One of ordinary skill in the art would expect Sherwood’s belt to be combinable with a pant or short.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have combined the belt with the waistband of a pant or short to result in the combined garment being a pant or short, for the purpose of concealing the wearer’s legs.
As to claim 27, Sherwood does not disclose the garment of claim 21, wherein the garment is a short.
Sherwood discloses the garment is a belt 10 which is known to be worn in combination with the waistband of a garment such as a pant or short. One of ordinary skill in the art would expect Sherwood’s belt to be combinable with a pant or short.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have combined the belt with the waistband of a pant or short to result in the combined garment being a pant or short, for the purpose of concealing the wearer’s legs.
Claim(s) 29-34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sherwood (US 2253816 A) as applied to claim 28 above, and further in view of Quinones (US 5867836 A).
As to claim 29, Sherwood as modified does not disclose the garment of claim 28, wherein the waistband further includes a band of elastic material.
Quinones teaches a similar garment (“Waist band trouser or skirt holder,” title) including the waistband further includes a band of elastic material (elastic strip 4).
Sherwood discloses the garment is a belt 10 which is known to be worn in combination with the waistband of a garment. One of ordinary skill in the art would expect Sherwood’s belt to be combinable with a pant or short such as the pant or short taught by Quinones.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have combined the belt of Sherwood with the waistband of Quinones’ pant or short to result in the combined garment being a pant or short including the waistband further includes a band of elastic material, for the purpose of concealing the wearer’s legs.
As to claim 30, Sherwood as modified by Quinones discloses the garment of claim 29, wherein the elastic material is concealed by an outside layer of the waistband (in the combination presented in claim 29 above, Quinones’ 4 would be concealed by Sherwood’s 10).
As to claim 31, Sherwood as modified by Quinones does not disclose the garment of claim 30, wherein the outside layer of the waistband is made of a stretchable fabric.
Sherwood discloses the outside layer 10 is “leather or analogous flexible material” but not specifically that the “leather or analogous flexible material” is stretchable fabric. One of ordinary skill in the art would recognize that leather has a degree of stretchability, so is a stretchable material, although it is not necessarily fabric. Further, one of ordinary skill would expect Sherwood’s “analogous flexible material” to include fabric. Therefore, stretchable material and fabric are both within the scope of the Sherwood reference.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the outside layer as a stretchable fabric, such as a known stretchable fabric including polyester, cotton, and spandex, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the outside layer as a stretchable fabric, such as a known stretchable fabric including polyester, cotton, and spandex, for the purpose of providing a known analogous flexible material.
As to claim 32, Sherwood as modified discloses the garment of claim 31, wherein the stretchable fabric includes polyester, cotton, and spandex (see the rejection of claim 31 above).
As to claim 33, Sherwood as modified by Quinones discloses the garment of claim 32, further comprising first and second legs (abstract, FIGS 8 and 9, this is a known structure of trousers), but does not disclose the legs are made of the stretchable fabric.
Stretchable fabric is a known material for trouser legs.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first and second legs in stretchable fabric, since it is within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first and second legs in stretchable fabric, and particularly one capable of withstanding industrial laundering, for the purpose of providing a known material for pant legs that provides the desired flexibility and durability.
As to claim 34, Sherwood as modified discloses the garment of claim 33, wherein the stretchable fabric is configured to withstand industrial laundering (capable of withstanding industrial laundering).
Claim(s) 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sherwood (US 2253816 A) as applied to claim 21 above, and further in view of Grover (US 4613991 A).
As to claim 35, Sherwood does not disclose the garment of claim 21, further comprising first and second legs that each include a reinforced knee portion.
Sherwood discloses the garment is a belt 10 which is known to be worn in combination with the waistband of a garment such as a pant or short. One of ordinary skill in the art would expect Sherwood’s belt to be combinable with a pant or short.
Grover teaches work pants having first and second legs (FIGS 1-3) that each include a reinforced knee portion (at 30). Grover also teaches the pants have a waistband 10 having belt loops (FIGS 1 and 2); therefore, wearing Grover’s pants in combination with a belt such as Sherwood’s is within the scope of the Grover reference.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have combined the belt with the waistband of a pant or short to result in the combined garment being a pant or short, for the purpose of concealing the wearer’s legs, and further to provide legs that each include a reinforced knee portion, for the purpose of protecting the user’s knees (Grover abstract).
Claim(s) 36 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sherwood (US 2253816 A) as applied to claim 21 above, and further in view of Razzaghi et al. (US 7958569 B2)
As to claim 36, Sherwood does not disclose the garment of claim 35, wherein the reinforced knee portion of each of the first and second legs is configured to provide an enhanced articulation of a leg at a knee.
Sherwood discloses the garment is a belt 10 which is known to be worn in combination with the waistband of a garment such as a pant or short. One of ordinary skill in the art would expect Sherwood’s belt to be combinable with a pant or short.
Razzaghi teaches work pants having first and second legs (FIG 2) that each include a reinforced knee portion (at 68) and are provide an enhanced articulation of a leg at a knee (capable of enhancing, via the darts on each lateral side).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to have combined the belt with the waistband of a pant or short to result in the combined garment being a pant or short, for the purpose of concealing the wearer’s legs, and further to provide legs that each include a reinforced knee portion, for the purpose of providing reinforcement to the garment while allowing relatively free movement (Razzaghi col 1 line 49-51).
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732