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 .
Status of Claims
This Office Action is in response to the application file on March 06, 2023. Claims 1-20 are presently pending and are presented for examination.
Priority
Acknowledgment is made of Applicant' s claim for priority as the Application Data Sheet and this Application' s disclosure both claim benefit of Provisional US Patent Application No. 63/317,153 filed on March 07, 2022.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on March 06, 2023 and July 27, 2023 are considered by the examiner.
Drawings
The drawings are objected to because the following:
Figs. 2, 5-8, 10, 12-15 and 18; all have many reference characters that are different than what is provided in the spec. See below for specific findings and action:
In regards to fig. 2, only reference characters “1” and “11” appear to be correct; where all others require updating to match the spec.
In regards to Figs. 5-7, 10 and 12-15; all have no reference characters that match the spec. Figs. 5-6, 10 and 12-15 all require updating to match the spec.
In regards to fig. 8, only reference characters “1”, “10”, “11” and “141” appear to be correct; where all others require updating to match the spec.
In regards to fig. 18, only reference characters “1” and “12” appear to be correct; where all others require updating to match the spec.
Fig. 7 does not match Fig. 6 and the spec. page 8 lines 15-19 “…The hexagonal low- density polyethylene sheets 41 are made wherein the three layers, in the aforementioned configuration, are placed into a hexagonal mold and are then fused together using pressure and heat, thus binding the layers together. The area between each hexagonal section is the stretchable spacing 414…” due to the lines provided in the three layers. See Fig. 7 Modified by Examiner for an example correction below.
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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 disclosure is objected to because of the following informalities:
Specification paragraphs “…should be individually and consecutively numbered using Arabic numerals, so as to unambiguously identify each paragraph. The number should consist of at least four numerals enclosed in square brackets, including leading zeros (e.g., [0001]). The numbers and enclosing brackets should appear to the right of the left margin as the first item in each paragraph, before the first word of the paragraph, and should be highlighted in bold. A gap, equivalent to approximately four spaces, should follow the number.” See MPEP 608.01.I and 37 C.F.R. 1.52(b)(6). This numbering system will allow for better communication and referencing between the Patent Examiner and the Attorney/Inventor.
Page 7 lines 15-17 introduce fig. 5 where the reference characters listed for do not match the Fig. 5 reference characters. For purposes of compact prosecution, the examiner interprets the specification to list the correct reference characters; where the drawing requires updating to the proper reference character.
Page 7 lines 28 to page 8 line 19 discuss figs. 6-7 where the reference characters here do not match the figures. For purposes of compact prosecution, the examiner interprets the specification to list the correct reference characters; where the drawing requires updating to the proper reference character.
Page 8 lines 24-27 reference characters do no match fig. 8. For purposes of compact prosecution, the examiner interprets the specification to list the correct reference characters; where the drawing requires updating to the proper reference character.
Page 9 line 21 to page 10 line 3 discuss fig. 13 where the reference characters here do not match the figures. For purposes of compact prosecution, the examiner interprets the specification to list the correct reference characters; where the drawing requires updating to the proper reference character.
Appropriate correction is required.
Claim Objections
Claims 1, 3-5, 6-9, 11 and 14-19 are objected to because of the following informalities:
Regarding claims 1, 6-8 and 11; there are multiple use of “a user” and “the user” where the use is inconstant throughout the claim language. An example of this is found in claim 1: line 18 recites “a body of a user”; line 20 recites “a backside of the user”; line 22 recites “a torso of the user”; lines 24-25 recite “a left arm of a user”. Therefore, claim 1 line 24-25 should state “a left arm of the user”. For purposes of compact prosecution, the Examiner does not interpret a/the user as claimed structure of the invention and to be the same user of the invention as this invention is not intended for multiple users at the same time.
Regarding claims 3-5 and 14-19; there are multiple use of “low-density” and “low density” where the use is inconstant throughout the claim language. An example of this is found in claim 3 line 27 recites “a plurality of hexagonal low-density polyethylene sheets” where claim 4 lines 28-29 recite “the plurality of hexagonal low density polyethylene sheets”. For purposes of compact prosecution, the Examiner interprets “low-density” and “low density” be the same.
