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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739).
Regarding claim 1, Gueritee discloses a jacket comprising:
a main jacket body (Fig. 2 #202 wearable garment) adapted for covering at least part of the body of a user and having a neck section (Shown in the figure below) that is adapted to be disposed proximate to the neck of the user, a waist section (Shown in the figure below) that is adapted to be disposed proximate to the waist and lower back of the user, and at least one abdomen section (Shown in the figure below) that is adapted to be disposed proximate to the abdomen of the user;
and an active heating system (Fig. 2 #s 206a-206s heating elements) disposed in said main jacket body (Fig. 2 #202 wearable garment), adapted for generating and transferring heat to the user, and including at least three heating units, each of said heating units being disposed in a respective one of said neck section, said waist section and said abdomen section of said main jacket body (Fig. 2 shows the heating units disposed in the neck, waist and abdomen sections.).
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However, Gueritee does not disclose wherein said active heating system is configured to operate at a selected one of first, second and third heating levels, and is adapted to be connected to an external power supply; wherein each of said heating units of said active heating system is a heating panel, and is configured to maintain said active heating system at a first temperature ranging from 52°C to 58°C when said active heating system operates at the first heating level, a second temperature ranging from 47°C to 53°C when said active heating system operates at the second heating level, and a third temperature ranging from 39°C to 45°C when said active heating system operates at the third heating level; wherein said active heating system further includes a controller that is electrically connected to said heating units, that is configured to switch operation of said active heating system among the first, second and third heating levels, and that has a light indicator configured to turn red, white and blue when said active heating system operates at the first, second and third heating levels, respectively; and wherein said controller includes a first switch being configured to control one of said heating units that is disposed in said neck section of said main jacket body and to switch operation of the same to the first heating level when being pressed once, the second heating level when being pressed twice, and the third heating level when being pressed three times, and a second switch being configured to control the rest of said heating units that are disposed in said waist section and said abdomen section of said main jacket body and to switch operation of the same to the first heating level when being pressed once, the second heating level when being pressed twice, and the third heating level when being pressed three times.
Nonetheless, Gray teaches wherein said active heating system (Fig 31 #514 and 518 heater array) is configured to operate at a selected one of first, second and third heating levels ([0090] lines 1-7 ---" To turn on either of the heater arrays 514 or 518, a heater control button 554 or 558, respectively, is pressed by the user and held for a period of, for example, 0.5-2.5 seconds. A temperature setting (e.g., high, medium, or low) of the core heater array 514 or pocket heater array 518 may be selected by again pressing the respective first heater control button 554 or the second heater control button 558.”), and that has a light indicator (Fig. 29 # 578 blue LED, #574 white LED, and #570 red LED) configured to turn red, white and blue when said active heating system operates at the first, second and third heating levels, respectively; is adapted to be connected to an external power supply (Fig. 31 #338 battery pack);
wherein each of said heating units (Fig 31 #514 and 518 heater array) of said active heating system is a heating panel ([0087] lines 12-14 ---"The heater arrays 514 and 518 may include resistive heating coils formed of carbon fibers, high density carbon fibers, or other heating devices.”),
wherein said active heating system further includes a controller (Fig. 31 # 542 heater control module) that is electrically connected to said heating units (Fig 31 #514 and 518 heater array), that is configured to switch operation of said active heating system among the first, second and third heating levels ([0090] lines 1-7 ---" To turn on either of the heater arrays 514 or 518, a heater control button 554 or 558, respectively, is pressed by the user and held for a period of, for example, 0.5-2.5 seconds. A temperature setting (e.g., high, medium, or low) of the core heater array 514 or pocket heater array 518 may be selected by again pressing the respective first heater control button 554 or the second heater control button 558.”), and that has a light indicator (Fig. 29 # 578 blue LED, #574 white LED, and #570 red LED);
wherein said controller (Fig. 31 # 542 heater control module) includes a first switch (Fig. 31 #554 first heater control button) being configured to control one of said heating units that is disposed in said neck section of said main jacket body and to switch operation of the same to the first heating level when being pressed once, the second heating level when being pressed twice, and the third heating level when being pressed three times ([0090] lines 4-7 ---"A temperature setting (e.g., high, medium, or low) of the core heater array 514 or pocket heater array 518 may be selected by again pressing the respective first heater control button 554 or the second heater control button 558.”),
and a second switch (Fig. 31 #558 second heater control button) being configured to control the rest of said heating units that are disposed in said waist section and said abdomen section of said main jacket body and to switch operation of the same to the first heating level when being pressed once, the second heating level when being pressed twice, and the third heating level when being pressed three times([0090] lines 4-7 ---"A temperature setting (e.g., high, medium, or low) of the core heater array 514 or pocket heater array 518 may be selected by again pressing the respective first heater control button 554 or the second heater control button 558.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee by incorporating the heating system and controller as taught by Gray for the purpose of maintaining a comfortable temperature for the wearer.
