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 .
Response to Amendment
Amendment filed 24 November 2025 has been entered. Claims 1-19 remain pending in the application. Claims 1, 4, 6-10, 14-15 and 18-19 are currently amended. Claims 2-3, 5, 11-13 and 16-17 are as originally presented. Applicant’s amendments to the Specification and Claims have overcome each and every objection and 112(b) rejections previously set forth in the Non-Final Office Action mailed 25 August 2025.
In view of the amendment to the claims 1, 4, 6-10, 14-15 and 18-19 the previous rejections to claims under 35 U.S.C. 102(a)(1) or 103 have been fully considered and are persuasive in view of the amendment to the claims. Therefore, the rejection to claims 1-20 have been withdrawn. However, upon further consideration, a new ground of rejection is made, please refer to the detailed discussion below.
Claim Objections
Claim 1 is objected to because of the following informalities:
Lines 1-2, missing “the” before the second use of “swim apparatus”.
Line 4, recites “…a first cavity of a plurality of cavities…” where originally presented was “…a first cavity of the plurality of cavities…”. The amended copy does not show this change as a marked up, strike-out or underlined; therefore, is interpreted as an error in the amended version. This should be “…a first cavity of the plurality of cavities…”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 10-11, 13-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by C. S. Chin and Y. L. Wang, "A research on using adjustable buoyancy assistive device in hydrotherapy for cerebral palsy children," 2013 1st International Conference on Orange Technologies (ICOT) [online]. ieeexplore.com, 2013 [downloaded on 2026-01-23]. Retrieved from the Internet: <URL: https://ieeexplore.ieee.org/stamp/stamp.jsp?tp=&arnumber=6521188>, which will be referred as Chin et al. for the rest of this Office Action.
Regarding claim 10, Chin et al. discloses A swim apparatus (Adjustable Buoyancy Flotation Jacket; See at least: figs. 9-17) for maintaining a balanced position (See at least: page 2 of 4, first col. 3rd full para. “…adjust the overall buoyancy and different parts of the body's strength in order to achieve active movement of the various key positions in the water…”; page 3 of 4, second col. first full para. “Each type differ in terms of buoyancy force provide and balance pattern”), the swim apparatus comprising:
a) an outer shell (See at least: figs. 9-17) comprising a plurality of cavities (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2, F2, G1 and G2; See at least: figs. 9-17 {Examiner notes that G1 and G2 only are doubled label, however there are two of each “G” per arm See at least fig. 16 where two “G2” are shown next to each other.});
b) an upper torso flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a first cavity (A1, B1, C1, D1, E1 or F1: See at least: figs. 9-17) of the plurality of cavities of the outer shell (See at least: figs. 9-17),
wherein the upper torso flotation device is comprised of a first at least one removable piece of flotation material (See at least: fig. 14 which shows different configurations where buoyant material can be added or removed to provide better motion; where the highlighted yellow color is interpreted as pockets that have buoyant material inside) and the first cavity of the plurality of cavities is configured to allow the first at least one removable piece of flotation material to be removable (See at least: page 3 of 4, second col. “24 type of adjustable buoyant pattern had been define for different demand during hydrotherapy program set.” And fig. 15-17 which show each pocket to have an open and sealable member {Examiner interprets these open and sealable members to be a hook and soft loop mechanism.});
c) a lower torso flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a second cavity (A2, B2, C2, D2, E2 or F2: See at least: figs. 9-17) of the plurality of cavities of the outer shell;
d) at least one strap (See at least figs. 15-16, showing both an over the shoulder strap and two side straps) fixedly coupled to the outer shell (See at least figs. 15-16) configured to couple a first portion of an outer side of the outer shell (See at least figs. 15-16) and at least one attachable mechanism (See at least figs. 15-17{Examiner interprets these straps to have a hook and soft loop mechanism.}); and
e) at least one limb flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a third cavity (G1 or G2; See at least: figs. 9-17) of the plurality of cavities of the outer shell.
Regarding claim 11, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein at least one piece of material (See at least figs. 15-17, showing material in either colors of vivid yellow, orange, or green on a contrasting base color) is coupled to either
an inner side of the outer shell or
an outer side of the outer shell (See at least figs. 15-17 where the contrasting color material is shown on the outer side of the user/wearer)
to create at least one first cavity of the plurality of cavities (See at least figs. 9-17).
Regarding claim 13, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein the outer shell is a continuous piece (See at least: figs. 9-17: {Examiner notes: continuous is interpreted an outer shell must have the torso and at least two limb parts, this is shown at least figs. 10-14 where the design shows a front and back side containing two arms as one continuous piece.}) that is comprised of a torso portion (either containing pockets of A1, B1, C1, A2, B2, and C2 – OR – F1, E1, D1, F2, E2 and D2; See at least figs. 10-14) and a plurality of limb portions (containing pockets of G1 and G2; See at least figs. 10-14),
wherein each limb portion of the plurality of limb portions is configured to receive a limb of a user (arm; See at least: fig. 17).