Regarding claim 5, line 13 recites “…comprise a rear zipper assembly:…” then lists the items that comprise a rear zipper assembly, therefore is missing the phrase “wherein said rear zipper assembly comprises;”. See claim 2 and claim 8 for examples of clear claim language regarding the zippers.
Regarding claim 7, line 10 recites “…covering the a rear facing portion…” where “…the a…” is a typo and should be “…covering a rear facing portion…”.
Regarding claim 7, line 4 recites “…where the bottom portion of the comprises…” where “of the” is a typo and should be deleted to state “…where the bottom portion comprises…”.
Regarding claims 4, 6 and 9 all claims are missing a period (.) at the end of the claim. At the end of both claims 6 and 9 is a semicolon “;” without further related connected clauses. For purposes of compact prosecution, the Examiner interprets all these claims to have a period at the end and not semicolons, if used.
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 1-5 and 7-12 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 1 recites “…a neckband…” in page 11 line 7, “…the neckband positioned circumferentially adjacent to the neck opening…” in page 11 line 28 and “…the plurality of soft elastic positioned circumferentially around the neck opening…” in page 12 lines 1-2. Where the spec. page 6 lines 23-25 recite “…The soft elastic lining 42 forms a band around the extremities of the user wherein the bands compose a neckband 13, two armbands, and two leg bands…”. The claim language is not clear if the invention contains both a neckband and another soft elastic around the neck opening in addition to the neckband. The spec. clarifies that the neckband is soft elastic lining around the neck opening. Claim 1 is unclear as it positively claims the same structure twice; a neckband and the plurality of soft elastic positioned circumferentially around the neck opening {the definition of a neck band per the spec.}. To correct this the Examiner recommends to only to claim one of the following: (1) the neckband, two armbands and two leg bands; or (2) the definition of each “…the plurality of soft elastic…” placed around each opening.
Claims 2-3 are rejected as they are dependents of claim 1.
Claim 4 recites the limitation “… the stretchable spacing forming a perimeter around the hexagonal low density polyethylene sheets wherein the stretchable spacing engages at least two hexagonal low density polyethylene sheet…” where the use of structure “…hexagonal low density polyethylene sheet(s)…” is unclear in its use as it refers to the complete assembly which includes “…stretchable spacing…” (See at least: claim 4 page 12 lines 29-31 and page 13 lines 1-3). For purposes of compact prosecution, the Examiner interprets claim 4 as “… the stretchable spacing forming a perimeter area around the middle low density polyethylene layer wherein the stretchable spacing engages at least two of the middle low density polyethylene layer …” which best as the Examiner understands is shown in Fig. 6 and disclosed in spec. page 8 lines 15-19 “…The hexagonal low- density polyethylene sheets 41 are made wherein the three layers, in the aforementioned configuration, are placed into a hexagonal mold and are then fused together using pressure and heat, thus binding the layers together. The area between each hexagonal section is the stretchable spacing 414…”.
Claim 5 is rejected as it is a dependent of claim 1.
Claim 7 recites the limitation “a rear side” in line 10. Claim 7 line 6 recites “a rear side” and therefore is unclear if the line 10 “a rear side” is a different on that of line 6. For purposes of compact prosecution, the Examiner interprets line 10 to be “the rear side” as it is the same side of line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 8-9 both recites the limitation “A floating swimwear…” in page 15 line 6, and page 16 line 7. Claim 6 line 1 recites “A floating swimwear…” and therefore is unclear if claims 8-9 is same invention of claim 6 a different one. For purposes of compact prosecution, the Examiner interprets claims 8-9 to be “The floating swimwear…”as these claims are dependents of claim 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “an elastic waistband” in line 16. Claim 6 line 12 recites “an elastic waistband” and therefore is unclear if the claim 10 “an elastic waist band” is a different on that of claim 6. For purposes of compact prosecution, the Examiner interprets claim 10 to be “the elastic waistband” as it is the same structure as stated in claim 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 11-12 are rejected as they are dependents of claim 7.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Meredith (US 5459874 A).
