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 .
Status of the Claims
As directed by the amendment received on February 7, 2026, claims 1, 3, 8, 10, 12, 15, and 17-18 have been amended. Claims 2, 4, 6-7, 9, 11, 13-14, 16, and 20 were previously canceled. Accordingly, claims 1, 3, 5, 8, 10, 12, 15, and 17-19 are currently pending in this application.
Response to Amendment
The amendments filed with the written response received on February 7, 2026, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated October 10, 2025, are hereby withdrawn unless specifically noted below.
Specification – Disclosure
As an initial matter, Examiner respectfully requests that amendments to the specification be made with respect to the written disclosure of the application as presented in the file wrapper and not with respect to paragraph numbers of the published application in order to avoid confusion and to promote clarity of the record.
Examiner again notes that Applicant has improperly indicated amendments to the application. Specifically, Applicant failed to properly underline at least the added text of “essentially” in the last sentence of Applicant-identified [0066]. Applicant is advised that any future correspondence having improperly indicated amendments to any part of the application will be met with a Notice of Non-Compliant Amendment.
The amendment filed February 7, 2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows:
a “one-piece, straight” tubular wall or sleeve as recited in amended Applicant-identified [0066]
the garment being made from an elastic material that is “seamless” and “essentially forming a straight elastic cloth tube featuring parallel sides with no curving in an unstretched state” as recited in amended Applicant-identified [0066]
the garment being “seamless” and “one-piece” as recited in amended Applicant-identified [0066]
Examiner notes that the words/phrases “one-piece”, “straight”, “seamless”, “parallel”, and “no curving” do not appear in the application as originally filed. Furthermore, the figures as originally filed alone do not remedy these deficiencies. Specifically, the disclosed garment is depicted as having at least some varying, non-straight curvature throughout the figures. Additionally, several stitched seams and seams for joining more than one piece are discussed by Applicant throughout the application and one cannot simply assume that a depicted structure in a figure is seamless.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Objections
Claims 3, 5, 10, 12, and 17-19 are each objected to because in each preamble, “The method for covering a user’s neck and chest […]” should instead read “The method […]” to avoid repeated reference to “a user”.
Appropriate correction is required.
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 1, 3, 5, 8, 10, 12, 15, and 17-19 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.
Claims 1, 8, and 15 each recite the limitation “a one-piece sleeve” including “a straight one-piece seamless tubular wall” at least at lines 3-4. This limitation was not described in the specification as originally filed. Indeed, the words “one-piece”, “straight”, and “seamless” do not appear in the application as originally filed. Furthermore, several stitched seams are discussed by Applicant throughout the application. Therefore, for at least these reasons, the limitation constitutes new matter and should be removed from the claims wherever it appears. See objection to the specification above for additional discussion.
Claims 5, 12, and 19 each recite the limitation said straight one-piece seamless tubular wall “features parallel sides and no curving” at least at lines 2-3, with claim 12 further recited “in an unstretched state”. This limitation was not described in the specification as originally filed. Indeed, the word “parallel” and the phrase “no curving”, or any equivalent words or phrases, do not appear in the application as originally filed. Furthermore, Applicant’s drawings illustrate at least some curvature of the tubular wall when worn. Therefore, for at least these reasons, the limitation constitutes new matter and should be removed from the claims wherever it appears. See objection to the specification above for additional discussion.
Claims 3, 5, 10, 12, and 17-19 are also rejected for being dependent on 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.
Claims 3, 8, 10, 12, and 17 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 3 and 17 each recites the limitation “providing a relief in said upper rear edge proximate to a strap attached proximate to the upper rear edge”. It is unclear to what other structure the strap is attached. Furthermore, it is unclear if the strap is part of the provided sleeve or some other structure, as the strap was never positively recited in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “providing a strap and a relief in said upper rear edge, the relief being proximate to the strap”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 8 further recites the limitation “an unstretched diameter of the straight one-piece seamless tubular wall is preferably between 4 and 8 inches” at lines 9-11. Due to the use of the word “preferably”, it is unclear if the claimed dimensions are necessarily required or not. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “an unstretched diameter of the straight one-piece seamless tubular wall is between 4 and 8 inches”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 10 and 12 are also rejected for being dependent on a rejected claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 5, 15, and 18-19, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over US 2007/0277289 to Bickford (hereinafter, “Bickford”) in view of US 2012/0210501 to Lavin (hereinafter, “Lavin”).