Furthermore, Taylor teaches a controller is configured to maintain said active heating system at a first temperature ranging from 52°C to 58°C when said active heating system operates at the first heating level, a second temperature ranging from 47°C to 53°C when said active heating system operates at the second heating level, and a third temperature ranging from 39°C to 45°C when said active heating system operates at the third heating level ([0060] lines 13-19 ---" For example, the communication apparatus can display and enable control of a Low Temperature 502 between 0.degree.-25.degree. Fahrenheit (FIG. 5A), a Moderate Temperature 504 between 26.degree.-50.degree. Fahrenheit (FIG. 5B), a High Temperature 506 between 51.degree.-75.degree. Fahrenheit (FIG. 5C), and for therapy, such as massages and the like, a therapy Temperature 508 between 76.degree.-100.degree. Fahrenheit (FIG. 5D).”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee by incorporating the first second, and third heating levels as taught by Taylor for the purpose of regulating temperature according to user preference.
Regarding claim 12, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), and Gueritee teaches wherein: said waist section is disposed under said neck section (Shown in the figure below); said jacket comprises two of said abdomen sections disposed respectively at two sides of said waist section (Shown in the figure below); and said active heating system includes four of said heating units each disposed in a respective one of said neck section, said waist section and said abdomen sections (Shown in the figure below).
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Kim et al (US 2016/0323620).
Regarding claim 5, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), and Gray teaches further comprising three outer pockets (Fig. 27 #s 496 and 498 left and right front pockets and Fig. 38 #506 rear compartment) connected to an outer surface of said main jacket body, one of said outer pockets (Fig. 38 #506 rear compartment) being disposed at a right side of said main jacket body, and having a storage space (Inside of Fig. 38 #506 rear compartment) that is adapted for storage of an external power supply ([0097] lines3-6 ---" Referring to FIG. 38, the rear compartment 506 may serve, for example, to hold and secure the battery receptacle 582 (FIG. 32) and battery 338 (FIG. 18).”),
and a pocket opening ([0097] lines 7-8 ---" The grommets 650 surround openings through the jacket shell.”) in spatial communication with said storage space, said active heating system further including a connector (Fig. 30 #586 heater supply cable) that has one end electrically connected to said heating units, and the other end extending through said pocket opening ([0097] lines 7-8 ---" The grommets 650 surround openings through the jacket shell.”) of said one of said outer pockets (Fig. 38 #506 rear compartment) into said storage space and adapted to be electrically connected to the external power supply.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the pockets as taught by Gray for the purpose of providing storage space.
However, Gueritee in view of Gray and Taylor does not teach a type-c connector.
Nonetheless, Kim teaches a type-c connector ([0113] lines 4-5 ---" According to an embodiment, the USB connector 120 may be a USB type-C connector.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the type-c USB connector as taught by Kim for the purpose of providing a connector capable of transmitting data and power.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Rhodes et al (US 2017/0231302).
