DETAILED ACTION
Claims 25-28, 31, 33, 36, and 43 are pending. Claims 25, 26, and 31 are amended. Claim 43 is added.
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
This office action is responsive to the amendment filed on August 14, 2025. As directed by the amendment: claims 25, 26, and 31 have been amended and claims 43 has been added. Thus, claims 25-28, 31, 33, 36, and 43 are presently pending in this application.
Applicant’s amendment to the specification has overcome the specification objection.
Applicant’s amendment to the drawings has not overcome the drawing objection.
Applicant’s amendment to the claims has overcome the 35 USC §103 rejections, however all claims remain rejected under §103.
Response to Arguments
Applicant's arguments have been fully considered but they are not persuasive.
Applicant argues that the printed matter must be given patentable weight when they are functionally or structurally related to the underlying substrate. While the examiner agrees with this statement, the examiner disagrees that the printed matter is functionally or structurally related to the underlying substrate. In this case the planar surface (product) merely serves as a support for the printed matter (see MPEP 2111.05(I)(B)). Applicant argues that a separate sheet would not be able to be used because the sheet would “not maintain this structural and functional relationship”. The examiner disagrees. An example of a functional relationship indicating the volume of the cup (See MPEP 2111.05(I)(A)). The markings could not be placed on a separate sheet of paper as the measuring cup would lose it’s ability to be used as a measuring cup. The same is not true for the present application. The specification recites that the instructions include “how to stop bleeding, treat burns and to splint an injured joint”. There is no functional or structural relationship between the printed instructions and the device. That is, the device would function the same with separate instructions. It would not lose its ability to be utilized as a scarf or tourniquet. Similarly, instructions on a shirt telling the user how to don the shirt is considered printed matter. Without instruction on the shirt, the shirt could still be utilized as a shirt.
Applicant argues that Shimada’s pleats a superficial and primarily function as a decorative element, whereas Applicant’s invention includes pleats that are integrated in the body structure and the pocket even when items are stored in the pocket. Applicant’s arguments regarding Shimada’s pleats are unpersuasive. Initially, Shimada’s pleats are integrated into the garment (defined by the material of the dress, para. 0021), and would certainly block the openings when items are stored in the pocket. Furthermore, the features that Applicant argues Shimada lacks, do not appear to have support in the specification as filed.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e. the opening inherently concealed by the pleats) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Drawings
The drawings were received on August 14, 2025. These drawings are unacceptable. New Figure 22 introduces specific orientations and locations of a button and zip. The only support that the Examiner finds for a “two-stage” closure is p. 6, ll. 24-27 which recites that “the secure closure may be chosen from the group: buttons, studs; zip; or any combination thereof”. The recitation of a “combination” only permits there to be two closure mechanisms. There is no recitation of orientation, required order, whether there are flaps with closures, but solely that there is the possibility of more than one: button, stud, or zip or combination. Therefore, the Figure that includes the structure of secure closure introduces new matter. The examiner is considering any grouping of multiple buttons, zips, or studs to be considered a “two-stage” closure.
Claims 25-27, 31, 33, 36, and 43 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klar (US 20180092417) in view of Shimada (US 20160073703), Watson (US 20070028349), and Makowka (US 20070028343).
Regarding claim 25, Klar describes a wearable safety item, for use in emergency situations and wearable by a person comprising:
a substantially planar body (see Fig. 8 and 9), the substantially planar body being substantially rectangular (is rectangular), having a length greater than a width (see Fig. 8), and having a first end at a distal end of the substantially planar body and a second end at a proximal end of the substantially planar body (see Fig. 8);
a pocket (pockets 51 and 50) disposed within the substantially planar body, an opening of the pocket positioned such that the pocket opening is concealed by one of the plurality of pleats;
the opening of the pocket including a two stage secure closure system comprising a first pocket closure (zippers 52, 53) wherein the first pocket closure is a zip (are zippers),
the substantially planar body configured in a first configuration to be worn about a person (is a scarf) and configured in a second configuration to fit on the person as a torniquet, sling, splint or bandage to support an injury (fully capable of being of at least being utilized as a sling, torniquet, or bandage).
The item of Klar as modified does not explicitly describe a plurality of pleats formed in the substantially planar body located adjacent the first end of the substantially planar body and the pocket opening is concealed by one of the plurality of pleat.
In related art for items with pockets, Shimada describes utilizing pleats 16 over zippers (para. 0021).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the item of Klar to include the pleats of Shimada over the zippers in order to block the zippers from view (para. 0021, Shimada) and thus provide a more aesthetically pleasing item for display.