Regarding claim 1, Bickford teaches a method for covering a user's face, neck, and chest (See Bickford, Figs. 1-2; [0004]; abstract)), the method comprising: providing a one-piece sleeve (See Bickford, Figs. 1-2; neck warmer is a one-piece sleeve, is present, and is therefore considered provided), the one-piece sleeve including, a straight one-piece tubular wall having an upper opening, a lower opening, a front side, a rear side, an upper front edge, an upper rear edge, a lower front edge, and a lower rear edge (See annotated Fig. 1 of Bickford below; straight one-piece tubular wall forming one-piece sleeve of Bickford includes openings, sides, and edges as required by the claim), said straight one-piece tubular wall having an overall height (See annotated Fig. 1 of Bickford below; tubular wall has an overall height from upper edges to lower edges).
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Annotated Fig. 1 of Bickford
Although Bickford teaches a straight one-piece tubular wall, Bickford is silent to the straight one-piece tubular wall being seamless and made of elastic material.
However, Lavin, in a related neck garment art, is directed to a protective garment for wear to protect a user’s neck, chest, and face from the sun and/or weather (See Lavin, Figs. 1-5; abstract). More specifically Lavin teaches a tubular wall being seamless and made of elastic material (See Lavin, Figs. 1-5; garment (10) is formed as a seamless tubular wall from elastic material; [0031], [0048]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tubular wall of Bickford seamlessly from an elastic material as disclosed by Lavin for a variety of reasons including for example, but limited to, forming the garment from a material that is stretchable, resilient, and comfortable for a wearer (See Lavin, [0031], [0048]), and further since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, i.e., for the purposes of providing comfortable and protective covering for a wearer. See MPEP 2144.07.
That said, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed above) is silent to said straight one-piece seamless tubular wall including a slit extending from said lower rear edge toward said upper rear edge, said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section, said slit extending a distance of one-third to two-thirds of said overall height; sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said face and said free section lies below said encirclement section; wherein said sleeve is oriented so that said slit is placed in a rear of said user with said end of said slit lying proximate a top of said user's back so that said free section spreads and falls over said user's chest; wherein said slit is bounded by a first slit edge and a second slit edge.
However, Lavin further teaches said straight one-piece seamless tubular wall including a slit extending from said lower rear edge toward said upper rear edge (See Lavin, Fig. 24; fastenable split (85) in seamless tubular wall extending from lower rear edge (39) toward upper rear edge (37); Examiner notes that the term "slit" is very broad and merely means "a long, straight, narrow cut or opening" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section (fastenable split (85) is capable of being partially closed at the upper rear edge via Velcro fasteners above shoulder portions (34, 35) to create an encirclement section above shoulder portions and a free section at and including the shoulder portions (Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit extending a distance of one-third to two-thirds of said overall height (See Lavin, Fig. 24; fastenable split (85) is also capable of having being partially closed at upper rear edge via Velcro fasteners above shoulder portions so that the split (85) extends one-third to two-thirds of height of garment (10, 200); Examiner further notes that split (85) extends an entire distance of the height of the garment (10, 200) which would include a distance of one-third to two-thirds of the height of the garment; Examiner also notes that the claim used the open-ended transitional phrase “comprising”); sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said face and said free section lies below said encirclement section (See Lavin, Fig. 10; garment (10, 200) can be pulled over the user’s head where the encirclement section surrounds the user’s neck and face and the free section (i.e., shoulder portions) lies below the encirclement section; [0270]; Examiner notes that Lavin explicitly discloses that inclusion of a rear split (i.e., the slit) allows for optional donning/removal of the neckwear without requiring the neckwear to pass over the wearer’s head, if desired; See Lavin, [0338]); wherein said sleeve is oriented so that said slit is placed in a rear of said user with said end of said slit lying proximate a top of said user's back so that said free section spreads and falls over said user's chest (See Lavin, Figs. 10, 24; garment (10, 200) is oriented with fastenable split (85) at rear of user proximate a top of user’s back so that free section, i.e., the shoulder portions, spread and fall over user’s chest), wherein said slit is bounded by a first slit edge and a second slit edge (See Lavin, Figs. 24-25; first and second ends (86, 87) form split (85)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the fastenable slit disclosed by Lavin in the structure of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an alternative structure allowing for removal and positioning of the garment on the user, if desired (See Lavin, [0338]). Examiner further notes that Bickford, not Lavin, is relied upon for teaching the one-piece sleeve including a straight one-piece tubular wall as discussed above.
