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 § 102
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.
Claim(s) 1-4, 6-15, and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Franco-Sion (US 6834396).
Sion teaches regarding claim(s):
1 and 12: An upper body garment (Vest 20, FIGs 1-4) comprising: an outer layer (shell 21) comprising a neck portion (portion with neck opening 52), an armhole portion (portion with armhole openings 26/28), and a hem portion (hem portion P4 for accommodating the waist of the user in the same manner as applicant); 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 (indirectly affixed as claimed via the lining layer 23); and weighted packets (weights 78) containing a weighted material (packets contain metal Per Col 8, ln 1-6: “In a preferred embodiment, the weights 78 which are utilized with the vest 20 have a configuration as illustrated in FIG. 4. As illustrated, these weights are constructed from metal, such as cast iron or stainless steel. The weights 78 are thin and generally rectangular in shape. As described in more detail below, this particular weight configuration has several advantages. Of course, a user may utilize weights having a variety of configurations”) affixed to at least said lower segment of said inner weighted layer and said weighted material (weights affixed to the weighted layer/pockets, and indirectly to other weights, by closures 64 as seen in FIG 4) so said weighted material is enclosed separate from said outer layer, whereby said outer layer conceals the existence of said weighted material. (Separate shell and weighted layers as outlined above and in as much as applicant has shown the same; the shell conceals the weights as seen in FIGs 1-4 – the figures show a streamlined outer surface that does not show the weights hiding within the pockets – this shows concealment from existence in as much as applicant has claimed the same).
2. The upper body garment of claim 1, further comprising a lining layer (assembly of lining 23 and outer layer of fabric of the pockets) affixed to said outer layer 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 (as seen in FIGs 1-4, the weights 78 are not visible when inserted into the pockets).
3. The upper body garment of claim 1, wherein said weighted material fills said weighted packets to prevent shifting (the weighted packets are metal and thus are filled/solid as seen in FIG 4; shifting is prevented by virtue of the weighted packets being self-contained so as to fit in the pockets).
4. 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 grid pattern of weights as shown in FIG 3).
6. 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 (removable weights as seen in FIG 4).
7. 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 (removable weights as seen in FIG 4 and as discussed above).
8. 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 (p6 and p7 are shoulder pad portions and are at least indirectly affixed to the inner layer as seen in FIGs 1-4).
9. The upper body garment of claim 2, further including shoulder pads affixed to said lining layer (p6 and p7, at least indirectly affixed as claimed as discussed above).
10. The upper body garment of claim 1, further including a releasably closable placket through said outer layer and inner weighted layer (a placket is understood to be an opening; zipper 34 forms one such opening as claimed).
11. The upper body garment of claim 2, further including a releasably closable placket through said outer layer, inner weighted layer, and lining layer (zipper 34 connects through all layers to permit donning of the garment).
13. The upper body garment of claim 12, further comprising a lining layer affixed to said outer layer 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 (as discussed above).
14. The upper body garment of claim 12, wherein said weighted material fills said weighted packets to prevent shifting (as discussed above).
15. 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 (as discussed above).
17. 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 (as discussed above).
18. The upper body garment of claim 13, further including shoulder pads affixed to said lining layer (as discussed above).
19. The upper body garment of claim 12, further including a releasably closable placket through said outer layer and inner weighted layer (as discussed above).
20. The upper body garment of claim 13, further including a releasably closable placket through said outer layer, inner weighted layer, and lining layer (as discussed above).
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) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Franco-Sion.
Franco teaches regarding claims 5 and 16: The upper body garment of claim 1 and claim 12, but does not teach the above wherein said weighted material comprises glass microbeads. As discussed above, the weighted material is metal bars, but Franco envisions other configurations as possible. The Office takes official notice that using metal and other weighted materials, such as lead shot or glass microbeads is old and well known in the art. Including any such granular material with the prior art invention would provide the advantage of a weighted vest with increased comfort and mobility. Therefore, the addition of such to the prior art invention would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 12 have been considered but are unpersuasive. Applicant has argued ‘396 reference does not teach the outer layer concealing “the existence of” said weighted material.
The Office disagrees. Applicant is again directed to figures 1 and 2 of the ‘396 reference, which show weights concealed from existence in as much as applicant has shown the same. Figures 1 and 2 show a streamlined outer profile that hides the existence of the inner weights shown in figures 3 and 4. The weights are not shown as bulging out, and the pockets are neither accessible nor visible from the exterior of the device. The claimed limitations in question are thus met.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GARRETT K ATKINSON whose telephone number is (571)272-8117. The examiner can normally be reached 0800-1800 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (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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/GARRETT K ATKINSON/Primary Examiner, Art Unit 3784