DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment, filed 08 January 2026, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
3-11, 13-16, 21
Newly Added
23-24
Canceled
1-2, 12, and 22
Pending
3-11, 13-21, and 23-24
Presented for Examination
3-11, 13-21, and 23-24
Response to Arguments
Applicant's arguments filed 08 January 2026 have been fully considered but they are not persuasive.
Drawing Objections and Claim Objections
Overcome by the amendments and withdrawn.
Specification Objections
The objections that were overcome are withdrawn and the remaining objections are set forth below.
112(a) Rejections
The rejections that were overcome are withdrawn and the remaining rejections are set forth below.
103 Rejections
The arguments are drawn to amended subject matter and are addressed in the new grounds of rejection set forth below.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the first end of the pull cord and the second end of the pull cord are each spaced apart from a waist of the medical gown” (claim 24; a drawing amendment showing the waist of the medical gown may be sufficient to overcome this objection) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 29 July 2024 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: the underlined portions of para. 0011 are new matter. Specifically, the originally filed disclosure has support for snaps but not a quick releasing fastener such as hook and loop or another style of this fastener known to those familiar with the trade.
Applicant is required to cancel the new matter in the reply to this Office Action.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: the hook and loop closure in claim 21, “the first end of the pull cord and the second end of the pull cord are each spaced apart from a waist of the medical gown” in claim 24.
Claim Rejections - 35 USC § 112
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 21 and 24 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. The new matter is the hook and loop closure in claim 21 and “the first end of the pull cord and the second end of the pull cord are each spaced apart from a waist of the medical gown” in claim 24.
Claim Rejections - 35 USC § 102
Claim(s) 3-7, 17, 20, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Levine (US 10334895 B1).
As to claim 3, Levine discloses a medical gown (“Medical gown with easy tie strap,” title, and particularly the embodiment shown in FIG 1) comprising:
a front portion (12);
a back portion comprising a first portion and a second portion (14, see annotated FIG 1 below), wherein the front portion and the back portion together define a neck opening (18);
a first sleeve connected to the front portion and to the back portion (one of the two sleeves 16), the first sleeve, the front portion, and the back portion together defining a first shoulder region (at one of 26 and 28);
a second sleeve connected to the front portion and to the back portion (the other of the two sleeves 16), the second sleeve, the front portion, and the back portion together defining a second shoulder region (at the other of 26 and 28);
a quick release fastener configured to connect the first portion of the back portion and second portion of the back portion at the neck opening (at 20 which may be tie straps or an elastic band as disclosed in col 3 line 10-15; the term “quick-release” does not lend any particular structure to the fastener and the claim does not recite any structure for the claimed fastener, the fastener at 20 as all of the structure of the claimed fastener); and
a pull cord comprising a first end that is connected to the front portion at the first shoulder region (strap 30 has a mid-portion at 34 with the first end being the end between 34 and 32 as shown in FIG 1 and the second end being the end between 34 and 38 as shown in FIG 6; the first end is connected to the front portion at the first shoulder region at 28), and a second end that is connected to the back portion adjacent to the neck opening and to the quick release fastener (strap 30 has a mid-portion at 34 with the first end being the end between 34 and 32 and the second end being the end between 34 and 38 as shown in FIG 1; the second end is adjacent the neck opening 18 and fastener at 20),
wherein the pull cord, when pulled by a hand of a person wearing the medical gown with the first portion of the back portion and the second portion of the back portion connected by the quick release fastener, releases the quick release fastener to disconnect the first portion of the back portion and the second portion of the back portion and to open the back portion (capable of releasing the fastener at 20, depending on the force of the pull).
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As to claim 4, Levine discloses the medical gown of claim 3, wherein the quick release fastener, when the medical gown is worn by the person and when the pull cord is pulled at the front portion of the medical gown, is configured to release to thereby open the back portion of the medical gown while the front portion of the medical gown remains closed (capable of releasing the fastener at 20, depending on the force of the pull).