Regarding claim 14, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein the first at least one removable piece of flotation material and the first cavity is positioned at an upper torso of a user (See at least: fig. 17 showing the user and pockets associated with their torso),
wherein the first at least one removable piece of flotation material is either
one continuous removable piece of flotation material configured to conform to a user's upper torso or
the first at least one removable piece of flotation material is a plurality of removable flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) configured to conform to the user's upper torso (See at least: fig. 17), and
wherein the first cavity is either
a single continuous cavity configured to enclose the single continuous removable piece of flotation material or
the first cavity is a plurality of cavities (A1, B1, C1, D1, E1 or F1: See at least: figs. 9-17),
wherein each cavity of the plurality of cavities is configured to enclose the first at least one removable piece of flotation material of the plurality of flotation material (See at least: figs. 9-17).
Regarding claim 15, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein a second at least one removable piece of flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) and the second cavity is positioned at a lower torso of a user (See at least: fig. 17 showing the user and pockets associated with their torso),
wherein the second at least one removable piece of flotation material is either
one continuous removable piece of flotation material configured to conform to a user's lower torso or
the second at least one removable piece of flotation material is a plurality of removable flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) configured to desirably contour to the user's lower torso (See at least: fig. 17), and
wherein the second cavity is either
a single continuous cavity configured to enclose the single continuous removable piece of flotation material or
the second cavity is a plurality of cavities (A2, B2, C2, D2, E2 or F2: See at least: figs. 9-17),
wherein each cavity of the plurality of cavities is configured to enclose the second at least one removable piece of flotation material of the plurality of removable flotation material (See at least: figs. 9-17).
Regarding claim 16, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein the at least one strap is fixedly coupled to a first side (exterior side; See at least figs. 15-16, showing both an over the shoulder strap and two side straps, the side strap appears to be sewn to the exterior side of the outer shell, best seen in fig. 16) of the outer shell and is configured with a first attachable mechanism (See at least figs. 15-17{Examiner interprets these straps to have a hook and soft loop mechanism.}).
Regarding claim 18, Chin et al. discloses all the limitations of claim 10 as noted above. Additionally, Chin et al. discloses wherein a third at least one removable piece of floatation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) is either
one continuous removable piece of floatation is configured to conform to a user’s limb or
the third at least one removable piece of flotation material is a plurality of removable flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) configured to conform to the user's limb (arm; See at least: fig. 17), and
wherein the third cavity is either
a single continuous cavity configured to enclose the single continuous removable piece of flotation material or
the third cavity is a plurality of cavities (G1 or G2; See at least: figs. 9-17),
wherein each cavity of the plurality of cavities is configured to enclose the third at least one removable piece of flotation material of the plurality of removable flotation material (See at least: figs. 9-17).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3, 5 and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Lou (WO 2008119262 A1) {previously cited}.
Regarding claim 1, Chin et al. discloses A swim apparatus (Adjustable Buoyancy Flotation Jacket; See at least: figs. 9-17) for maintaining a balanced position (See at least: page 2 of 4, first col. 3rd full para. “…adjust the overall buoyancy and different parts of the body's strength in order to achieve active movement of the various key positions in the water…”; page 3 of 4, second col. first full para. “Each type differ in terms of buoyancy force provide and balance pattern”), swim apparatus comprising:
a) an outer shell (See at least: figs. 9-17) comprising a flexible torso band and a plurality of cavities (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2, F2, G1 and G2; See at least: figs. 9-17 {Examiner notes that G1 and G2 only are doubled label, however there are two of each “G” per arm See at least fig. 16 where two “G2” are shown next to each other.});
b) a torso flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a first cavity (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2 and F2; See at least: figs. 9-17) of a plurality of cavities of the outer shell, wherein the torso flotation device is comprised of a first at least one removable piece of flotation material (See at least page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and fig. 14 which shows different configurations where buoyant material can be added or removed to provide better motion; where the highlighted yellow color is interpreted as pockets that have buoyant material inside) and the first cavity of the plurality of cavities is configured to allow the first at least one removable piece of flotation material to be removable (See at least: page 3 of 4, second col. “24 type of adjustable buoyant pattern had been define for different demand during hydrotherapy program set.” And fig. 15-17 which show each pocket to have an open and sealable member {Examiner interprets these open and sealable members to be a hook and soft loop mechanism.});
c) at least one adjustable strap (See at least figs. 15-16, showing both an over the shoulder strap and two side straps {Examiner notes: Adjustable is interpreted as the range of the hook and soft loop mechanism where Fig. 16 best shows that the straps all are adjustable over the hook and soft loop mechanism’s overlap range.}) fixedly coupled to the outer shell (See at least figs. 15-16) and configured to couple a first portion of the outer shell (See at least figs. 15-16) to a second portion of the outer shell (See at least figs. 15-16); and
d) at least one limb flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a second cavity (G1 or G2; See at least: figs. 9-17) of the plurality of cavities of the outer shell.