Regarding claim 1, Meredith discloses a floating swimwear (flotation suit, 10 or 12) comprising: (See at least: figs. 1-4; where fig.1 shows a generic suit 10, and where fig. 2 shows a boy's or men's style flotation suit 12; col. 5 lines 2-3 “…FIG. 1 discloses a perspective view of one embodiment of a flotation suit…”)
a front portion (front panel 14); (See at least: fig. 3; front panel 14)
a rear portion (back panel 16); (See at least: fig. 3; back panel 16)
a neckband (elastic material 38a); (See at least: fig. 3; elastic material 38a showing in the item placed in the neck opening 40)
a plurality of upper openings (neck opening 40, left and right arm openings 42a and 42b) comprising; (See at least: figs. 1 and 3)
a neck opening (neck opening 40); (See at least: figs.1 and 3)
a left upper opening (left arm opening 42a); (See at least: figs. 1 and 3; where fig. 3 shows both 42a/42b to be for either the left or right arm opening depending on the front view or rear view; the Examiner notes this error and uses the fig. 1 reference character.)
and a right upper opening (right arm opening 42b); (See at least: figs. 1 and 3; where fig. 3 shows both 42a/42b to be for either the left or right arm opening depending on the front view or rear view)
a plurality of bottom openings (left and right leg openings 44a and 44b) comprising: (See at least: figs.1 and 3)
a left bottom facing opening (left leg openings 44a); (See at least: figs. 1 and 3; where fig. 3 shows both 44a/44b to be for either the left or right leg opening depending on the front view or rear view; the Examiner notes this error and uses the fig. 1 reference character.)
and a right bottom facing opening (right leg openings 44b); (See at least: figs. 1 and 3; where fig. 3 shows both 44a/44b to be for either the left or right leg opening depending on the front view or rear view)
a buoyant material (flotation pads 18a through 18f, 20a and 20b); (See at least: fig. 3)
a plurality of soft elastic linings (elastic material 38a through 38e); (See at least: fig. 3)
the floating swimwear (flotation suit, 10 or 12) being fashioned from the buoyant material (flotation pads 18a through 18f, 20a and 20b); (See at least: figs.1 and 3; where fig 3 shows the individual materials which include the floatation pads18a through 18f, 20a and 20b to make flotation suit 10)
the front portion (front panel 14) covering a front facing portion of a body of a user; (See at least: figs. 1 and 3)
the rear portion (back panel 16) positioned adjacently opposed to the front facing portion (front panel 14), covering a backside of the user; (See at least: figs. 1 and 3, where fig. 1 shows the front and back panels 14 and 16 opposed to each other when viewed with fig. 3)
the plurality of upper openings (neck opening 40, left and right arm openings 42a and 42b) positioned on a portion of the floating swimwear (flotation suit, 10 or 12) covering a torso of the user, wherein the neck opening (neck opening 40) is located near the top center of the floating swimwear (flotation suit, 10 or 12) receiving a neck of the user, the left upper opening (left arm opening 42a) facing leftwardly through the floating swimwear (flotation suit, 10 or 12) receiving a left arm of a user, and the right upper opening (right arm opening 42b) positioned opposed to the left upper opening, facing rightwardly through the floating swimwear (flotation suit, 10 or 12) receiving a right arm of the user; (See at least: figs.1 and 3, where the wearer/user is not shown, though the spec. lists the openings based on the intended function of each opening for the corresponding body part of the wearer/user; fig. 1 shows a perspective view of flotation suit 10 the left and right locations are determined by col. 6 lines 25-32 “…In addition to the above basic components of generic suit 10, elastic material 38a through 38e may be installed respectively at the neck opening 40, left and right arm openings 42a and 42b, and left and right leg openings 44a and 44b…”)
the neckband (elastic material 38a) positioned circumferentially adjacent to the neck opening (neck opening 40); (See at least: figs.1 and 3, where fig. 3 best shows the position and attachment of the elastic material 38a with regards to the neck opening 40)
the plurality of bottom openings (left and right leg openings 44a and 44b) facing downwardly wherein the left bottom facing opening (left leg openings 44a) receives a left leg of the user, and the right bottom facing opening (right leg openings 44b) receives a right leg of the user; (See at least: figs.1 and 3, where the wearer/user is not shown though the spec. lists the openings based on the intended function of each opening for the corresponding body part of the wearer/user; fig. 1 shows a perspective view of flotation suit 10 the left and right locations are determined by col. 6 lines 25-32)
the plurality of soft elastic linings (elastic material 38a through 38e) positioned circumferentially around the neck opening (neck opening 40), the plurality of upper openings (neck opening 40, left and right arm openings 42a and 42b) and the plurality of bottom openings (left and right leg openings 44a and 44b). (See at least: figs.1 and 3).