As to claim 5, Levine discloses the medical gown of claim 3, wherein the pull cord, when the medical gown is worn by the person, is accessible by the person with one hand from the front portion of the medical gown (capable of being accessed, depending on the dexterity of the person with one hand).
As to claim 6, Levine discloses the medical gown of claim 3, wherein the pull cord, when the medical gown is worn by the person, is accessible by the person with one hand without reaching behind the neck or back of the person (capable of being accessed, depending on the circumference of the wearer with respect to the length of the cord/ strap 30; when the cord is long enough to wrap around from the wearer’s back to the wearer’s front, the wearer may grasp the cord without reaching behind their neck or back).
As to claim 7, Levine discloses the medical gown of claim 3, wherein the pull cord hangs over the front portion of the medical gown below the neck opening (FIG 1).
As to claim 17, Levine discloses the medical gown of claim 3, further comprising a belt (40).
As to claim 20, Levine discloses the medical gown of claim 3, wherein the first sleeve is a left sleeve and the second sleeve is a right sleeve (FIG 1).
As to claim 24, Levine discloses the medical gown of claim 3, wherein the first end of the pull cord and the second end of the pull cord are each spaced apart from a waist of the medical gown (at least to the degree disclosed by Applicant’s disclosure, which is silent as to the waist of the medical gown, see annotated FIG 1 below).
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Claim Rejections - 35 USC § 103
Claim(s) 8-9 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US 10334895 B1) as applied to claim 7 or 3 above, and further in view of Singer (US 4384370 A).
As to claim 8, Levine does not disclose the medical gown of claim 7, wherein: the medical gown further comprises a collar that surrounds the neck opening, and the pull cord is threaded through the collar.
A collar is a known garment construction and would be within the scope of the Levine gown.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the neck opening with a collar for the purpose of aesthetics and insulation.
Applicant threads the cord through the collar to maintain the cord in position proximate the neck opening, and to guide the cord from the front, over the shoulder, and to the back.
Although Levine does not disclose threading the cord through the collar, Levine does disclose using an attachment mechanism such as hook and loop, a clip, a snap, adhesive, or other means (34 in col 3 line 45-50) to maintain the cord/ strap 30 in position proximate the neck opening 18, and to guide the cord from the front, over the shoulder, and to the back.
One of ordinary skill would recognize that threading the cord through the collar and using another attachment mechanism would be functionally equivalent.
Singer teaches a waistbelt 12 that is threaded through a tunnel 14 to keep the belt in the intended position. One of ordinary skill would recognize that the same principle could be applied to Levine, where the attachment mechanism 34 is replaced with a tunnel in the collar through which the cord/ strap 30 is threaded, and would serve the same function as the attachment mechanism.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the neck opening of Levine with a collar through which the cord is threaded, for the purpose of maintaining the cord in position proximate the neck opening.
As to claim 9, Levine as modified discloses the medical gown of claim 8, wherein the collar comprises a first button hole and a second button hole (the term “button” is intended use; when Levine is modified to have a tunnel such as Singer’s, the tunnel has a first hole at the front in Singer FIG 4 through which the cord is threaded and a second hole in the rear in Singer FIG 3 through which the cord is threaded), and the pull cord is threaded through the first button hole and the second button hole (this is the result of the modification presented in the rejection of claim 8 above).
As to claim 21, Levine does not disclose the medical gown of claim 3, wherein the quick release fastener comprises snaps or a hook-and-loop closure.
Levine discloses tie strings.
Singer discloses snaps 6 and hook and loop closure (“VELCRO,” col 2 line 10-15). Furthermore, Singer discloses tie strings as an alternative to snaps or hook and loop (col 2 line 10-15).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the quick release fastener as snaps or hook and loop, either alone or in combination with Levine’s tie strings, for the purpose of providing a known means of fastening the back two panels of a gown together at the neck opening.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US 10334895 B1) in view of Singer (US 4384370 A) as applied to claim 9 above, and further in view of Gucciardi (US 20160000150 A1).
As to claim 10, Levine discloses the medical gown of claim 9, wherein the first end of the pull cord is attached to the first shoulder region (FIG 1), but does not disclose a shoulder seam such that the first end of the pull cord is attached to the first shoulder seam.