Regarding claim 6, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach wherein said main jacket body has two outer sleeves, two inner sleeves that are disposed respectively in lower end portions of said outer sleeves, and at least one hidden pocket that is disposed in one of said outer sleeves, said inner sleeves being adapted to extend respectively out of said outer sleeves so as to cover partially the hands of the user.
Nonetheless, Rhodes teaches wherein said main jacket body has two outer sleeves (Fig. 4 #11 outer surface for left and right sleeves), two inner sleeves (Fig. 4 #12 inner surface for left and right sleeves) that are disposed respectively in lower end portions of said outer sleeves, and at least one hidden pocket (Fig. 4 #14 envelope) that is disposed in one of said outer sleeves, said inner sleeves being adapted to extend respectively out of said outer sleeves so as to cover partially the hands of the user (Fig. 4 #13 means for covering the hands).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the inner and outer sleeves as taught by Rhodes for the purpose of providing a layered garment.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Bublitz et al (US 2015/0327612), Ost et al (US 5,718,000), and Gersten et al (US 2014/0338093).
Regarding claim 7, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach a hood that is configured to be connected to said main jacket body, and that has a hook- and-loop fastening group disposed at a rear side thereof and operable for adjusting a size of said hood, and two wind blocking pieces configured to be connected to each other and each having a distal edge; first and second magnetic groups that are mounted respectively to said neck section of said main jacket body and said hood, and that are magnetically attracted to each other so as to detachably connect said hood to said main jacket body; and third and fourth magnetic groups that are mounted respectively to said distal edges of said wind blocking pieces, and that are magnetically attracted to each other so as to detachably connect said wind blocking pieces together.
Nonetheless, Bublitz teaches a detachable hood (Fig. 1 #10 hood) with a hook- and-loop fastening group (Fig. 1 #16 fastener material [0015]) disposed at a rear side.
Furthermore, Ost teaches two wind blocking pieces (Fig. 6 #351 enclosures) configured to be connected to each other and each having a distal edge.
Furthermore, Gersten teaches the use of magnets (Fig. 3 #138 magnets) for attaching a detachable hood.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the detachable hood and fasteners as taught by Bublitz, Ost, and Gersten since the detechable hood, the hook- and-loop fastening group, two wind blocking pieces, and the use of magnets for attaching the detachable hood were known to be useful for the same purpose. See MPEP 2144.06 I.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Kennedy et al (US 10,842,209).
Regarding claim 8, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach further comprising a connecting unit that includes three fastening members connected to an inner surface of said main jacket body, and a detachable strap that is configured to be detachably connected to said connecting unit such that, when said jacket is not worn by the user, said jacket is adapted to be carried by the user in such a manner that said detachable strap goes over the shoulders of the user and said jacket is carried on the back of the user.
Nonetheless, Kennedy teaches comprising a connecting unit that includes three fastening members (Fig. 2 #18 buttons) connected to an inner surface of said main jacket body, and a detachable strap (Fig. 2 #12 strap) that is configured to be detachably connected to said connecting unit such that, when said jacket is not worn by the user, said jacket is adapted to be carried by the user in such a manner that said detachable strap (Fig. 2 #12 strap) goes over the shoulders of the user and said jacket is carried on the back of the user (Shown in figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the connecting unit and strap as taught by Kennedy for the purpose of providing a garment that can be converted into a bag.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Ost et al (US 5,718,000).
Regarding claim 9, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach further comprising:
a snow skirt (Fig. 6 #385 detachable apron) that is connected to and disposed below said waist section of said main jacket body, and that has opposite end segments (Fig. 6 #330 configured to be detachably connected to each other such that said snow skirt is adapted to be fastened around the waist of the user (Col. 6 lines 23-25 ---" Detachable apron 385 is preferably attached to the interior, bottom surface of rear panel 320 using releasable attachment mechanisms.”) to prevent wind from entering a space between the upper body of the user and said main jacket body;
and two storage pouches (Fig. 6 #340 plurality of pockets) that are connected respectively to left and right sides of said inner surface of said main jacket body for receiving respectively said opposite end segments of said snow skirt when said snow skirt is not fastened around the waist of the user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the apron and storage as taught by Ost for the purpose of reducing the amount of water and/or air that may hit the user's legs and/or flow up the back of outer jacket.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531), Taylor et al (US 2015/0208739), and Ost et al (US 5,718,000) as applied to claim 9, further in view of Tirro et al (US 2016/0157535).
