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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/05/25 has been entered.
Terminal Disclaimer
The Terminal Disclaimer filed 04/11/25 is sufficient to overcome the double patenting rejection of US 11,540,572.
Claim Objections
Claim 7 is objected to because of the following informalities: the limitation “ios” should be replaced with “is”. Appropriate correction is required.
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 2, 4, 5, 7, 11, 13, 14 and 16 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. It is unclear if “the shirt loop” is being positively recited by the claims, claim 1 or 11 from which these claims depend does not positively recite the shirt loop. It is unclear if a shirt loop structure is required or not to read on the claim.
The amendments made to the claims do not remedy the indefiniteness as to if the shirt loop is being positively claimed or not. If the shirt loop is not being positively claimed in claim 1, then claims 2, 4, 5, 7, 11, 13, 14, and 16 should not claim the shirt loop as “the shirt loop” they should claim it as “a shirt loop” so that the shirt loop is clearly not being required by the claims.
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.
Claim(s) 1-5, 8 and 10-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leonard (US 2011/0078839) in view of Weafer (US 2012/0117715).
In regard to claim 1, Leonard teaches a water sport garment with insulated liner (swimsuit 100, can be worn during water sports as desired, no additional structure being required of the short) comprising: a water sport short pant (100), the short pant having a short waistband (exterior short pane garment: 120, see waistband), a pair of short leg openings (see figure 1), a short pelvic area between the short waistband and a short crotch area (figure 1); and a rubberized undergarment having an undergarment waistband (form fitting interior layer: 110 has an upper waistband: figures 1a; claims 1 and 8 and paragraph 0018), a pair of undergarment leg openings (see figures), an undergarment pelvic area between the undergarment waistband and an undergarment crotch area (see figures), the rubberized undergarment adapted to cover and fit closely to a body of a wearer to preserve an elevated temperature of the body of the wearer under the rubberized undergarment (see claims 1 and 8 detailing the interior layer made out of neoprene fibber, which includes all neoprene with the language at least one of, which is a rubberized fabric and paragraph 0018 detailing a form fitting design).
However, Leonard fails to teach the water sport short pant having a shirt loop fastener adapted to be secured to a shirt loop.
Weafer teaches an athletic wear closure system for reversibly connecting sports shorts and shirts together (figures 1 and 21), wherein the closure system comprises a sports short pant with a shirt loop fastener adapted to be secured to a shirt loop (elongate connector/shirt loop fastener: 104, engagement loop/shirt loop: 105; figures 6 and 7A).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the swimsuit of Leonard with the shirt loop fastener as taught by Weafer, since the swimsuit of Leonard provided with a shirt loop fastener would provide a means to attach the shorts/swimwear to a shirt and hold them together and toward one another during use (see abstract of Weafer).
In regard to claim 2, the combined references teach wherein the shirt loop fastener is opened and adapted to receive and secure the shirt loop within the shirt loop fastener (Weafer: figures 6 and 7A).
In regard to claim 3, the combined references teach wherein the shirt loop fastener has a central anchor (Weafer: locking point/central anchor: 106) and a first flap (Weafer: first flap is portion of 104 above 107), and wherein the central anchor is fixed to the garment with insulated liner (Weafer: central anchor 106 is attached to short garment at anchor point: 107).
In regard to claim 4, the combined references teach wherein the shirt loop fastener is adapted to secure the shirt loop by folding the first flap over the shirt loop and securing the first flap to the central anchor (Weafer: see figures 8-12).
In regard to claim 5, the combined references teach wherein the shirt loop fastener is adapted to secure the shirt loop by folding a second flap over the first flap, and securing the second flap to the first flap that is secured to the central anchor (Weafer: see figures 12 and 13, second flap/locking flap: 110).
In regard to claim 8, the combined references teach wherein the shirt loop fastener is stored within a pocket (shirt loop fastener: 104 is stored within pocket 110: figures 12-18).
In regard to claim 10, Leonard teaches a water sport garment with insulated liner (swimsuit 100, can be worn during water sports as desired) comprising: a water sport short pant (100), the short pant having a short waistband (exterior short panel garment: 120, see waistband), a pair of short leg openings (see figure 1), a short pelvic area between the short waistband and a short crotch area (figure 1); and a neoprene undergarment having an undergarment waistband (form fitting interior layer: 110), a pair of undergarment leg openings (see figures), an undergarment pelvic area between the undergarment waistband and an undergarment crotch area (see figures), the rubberized undergarment adapted to cover and fit closely to a body of a wearer to preserve an elevated temperature of the body of the wearer under the rubberized undergarment (see claims 1 and 8 detailing the interior layer made out of neoprene fibber, which includes all neoprene with the language at least one of, which is a rubberized fabric and paragraph 0018 detailing a form fitting design).
However, Leonard fails to teach the short pant having a shirt loop fastener adapted to be secured to a shirt loop.