However, Chin et al. does not disclose an outer shell (See at least: figs. 9-17) comprising a flexible torso band…
Lou in a similar field of endeavor, teaches A swim apparatus (life swimwear; See at least: Abstract and figs. 1-2 and 7-8) for maintaining a balanced position (See at least: fig. 7), swim apparatus comprising:
a) an outer shell (outer bag (3); See at least: figs. 1-2 and 7-8) comprising a flexible torso band (elastic waistband (4) and fastening tape (5); See at least: figs. 1-2 and 7-8) and a plurality of cavities (See at least: figs. 1-2 and 7-8; floating body (2), outer bag (3))…
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the Adjustable Buoyancy Flotation Jacket of Chin et al. with the life swimwear elastic waistband (4) and fastening strap (5) of Lou with a reasonable expectation of success. This modification would be to turn the Adjustable Buoyancy Flotation Jacket of Chin et al. into swimwear as taught by Lou. One of ordinary skill in the art would have been motivated to make this modification for the benefit of being flexible in the water to move and swim or float ensuring safety and comfort to the user of the swim suit (See at least: Machine translation copy page 3 first full para. starting on lines7-9 “…regardless of whether or not swimming, anyone can wear it, and be flexible in the water, erect, you can also lie down, especially suitable for learning to swim, in line with the principle of learning to swim step by step. People who can swim in the water, have little resistance when swimming, and can be safe…”).
Regarding claim 2, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. Additionally, Chin et al. discloses wherein at least one piece of material (See at least figs. 15-17, showing material in either colors of vivid yellow, orange, or green on a contrasting base color) is coupled to either
an inner side of the outer shell or
an outer side of the outer shell (See at least figs. 15-17 where the contrasting color material is shown on the outer side of the user/wearer)
to create the first cavity (See at least figs. 9-17).
Therefore, claim 2 is rejected for at least the same reasoning as applied to claim 1 above.
Regarding claim 3, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. However, Chin et al. does not disclose …the flexible torso band…
Lou in a similar field of endeavor, teaches wherein the flexible torso band (elastic waistband (4)) is approximately positioned at a waist (waist) of a user and wherein the flexible torso band (elastic waistband (4)) is at least one of:
(1) disposed within an inner side of the outer shell and an outer side of the outer shell or (not taught)
(2) coupled to at least one of the inner side (inside) of the outer shell (swimming trunks (6)) or the outer side of the outer shell (not taught); (See at least: figs. 1 and 8; machine translation copy page 4 first para under “4” starting on the second line “…to ensure safety, an elastic waistband (4) is added to the waist. A wide flat elastic band can be placed inside, and a stronger strap can be used as a fastening strap (5) in the middle to adjust the tightness of each person's waist…” where the fastening strap (5) is the coupling method; where this can be applied to fig. 8’s female life-saving swimsuit)
wherein the flexible torso band (elastic waistband (4)) is stretchable (elastic) to fit a waist circumference of the user. (See at least: fig. 1 which shows the elastic waistband (4) wrapping around the inside circumference of the swimming trunks (6) in the area of a user’s waist; and machine translation copy page 4 first para under “4” starting on line 4 “… to adjust the tightness of each person's waist…”)
Therefore, claim 3 is rejected for at least the same reasoning as applied to claim 1 above.
Regarding claim 5, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. Additionally, Chin et al. discloses wherein the outer shell is a continuous piece (See at least: figs. 9-17: {Examiner notes: continuous is interpreted an outer shell must have the torso and at least two limb parts, this is shown at least figs. 10-14 where the design shows a front and back side containing two arms as one continuous piece.}) that is comprised of a torso portion (either containing pockets of A1, B1, C1, A2, B2, and C2 – OR – F1, E1, D1, F2, E2 and D2; See at least figs. 10-14) and a plurality of limb portions (containing pockets of G1 and G2; See at least figs. 10-14), wherein each limb portion of the plurality of limb portions is configured to receive a limb of a user (arm; See at least: fig. 17).
Lou in a similar field of endeavor, teaches wherein the outer shell is a continuous piece (See at least:figs.7-8)…
Therefore, claim 5 is rejected for at least the same reasoning as applied to claim 1 above.
Regarding claim 7, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. Additionally, Chin et al. discloses wherein the first at least one removable piece of flotation material is either
one continuous piece of removable flotation material configured to conform to a user's torso or
the first at least one removable piece of flotation material is a plurality of removable flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) configured to conform to the user's torso (See at least: fig. 17),
wherein the first cavity is either
a single continuous cavity configured to enclose the single continuous piece of removable flotation material or
the first cavity is a plurality of cavities (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2 and F2; See at least: figs. 9-17), and
wherein each cavity of the plurality of cavities is configured to enclose the first at least one removable piece of flotation material of the plurality of removable flotation material (See at least: figs. 9-17).
Therefore, claim 7 is rejected for at least the same reasoning as applied to claim 1 above.
Regarding claim 8, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. Additionally, Chin et al. discloses wherein the at least one limb flotation device is comprised of
a third at least one removable piece of flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) and the second cavity of the plurality of cavities of the outer shell,
wherein the third at least one removable piece of flotation material is either
one continuous piece of removable flotation material configured to conform to a user's limb or
the third at least one removable piece of flotation material is a plurality of removable flotation material (See at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and figs. 9-14) configured to conform to the user's limb (arm; See at least: fig. 17), and
wherein the second cavity is either
a single continuous cavity configured to enclose the single continuous piece of removable flotation material or
the second cavity is a plurality of cavities (G1 or G2; See at least: figs. 9-17),
wherein each cavity of the plurality of cavities is configured to enclose the third at least one piece of removable piece of flotation material of the plurality of removable flotation material (See at least: figs. 9-17).
