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 .
DETAILED ACTION
Response to Amendment
Applicant’s amendment filed September 15, 2025 has been received, Claims 1-30 are currently pending, with Claims 1-20 remaining withdrawn from prosecution at this time.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 21, 22, 27-30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaye (U.S. Patent No. 2622248) in view of Schulties (U.S. 20140026289) and further in view of Hesch (U.S. Patent No. 5084914).
Regarding claim 21, Schaye teaches a zippered garment (figs. 1,2), to be used by a wearer (col. 1, lines 12-23), the garment comprising: a right garment piece (16,10); and a left garment piece (18,12), the right garment piece (16,10) having: a right abdominal portion including: an upper right portion (A, see annotated fig.) forming a right neck half-opening at a top end thereof, a lower right portion (B, see annotated fig.) having a right crotch portion, a left-facing front straight edge (edge along 60) extending from the right neck half-opening downwardly to the right side crotch portion on a front side (fig. 1), a right front portion (52 extending from neckline to crotch) of a zipper fastener attached along the left-facing front straight edge (figs. 1,3, col. 4, lines 1-9); a right tubular leg portion (24,28): extending downwardly from the lower right portion for receiving and encompassing the wearer's right leg (col. 3, lines 60-63, figs. 1,2), and having a left-facing longitudinal slit (S of 24, 28, fig. 1) extending downwardly from the right crotch portion (fig. 1, col. 3, lines 3-15); and a right zipper fastener (56,52 extending from crotch to end of cuff) disposed along the left-facing longitudinal slit (figs. 1-3), and including a right leg closure member (86) sliding therealong for defining a closed right leg position when the right leg closure member is at the right crotch portion (fig. 1) and an open right leg position when the sliding closure member is slid towards the lower end of the right tubular leg portion (86 at the top of the cuff), (col. 5, lines 29-56); and the left garment piece (18,12) having: a left abdominal portion including: an upper left portion (C, see annotated fig.) forming a left neck half-opening at a top end thereof, a lower left portion (D, see annotated fig.) having a left crotch portion, a right-facing front straight edge (edge along 62) extending from the neck half-opening downwardly to the left side crotch portion on a side (fig. 1), a left front portion (54 extending from neckline to crotch) of a zipper fastener attached along the right-facing front straight edge (figs. 1,2); a left tubular leg portion (26,30): extending downwardly from the lower left portion for receiving and encompassing the wearer's left leg (figs. 1,2), and having a right-facing longitudinal slit (S of 26, fig. 1) extending downwardly from the left crotch portion (fig. 1); and a left zipper fastener (58, 54 extending from crotch to end of cuff): disposed along the right longitudinal slit (figs. 1-3), and including a left leg closure member (88) sliding there along for defining a closed left leg position when the left leg closure member is at the left crotch portion (fig. 1) and an open left leg position when the left leg closure member is slid towards the lower end of the left tubular leg portion (col. 5, lines 29-56) (88 at the top of the cuff); wherein the right and left portions of the zipper fasteners of the left and right abdominal portions cooperate to fasten the right garment piece and left garment piece together, at the front side of the left and right abdominal portions, to form a closed garment (figs. 1,3, col. 5, lines 29-56); and wherein a front zipper closure member (90), at the front of the fastened right and left abdominal portions, is slidable between a closed garment position in which the front closure member is at a crotch position of the garment (fig. 1), and a partly open garment position in which the front zipper closure member is slid partly away from the crotch position of the garment (position where 90 is slid part way up, toward 70), and a fully open garment position in which left and right front pieces are separated (where 90 is slid all of the way up to 70, and 70 is separated) (col. 2, lines 45-50, col. 5, lines 29-56);
but fails to teach a left-facing rear straight edge extending from the right neck half-opening downwardly to the right side crotch portion on a rear side and a right rear portion of the zipper fastener attached along the left-facing rear straight edge, a right-facing rear straight edge extending from the neck half-opening downwardly to the left side crotch portion on a rear side, and a left rear portion of a zipper fastener attached along the right-facing rear straight edge; wherein the right and left portions of the zipper fasteners of the left and right abdominal sections cooperate to fasten the right garment piece and left garment piece together, at the rear sides of the left and right abdominal portions, to form a closed garment, and wherein a rear zipper closure member, at the rear of the fastened right and left abdominal portions, is slidable between a closed garment position in which the rear zipper closure member is at a crotch position of the garment, a partly open garment position in which the rear zipper closure member is slid partly away from the crotch position of the garment and a fully open garment position in which left and right pieces are completely detached; and wherein the right garment piece and left garment piece are joinable into the closed garment position from the fully open position, while the wearer is wearing the right tubular leg portion and the left tubular leg portion, the left garment piece completely detached from the right garment piece when in a fully open garment position.