Claims 6-7, 9 and 11 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Xing (CN 201062087 Y).
Regarding claim 6, Xing discloses a floating swimwear (buoyancy swimming suit) comprising: (See at least: Fig. 1; Machine translation copy page 1, Abstract line 1 “This utility model claims a buoyancy swimming suit…”)
a top portion (coat main body 3) comprising: (See at least: Fig. 1; Machine translation copy page 2, 5th para. 2-3 line “…swimming suit, comprising coat main body 3 and integrated with the coat clothes of 4…”)
a front portion (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a rear portion (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a neckband (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a plurality of upper openings (Fig. 1) comprising: (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a neck opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a left upper opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
and a right upper opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a middle portion (Fig 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
a bottom portion (coat clothes 4) comprising (See at least: Fig. 1 and Examiner’s modified Fig. 1 below; Machine translation copy page 2, 2ed para. line 1-2 “…the clothes are arranged integrally with the jacket of the underpants…”; 5th para. lines 2-3 “…swimming suit, comprising coat main body 3 and integrated with the coat clothes of 4…”)
an elastic waistband (elastic belt); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below; Machine translation copy page 2, 2ed para. line 1-2 “…the clothes are arranged integrally with the jacket of the underpants is provided with a short skirt outside the underpants, skirt waist is provided with an elastic belt…” and 5th para. lines 5-8 “…if it is used as a male child of the swimsuit, the lower clothes is a small underpants, underpants is also set with elasticity and can fasten and elastic, if it is female child swimming, but also the outside of the underpants provided with a skirt, the waist part of the short skirt provided with an elastic belt…” where best understood by the Examiner the bottom portion for either a male or female child has and elastic belt for the waist of the child)
and a buoyant material (floating body 2); (See at least: Fig. 1; Machine translation copy page 2; 3rd para. lines 1-3 “…the floating body comprises more than one layer of superposed polyethylene foamed (usually called pearl cotton)…”)
the floating swimwear (buoyancy swimming suit) being fashioned from the buoyant material (floating body 2); (See at least: Fig. 1; where the floating body 2 is a part that makes the overall buoyancy swimming suit)
the top portion (coat main body 3) being covering a torso of a user; the top portion (coat main body 3) comprising a front portion (Fig. 1) wherein said front portion (Fig. 1) covers a portion of a front facing torso area of a user, a rear portion (Fig. 1) wherein said rear portion opposes the front portion Fig. 1), wherein said rear portion(Fig. 1) covers a portion of a back of a user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 below, where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” and page 2, 5th para. lines 5-8 “…comprises integrally set front chest and the back of the swimsuit body, on the jacket…” where the chest and back are part of the torso.).
