Detailed Action
This is the Final Rejection based on application 17/901,776 filed on 09/01/2022, and which claims as amended on 01/23/2025 have been considered in the ensuing 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 .
Priority
The instant application claims priority to provisional applications 63/240,387, and as such the earliest priority date of 09/03/2021 has been granted to the instant application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/01/2022 has been considered by the examiner.
Response to Amendment
There were no claim objections, drawing objections, or rejections presented under 35 USC 112 that required amendments in the previous Non-Final Action.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franco-Sion US 6834396 B2 (Henceforth Sion), in further view of Foster US 20130017933 A1.
Regarding claim 1:
Sion teaches an upper body garment (weight vest 20) comprising: an outer layer (shell 21) comprising a neck portion (opening 52. The examiner notes col.4 lines 30-31 states, “In a preferred embodiment, the vest 20 defines an opening 52 through which the neck of a wearer may pass.”) , an armhole portion (arm openings 26,28), and a hem portion (lower panel p4. The examiner notes that the portion P4 accommodates the waist of the user and is therefore being considered a hem.); an inner weighted layer (All of the weight pockets formed on or from inner lining 23. The examiner notes that col.5 lines 47-52 discuss how the weighted pockets are part of the inner lining 23 and therefore the inner lining is being considered an inner weighted layer.) comprising an upper segment (weight pockets 60,62,66,68) and lower segment (weight pockets 70,72,74,76), wherein a portion of said upper segment is affixed to said neck portion of said outer layer and said lower segment is affixed to said hem portion of said outer layer (The examiner notes that as discussed above col. 5 lines 47-52 discuss how the inner lining is comprised of the upper and lower weighed pockets and as shown in figure 3, is affixed to the neck and hem portions at the respective ends of the vest); whereby said outer layer conceals said weighted material (See figure 1 where as depicted the weights are not visible through the surface of the outer layer and are concealed within the pockets as discussed above).
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Sion fails to teach weighted packets containing a weighted material affixed to at least said lower segment of said inner weighted layer so said weighted material is enclosed separate from said outer layer.
The examiner notes that Sion does teach the weights are affixed to at least said lower segment of said inner weighted layer so said weighted material is enclosed separate from said outer layer (The examiner notes that the weights of Sion are placed in the pockets of the inner weighted layer 23, which is separate but also affixed to the outer shell 21 and therefore the weights are separate from the outer layer but affixed to at least the lower segment of the inner layer simultaneously), but that specifically the weights are weighted packets containing a weighted material is not taught.
Foster, however, teaches a motion resistance suit provides adjustable musculoskeletal compression and increasing resistance over a user's full range of motion (See abstract) and further teaches that the weights are weighted packets (bag 282) containing a weighted material is not taught (“For instance, bag 282 may be made from a semi-transparent material, such as a polymer, and may include a weighted component, such as ball bearings 288.” See paragraph [0038]).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the weights of Sion to be weighted packets filled with a weighted material as taught by Foster, as Sion states that the user can utilize weights of any configuration, and filled packets/bags of shot, beads, sand, lead etc. is well known in the art of weighted clothing articles.
Regarding claim 2:
Sion as modified discloses the upper body garment of claim 1, further comprising a lining layer (“The entire lining 23 is the lining layer) affixed to said outer layer (“In one embodiment, the lining 23 is provided at the interior of the shell 21. Referring to FIG. 3, the lining 23 preferably comprises one or more elements separate from the shell 21, but connected to the shell.” See col. 5 lines 22-26) so said inner weighted layer and said weighted packets are disposed between said outer layer and said lining layer to fully conceal said weighted packets (See rejection of claim 1, specifically the discussion of the weights being inserted in the pockets and not visible from the front through the outer layer).
Regarding claim 3:
Sion as modified by Foster teaches the upper body garment of claim 1, wherein said weighted material fills said weighted packets to prevent shifting (See rejection of claim 1 where the filled packets would be placed in the pockets and are fitted to the size of the pocket as shown in both inventions.).
Regarding claim 4:
Sion as modified discloses the upper body garment of claim 1, wherein said weighted packets are disposed in a grid pattern along said lower segment to balance said weighted material (See figure 3).
Regarding claim 5:
Sion as modified teaches the upper body garment of claim 1, wherein said weighted material comprises glass microbeads (The examiner notes that as discussed above in the rejection of claim 1, Sion states that configurations of weights other than the metal bars present in the invention can be used, and that using metal and other weighted materials, such as lead shot or glass microbeads is well known in the art of weighted apparel. Including any such granular material with the prior art invention would provide the advantage of a weighted vest with increased comfort and mobility.)