Therefore, claim8 is rejected for at least the same reasoning as applied to claim 1 above.
Claims 4 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Lou (WO 2008119262 A1) and farther in view of Hare (US 20130152263 A1).
Regarding claim 4, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above.
However, Chin et al. does not disclose at least one adjustable over-the-shoulder strap (See at least figs. 15-16, showing an over the shoulder strap {Examiner notes: Adjustable is interpreted as the range of the hook and soft loop mechanism where Fig. 16 best shows that the straps all are adjustable over the hook and soft loop mechanism’s overlap range.}) configured to attach a first portion of the at least one adjustable over-the-shoulder strap at a first location on the outer side of the outer shell, and to attach a second portion of the at least one adjustable over-the-shoulder strap at a second location of the outer side of the outer shell… ({Chin et al. discloses an integral constructed strap}).
Lou in a similar field of endeavor, does not teach at least one adjustable over-the-shoulder strap (wide flat elastic band (1) and wide flat elastic bands (21) along with safety buckle connection belt; See at least figs. 1-2 and 7; machine translation {previously provided} page 4 of 6, first full para for “safety buckle connection belt”{Examiner notes: elastic is interpreted as adjustable along with the safety buckle connection belt.}) configured to attach a first portion (See at least figs. 1-2 and 7, shows an end of the wide flat elastic band (1)) of the at least one adjustable over-the-shoulder strap at a first location on the outer side of the outer shell, and to attach a second portion (See at least figs. 1-2 and 7, shows an end of the wide flat elastic band (1)) of the at least one adjustable over-the-shoulder strap at a second location of the outer side of the outer shell… (Lou teaches a strap that is connected to at least the inside of outer bag (3)).
Hare in a similar field of endeavor, does teaches at least one adjustable over-the-shoulder strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3A-4B) configured to attach a first portion (fig. 2B end with sliding buckle 138) of the at least one adjustable over-the-shoulder strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3A-4B) at a first location (buckle 120b; See at least: fig. 3A) on the outer side of the outer shell (See at least: fig. 3A), and to attach a second portion (fig. 2B end without sliding buckle 138) of the at least one adjustable over-the-shoulder strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3A-4B) at a second location (buckle 120d; See at least: fig. 4A) of the outer side of the outer shell (See at least: fig. 4A),
wherein
a first attachable mechanism (buckle 120A) coupled to the first location (fig. 2A, front side) of the first side (right side of fig. 2A) of the outer shell (fig. 2A),
a second attachable mechanism (buckle 120c) coupled to the second location (fig. 2A, back side) of the first side (right side of fig. 2A) of the outer shell (fig. 2A),
a third attachable mechanism (buckle 136 of fig. 2B) coupled to the first portion (fig. 2B end with sliding buckle 138) of the adjustable over-the-shoulder strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3A-4B) and is configured to attach to the first attachable mechanism (buckle 120A), and
a fourth attachable mechanism (buckle 136 of fig. 2B) coupled to the second portion (fig. 2B end without sliding buckle 138) of the adjustable over-the-shoulder strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3A-4B) and is configured to attach to the second attachable mechanism (buckle 120c). (See at least: figs. 2A-2C and 3A; para. [0041] “…a pair of shoulder straps 130 may be used in order to user wader 100 in a dual strap arrangement.”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the shoulder attachments of Chin et al. and Lou with shoulder strap (130) and buckles (120A-120D) of Hare with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification for the benefit of using a number of different shoulder strap arrangements for the comfort and mobility of the user (See at least: Hare para. [0026] “…optional use of a single strap allows for the accurate and un-impinged shouldering of a weapon, should the wader be used by a hunter, or casting of a fishing rod, should the wader be used by a fisherman. Similarly, a single strap arrangement can facilitate any other activities involving the movement of the wearer's arms and can be selectively used to reduce a weight load on one of the wearer's shoulders…” and para. [0041] “By using a combination of one or more shoulder straps 130 and adapter straps 140, wader 100 can be used with a number of different shoulder strap arrangements.”).
Regarding claim 9, Chin et al. in view of Lou teaches all the limitations of claim 1 as noted above. Additionally, Chin et al. discloses wherein the at least one adjustable strap (See at least figs. 15-16, over the shoulder strap) comprises a first portion (hook member; See at least figs. 15-17{Examiner interprets these straps to have a hook and soft loop mechanism.}) and a second portion (soft loop member; See at least figs. 15-17{Examiner interprets these straps to have a hook and soft loop mechanism.}),
wherein the first portion of the at least one adjustable strap is fixedly coupled (Sewn; See at least: fig. 16 where the XS size shows a sewn line) to a first portion (front side; See at least: fig. 16) of an outer side of the outer shell and the second portion (hook member; See at least figs. 15-17{Examiner interprets these straps to have a hook and soft loop mechanism.}) of the at least one adjustable strap is fixedly coupled (Sewn) to a second portion (back side) of the outer side of the outer shell (See at least: fig. 16),
However, Chin et al. does not disclose the strap’s connection on both an outer side of the outer shell (Chin et al. shows one is connected to the inner side of the outer shell).