the plurality of upper openings (Fig. 1) positioned on the top portion (Fig. 1) of the floating swimwear (buoyancy swimming suit), wherein the neck opening (Fig. 1) is located near the top center of the floating swimwear (buoyancy swimming suit) receiving a neck of the user, the left upper opening (Fig. 1) facing leftwardly through the floating swimwear (buoyancy swimming suit) receiving a left arm of a user, and the right upper opening (Fig. 1) positioned opposed to the left upper opening (Fig. 1), facing rightwardly through the floating swimwear (buoyancy swimming suit) receiving a right arm of the user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known the openings of a coat to dress the arms and neck of a child).
the neckband (Fig. 1) positioned circumferentially adjacent to the neck opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below)
the bottom portion () covering a portion of a left leg of a user and a portion of a right leg of a user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known the openings of bottom clothes such as shorts or skirt to dress the legs of a child).
the elastic waistband (elastic belt) being attached to an upper portion of the bottom portion (coat clothes 4) of the floating swimwear (buoyancy swimming suit) about a waist of a user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy page 2, 5th para. lines 5-8 “…if it is used as a male child of the swimsuit, the lower clothes is a small underpants, underpants is also set with elasticity and can fasten and elastic, if it is female child swimming, but also the outside of the underpants provided with a skirt, the waist part of the short skirt provided with an elastic belt…” where best understood by the Examiner the bottom portion for either a male or female child has and elastic belt for the waist of the child; where it is well known the openings of bottom clothes such as shorts or skirt to dress the waist of a child as the top upper part of the shorts or skirt would go to the waist of the child).
the top portion (coat main body 3) removably attaching to, and at least partially overlapping, the lower portion (coat clothes 4) at the location of the middle portion (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy page 2, 5th para. lines 8-11 “…lower end of the suit and the clothes are respectively set on the upper end can matched with the nail 5 with the buckle 6, buckle cloth is provided with three rows. so that not only can the jacket and clothes also can regulate the buckling nail and buckling-to adjust the garment length, is suitable for children of different age stages through use…” where based on fig. 1 the coat main body 3 overlap with coat clothes 4 and are removably attached using the nail 5 and buckle 6.).
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Examiner modified Fig. 1
Regarding claim 7, Xing discloses all the limitations of claim 6 as noted above. Additionally, Xing discloses wherein the bottom portion (coat clothes 4) of the comprises: (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
a front side (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
a rear side(Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
a plurality of bottom facing openings(Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
the front side (Fig. 1) covering a front facing portion of a portion of a lower body of a user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 above, where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known that bottom clothes such as shorts or skirts cover the front portion of the child’s lower body)
a rear side (Fig. 1)opposing the front side (Fig. 1), covering the a rear facing portion of the lower body of the user; (See at least: Fig. 1 and Examiner’s modified Fig. 1 above, where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known that bottom clothes such as shorts or skirts cover the rear portion of the child’s lower body)
the plurality of bottom facing openings (Fig. 1) facing near a lower portion (Fig. 1) of the bottom portion (coat clothes 4) of the floating swimwear (buoyancy swimming suit), opening downwardly, receiving a left and a right leg of the user. (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known the openings of bottom clothes such as shorts or skirt to dress the legs of a child).
Regarding claim 9, Xing discloses all the limitations of claim 6 as noted above. Additionally, Xing discloses wherein the middle portion (Fig 1) comprises a middle buckle assembly (nail 5, buckle 6); (See at least: Fig. 1 and Examiner’s modified Fig. 1 below where the fig. does not show the user; Machine translation copy page 2, 5th para. lines 8-11 “…lower end of the suit and the clothes are respectively set on the upper end can matched with the nail 5 with the buckle 6, buckle cloth is provided with three rows. so that not only can the jacket and clothes also can regulate the buckling nail and buckling-to adjust the garment length, is suitable for children of different age stages through use…” where based on fig. 1 the coat main body 3 overlap with coat clothes 4 and are removably attached using the nail 5 and buckle 6.).