Regarding claim 5, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed with respect to claim 1 above) further teaches wherein said straight one-piece seamless tubular wall features parallel sides and no curving (See annotated Fig. 1 of Bickford above; sides of tubular walls are parallel and has no curving inasmuch as Applicant’s invention has no curving).
Regarding claim 15, Bickford teaches a method for covering a user's face, neck, and chest (See Bickford, Figs. 1-2; [0004]; abstract)), the method comprising: providing a one-piece sleeve (See Bickford, Figs. 1-2; neck warmer is a one-piece sleeve, is present, and is therefore considered provided), the one-piece sleeve including, a straight one-piece tubular wall having an upper opening and a lower opening (See annotated Fig. 1 of Bickford above; straight one-piece tubular wall forming one-piece sleeve of Bickford includes openings as required by the claim); said straight one-piece tubular wall having an overall height (See annotated Fig. 1 of Bickford above; tubular wall has an overall height from upper edges to lower edges).
Although Bickford teaches a straight one-piece tubular wall, Bickford is silent to the straight one-piece tubular wall being seamless and made of elastic material.
However, Lavin, in a related neck garment art, is directed to a protective garment for wear to protect a user’s neck, chest, and face from the sun and/or weather (See Lavin, Figs. 1-5; abstract). More specifically Lavin teaches a tubular wall being seamless and made of elastic material (See Lavin, Figs. 1-5; garment (10) is formed as a seamless tubular wall from elastic material; [0031], [0048]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tubular wall of Bickford seamlessly from elastic material as disclosed by Lavin for a variety of reasons including for example, but limited to, forming the garment from a material that is stretchable, resilient, and comfortable for a wearer (See Lavin, [0031], [0048]), and further since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, i.e., for the purposes of providing comfortable and protective covering for a wearer. See MPEP 2144.07.
That said, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed above) is silent to said straight one-piece seamless tubular wall including a slit extending from a lower rear edge of said lower opening toward said upper opening, said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section, said slit extending a distance of one-third to two-thirds of said overall height; sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said free section lies below said encirclement section; wherein said sleeve is oriented so that said slit is placed in a rear of said user and said end of said slit is placed proximate an upper back of said user so that said free section spreads and falls over said user's chest; wherein said slit is bounded by a first slit edge and a second slit edge.
However, Lavin further teaches said straight one-piece seamless tubular wall including a slit extending from a lower rear edge of said lower opening toward said upper opening (See Lavin, Fig. 24; fastenable split (85) in seamless tubular wall extending from lower rear edge (39) toward upper rear edge (37); Examiner notes that the term "slit" is very broad and merely means "a long, straight, narrow cut or opening" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section (fastenable split (85) is capable of being partially closed at the upper rear edge via Velcro fasteners above shoulder portions (34, 35) to create an encirclement section above shoulder portions and a free section at and including the shoulder portions (Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit extending a distance of one-third to two-thirds of said overall height (See Lavin, Fig. 24; fastenable split (85) is capable of having being partially closed at upper rear edge via Velcro fasteners above should portions so that the split (85) extends one-third to two-thirds of height of garment (10, 200); Examiner further notes that split (85) extends an entire distance of the height of the garment (10, 200) which would include a distance of one-third to two-thirds of the height of the garment; Examiner also notes that the claim used the open-ended transitional phrase “comprising”); sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said free section lies below said encirclement section (See Lavin, Fig. 10; garment (10, 200) can be pulled over the user’s head where the encirclement section surrounds the user’s neck and face and the free section (i.e., shoulder portions) lies below the encirclement section; [0270]; Examiner notes that Lavin explicitly discloses that inclusion of a rear split (i.e., the slit) allows for optional donning/removal of the neckwear without requiring the neckwear to pass over the wearer’s head, if desired; See Lavin, [0338]); wherein said sleeve is oriented so that said slit is placed in a rear of said user and said end of said slit is placed proximate an upper back of said user so that said free section spreads and falls over said user's chest (See Lavin, Figs. 10, 24; garment (10, 200) is oriented with fastenable split (85) at rear of user proximate a top of user’s back so that free section, i.e., the shoulder portions, spread and fall over user’s chest); wherein said slit is bounded by a first slit edge and a second slit edge (See Lavin, Figs. 24-25; first and second ends (86, 87) form split (85)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the fastenable slit disclosed by Lavin in the structure of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an alternative structure allowing for removal and positioning of the garment on the user, if desired (See Lavin, [0338]). Examiner further notes that Bickford, not Lavin, is relied upon for teaching the one-piece sleeve including a straight one-piece tubular wall as discussed above.