Regarding claim 10, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach further comprising: a detachable strap that is detachably connected to said inner surface of said main jacket body; and a carrying bag that is detachably connected to said inner surface of said main jacket body, that is disposed under said snow skirt, and that is configured to be detachably connected to opposite ends of said detachably strap when said detachably strap is detached from said inner surface of said main jacket body such that carrying bag is adapted to be carried by the user.
Nonetheless, Tirro teaches a detachable strap (Fig. 1C #8 shoulder straps) that is detachably connected to said inner surface of said main jacket body;
and a carrying bag (Fig. 1C #6 bag) that is detachably connected to said inner surface of said main jacket body, that is disposed under said snow skirt, and that is configured to be detachably connected to opposite ends of said detachably strap (Fig. 1C #8 shoulder straps) when said detachably strap (Fig. 1C #8 shoulder straps) is detached from said inner surface of said main jacket body such that carrying bag (Fig. 1C #6 bag) is adapted to be carried by the user.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray, Taylor, and Ost by incorporating the strap and bag as taught by Tirro for the purpose of providing a jacket that has the ability to turn into a bag..
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531) and Taylor et al (US 2015/0208739) as applied to claim 1, further in view of Randall et al (US 7,230,206).
Regarding claim 11, Gueritee in view of Gray and Taylor teaches the jacket as appears above (see the rejection of claim 1), but does not teach wherein said main jacket body has a trunk portion, two outer sleeves that are connected respectively to left and right sides of said truck portion, and two invisible zippers, each of said invisible zippers being connected to a respective one of said left and right sides of said truck portion under an upper end of the respective one of said outer sleeves, and configured for ventilation when being unzipped.
Nonetheless, Randall teaches wherein said main jacket body has a trunk portion (Fig. 1 #12 body), two outer sleeves (Fig. 1 #14 sleeves) that are connected respectively to left and right sides of said truck portion (Fig. 1 #12 body), and two invisible zippers (Fig. 1 #23 zippers), each of said invisible zippers (Fig. 1 #23 zippers) being connected to a respective one of said left and right sides of said truck portion (Fig. 1 #12 body) under an upper end of the respective one of said outer sleeves (Fig. 1 #14 sleeves), and configured for ventilation when being unzipped.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee in view of Gray and Taylor by incorporating the zippers as taught by Randall for the purpose of removability of the sleeves from the body.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Gray et al (US 20130037531),Taylor et al (US 2015/0208739), and Kim et al (US 2016/0323620).
Regarding claim 13, Gueritee discloses a jacket comprising:
a main jacket body (Fig. 2 #202 wearable garment) adapted for covering at least part of the body of a user and having a neck section (Shown in the figure below) that is adapted to be disposed proximate to the neck of the user, a waist section (Shown in the figure below) that is adapted to be disposed proximate to the waist and lower back of the user, and at least one abdomen section (Shown in the figure below) that is adapted to be disposed proximate to the abdomen of the user;
and an active heating system (Fig. 2 #s 206a-206s heating elements) disposed in said main jacket body (Fig. 2 #202 wearable garment), adapted for generating and transferring heat to the user, and including at least three heating units, each of said heating units being disposed in a respective one of said neck section, said waist section and said abdomen section of said main jacket body (Fig. 2 shows the heating units disposed in the neck, waist and abdomen sections.).