Regarding claim 6:
Sion as modified discloses the upper body garment of claim 1, wherein at least one of the weighted packets is removably affixed to allow a user to replace said weighted packets or change the weight of said garment (“The flap 64 may also be moved to an open position in which it does not obscure the opening or fourth side of its respective pocket 60,62. At this time, a weight may be removed from the pocket or placed in the pocket.” See col. 6 lines 12-15).
Regarding claim 7:
Sion as modified discloses the upper body garment of claim 1, wherein said outer layer has a releasably closed aperture (zipper 34) and at least one of the weighted packets are removably affixed to said inner weighted layer to allow a user to interchange said weighted packets (“The flap 64 may also be moved to an open position in which it does not obscure the opening or fourth side of its respective pocket 60,62. At this time, a weight may be removed from the pocket or placed in the pocket.” See col. 6 lines 12-15).
Regarding claim 8:
Sion as modified discloses the upper body garment of claim 1, further including shoulder pads affixed to an upper segment of said inner weighted layer on a side thereof opposite said outer layer (panels p6 and p7 are shoulder pads and are at least affixed to the upper segment of the inner weighted layer via intermediate structures such as the inner layer 23, which since a direct connection has not been claimed satisfies the claimed limitation) .
Regarding claim 9:
Sion as modified discloses the upper body garment of claim 2, further including shoulder pads affixed to said lining layer (panels p6 and p7 are shoulder pads and are at least affixed to the upper segment of the inner weighted layer via intermediate structures such as the inner layer 23, which since a direct connection has not been claimed satisfies the claimed limitation).
Regarding claim 10:
Sion as modified discloses the upper body garment of claim 1, further including a releasably closable placket through said outer layer and inner weighted layer (The examiner notes that a placket is defined by Merriam-Webster dictionary as “a slit in a garment (such as a skirt) often forming the closure”, and therefore the portion of the vest which is opened/closed via the zipper 34 is a releasably closable placket).
Regarding claim 11:
Sion as modified discloses the upper body garment of claim 2, further including a releasably closable placket through said outer layer, inner weighted layer, and lining layer (The examiner notes that a placket is defined by Merriam-Webster dictionary as “a slit in a garment (such as a skirt) often forming the closure”, and therefore the portion of the vest which is opened/closed via the zipper 34 and allows or closes access to every layer of the vest, is a releasably closable placket).
Regarding claim 12:
Sion teaches an upper body garment (weight vest 20) comprising: an outer layer (shell 21) comprising a neck portion (opening 52. The examiner notes col.4 lines 30-31 states, “In a preferred embodiment, the vest 20 defines an opening 52 through which the neck of a wearer may pass.”) , an armhole portion (arm openings 26,28), and a hem portion (lower panel p4. The examiner notes that the portion P4 accommodates the waist of the user and is therefore being considered a hem.); an inner weighted layer (All of the weight pockets formed on or from inner lining 23. The examiner notes that col.5 lines 47-52 discuss how the weighted pockets are part of the inner lining 23 and therefore the inner lining is being considered an inner weighted layer.) comprising an upper segment (weight pockets 60,62,66,68) and lower segment (weight pockets 70,72,74,76), wherein a portion of said upper segment is affixed to said neck portion of said outer layer and said lower segment is affixed to said hem portion of said outer layer (The examiner notes that as discussed above col. 5 lines 47-52 discuss how the inner lining is comprised of the upper and lower weighed pockets and as shown in figure 3, is affixed to the neck and hem portions at the respective ends of the vest); wherein a portion of each of said weighted packets is formed from said inner weighted layer so said weighted material is enclosed separate from said outer layer (“In one embodiment, the upper and lower weight pockets are formed from or in the lining of the shell. The pockets may comprise two layers of lining material.” See col. 2 lines 36-38), whereby said outer layer conceals said weighted material (See figure 1 where, as depicted the weights are not visible through the surface of the outer layer and are concealed within the pockets as discussed above).
Sion fails to teach weighted packets containing a weighted material affixed to at least said lower segment of said inner weighted layer so said weighted material is enclosed separate from said outer layer.
The examiner notes that Sion does teach the weights are affixed to at least said lower segment of said inner weighted layer so said weighted material is enclosed separate from said outer layer (The examiner notes that the weights of Sion are placed in the pockets of the inner weighted layer 23, which is separate but also affixed to the outer shell 21 and therefore the weights are separate from the outer layer but affixed to at least the lower segment of the inner layer simultaneously), but that specifically the weights are weighted packets containing a weighted material is not taught.