The item of Klar does not explicitly describe a second pocket closure, and the second pocket closure is at least one button or at least one press stud.
In related art for garments with closures, Watson describes a pocket that includes a closure member than can include a button, snap (second closure), zipper (first closure) and combinations thereof (para. 0018) and thus includes a first and second closure pocket closure.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the item to include a second pocket closure at each of the pockets to provide a more secure closing mechanism so that the pocket would not accidentally be opened unintentionally.
Klar as modified does not explicitly describe instructions for medical use are provided as an insert within the pocket or displayed on a surface of the substantially planar body, the instructions being specifically adapted to direct a user in transforming the substantially planar body from the first configuration into the second configuration as a torniquet, sling, splint, or bandage. It is noted, however, that instructions and their content is considered printed matter and thus the printed matter is owed no patentable weight.
In related art for wearable items, Makowka describes instructions (instructions printed on the garment, para. 0016) for medical use are provided as an insert within the pocket or displayed on a surface (on the surface) of the substantially planar body, the instructions (the content of the instructions is considered printed matter and is not owed patentable weight) being specifically adapted to direct a user in transforming the substantially planar body from the first configuration into the second configuration as a torniquet, sling, splint, or bandage.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the item of Klar to include the instructions written directly on the garment in order to inform the user of how to user the garment (see Makowka, para. 0016).
Furthermore the content of the instructions is printed matter the matter is not functionally or structurally related to the physical substrate and thus the printed matter is owed no patentable weight, see MPEP 2111.05, in this case, the product merely serves as a substrate for the printed matter because the instructions are independent of the substrate, that is, a separate piece of paper with the instruction on it would work just as well as the instructions being printed on the safety item itself. Therefore, the “being specifically adapted to direct a user in transforming the substantially planar body” is not owed patentable weight.
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Regarding claim 26, the item of Klar as modified describes the wearable safety item of claim 25 wherein the instructions further provide information for providing first aid treatment for strains, strains, fractures, wounds, burns, bites or head injuries (the claims are toward printed matter because it claims the content of information, the matter is not functionally or structurally related to the physical substrate and thus the printed matter is owed no patentable weight, see MPEP 2111.05, in this case, the product merely serves as a substrate for the printed matter because the instructions are independent of the substrate, that is, a separate piece of paper with the instruction on it would work just as well as the instructions being printed on the safety item itself).
Regarding claim 27, Klar as modified describes the wearable safety item according to claim 25, wherein in the first configuration the substantially planar body is worn as a bandana, headband, neckerchief, scarf (is a scarf), mask, or wristlet.
Regarding claim 31, Klar as modified describes wearable safety item of claim 25, wherein the instructions are printed directly on at least one surface of the substantially planar body (printed on the surface as modified by Makowka).
Regarding claim 33, Klar as modified describes the wearable safety item of claim 25, wherein the plurality of pleats is a first plurality of pleats and the pocket is a first pocket and the substantially planar body includes a second plurality of pleats located adjacent the second end of the substantially planar body and a second pocket disposed within the substantially planar body, an opening of the second pocket positioned such that the second pocket opening is concealed by one of the second plurality of pleats (as modified each of the pockets include a plurality of pleats).
Regarding claim 36, Klar as modified describes the wearable safety item of claim 33, wherein the opening of the second pocket includes a second pocket two stage secure closure system comprising a first second pocket closure and a second second pocket closure, wherein the first second pocket closure is a zip, and the second second pocket closure is at least one button or at least one press stud (as modified, each of the pockets includes a first and second pocket closure).
Regarding claim 43, Klar as modified describes the wearable safety item of claim 36, wherein the instructions are printed directly on at least one surface of the substantially planar body (as modified by Makowka includes instructions printed on the garment).
Claim 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Klar (US 20180092417) in view of Shimada (US 20160073703), Watson (US 20070028349), Makowka (US 20070028343), and Bahn (see URL in PTO-892).
Regarding claim 28, Klar describes the wearable safety item of claim 25, but does not explicitly describe wherein one or more medical items for the treatment of asthma, animal bite, snake bite, spider bite, burn, cut, epileptic fit, fracture, dislocation, sprain, heart attack, heat exhaustion, or heat stroke are located within the pocket.
In related art for emergency situations, Bahn describes that an epinephrine auto-injector should be carried with someone at all times who has allergic reactions.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the item of Klar to include an epinephrine auto-injector within a pocket so that a user who has an allergic reaction to animal bites such as bees would have the appropriate drug in the case of anaphylaxis.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clint Ostrup can be reached on 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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/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732