Hare in a similar field of endeavor, teaches wherein the at least one adjustable strap (fig. 2B shoulder strap 130 along with buckles 120a-120d and associated connecting straps; See at least figs. 2A, and 3-4) comprises a first portion (buckles 120a-120b and associated connecting straps; See at least figs. 2A, and 3-4) and a second portion (fig. 2B shoulder strap 130 along buckles 120c-120d and associated connecting straps; See at least figs. 2A, and 3-4),
wherein the first portion of the at least one adjustable strap is fixedly coupled (See at least figs. 2A, and 3A-4B, and para [0056] “fixed connections”, where the unlabeled straps connecting buckles 120a-120d to the bib 102 are interpreted as fixed connections as shown in the images) to a first portion (front side; See at least: fig. 3A) of an outer side of the outer shell (See at least: fig. 3A) and the second of the at least one adjustable strap is fixedly coupled (See at least figs. 2A, and 3A-4B, and para [0056] “fixed connections”, where the unlabeled straps connecting buckles 120a-120d to the bib 102 are interpreted as fixed connections as shown in the images) to a second portion (back side; See at least fig. 4A) of the outer side of the outer shell (See at least: fig. 4A),
wherein the first portion of the at least one strap comprises of a first attachable mechanism (either of buckle 120a-b; See at least fig. 3A) and the second portion of the at least one adjustable strap comprises of a second attachable mechanism (buckle 136 of fig. 2B shoulder strap 130; See at least fig. 2B, 3A and 4A),
wherein the first attachable mechanism of the first portion of the at least one adjustable strap is configured to attach to the second attachable mechanism of the second portion of the at least one adjustable strap (See at least: fig. 3A showing 120b and 136 attached along with para [0056] “Additionally, referring to FIGS. 3A-3B and 4A-4B, depending upon the desired flexibility of the system, any of the buckles combinations described can be replaced by fixed connections.”).
Therefore, claim 9 is rejected for at least the same reasoning as applied to claim 4 above.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Lou (WO 2008119262 A1) and farther in view of Freeman et al. (US 20040203302 A1) {previously cited} and further in view of Hsu (US 9067657 B2).
Regarding claim 6, Chin et al. in view of Lou teaches all the limitations of claim 5 as noted above. However, Chin et al. does not disclose nor does Lou teach further comprising: a neck-head flotation device…
Freeman et al. in a similar field of endeavor, teaches further comprising:
a neck-head flotation device (head support panel 25) coupled to the outer shell (back panel 27) and configured to maintain a head of a user above a surface of a body of water (figs. 3-4), (See at least: figs. 2 and 6; para. [0013] “…a head support panel 25, constructed of an expanded foam material and typically having a cover 11, is provided for supporting the head of a user when the adult flotation device or devices 2 and child flotation device 30 are in place and during flotation, to facilitate resting an adult 20 and child 29 in a comfortable position while floating, with the head resting rearwardly on the buoyant head support panel 25…”)
wherein the neck-head flotation device (head support panel 25) comprises
a first portion (side opposite of the one connected to the back panel 27) and a second portion (side connected to the back panel 27), and
wherein the first end (side opposite of the one connected to the back panel 27) is removably coupled to the torso portion (back panel 27) and (See at least: figs. 2 and 6; para [0013] “…the head support panel 25 is secured to the adult flotation device 2 and the child flotation device 30, respectively, by means of a pair of detachable hinge clips 26 and respective clip element straps 10, such that the head support is conveniently positioned by gravity alongside the back panel 27 when the user is not in the water…” therefore is not removably coupled to the back panel 27 )
wherein the second end (support surface 11) is either:
(1) fixedly coupled to the outer shell (back panel 27), or
(2) removably coupled (detachable hinge clips 26 and respective clip element straps 10) to the outer shell (back panel 27). (See at least: figs. 2 and 6; para [0013] “…the head support panel 25 is secured to the adult flotation device 2 and the child flotation device 30, respectively, by means of a pair of detachable hinge clips 26 and respective clip element straps 10, such that the head support is conveniently positioned by gravity alongside the back panel 27 when the user is not in the water…” therefore is removably coupled to the back panel 27 ).
However, Freeman et al. does not teach wherein the first end (side opposite of the one connected to the back panel 27) is removably coupled to the torso portion (back panel 27)
Hsu (US 9067657 B2) in a similar field of endeavor, teaches wherein the neck-head flotation device (back movable float 142) comprises a first portion (side opposite of the one connected to the back float 112) and a second portion (side connected to the back float 112), and wherein the first end (side opposite of the one connected to the back float 112) is removably coupled to the torso portion (the securing strap 132) (See at least: col. 4 lines 33-39 “…When the left float 1411, the right float 1412 and the back movable float 142 are unfolded by a buoyancy force in water, their unfolding angles are restricted by the ropes 15. Besides, the protective garment 12 has attaching members 16 (such as magnets, hook-and-loop fasteners or buttons) for attaching the left float 1411, the right float 1412 and the back movable float 142 to the securing strap 132.…”)
However, Hsu does not teach the neck-head flotation device.