Regarding claim 18, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed with respect to claim 15 above) further teaches wherein said straight one-piece seamless tubular wall includes a negative expanding portion configured to negatively expand when worn, a throat region configured to be worn at a throat of the user, and a positive expanding portion configured to positively expand when worn in a stretched state (See Bickford, Fig. 2 and additional annotated Fig. 1 of Bickford below; garment includes upper portion capable of negative expansion, i.e., contraction, when worn, a region corresponding to a throat of a user when worn, and a lower portion capable of positive expansion when worn in a stretched state; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
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Additional annotated Fig. 1 of Bickford
Regarding claim 19, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed with respect to claim 15 above) further teaches wherein said straight one-piece seamless tubular wall features parallel sides and no curving (See annotated Fig. 1 of Bickford above; sides of tubular walls are parallel and has no curving inasmuch as Applicant’s invention has no curving).
Claims 3, 8, 10, 12, and 17, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Bickford in view of Lavin (as applied to claim 1 above with respect to claim 3, and as applied to claim 15 above with respect to claim 17), and further in view of KR 200490048Y1 to Kim (hereinafter, “Kim”).
Regarding claim 3, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed with respect to claim 1 above) is silent to providing a relief in said upper rear edge proximate to a strap attached proximate to the upper rear edge.
However, Kim, in a related face and chest covering art, is directed to a bib and winter mask (See Kim, Figs. 1-5; abstract). More specifically, Kim teaches providing a relief in said upper rear edge proximate to a strap attached proximate to the upper rear edge (See annotated portion of Fig. 5 of Kim below; relief proximate strap attached proximate upper rear of tubular body is present and therefore provided; Examiner notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)).
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Annotated portion of Fig. 5 of Kim
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to provide the rear relief and strap disclosed by Kim on the top rear of the garment of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an additional securement mechanism for retaining the garment on the user’s head while also providing a space for accommodating a user’s hair (See Kim, Figs. 6-7).
Regarding claim 8, Bickford teaches a method for covering a user's neck and chest (See Bickford, Figs. 1-2; [0004]; abstract)), the method comprising: providing a one-piece sleeve (See Bickford, Figs. 1-2; neck warmer is a one-piece sleeve, is present, and is therefore considered provided), the one-piece sleeve including, a straight one-piece tubular wall having an upper opening, a lower opening, a front side, a rear side, an upper front edge, an upper rear edge, a lower front edge, and a lower rear edge (See annotated Fig. 1 of Bickford above; straight one-piece tubular wall forming one-piece sleeve of Bickford includes openings, sides, and edges as required by the claim), said straight one-piece tubular wall having an overall height (See annotated Fig. 1 of Bickford above; tubular wall has an overall height from upper edges to lower edges).
Although Bickford teaches a straight one-piece tubular wall, Bickford is silent to the straight one-piece tubular wall being seamless and made of elastic material by being machine-knitted as a tube,
However, Lavin, in a related neck garment art, is directed to a protective garment for wear to protect a user’s neck, chest, and face from the sun and/or weather (See Lavin, Figs. 1-5; abstract). More specifically Lavin teaches a tubular wall being seamless and made of elastic material being machine-knitted as a tube (See Lavin, Figs. 1-5; garment (10) is formed as a seamless tubular wall from elastic material via machine knitting; [0031], [0048]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tubular wall of Bickford seamlessly from elastic material as disclosed by Lavin for a variety of reasons including for example, but limited to, forming the garment from a material that is stretchable, resilient, and comfortable for a wearer (See Lavin, [0031], [0048]), and further since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, i.e., for the purposes of providing comfortable and protective covering for a wearer. See MPEP 2144.07.
That said, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed above) is silent to where an unstretched diameter of the straight one-piece seamless tubular wall is preferably between 4 and 8 inches; said straight one-piece seamless tubular wall including a slit extending from said lower rear edge toward said upper rear edge, said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section, said slit extending a distance of one-third to two-thirds of said overall height; sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said free section lies below said encirclement section; wherein said sleeve is oriented so that said slit is placed in a rear of said user with said end of said slit lying proximate to said top of said user's back so that said free section spreads and falls over said user's chest.