Shoulder seams are known in the art and would be within the scope of the Levine gown.
Gucciardi teaches a similar garment including shoulder seams and armscye seams (Applicant uses the term “second seam” in claims 14 and 16 to describe the armscye seam).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the gown with shoulder and armscye seams for the purpose of providing a known means of garment construction for achieving the desired fit.
When Levine is modified to have seams, the first end is attached either directly to the first should seam.
As to claim 11, Levine discloses the medical gown of claim 10, wherein the second end of the pull cord is connected to a first edge of the back portion of the medical gown (the first edge being one of 22 or 24, and the second end is attached directly or indirectly to 22 or 24).
Claim(s) 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US 10334895 B1) as applied to claim 3 above, and further in view of Gucciardi (US 20160000150 A1).
As to claim 13, Levine does not disclose the medical gown of claim 3, wherein:
the medical gown further comprises a first seam that extends from the neck opening to the first sleeve, and
the first seam joins the front portion of the medical gown and the back portion of the medical gown.
The “first seam” structure described in claim 13 is the known structure of a shoulder seam.
Shoulder seams are known in the art and would be within the scope of the Levine gown.
Gucciardi teaches a similar garment including shoulder seams and armscye seams (Applicant uses the term “second seam” in claims 14 and 16 to describe the armscye seam).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the gown with shoulder and armscye seams for the purpose of providing a known means of garment construction for achieving the desired fit.
As to claim 14, Levine as modified discloses the medical gown of claim 13, further comprises further comprising a second seam that joins the first sleeve to the front portion and to the back portion of the medical gown (the “second seam” structure described in claim 14 is the known structure of an armscye; the modification presented in the rejection of claim 13 above results in an armscye).
As to claim 15, Levine as modified discloses the medical gown of claim 14, wherein the medical gown further comprises a third seam that extends from the neck opening to the second sleeve, and
the third seam joins the front portion and the back portion of the medical gown (the “third seam” structure described in claim 15 is the known structure of a shoulder seam, and the modification presented in the rejection of claim 13 above results in two shoulder seams).
As to claim 16, Levine as modified discloses the medical gown of claim 15, further comprising a fourth seam that joins the second sleeve to the front portion and to the back portion of the medical gown (the “fourth seam” structure described in claim 16 is the known structure of an armscye; the modification presented in the rejection of claim 13 above results in two armscyes).
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US 10334895 B1) as applied to claim 17 above, and further in view of Michaelis (US 8826466 B1).
As to claim 18, Levine does not disclose the medical gown of claim 17, further comprising loops that the belt is threaded through.
Levine 42 appears to be a belt loop but there is no description of 42 in the specification.
However, belts and belt loops are known in the art and would be within the scope of the Levine gown.
Michaelis teaches a similar gown including a belt 14 and belt loops 12.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a belt and belt loops for the purpose of fitting the garment to the wearer with the belt and maintaining the belt in position with the belt loops.
As to claim 19, Levine discloses the medical gown of claim 18, wherein the front portion of the medical gown and the back portion of the medical gown extend below free ends of the belt (Levine FIG 3, Michaelis FIG 1).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levine (US 10334895 B1).
As to claim 23, Levine does not disclose the medical gown of claim 3, wherein:
the first portion of the back portion comprises a first edge and the second portion of the back portion comprises a second edge, and the quick release fastener secures the first edge and the second edge in an overlapped configuration when the first portion of the back portion and the second portion of the back portion are secured together by the quick release fastener.
Levine discloses an embodiment in FIG 1 with a fastener at 20 and other embodiments in FIGS 2 and 3 with overlapping first and second edges 22 and 24. However, Levine does not disclose a single embodiment having both a fastener and overlapping first and second edges.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a single embodiment having both a fastener as shown in FIG 1 and overlapping first and second edges as shown in FIG 2 and/ or 3, for the purpose of keeping the first and second back portions together with the fastener and overlapping for increased modesty and insulation.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732