Weafer teaches an athletic wear closure system for reversibly connecting sports shorts and shirts together (figures 1 and 21), wherein the closure system comprises a sport short pant with a shirt loop fastener adapted to be secured to a shirt loop (elongate connector/shirt loop fastener: 104, engagement loop/shirt loop: 105; figures 6 and 7A).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the swimsuit of Leonard with the shirt loop fastener as taught by Weafer, since the swimsuit of Leonard provided with a shirt loop fastener would provide a means to attach the shorts/swimwear to a shirt and hold them together and toward one another during use (see abstract of Weafer).
In regard to claim 11, the combined references teach wherein the loop fastener is detachably opened at one end and adapted to recieve and secure the shirt loop, and then reattached to secure a water sport shirt loop within the loop fastener (Weafer: figures 8-12).
In regard to claim 12, the combined references teach wherein the shirt loop fastener has a central anchor (Weafer: locking point/central anchor: 106) and a first flap (Weafer: first flap is portion of 104 above 107), and wherein the central anchor is fixed to the water sport garment with insulated liner (Weafer: central anchor 106 is attached to short garment at anchor point: 107).
In regard to claim 13, the combined references teach wherein the loop fastener is adapted to secure the shirt loop attached to a water sport shirt by folding the first flap over the shirt loop and securing the first flap to the central anchor (Weafer: see figures 8-12).
In regard to claim 14, the combined references teach wherein the loop fastener is adapted to secure the shirt loop by folding a second flap over the first flap and securing the second flap to the first flap that is secured to the central anchor (Weafer: see figures 12 and 13, second flap/locking flap: 110, central anchor: 106).
In regard to claim 15, the combined references teach wherein the loop fastener has a central anchor (Weafer: 106), a first flap (Weafer: portion of 104 above 107) and a second flap (Weafer: 110), wherein the central anchor is secured to the water sport garment with insulated liner (Weafer: central anchor: 106 is secured to short garment at anchor point: 107).
In regard to claim 16, Weafer teaches wherein the loop fastener is adapted to secure the shirt loop attached to a water sport shirt by folding the first flap over the shirt loop and securing the first flap to the central anchor (see figures 8-12), and the second flap is folded over the first flap (figures 12-14), and securing the second flap to the first flap that is secured to the central anchor (see figures 7A, identifier 122: locking member attaches to locking member: 120 on second flap: 110).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weafer (US 2012/0117715) in view of Leonard (US 2011/0078839) and Jorgenson (US 7,941,871).
In regard to claim 17, Weafer teaches a sport outfit garment: a shirt having a shirt loop (figures 1 and 21, shirt 3 or 303; shirt loop; 5, 105, 305); the sport outfit garment is capable of being worn as a water sport garment as desired (no additional structure is required of the water sport language); a short pant having a shirt loop fastener adapted to be secured to the shirt loop (short pant: 2 or 302, loop fastener: 4, 104, 304), the short pant having a short waistband (see waistband at top of short pant: 2 or 302), a pair of short leg openings (see openings of short in figures 1 and 21), short pelvic area between the short waistband and a short crotch area (see pelvic area between short waistband and crotch: figures 1 and 21).
However, Weafer fails to teach the shirt being a water sport shirt constructed of an insulated rubberized inner layer and the short pant being water sport shorts, having an insulated rubberized undergarment having an undergarment; a waistband, a pair of undergarment leg openings, an undergarment pelvic area between the undergarment waistband and an undergarment crotch area, rubberized undergarment adapted to cover and fit closely to a body of a wearer to preserve an elevated temperature of the body of the wearer under the insulated rubberized undergarment.
Leonard teaches a water sport short garment (100) with an insulated rubberized inner layer (interior layer: 110 paragraph 0018 and claim 8) and the short pant having an insulated rubberized undergarment having an undergarment (interior layer: 110, paragraph 0018 and claim 8); a waistband (paragraph 0018, waistband: 140), a pair of undergarment leg openings (paragraph 0018), an undergarment pelvic area between the undergarment waistband and an undergarment crotch area (see figure 1), rubberized undergarment adapted to cover and fit closely to a body of a wearer to preserve an elevated temperature of the body of the wearer under the insulated rubberized undergarment (see claims 1 and 8 detailing the interior layer made out of neoprene fibber, which includes all neoprene with the language at least one of, which is a rubberized fabric and paragraph 0018 detailing a form fitting design).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the sport short garment of Weafer with the water sport short rubberized inner layer as taught by Leonard, since the sport short garment of Weafer provided with a water sport rubberized inner layer would provide a short garment that provides a protective layer against the user’s skin to prevent chaffing or rubbing during sport wear including water sports wear (see paragraph 0005 of Leonard).
Jorgenson teaches a sport shirt of an athletic garment made from a rubberized inner layer of neoprene material (Figures 2A, 2B, column 3, lines 7-27).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the athletic garment shirt portion of Weafer in a neoprene lined material as taught by Jorgenson, since the shirt portion of Weafer being a neoprene inner layer would teach a shirt with improved comfort and wearability (see Abstract of Jorgenson).
In regard to claim 18, Weafer teaches wherein the shirt loop fastener is detachably opened at one end to receive and secure the shirt loop and then reattached to secure the shirt loop to the shirt loop fastener (see figures 8-13).
