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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/31/2025 has been entered. Claims 1-9 remain pending in the application. Applicant’s amendments to the Claims and drawings have not overcome each and every objection and 35 U.S.C. 112(b) rejection previously set forth in the final Office Action mailed 05/01/2025 (see below).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 305. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, an opening of said top portion (Claim 7), two opposing ends of the waist band portion (Claim 8), a top insertion end (Claim 8), a bottom end (Claim 8), must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The substitute specification filed 10/31/2025 has not been entered because it does not conform to 37 CFR 1.125(c) because: a substitute specification submitted under this section must be submitted with markings showing all the changes relative to the immediate prior version of the specification of record. Examiner notes that none of the previously filed substitute specifications filed have been entered, therefore the immediate prior version is the originally filed specification. The most recently filed substitute specification does not include markings on all of the newly added limitations (including in Paragraphs [0019]-[0024]).
The disclosure is objected to because of the following informalities: “waste” should read “waist”. Appropriate correction is required.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites the limitation “wherein said fabric waist band further includes a first attachment means for attaching to an inner panel of said top portion of said functional garment, and a second attachment means adaptable to said inner panel,” which lacks antecedent basis in the written specification. Paragraph [0022] of the instant specification does disclose “the depiction shows a plurality of attachments secured to the inner panel 205 and the fabric waste band portion 301 in a manner positioned above the second zipper attachment 207 while in use.” However, there is no recitation of a first or second attachment means, and therefore no recitation of their functions relative to one another.
Claim 8 recites the limitation “said fabric waste band portion and a bottom end configured to position said fabric waste band portion behind said second zipper when said functional garment is fully applied to said infant” which lacks antecedent basis in the written specification. Paragraph [0023] of the instant specification discloses “the bottom portion 102 of the functional garment includes a fabric waste band portion 301 that is designed to fit along the upper perimeter of the bottom portion 102. The fabric waste band portion 301 extends upward at a predefined length covering a portion of a user's waste area,” however there is no recitation of where the fabric waist band portion is located relative to the inner panel, and further no recitation of a top insertion end and a bottom end.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 8-9 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 7 recites “a method of manufacturing” then further recites “further comprising a top portion, a bottom portion, a hood…” which appears to be a product claim limitation with no method steps. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite (MPEP 2173.05(p)). If Applicant intends these limitations to be part of the “manufacturing” step, then Examiner respectfully suggests including the language in that clause. Further, Examiner notes that “a top portion” “a bottom portion” and “a hood” have all been recited in the manufacturing clause, therein Examiner respectfully suggests amending the claim to remove redundant language.
Claims 8 and 9 depend from Claim 7 and are likewise rejected due to dependency.
Claim 8 recites the limitation “whereby the fabric waist band comprises a first attachment configured to attach said fabric waist band portion securely to said inner panel of said top portion” which renders the claim indefinite. Claim 7, from which claim 8 depends, recites “the fabric waist band comprising a first attachment.” It is not clear if Claim 8 is reciting the same or different attachment. As the specification discloses that the fabric waistband includes a zipper (as recited in Claim 7) and only one additional attachment means, this limitation will be interpreted as referring to the same structure. Examiner respectfully suggests amending the claims such that the redundant language is minimized.
Claim 9 depends from Claim 8 and is likewise rejected due to dependency.
Allowable Subject Matter
Claims 1-3, and 5-6 are allowed for the reasons set forth in the interview summary mailed 02/09/2024.
Claims 4 and 7-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered.
While Claims 1-9 are free of art, Applicant’s amendments have not addressed all 35 U.S.C. 112(b) issues, and has further raised additional 35 U.S.C. 112(b) issues. Further, the drawing and specification objections are still outstanding, as noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HALEY A SMITH whose telephone number is (571)272-6597. The examiner can normally be reached Monday - Thursday 7:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khoa Huynh can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HALEY A SMITH/Primary Examiner, Art Unit 3732