Schulties teaches a similar garment having a front (fig. 1A) with a centrally located zipper (126) and a back (fig. 1B) having a left-facing rear straight edge extending from the right neck half-opening downwardly to a bottom portion on a rear side (left facing edge along which a right half of 128 extends) and a right rear portion of the zipper fastener (right half of 128) attached along the left-facing rear straight edge (para. 16, fig. 1B), a right-facing rear straight edge extending from the neck half-opening downwardly to a bottom portion on a rear side (right facing edge along which a left half of 128 extends), and a left rear portion of a zipper fastener (left half of 128) attached along the right-facing rear straight edge (para. 16, fig. 1B); wherein the right and left portions of the zipper fasteners of the left and right abdominal sections cooperate to fasten a right garment piece (garment piece on right side of 128) and left garment piece (garment piece on left side of 128) together, at the rear sides of the left and right abdominal portions, to form a closed garment (fig. 1B, para. 16), and wherein a rear zipper closure member (123 at bottom, fig. 1B), at the rear of the fastened right and left abdominal portions, is slidable between a closed garment position in which the rear zipper closure member is at a lower portion of the garment (fig. 1B), a partly open garment position in which the rear zipper closure member is slid partly away from the lower portion of garment (123 at bottom slid upward toward 123 at top).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have added a rear zipper to the garment of Schaye such that a left-facing rear straight edge extends from the right neck half-opening downwardly to the right side crotch portion on a rear side and a right rear portion of the zipper fastener is attached along the left-facing rear straight edge, a right-facing rear straight edge extends from the neck half-opening downwardly to the left side crotch portion on a rear side, and a left rear portion of a zipper fastener is attached along the right-facing rear straight edge, wherein the right and left portions of the zipper fasteners of the left and right abdominal sections cooperate to fasten the right garment piece and left garment piece together, at the rear sides of the left and right abdominal portions, to form a closed garment, and wherein a rear zipper closure member, at the rear of the fastened right and left abdominal portions, is slidable between a closed garment position in which the rear zipper closure member is at a crotch position of the garment, and a partly open garment position in which the rear zipper closure member is slid partly away from the lower portion of garment in view of Schulties in order to allow a caregiver relatively easy and quick access to the wearer’s back area (para. 16 of Schulties).
The Schaye/Schulties combined reference fails to teach the rear zipper closure member is slidable to a fully open garment position in which left and right pieces are completely detached, and wherein the right garment piece and left garment piece are joinable into the closed garment position from the fully open garment position, while the wearer is wearing the right tubular leg portion and the left tubular leg portion.