In regard to claim 19, Weafer teaches wherein the shirt loop fastener has a central anchor (central anchor: 106), a first flap (first flap is portion of 104 above 107) and a second flap (second flap: 110), wherein the central anchor is secured to the water sport garment with insulated liner (Weafter: central anchor: 106 is secured to garment at anchor point: 107, garment can be worn as a water sport garment as desired)(Leonard teaches the sport short garment having an insulated liner).
In regard to claim 20, Weafer teaches wherein the loop fastener secures the shirt loop by folding the first flap over the shirt loop and securing the first flap to the central anchor (see figures 8-12), and the second flap is folded over the first flap (figures 12-14), and securing the second flap to the first flap that is secured to the central anchor (see figures 7A, identifier 122: locking member attaches to locking member: 120 on second flap: 110).
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leonard (US 2011/0078839) and Weafer (US 2012/0117715) as applied to claim 1 above, and further in view of Tully (US 10,813,418).
In regard to claim 6, Weafer teaches wherein the shirt loop fastener has a central anchor (portion 106), a first flap (portion of 104 above 107) and a second flap (110), wherein the central anchor (106) is secured by a seam to the sport garment with insulated liner (anchor point: 107, paragraph 0056, garment can be worn as a water sport garment as desired), and wherein hook and loop material is disposed on the surface of the central anchor (paragraph 0062) (see figure 7A).
However, Leonard and Weafer fail to teach wherein hook and loop material is disposed on all exposed surface of the central anchor.
Tully teaches a hook and loop material disposed on all exposed surface of a central anchor (identifier 26 and Figure 1A).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the fastener of Weafer on the central anchor to be located along the entire surface as taught by Tully, since the fastener of Weafer provided on the entire central anchor would provide a more secure attachment of the central anchor to the first flap.
In regard to claim 7, Weafer teaches wherein the shirt loop fastener is adapted to secure the shirt loop attached toa s shirt by folding the first flap over the shirt loop and securing the first flap to the central anchor, and the second flap is folded over the first flap, and securing the second flap to the first flap that is secured to the central anchor (see figures 8-13).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leonard (US 2011/0078839) and Weafer (US 2012/0117715) as applied to claim 1 above, and further in view of Spack (US 2,490,556).
Leonard and Weafer fail to teach further comprising a bladder to be filled with gas.
In regard to claim 9, Spack teaches a bladder on a bathing suit that can be filled with gas (figures 1-4, identifier 23; column 3, lines 54-62).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the bathing suit of Leonard and Weafer with the bladder as taught by Spack, since the bathing suit of Leonard provided with an air filled bladder, would provide a buoyancy means to assist with floating in water.
Response to Arguments
Applicant's arguments filed 11/05/25 have been fully considered but they are not persuasive.
Applicant argues that Leonard fails to teach a garment having “a rubberized undergarment….adapted to cover and fit closely to a body of a wearer to preserve an elevated temperature of the body” as recited in claim 1, and similarly recited as a neoprene undergarment, and an insulated rubberized undergarment in independent claims 10 and 17 respectively.
Leonard teaches the form fitting interior layer being made from a rubberized fiber adapted to cover and fit closely to a body of a wearer (paragraph 0018). One of the mentioned fibers is neoprene, which would preserve an elevated temperature of the body of the wearer under the rubberized undergarment (see claims 1 and 8 detailing the interior layer made out of neoprene fibber, which includes all neoprene with the language at least one of, which is a rubberized fabric and paragraph 0018 detailing a form fitting design). Applicant’s own specification details in paragraph 0003:
Wet suits are typically made of thermally insulating rubberized material such as neoprene, generally designed to fit close to the body. The neoprene creates a thin layer of water between the suit and the wearer's body. After the suit has been submerged, there is not much exchange of water such that a thin layer of water adjacent the wearer's body provides insulation to the wearer.
The form fitting interior layer of Leonard made from neoprene (see claims 1 and 8, detailing that that the fiber creating the interior layer can be only neoprene) would create a thin layer of water between the interior layer and the wearer’s body, which provides insulation to the wearer, as evidenced by Applicant’s specification, and would preserve an elevated temperature of the body of the wearer.
Applicant argues that Leonard’s interior layer would provide a thin layer of neoprene, which would not provide a proper insulated layer to elevate the user’s body temperature, since the interior layer of Leonard is for a reduction of water resistance.
The reduction of water resistance of the interior layer of Leonard is based upon it being form fitting to the user’s body when worn to create a smother shape for the wearer’s body to move through the water with less resistance. The material suitable for this reduction in water resistance is based upon the garment being worn, which leads to the form fitting nature of the material (see paragraph 0018). Leonard’s interior layer being form fitting and made of neoprene would be suitable to reduce water resistance when worn.
Applicant remarks that the neoprene of the interior lining of Leonard is thin and the neoprene of Applicant’s invention is thick.
It is noted that Applicant’s disclosure does not mention any thickness of the neoprene interior liner. Therefore, the arguments with respect to Applicant’s neoprene being thicker than Leonard’s is not convincing to get around the neoprene interior liner as disclosed by Leonard.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732