Regarding claim 11, Xing discloses all the limitations of claim 7 as noted above. Additionally, Xing discloses wherein the plurality of bottom facing openings comprises:
a left bottom facing opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
and a right bottom facing opening (Fig. 1); (See at least: Fig. 1 and Examiner’s modified Fig. 1 above)
the left bottom facing opening (Fig. 1) receiving a left leg of a user; the right bottom facing opening (Fig. 1) receiving a right leg of a user. (See at least: Fig. 1 and Examiner’s modified Fig. 1 above, where the fig. does not show the user; Machine translation copy Abstract line 1 “This utility model claims a buoyancy swimming suit for children…” where it is well known that bottom clothes such as shorts or skirts have openings for the right and left leg of a child).
Claims 13-19 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Khanamirian (US 6235661 B1).
Regarding claim 13, Khanamirian discloses a floating swimwear (life jackets and similar articles) comprising a buoyant material (laminated material), wherein said floating swimwear (life jackets and similar articles) is composed of said buoyant material (laminated material). (See at least: fig. 2 and 10; col. 1 lines 8 -14 “…The present invention relates to a laminated buoyant foam material for use in life jackets and similar articles. In particular, the invention relates to a laminated buoyant foam material which may be used as an approved flotation material in U.S. Coast Guard approved life jackets (and/or life vests, Personal Flotation Devices, Buoyancy Aides)…” .
Regarding claim 14, Khanamirian discloses all the limitations of claim 13 as noted above. Additionally, Khanamirian discloses wherein said buoyant material (laminated material) comprises a plurality of hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes). (See at least: fig. 2 and 10, where fig. 10 shows a hexagonal shape; col. 4 lines 5 -9 “…It has been found that in the course of performing the thermal bonding of the stretchable material to the flotation foam to bond the two together, the laminated product can be embossed whereby "pockets" can be formed in arbitrary numbers and shapes…” and col. 6 line 13-14 “…the shape is determined in a molding (or embossing) process…”; Electronic Code of Federal Regulations Title 46, Chapter I, Subchapter Q, part 160, §160.060-Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child, for U.S. Coast Guard Specification (See excerpt from ECFR below)).
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Regarding claim 15, Khanamirian discloses all the limitations of claim 14 as noted above. Additionally, Khanamirian discloses wherein the hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise an outer spandex layer (fabric pieces 34, 36). (See at least: Fig. 2; col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 8 “…at least one first layer of fabric material is selected from the group consisting of… spandex omni-directional wrap knit…”).
Regarding claim 16, Khanamirian discloses all the limitations of claim 14 as noted above. Additionally, Khanamirian discloses wherein the hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise a middle layer comprising a low-density polyethylene (flotation foam 32). (See at least: Fig. 2; col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 10 “…at least one of said foam layers is a U.S. Coast Guard approved flotation foam.…”; Electronic Code of Federal Regulations Title 46, Chapter I, Subchapter Q, part 160, §160.060-Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child, for U.S. Coast Guard Specification).
Regarding claim 17, Khanamirian discloses all the limitations of claim 15 as noted above. Additionally, Khanamirian discloses wherein the hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise the outer spandex layer (fabric pieces 34, 36) and an inner spandex layer(fabric pieces 34, 36). (See at least: Figs. 2 and 10; col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 8 “…at least one first layer of fabric material is selected from the group consisting of… spandex omni-directional wrap knit…”).
Regarding claim 18, Khanamirian discloses all the limitations of claim 14 as noted above. Additionally, Khanamirian discloses wherein the hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise a stretchable spacing (seams between the pockets, extremely flexible hinges). (See at least: col. 4 lines 5-13 “…It has been found that in the course of performing the thermal bonding of the stretchable material to the flotation foam to bond the two together, the laminated product can be embossed whereby "pockets" can be formed in arbitrary numbers and shapes. While the pockets are not needed to hold individual pieces of flotation foam as they were in the PFD materials of the prior art, the seams between the pockets have been found to be capable of acting as extremely flexible hinges…”).
