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
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.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over 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 in use 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 of the bag 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),
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 operative bottom side of the garment (fig. 2), the position of the bag relative to the operative 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),
wherein 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]),
wherein the first and second bag fastener assembly include snap fasteners (para. [0043]).
Oprandi does not clearly teach the snap fasteners of the first and second bag fastener assembly operatively 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 includes 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 skilled 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, and providing an access to the pocket at a side of the garment to suit different user’s needs.
Then the modified structure Oprandi teaches in use the snap fasteners of the first bag fastener assembly and the second bag fastener assembly are sandwiched between the snap fasteners of the front garment fastener assembly and the rear garment fastener assembly (when the fasteners 52/54 of the front garment panel is connected to the fasteners 80k/m/o/q/s, and the fasteners 52/54 of the back garment panel is connected to the fasteners 80c/e/g/i).
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, the modified structure 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 skilled 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, the modified structure Oprandi-Williams 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 skilled in the art before the effective filing date of the invention to combine the bag of the modified structure Oprandi-Williams 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 07/03/2026, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection of the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 07/03/2026, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but they are not persuasive.
The Applicant argues that Oprandi does not teach adjusting fasteners 80 being sandwiched between sets of fasteners 52, 54 and 56 (remarks, page 7).
In response, Oprandi teaches in para. [0032], [0043], 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. Therefore, it is obvious to one of the ordinary skilled in the art before the effective filing date of the invention to adjust the position of the bag so that adjusting fasteners 80 being sandwiched between sets of fasteners 52/54 for the benefit of providing an access at a side of the garment to suit different user’s needs.
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 UYEN THI THAO NGUYEN whose telephone number is (571)272-8370. The examiner can normally be reached Monday-Friday 9 AM-6 PM EST.
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/UYEN T NGUYEN/Primary Examiner, Art Unit 3732
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