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However, Gueritee does not teach three outer pockets connected to an outer surface of said main jacket body, one of said outer pockets being disposed at a right side of said main jacket body, and having a storage space that is adapted for storage of an external power supply, and a pocket opening that is in spatial communication with said storage space, said active heating system further including a type-c connector that has one end electrically connected to said heating units, and the other end extending through said pocket opening of said one of said outer pockets into said storage space and adapted to be electrically connected to the external power supply.
Nonetheless, Gray teaches three outer pockets (Fig. 27 #s 496 and 498 left and right front pockets and Fig. 38 #506 rear compartment) connected to an outer surface of said main jacket body, one of said outer pockets (Fig. 38 #506 rear compartment) being disposed at a right side of said main jacket body, and having a storage space (Inside of Fig. 38 #506 rear compartment) that is adapted for storage of an external power supply ([0097] lines3-6 ---" Referring to FIG. 38, the rear compartment 506 may serve, for example, to hold and secure the battery receptacle 582 (FIG. 32) and battery 338 (FIG. 18).”),
and a pocket opening ([0097] lines 7-8 ---" The grommets 650 surround openings through the jacket shell.”) in spatial communication with said storage space, said active heating system further including a connector (Fig. 30 #586 heater supply cable) that has one end electrically connected to said heating units, and the other end extending through said pocket opening ([0097] lines 7-8 ---" The grommets 650 surround openings through the jacket shell.”) of said one of said outer pockets (Fig. 38 #506 rear compartment) into said storage space and adapted to be electrically connected to the external power supply.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee by incorporating the pockets as taught by Gray for the purpose of providing storage space.
Furthermore, Kim teaches a type-c connector ([0113] lines 4-5 ---" According to an embodiment, the USB connector 120 may be a USB type-C connector.”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee by incorporating the type-c USB connector as taught by Kim for the purpose of providing a connector capable of transmitting data and power.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gueritee et al (US 2017/0265533) in view of Kennedy et al (US 10,842,209).
Regarding claim 14, Gueritee discloses a jacket comprising:
a main jacket body (Fig. 2 #202 wearable garment) adapted for covering at least part of the body of a user and having a neck section (Shown in the figure below) that is adapted to be disposed proximate to the neck of the user, a waist section (Shown in the figure below) that is adapted to be disposed proximate to the waist and lower back of the user, and at least one abdomen section (Shown in the figure below) that is adapted to be disposed proximate to the abdomen of the user;
and an active heating system (Fig. 2 #s 206a-206s heating elements) disposed in said main jacket body (Fig. 2 #202 wearable garment), adapted for generating and transferring heat to the user, and including at least three heating units, each of said heating units being disposed in a respective one of said neck section, said waist section and said abdomen section of said main jacket body (Fig. 2 shows the heating units disposed in the neck, waist and abdomen sections.).
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However, Gueritee does not teach a connecting unit that includes three fastening members connected to an inner surface of said main jacket body; and a detachable strap that is configured to be detachably connected to said connecting unit such that, when said jacket is not worn by the user, said jacket is adapted to be carried by the user in such a manner that said detachable strap goes over the shoulders of the user and said jacket is carried on the back of the user.
Nonetheless, Kennedy teaches comprising a connecting unit that includes three fastening members (Fig. 2 #18 buttons) connected to an inner surface of said main jacket body, and a detachable strap (Fig. 2 #12 strap) that is configured to be detachably connected to said connecting unit such that, when said jacket is not worn by the user, said jacket is adapted to be carried by the user in such a manner that said detachable strap (Fig. 2 #12 strap) goes over the shoulders of the user and said jacket is carried on the back of the user (Shown in figure 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the jacket of Gueritee by incorporating the connecting unit and strap as taught by Kennedy for the purpose of providing a garment that can be converted into a bag.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOE E MILLS JR. whose telephone number is (571)272-8449. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ibrahime Abraham can be reached at (571) 270-5569. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOE E MILLS JR./Examiner, Art Unit 3761
/IBRAHIME A ABRAHAM/Supervisory Patent Examiner, Art Unit 3761