Hesch teaches a collared garment (12) having a vertical back opening (24) extending from the bottom of the garment through the collar so as to allow the left and right edges of the vertical opening to completely detach from one another when the fasteners (27,29) are unfastened (col. 1, lines 67-68, col. 2, lines 1-12)(fig. 2), and Schaye teaches separating zippers to allow left and right garment edges to completely detach (col. 4, lines 34-50, fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have formed the collar of the Schaye/Schulties combined reference with a rear opening and to have formed the rear zipper of the Schaye/Schulties combined reference as a separating zipper such that the rear zipper closure member is slidable to an open position in which left and right rear garment edges are completely detached in view of Hesch and Schaye in order to increase versatility of the garment by allowing it to be put on or taken off the wearer while the wearer is in positions where the rear of the garment is more conveniently reached than the front such as lying down (on their stomach), or standing (with a helper behind them)(col. 1, lines 37-40 of Hesch).
The Schaye/Schulties/Hesch combined reference results in a fully open garment position in which the left and right garment pieces are completely detached due to the front and back zipper fasteners being separating zippers that can each be unzipped so that left and right garment pieces are completely detached (fig. 2 of Schaye as modified by Schulties and Hesch). The examiner notes that the right garment piece and left garment piece are joinable into the closed garment position from the fully open garment position, while the wearer is wearing the right tubular leg portion and the left tubular leg portion is a recitation of functionality/intended use of the claimed invention. Because the prior art would reasonably achieve the intended use/function, it meets the claim limitation. The right tubular leg portion and left tubular leg portion of the Schaye/Schulties/Hesch combined reference can be worn on the wearer’s legs while the front and back zipper fasteners are fully unzipped, and then the front and back zipper fasteners can be zipped so that the right garment piece and left garment piece are joined into the closed garment position.
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Regarding claim 22, the Schaye/Schulties/Hesch combined reference teaches the garment is in the partly open position when the front and rear zipper closure members are away from both the crotch position and the right and left neck half-portions, and when the left leg closure member and the right leg closure member are partly away from both the left and right crotch portions, respectively, and the left leg closure member and the right leg closure member are away from the lower ends of the left and right tubular leg portions, respectively(the preceding limitation is considered to recite a functionality of applicant’s invention and therefore because the prior art structure would reasonably perform the function, it meets the claim limitation. Left and right leg zipper closure members can be moved to a partly open position as claimed above, col. 5, lines 29-56 of Schaye, para. 16 of Schulties).
Regarding claim 27, the Schaye/Schulties/Hesch combined reference teaches the tubular leg portions each includes a cuff (28,30) at the lower end thereof, such that when the left and right leg zipper closure members are in the open left leg position and open right leg position respectively (86,88 at the top of the cuffs), each of the tubular leg portions is still partly held together at the lower end by the cuff (cuffs would remain closed with 86,88 at the top of cuffs).
Regarding claim 28, the Schaye/Schulties/Hesch combined reference teaches one or more sleeve portions (32,34) extending from at least one of the left and right abdominal portions configured for encompassing at least a portion of one or more of the wearer's arms (fig. 1, col. 3, lines 54-59).
Regarding claim 29, the Schaye/Schulties/Hesch combined reference teaches the sleeve portions (32,34) have a length configured such that when worn by the wearer, each of the sleeve portions would fully encompass the arms of the wearer down to corresponding wrists on the arms (can fully encompass the arms of the wearer down to the wrists, fig. 1).
Regarding claim 30, the Schaye/Schulties/Hesch combined reference teaches the tubular leg portions (24,28; 26,30) have a length configured such that when worn by the wearer the tubular leg portions would fully encompass the legs of the wearer down to corresponding ankles on the legs (can fully encompass the legs of the wearer down to the ankles, fig. 1).
Claims 23-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schaye (U.S. Patent No. 2622248) in view of Schulties (U.S. 20140026289) in view of Hesch (U.S. Patent No. 5084914) and further in view of Kubo (JP2002129409).
Regarding claim 23, the Schaye/Schulties/Hesch combined reference fails to teach a flap extendable over the front and rear zipper closure members and the left and right leg closure members for impeding access to the closure members when the garment is in the closed garment position.