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the Adjustable Buoyancy Flotation Jacket of Chin et al. with the removably coupled head support panel 25 of Freeman et al. and the attaching members 16 of Hsu with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification for the benefit of providing support to the head of a user in a comfortable position while floating (See at least: Freeman et al. para. [0013] “…a head support panel 25, constructed of an expanded foam material and typically having a cover 11, is provided for supporting the head of a user when the adult flotation device or devices 2 and child flotation device 30 are in place and during flotation, to facilitate resting an adult 20 and child 29 in a comfortable position while floating, with the head resting rearwardly on the buoyant head support panel 25…”). Further motivation is the benefit that adding the attaching members 16 of Hsu allows the head support panel 25 of Freeman et al. to perform in the water effectively the same while allowing for the head support panel 25 to stay secure while out of the water while the user is performing movements such as jumping, bending down or twisting.
Claims 12 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Gilmer (US 20060094316 A1) {previously cited}.
Regarding claim 12, Chin et al. discloses all the limitations of claim 1 as noted above. However, Chin et al. does not disclose wherein the outer shell is further comprised of
a coupling mechanism configured to connect a first back portion and a second back portion of the outer shell…
Gilmer in a similar field of endeavor, teaches wherein the outer shell (fig. 11B, flotation swimsuit F) is further comprised of a coupling mechanism (full length closure mechanism 152) configured to connect a first back portion (fig. 11B, left side of flotation swimsuit F) and a second back portion (fig. 11B, right side of flotation swimsuit F) of the outer shell (fig. 11B, flotation swimsuit F),
wherein the first back portion (fig. 11B, left side of flotation swimsuit F) of the outer shell (fig. 11B, flotation swimsuit F) is fixedly coupled to a first mechanical attachment (full length closure mechanism 152) and the second back portion (fig. 11B, right side of flotation swimsuit F) of the outer shell is fixedly coupled to a second mechanical attachment (full length closure mechanism 152), and
wherein the first mechanical attachment (full length closure mechanism 152) is configured to attach to the second mechanical attachment (full length closure mechanism 152) to fasten a user inside of the outer shell (fig. 11B, flotation swimsuit F). (See at least: Fig. 11A-11B; para [0050] “…a fastenable back opening 150 in accordance with yet another embodiment of the present invention. As shown in FIG. 11 B, it may be preferable to have a fastenable torso opening 150 in the rear of a flotation swimsuit F in order to help prevent removal by toddlers and small children…” and “…the fastenable closure mechanism 150 may include a full length closure mechanism 152 such as a zipper or hook and loop fastener. Alternatively, rear fastenable opening 150 may be fastened using a periodically spaced closure mechanism such as a set of ties, hooks, snaps, buttons, clasps, straps, or adjustable straps having quick connect clasps…” where the alternate embodiment of claps and quick connect claps are the first and second mechanical attachment; see also fig. 10B for an example of how the closure mechanism 146 is fixed to the flotation swimsuit next to the chest opening 140 and para [0049])
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the Adjustable Buoyancy Flotation Jacket of Chin et al. with rear fastenable opening 150 and full length closure mechanism 152 of the alternate embodiment of Gilmer with a reasonable expectation of success. This modification would be to turn the Adjustable Buoyancy Flotation Jacket of Chin et al. into flotation swimsuit as taught by Gilmer. One of ordinary skill in the art would have been motivated to make this modification for the benefit of designing a floatation swimsuit for all ages, where the toddler and small children version having a fastenable opening 150 in the rear makes it difficult for the child or toddler to remove the flotation swimsuit keeping them safe in the water (See at least: Gilmer para [0050] “…As shown in FIG. 11B, it may be preferable to have a fastenable torso opening 150 in the rear of a flotation swimsuit F in order to help prevent removal by toddlers and small children. By placing the fastenable opening 150 in the rear of the flotation swimsuit F it is possible to make it difficult, if not impossible for a child or toddler to remove the flotation swimsuit without assistance, thereby ensuring that the child or toddler cannot remove the flotation swimsuit F…”).
Claims 17 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Matsumura (US 20070072498 A1) {previously cited}.