However, Lavin further teaches where an unstretched diameter of the straight one-piece seamless tubular wall is preferably between 4 and 8 inches (See Lavin, Fig. 16; diameter of tubular garment can be 7.5 inches; [0295]); said straight one-piece seamless tubular wall including a slit extending from said lower rear edge toward said upper rear edge (See Lavin, Fig. 24; fastenable split (85) in seamless tubular wall extending from lower rear edge (39) toward upper rear edge (37); Examiner notes that the term "slit" is very broad and merely means "a long, straight, narrow cut or opening" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit terminating at an end, with said slit dividing said straight one-piece seamless tubular wall into an encirclement section and a free section (fastenable split (85) is capable of being partially closed at the upper rear edge via Velcro fasteners above shoulder portions (34, 35) to create an encirclement section above shoulder portions and a free section at and including the shoulder portions (Examiner notes that the term "section" is very broad and merely means "one of several components; a piece" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), said slit extending a distance of one-third to two-thirds of said overall height (See Lavin, Fig. 24; fastenable split (85) is capable of having being partially closed at upper rear edge via Velcro fasteners above should portions so that the split (85) extends one-third to two-thirds of height of garment (10, 200); Examiner further notes that split (85) extends an entire distance of the height of the garment (10, 200) which would include a distance of one-third to two-thirds of the height of the garment; Examiner also notes that the claim used the open-ended transitional phrase “comprising”); sliding said straight one-piece seamless tubular wall downward over a head of said user to a position where said encirclement section surrounds said neck and said free section lies below said encirclement section (See Lavin, Fig. 10; garment (10, 200) can be pulled over the user’s head where the encirclement section surrounds the user’s neck and face and the free section (i.e., shoulder portions) lies below the encirclement section; [0270]; Examiner notes that Lavin explicitly discloses that inclusion of a rear split (i.e., the slit) allows for optional donning/removal of the neckwear without requiring the neckwear to pass over the wearer’s head, if desired; See Lavin, [0338]); wherein said sleeve is oriented so that said slit is placed in a rear of said user with said end of said slit lying proximate to said top of said user's back so that said free section spreads and falls over said user's chest (See Lavin, Figs. 10, 24; garment (10, 200) is oriented with fastenable split (85) at rear of user proximate a top of user’s back so that free section, i.e., the shoulder portions, spread and fall over user’s chest).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the garment dimensions and fastenable slit disclosed by Lavin in the structure of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing a general fitted sizing for users, and for providing an alternative structure allowing for removal and positioning of the garment on the user, if desired (See Lavin, [0338]). Examiner further notes that Bickford, not Lavin, is relied upon for teaching the one-piece sleeve including a straight one-piece tubular wall as discussed above.
That said, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed above) is silent to providing a strap proximate to said upper rear edge of said straight one-piece seamless tubular wall, said strap having a first end and a second end.
However, Kim, in a related face and chest covering art, is directed to a bib and winter mask (See Kim, Figs. 1-5; abstract). More specifically, Kim teaches providing a strap proximate to said upper rear edge of said tubular wall, said strap having a first end and a second end (See annotated portion of Fig. 5 of Kim above; strap (222) at rear edge of tubular garment, said strap having first and second ends).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to provide the rear relief disclosed by Kim on the top rear of the garment of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an additional securement mechanism for retaining the garment on the user’s head (See Kim, Figs. 5-7).
Regarding claim 10, the modified method of Bickford (i.e., Bickford in view of Lavin and Kim, as discussed with respect to claim 8 above) is silent to providing a relief in said upper rear edge proximate to the strap.
However, Kim further teaches providing a relief in said upper rear edge proximate to the strap (See annotated portion of Fig. 5 of Kim above; relief proximate strap at rear of tubular body is present and therefore provided).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to provide the rear relief proximate the strap disclosed by Kim on the top rear of the garment of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing a space for accommodating a user’s hair (See Kim, Figs. 6-7).
Regarding claim 12, the modified method of Bickford (i.e., Bickford in view of Lavin and Kim, as discussed with respect to claim 8 above) further teaches wherein said straight one-piece seamless tubular wall features parallel sides and no curving in an unstretched state (See annotated Fig. 1 of Bickford above; sides of tubular walls are parallel and has no curving in an unstretched state inasmuch as Applicant’s invention has no curving in an unstretched state).
Regarding claim 17, the modified method of Bickford (i.e., Bickford in view of Lavin, as discussed with respect to claim 15 above) is silent to providing a relief in said upper rear edge proximate to a strap attached proximate to the upper rear edge.