Foster, however, teaches a motion resistance suit provides adjustable musculoskeletal compression and increasing resistance over a user's full range of motion (See abstract) and further teaches that the weights are weighted packets (bag 282) containing a weighted material is not taught (“For instance, bag 282 may be made from a semi-transparent material, such as a polymer, and may include a weighted component, such as ball bearings 288.” See paragraph [0038]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the weights of Sion to be weighted packets filled with a weighted material as taught by Foster, as Sion states that the user can utilize weights of any configuration, and filled packets/bags of shot, beads, sand, lead etc. is well known in the art of weighted clothing articles.
Regarding claim 13:
Sion as modified discloses the upper body garment of claim 12, further comprising a lining layer affixed to said outer layer (“The entire lining 23 is the lining layer) affixed to said outer layer (“In one embodiment, the lining 23 is provided at the interior of the shell 21. Referring to FIG. 3, the lining 23 preferably comprises one or more elements separate from the shell 21, but connected to the shell.” See col. 5 lines 22-26) so said inner weighted layer and said weighted packets are disposed between said outer layer and said lining layer to fully conceal said weighted packets (See rejection of claim 12, specifically the discussion of the weights being inserted in the pockets and not visible from the front through the outer layer).
Regarding claim 14:
Sion as modified discloses the upper body garment of claim 12, wherein said weighted material fills said weighted packets to prevent shifting (See rejection of claim 12 where the filled packets would be placed in the pockets and are fitted to the size of the pocket as shown in both inventions.).
Regarding claim 15:
Sion as modified discloses the upper body garment of claim 12, wherein said weighted packets are disposed in a grid pattern along said lower segment to balance said weighted material (See figure 3).
Regarding claim 16:
Sion as modified teaches the upper body garment of claim 12, wherein said weighted material comprises glass microbeads (The examiner notes that as discussed above in the rejection of claim 12, Sion states that configurations of weights other than the metal bars present in the invention can be used, and that using metal and other weighted materials, such as lead shot or glass microbeads is well known in the art of weighted apparel. Including any such granular material with the prior art invention would provide the advantage of a weighted vest with increased comfort and mobility.).
Regarding claim 17:
Sion as modified discloses the upper body garment of claim 12, further including shoulder pads affixed to an upper segment of said inner weighted layer on a side thereof opposite said outer layer (panels p6 and p7 are shoulder pads and are at least affixed to the upper segment of the inner weighted layer via intermediate structures such as the inner layer 23, which since a direct connection has not been claimed satisfies the claimed limitation).
Regarding claim 18:
Sion as modified discloses the upper body garment of claim 13, further including shoulder pads affixed to said lining layer (panels p6 and p7 are shoulder pads and are at least affixed to the upper segment of the inner weighted layer via intermediate structures such as the inner layer 23, which since a direct connection has not been claimed satisfies the claimed limitation).
Regarding claim 19:
The upper body garment of claim 12, further including a releasably closable placket through said outer layer and inner weighted layer (The examiner notes that a placket is defined by Merriam-Webster dictionary as “a slit in a garment (such as a skirt) often forming the closure”, and therefore the portion of the vest which is opened/closed via the zipper 34 is a releasably closable placket).
Regarding claim 20:
The upper body garment of claim 13, further including a releasably closable placket through said outer layer, inner weighted layer, and lining layer (The examiner notes that a placket is defined by Merriam-Webster dictionary as “a slit in a garment (such as a skirt) often forming the closure”, and therefore the portion of the vest which is opened/closed via the zipper 34 and allows or closes access to every layer of the vest, is a releasably closable placket).
Response to Arguments
Applicant's arguments filed 04/07/2026 have been fully considered but they are not persuasive. In regards to the applicant’s arguments with respect to the rejections previously presented in view of the Sion reference under 35 USC 102(a)(1), the amendments made to the claims required a new search and consideration of the claimed limitations, and as such the new rejection under 35 103 in view of the combination of Sion and Foster has been presented above. The examiner notes that Sion does teach concealment of the weights via the pocket structures discussed in the rejections above, and that as depicted in figure 1 the weights are not visible through the outer layer. In addition, the examiner recognizes that an interview was had where a discussion regarding clarifying via amendment, the difference in the concealment of the weights of the instant application from the art references previously applied, however the amendments to the claims filed 01/23/2025 have not appeared to have introduced said clarification and instead have broadened the claims resulting in the rejection presented above.
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 JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached on (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