Regarding claim 17, Chin et al. discloses all the limitations of claim 16 as noted above. However, Chin et al. does not disclose further comprising a detachable flotation device…
Matsumura in a similar field of endeavor, teaches further comprising
a detachable flotation device (life saving apparatus 1), (See at least: fig. 1)
wherein the detachable flotation device (life saving apparatus 1) is comprised of at least one flotation material (float body 2) and at least one fixedly coupled strap (attaching belt 3, extension belt 5, connecting belt 6), (See at least: para [0043] last 6 lines of the para. “…The extension belt 5 and the connecting belts 6 have their respective upper ends affixed to the reinforcing band-like portion 2a of the float body 2 and their respective lower ends affixed to the attaching belt 3. These fixations can be realized by means of sewing, adhesive bonding, etc…” and para. [0052] “…According to a still further embodiment of the invention, this connection between the float body and the attaching member forwardly of the connecting position of the extension cable member can omit use of the connecting belts 6 or the like. For instance, the float body and the attaching body can be directly affixed to each other…”)
wherein the fixedly coupled strap (attaching belt 3, extension belt 5, connecting belt 6) of the detachable flotation device (life saving apparatus 1) is configured with a first attachable mechanism (mating pair of buckles 3b, 3c) and (See at least: fig. 1; para. [0041 lines 1-4, “…The attaching belt 3 is a belt attached around the wearer's waist. In this embodiment, the belt 3 includes a belt body 3a and a mating pair of buckles 3b, 3c as a mutually engageable engaging device…”)
wherein the first attachable mechanism (mating pair of buckles 3b, 3c) of the detachable flotation device (life saving apparatus 1) attaches to the first attachable mechanism (mating pair of buckles 3b, 3c) of the at least one strap (formed integral with a garment) fixedly coupled to the first side of the outer shell (formed integral with a garment) to assist a user (wearer P) in maintaining a desired horizontal position. (See at least: fig. 3; para. [0044] “as illustrated in FIG. 3, when the wearer P is afloat in water, the float body 2 assumes a horizontal posture as a matter of course, so that the body of the wearer P will naturally assume the ideal rearwardly inclined posture…” where fig. 3 shows a wearer P who is capable to form a horizontal position and para. [0049] in full “…(1) In the foregoing embodiment, as the "attaching body", there is employed as the attaching belt 3 which is attached around the waist of the wearer P. However, the "attaching body" relating to the invention is not limited to such belt-like member. Namely, the "attaching body" can be any member having a portion to be attached around the waist of the wearer P. For instance, according to a further preferred embodiment of the invention, this attaching body can be formed integral with a garment such as a bathing suit, a wet or diving suit, etc. to be fitted around the wearer's P waist…” where a one such method is to have a strap formed integral with a garment which mate with buckles 3b, 3c where the life saving apparatus 1 is clipped into the garment )
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the Adjustable Buoyancy Flotation Jacket of Chin et al. with the life saving apparatus 1 of Matsumura with a reasonable expectation of success. This modification would be to turn the Adjustable Buoyancy Flotation Jacket of Chin et al. into a garment, such as a bathing suit, a wet or diving suit, etc. to be fitted around the wearer's P waist as taught by Matsumura. One of ordinary skill in the art would have been motivated to make this modification for the benefit of having additional buoyancy available if an emergency would occur while wearing it, yet not to obstruct the wearer’s action under normal conditions of the user such as swimming (See at least: Matsumura para. [0002] “…a life saving apparatus having an inflatable float body which is not obstructive to a wearer's action under a normal inoperative condition of the apparatus…”).
Claims 19 is rejected under 35 U.S.C. 103 as being unpatentable over Chin et al. in view of Lou (WO 2008119262 A1) and farther in view of Denis (WO 95100448 A1) {previously cited}.
Regarding claim 19, Chin et al. discloses A swim apparatus (Adjustable Buoyancy Flotation Jacket; See at least: figs. 9-17) for maintaining a balanced position (See at least: page 2 of 4, first col. 3rd full para. “…adjust the overall buoyancy and different parts of the body's strength in order to achieve active movement of the various key positions in the water…”; page 3 of 4, second col. first full para. “Each type differ in terms of buoyancy force provide and balance pattern”), the swim apparatus comprising:
a) an outer shell (See at least: figs. 9-17) comprising a flexible torso band and a plurality of cavities (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2, F2, G1 and G2; See at least: figs. 9-17 {Examiner notes that G1 and G2 only are doubled label, however there are two of each “G” per arm See at least fig. 16 where two “G2” are shown next to each other.});
b) a torso flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a first cavity (A1, B1, C1, D1, E1, F1, A1, B2, C2, D2, E2 and F2; See at least: figs. 9-17) of the plurality of cavities of the outer shell, wherein the torso flotation device is comprised of a first at least one removable piece of flotation material (See at least page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA” and fig. 14 which shows different configurations where buoyant material can be added or removed to provide better motion; where the highlighted yellow color is interpreted as pockets that have buoyant material inside) and the first cavity of the plurality of cavities is configured to allow the first at least one removable piece of flotation material to be removable (See at least: page 3 of 4, second col. “24 type of adjustable buoyant pattern had been define for different demand during hydrotherapy program set.” And fig. 15-17 which show each pocket to have an open and sealable member {Examiner interprets these open and sealable members to be a hook and soft loop mechanism.});
c) at least one strap (See at least figs. 15-16, showing both an over the shoulder strap and two side straps.) fixedly coupled to the outer shell (See at least figs. 15-16) and configured to couple a first end of the outer shell (See at least figs. 15-16) to a second end of the outer shell (See at least figs. 15-16);
d) at least one limb flotation device (Seen at least: page 3 of 4 col. 1, above fig. 9 “Buoyant material: NBR, EPDM or EVA”) enclosed within a second cavity (G1 or G2; See at least: figs. 9-17) of the plurality of cavities of the outer shell;
e) at least one detachable over-the-shoulder strap(See at least figs. 15-16, showing an over the shoulder strap {Examiner notes: detachable is interpreted a hook and soft loop mechanism ability attach/detach from each other.}); and
a neck-head flotation device coupled to the outer shell and configured to maintain an approximate desired position of a head and a neck of a user.
However, Chin et al. does not disclose …an outer shell (See at least: figs. 9-17) comprising a flexible torso band and… a neck-head flotation device coupled to the outer shell and configured to maintain an approximate desired position of a head and a neck of a user.’
