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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/02/2025 has been entered.
Claim Objections
Claim 1 is objected to because of the following informalities:
In claim 1, line 23, “the bottom side” is read as “the operative bottom side”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-3 and 5-6 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.
Claim 1 recites “each of two opposing sides” in line 14. It is unclear which “two opposing sides” the Applicant wants to mention as there are “two opposing sides” of a front garment panel, “two opposing sides” of a rear garment panel” and “two opposing sides” of a bag. For the purpose of applying art, “each of two opposing sides” is interpreted as “each of two opposing sides” of the bag.
Claim 6 recites “the pockets” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Any remaining claims are rejected as depending from a rejected base claim.
In the art rejections below the claims have been treated as best understood by the examiner.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected to the degree of definiteness under 35 U.S.C. 102(a)(1) as being anticipated by Oprandi (US 2012/0090072).
Regarding claim 1, Oprandi teaches a medical garment (fig. 2) to be worn by a patient including:
a front garment panel (figs. 1-2, a front portion 26) having on each of two opposing sides a front garment fastener assembly (figs. 1-2, para. [0032], fasteners 52, 54);
a rear garment panel (figs. 1-2, a back portion 24) operatively associated with the front garment panel, the rear garment panel having on each of two opposing sides a rear garment fastener assembly (figs. 1-2, para. [0032], fasteners 52, 54) operatively adapted for detachable attachment to the front garment fastener assembly so as to secure the front garment panel to the rear garment panel on each of two opposing sides (fig. 2), and
a bag (figs. 4a, 4b) adapted to hold medical equipment (para. [0033], pockets 30 adapted to hold hot/cold therapy) attached to the patient, the bag including a first bag fastener assembly (fig. 4a) on each of two opposing sides and a second bag fastener assembly (fig. 4b) on each of two opposing sides (para. [0043]), the bag positioned between the first bag fastener assembly and the second bag fastener assembly (figs. 4a-4b), the first bag fastener assembly operatively adapted for detachable attachment to the front garment fastener assembly and the second bag fastener assembly operatively adapted for detachable attachment to the rear garment fastener assembly (para. [0032], [0043], as fasteners 52, 54 and 80 comprise both male and female fasteners such as hook and loop connectors, therefore, female fasteners of the fastener assembly 80 can be connected to male fasteners of the fastener assembly 52/54 and male fasteners of the fastener assembly 80 can be connected to female fasteners of the fastener assembly 52/54) so as to secure the bag on each of two opposing sides between the front garment panel and the rear garment panel (para. [0011], as the bag is attached to the inside surface of the garment, the bag is secured on each of two opposing sides between the front garment panel and the rear garment panel);
wherein the bag is located behind the front garment panel so as to be hidden from sight (para. [0011], the pockets are removably attached to the inside surface of the garment);
wherein the garment includes two sleeves (fig. 2) wherein (i) the front garment fastener assembly extends from the sleeves to an operative bottom side of the medical garment (figs. 1-2), and (ii) the rear garment fastener assembly extends from the sleeves to the operative bottom side of the garment (figs. 1-2), and
wherein the bag is held by the front garment fastener assembly and the rear garment fastener assembly in a position between the sleeves and the bottom side of the garment (fig. 2), the position of the bag relative to the bottom side of the garment being adjustable (para. [0032], [0043], [0011], the position of the bag relative to the bottom side is adjustable by fasteners 52, 54 and 80).
Regarding claim 2, Oprandi teaches the front garment fastener assembly includes snap fasteners which are operatively adapted for snap engagement with corresponding snap fasteners of the rear garment fastener assembly (figs. 1-2, para. [0032]).
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 3 is rejected to the degree of definiteness under 35 U.S.C. 103 as being unpatentable over Oprandi (US 2012/0090072).
Regarding claim 3, Oprandi teaches the first and second bag fastener assembly include snap fasteners (para. [0043]).
Oprandi does not clearly teach the first and second bag fastener assembly adapted for snap engagement with corresponding snap fasteners of the front and rear garment fastener assembly.
However, Oprandi teaches the front garment fastener assembly includes snap fasteners which are operatively adapted for snap engagement with corresponding snap fasteners of the rear garment fastener assembly (figs. 1-2, para. [0032]); the various fasteners 50, 52, 54, 56 may be of any suitable type for securing the garment 20 to itself; example fasteners include hook and loop connectors, snaps, buttons, ties, zippers, etc. (para. [0032]); the first bag fastener assembly include snap fasteners which are operatively adapted for snap engagement with corresponding snap fasteners of the second bag fastener assembly (figs. 4a-4b, 5a-5b, 6a-6b; para. [0043]); the pocket adjusting fasteners 80 may be of any suitable type (e.g., Hook and loop connectors, snaps, buttons, clips, pins, etc.) (para. [0043]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to modify Oprandi with the first and second bag fastener assembly adapted for snap engagement with corresponding snap fasteners of the front and rear garment fastener assembly as suggested in para. [0032], [0043] of Oprandi for the benefit of facilitating in making the garment with the same fasteners for the front panel, back panel and the pockets which is cost effective and time saving.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Oprandi (US 2012/0090072), as applied to claim 1 above, and further in view of Williams (US 2006/0253953).
Regarding claim 5, Oprandi does not teach the bag includes two pockets.
However, in the same field of endeavor, Williams teaches the bag includes two pockets (fig. 5, there are two pockets, which are a pocket 13 between a base layer 30 and a first layer 31 and a pocket 27 between a first layer 31 and a second layer 36).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to add two pockets to the bag of Oprandi as taught by Williams for the benefit of providing containers for other medical accessories for the patient.
Regarding claim 6, Oprandi does not teach the pockets are formed by a line of stitching in the bag.
However, Williams teaches the pockets are formed by a line of stitching in the bag (fig. 5, para. [0055], [0057], the first layer 31 is stitched to the base 30, the second layer 36 is stitched to the first layer 31, which creates a line of stitching).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the bag of Oprandi with the pockets formed by a line of stitching in the bag as taught by Williams for the benefit of providing containers for other medical accessories for the patient.
Response to Arguments
Applicant’s arguments, dated 12/02/2025, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 12/02/2025, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/ Examiner, Art Unit 3732