However, Kim, in a related face and chest covering art, is directed to a bib and winter mask (See Kim, Figs. 1-5; abstract). More specifically, Kim teaches providing a relief in said upper rear edge proximate to a strap attached proximate to the upper rear edge (See annotated portion of Fig. 5 of Kim above; relief proximate strap attached proximate upper rear of tubular body is present and therefore provided; Examiner notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to provide the rear relief and strap disclosed by Kim on the top rear of the garment of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an additional securement mechanism for retaining the garment on the user’s head while also providing a space for accommodating a user’s hair (See Kim, Figs. 6-7).
Response to Arguments
Applicant's arguments filed February 7, 2026 have been fully considered but they are not persuasive.
In response to Applicant’s various remarks that Lavin and/or Kim do not teach a one-piece sleeve including a straight one-piece tubular wall, Examiner notes that Bickford, not Lavin or Kim, is relied upon for teaching the one-piece sleeve including a straight one-piece tubular wall as discussed in the current grounds of rejection.
In response to Applicant’s apparent argument that Bickford terminates at the neck and cannot teach a straight one-piece tubular wall as claimed extending down the back below the neck, Examiner respectfully disagrees. As discussed in the current grounds of rejection above and as further depicted in Figs. 1-2 of Bickford, Bickford indeed teaches a straight one-piece tubular wall as claimed inasmuch as Applicant’s invention is considered a straight one-piece tubular wall (See Bickford, Fig. 1). Furthermore, the garment of Bickford is not limited to only the neck of a wearer but can instead extend beyond a neck area both upward to a face of a wearer when worn and downward to cover shoulders of a wearer when worn as depicted in Fig. 2.
In response to Applicant’s apparent argument that Kim is made from multiple pieces sewn together and therefore teaches against the claimed invention, Examiner again respectfully disagrees. Kim is not relied upon for teaching a one-piece structure and is instead relied upon for teach the presence of a relief and strap as discussed in the current grounds of rejection above.
In response to Applicant’s argument that Lavin does not teach a slit, Examiner respectfully disagrees. As discussed in the current grounds of rejection above, Examiner notes that the term "slit" is very broad and merely means "a long, straight, narrow cut or opening" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com). Indeed, the fastenable split of Lavin (See Lavin, Fig. 24) meets the structural limitations of Applicant’s “slit” under a broadest reasonable interpretation of the claim. Examiner further notes that Applicant’s claims using the open-ended transitional phrase “comprising”, and that although the split of Lavin extends an entire distance of the height of the garment, the entire extension distance would also include a distance of one-third to two-thirds of the height of the garment.
In response to Applicant’s apparent argument that there is no teaching, suggestion, or motivation to combine the references and that Examiner’s statements are merely conclusory and do not provide adequate articulation of a reason, in particular with respect to the combination of Bickford in view of Lavin, Examiner again respectfully disagrees. 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).
With respect to motivation and rational for Bickford in view of Lavin teaching the limitation of being seamless and made of elastic material, the current grounds of rejection clearly state that it would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the tubular wall of Bickford seamlessly from elastic material as disclosed by Lavin for a variety of reasons including for example, but limited to, forming the garment from a material that is stretchable, resilient, and comfortable for a wearer (See Lavin, [0031], [0048]). Not only is clear rationale provided in the above statement, but explicit motivational support from Lavin is provided for such a modification. Indeed, as cited in the current grounds of rejection, Lavin at [0031] and [0048] provides various desirable benefits of forming a neckwear garment from the disclosed seamless, elastic material (e.g., lightweight, breathable, stretchable, resilient, protective, UV blocking, moisture-wicking, etc.). Additionally, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use, i.e., for the purposes of providing comfortable and protective covering for a wearer. See MPEP 2144.07.
With respect to motivation and rational for Bickford in view of Lavin teaching the limitation of the slit, the current grounds of rejection clearly state that it would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the fastenable slit disclosed by Lavin in the structure of the modified method of Bickford for a variety of reasons including for example, but not limited to, providing an alternative structure allowing for removal and positioning of the garment on the user, if desired (See Lavin, [0338]). Examiner further noted in the current grounds of rejection that Lavin explicitly discloses that inclusion of a rear split (i.e., the slit) allows for optional donning/removal of the neckwear without requiring the neckwear to pass over the wearer’s head, if desired (See Lavin, [0338]).
In response to Applicant's argument that Examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Examiner’s conclusions of obviousness in the current grounds of rejection meet these requirements as discussed above.
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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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732