Lou in a similar field of endeavor, teaches A swim apparatus (life swimwear; See at least: Abstract and figs. 1-2 and 7-8) for maintaining a balanced position (See at least: fig. 7), swim apparatus comprising:
a) an outer shell (outer bag (3); See at least: figs. 1-2 and 7-8) comprising a flexible torso band (elastic waistband (4) and fastening tape (5); See at least: figs. 1-2 and 7-8) and a plurality of cavities (See at least: figs. 1-2 and 7-8; floating body (2), outer bag (3))…
However, Lou does not teach …a neck-head flotation device coupled to the outer shell and configured to maintain an approximate desired position of a head and a neck of a user.’
Denis in a similar field of endeavor, teaches the swim apparatus (swimming training garment) comprising;
a neck-head flotation device (central float 61) coupled (The float 61 is attached to the jersey by its two end zones 68, 69) to the outer shell (garment 60) and configured to maintain an approximate desired position of a head and a neck of a user . (See at least figs. 8 and 11; machine translation copy page 4 of 6, fifth full para on the page “…the float 61 rises when entering the water under the effect of the thrust of the water. The float 61 raised then adopts a position perfectly adapted to the face of the user which rests on the float 61. The face even sinks slightly into the float 61 forming a cushion, as shown by the broken lines in FIG. 11. Thus, Optimal stability of the face on the float is obtained in the position of the raised chin required for learning.…”).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the Adjustable Buoyancy Flotation Jacket of Chin et al. with the life swimwear elastic waistband (4) and fastening strap (5) of Lou and with the swimming training garment of Denis with a reasonable expectation of success. This modification would be to turn the Adjustable Buoyancy Flotation Jacket of Chin et al. into swimwear as taught by Lou and Denis. One of ordinary skill in the art would have been motivated to make this modification for the benefit of allowing the users to overcome a psychological element of anxiety and panic when learning to swim as the buoyancy swim suit will assist to maintain their body level on the surface of the water. (See at least: Denis machine translation copy page 1 of 6, first para. under the line “Field of the invention”, “…The invention relates to a garment for learning to swim. STATE OF THE ART One of the problems encountered by people, in particular children, when learning to swim is that they find it difficult to maintain their body at the level of the surface {of} the water. To this is added a psychological element of anxiety which has the effect that some children experience a feeling of panic when they are put in the water…” and page 4 of 5, fifth full para. on the page “…When the user adopts the learning position in the water, as illustrated in FIG. 11, the float 61 rises when entering the water under the effect of the thrust of the water. The float 61 raised then adopts a position perfectly adapted to the face of the user which rests on the float 61. The face even sinks slightly into the float 61 forming a cushion, as shown by the broken lines in FIG. 11. Thus, optimal stability of the face on the float is obtained in the position of the raised chin required for learning…”). Additionally, one of ordinary skill in the art would have been motivated to make this modification for the benefit of being flexible in the water to move and swim or float ensuring safety and comfort to the user of the swim suit (See at least: Machine translation copy page 3 first full para. starting on lines7-9 “…regardless of whether or not swimming, anyone can wear it, and be flexible in the water, erect, you can also lie down, especially suitable for learning to swim, in line with the principle of learning to swim step by step. People who can swim in the water, have little resistance when swimming, and can be safe…”).
Additional Relevant Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure and may be found in the accompanying PTO-892 Notice of References Cited:
Lee (US 20170027244 A1) teaches sewn in floats as discussed in the interview summary (See at least: para. [0035] “…the foams 31 incorporated by a sewing line 40 can be fixed in place without movements.”).
Herman et al. (US 20040231025 A1) teaches bonded fabric to contain the floats as discussed in the interview summary (See at least: para. [0033] “…The preferred method at present is to adhesively bond a jersey-type, stretchable fabric to underlying flotation panel material to form a laminate.”).
Nelson et al. (US 7201626 B1) {previously cited} teaches removable floats as discussed in the interview summary (See at least: fig. 4a-4b).
Michalochick et al. (US 5184968 A) {previously cited} teaches removable floats as discussed in the interview summary (See at least: col. 3 lines 9-17 “The floatation device may be permanently secured between the two plies of mesh fabric in which case the edges of the mesh fabric are completely sewn to each other. If it is desired to have the floatation member removable, suitable detachable connection means can be provided between selected edges of the two-ply upper mesh fabric or between the mesh fabric and the waist band to facilitate the insertion and removal of the floatation member.”).
Gilmer (US 6971935 B1) teaches removable floats are known in the art (See at least: col. 1 lines 29-60, “…prior flotation swimsuits, the foam blocks have been inserted into open pockets…”.) as discussed in the interview summary. This also relates to the Applicant’s claim 12 as this is the patent for the publication cited.
Ford (US 1730812 A) {previously cited} teaches removable floats as discussed in the interview summary (See at least: fig. 1; plurality of pockets 11, means 13 “for fastening”).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIC ANTHONY STARCK whose telephone number is (571)272-6651. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm Eastern Standard Time (EST).
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/ERIC ANTHONY STARCK/Examiner, Art Unit 3615
/MARC Q JIMENEZ/Supervisory Patent Examiner, Art Unit 3615