Kubo teaches a similar garment where multiple fasteners (2,3,4) converge at the crotch (figs. 1,3) and a flap (8) is extendable over ends of the fasteners to cover the top portion of the fastener ends (fig. 3, para. 14 of translation).
Therefore, it would have been obvious to one of ordinary skill in the art at the time of the effective filing date of the claimed invention to have added a flap to the Schaye/Schulties/Hesch combined reference extendable over the front and rear zipper closure members and the left and right leg closure members in view of Kubo in order to cover the top portion of the ends of the fasteners (i.e. closure members) (para. 14 of Kubo). The flap of the Schaye/Schulties/Hesch/Kubo combined reference would impede access to the closure members when the garment is in the closed garment position because the flap would extend over the closure members.
Regarding claim 24, the Schaye/Schulties/Hesch/Kubo combined reference teaches the flap (8) is diagonally extendable over the front and rear zipper closure members and the left and right leg closure members for impeding access to the closure members when the garment is in the fully closed position (the preceding limitation is considered to recite a functionality of the claimed invention and therefore because the prior art structure is capable of performing the function, it meets the claim limitation. The garment can be oriented/rotated such that the flap is diagonally extendable over the closure members of the front zipper, rear zipper, right zipper and left zipper for impeding access to the closure members when the garment is in the fully closed position).
Regarding claim 25, the Schaye/Schulties/Hesch/Kubo combined reference teaches the flap has a first end permanently connected to a first location on one of the right garment piece and the left garment piece (end of 8 opposite 9); and a second end (end of 8 including 9), which is releasably attachable to a second location (10) on the other one of the right garment piece and the left garment piece (para. 14).
Regarding claim 26, the Schaye/Schulties/Hesch/Kubo combined reference teaches the flap is releasably attachable to the second location by a loop and hook fastener (para. 14, Velcro).
Response to Arguments
Applicant's arguments filed September 15, 2025 have been fully considered but they are not persuasive.
Applicant’s Remarks: Applicant asserts the Examiner appears to have essentially ignored the Applicant's prior submission, and has simply repeated the prior objections without addressing where there is any teaching motivation or suggestion to combine Schaye (filed 1949) with Shulties (filed 2012) and Hesch (filed 1990). Also arguing, Schaye does not disclose fully separable zippers during usual one-handed operation, as each of the zippers is designed with a stop (70, 72 and 80). The zippers are designed to prevent the full opening of the front and leg zippers during ordinary operation because of these stops. The Applicant strenuously objects to any reliance on Shulties as non-analogous art but, regardless, Shulties is not fully left-right separable. Further arguing a person skilled in the art would have no regard to Hesch. While Hesch is directed towards an invalid garment, the garment consists of a shirt and pants, which is not a onesie. Hesch would be absolutely unusable for a dementia patient for the same reason as Shulties
Examiner’s Response: Examiner respectfully disagrees and notes that Pages 13-15 of the Non-Final Rejection of March 14, 2025 thoroughly addressed Applicant’s arguments in the February 24, 2025 filing. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the Office clearly provided articulated motivation for the combination of references on Pages 6-9 in the Non-Final Rejection of March 14, 2025. Applicant’s argument that Schaye does not disclose fully separable zippers as each of the zippers is designed with a stop (70, 72 and 80) is not found persuasive as Schaye clearly shows the zippers fully separated from one another in Fig.2 & Col. 2, lines 45-50. The stops of Schaye merely stop the zipper pull from falling off of the apparel, not that they stop the full separation of the zippers. In response to applicant's argument that Shulties is nonanalogous art, it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, Shulties is an article of apparel with separable zippers which is in the field of the inventor’s endeavor and reasonably pertinent to the particular problem with which the inventor was concerned. Applicant’s argument regarding Hesch is not directed to the subject matter of the claims and, therefore, is moot. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
For all of these reasons, Applicant’s arguments are not found persuasive.
Conclusion
THIS ACTION IS MADE FINAL. 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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/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732
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