Regarding claim 19, Khanamirian discloses all the limitations of claim 15 as noted above. Additionally, Khanamirian discloses wherein the hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise an outer spandex layer (fabric pieces 34, 36), an inner spandex layer (fabric pieces 34, 36), a middle layer comprising low density polyethylene (flotation foam 32), and a stretchable spacing (seams between the pockets, extremely flexible hinges). (See at least: Figs. 2 and 10 where fig. 2 best shows the inner, middle and outer layers; col. 4 lines 5-13 “…It has been found that in the course of performing the thermal bonding of the stretchable material to the flotation foam to bond the two together, the laminated product can be embossed whereby "pockets" can be formed in arbitrary numbers and shapes. While the pockets are not needed to hold individual pieces of flotation foam as they were in the PFD materials of the prior art, the seams between the pockets have been found to be capable of acting as extremely flexible hinges…” and col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 10 “…at least one of said foam layers is a U.S. Coast Guard approved flotation foam.…”; Electronic Code of Federal Regulations Title 46, Chapter I, Subchapter Q, part 160, §160.060-Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child, for U.S. Coast Guard Specification).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Meredith (US 5459874 A) in view of Gilmer (US 20060094316 A1) and farther in view of Carlile et al. (US 3377668 A).
Regarding claim 2, Meredith discloses all the limitations of claim 1 as noted above.
However, Meredith does not disclose wherein the neckband (elastic material 38a) and the front portion (front panel 14) comprise an at least one zipper assembly.
Gilmer teaches the floating swimwear (floatation swimsuit)… (See at least: figs. 4-11B; Abstract lines 1-2 “A flotation swimsuit is provided for providing strategically distributed buoyancy to a wearer…”)
wherein the neckband (Fig. 10A, front “V” area) and the front portion (Fig. 10A front) comprise an at least one zipper assembly (full length closure mechanism 142) (See at least: fig. 10A; col. 8 lines 25-28 “… As shown in FIG. 10A, chest opening 140 may be fastened using a full length closure mechanism 142 such as a zipper or hook and loop fastener 144. )
comprising a first zipper assembly wherein said first zipper assembly comprises: a first top stop; a first tape; a first pull tab; a first set of teeth; a first box; and a first pin;
the at least one zipper assembly (full length closure mechanism 142) extending from the neckband (Fig. 10A, front “V” area) downwardly unto the front portion (Fig. 10A front); (See at least: fig. 10A)
the first tape attached between the first set of teeth and the front portion on both sides of the first set of teeth, (full length closure mechanism 142) positioned vertically (Fig. 10A.) on the front portion (Fig. 10A front) of the floating swimwear (floatation swimsuit); (See at least: fig. 10A)
the first top stop (full length closure mechanism 142) is attached to the neckband (Fig. 10A, front “V” area) and engaging with a top end of the first set of teeth; the first box and the first pin attached to an opposing end of the first set of teeth from the first top stop, wherein the first pin engages with the first box; and the first pull tab engaging the first set of teeth, wherein the first pull tab is able to move laterally along the first set of teeth. (See at least: fig. 10A)
However, Gilmer does not teach the zipper assembly (full length closure mechanism 142) comprises: a first top stop; a first tape; a first pull tab; a first set of teeth; a first box; and a first pin… (The Examiner notes it is well known in the art what a zipper is at the time of filing of Gilmer as demonstrated by Carlile et al. who teaches end stops 33 (first top stop); stringer tapes 20 and 22 (first tape); slider 32 (first pull tab); beaded edges 26 and 28 (first set of teeth); retainer 34 (first box); and pin member 40 (first pin) along with how they all interact together (See at least: Carlile et al. Figs. 1-4)).
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 flotation suit of Meredith with a front full length closure mechanism 142, in the form of a zipper, and redistributing the buoyancy region to accommodate the zipper of Gilmer 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 to allow easier donning and removal of a flotation swimsuit. (See at least: Gilmer Col. 8 lines 21-25 “…In yet another embodiment, it is preferable to provide a fastenable torso opening 140 to allow easier donning and removal of a flotation swimsuit E. FIGS. 10A and 10B illustrate front perspective views of flotation swimsuits having a fastenable chest openings 140…”).
Regarding claim 5, Meredith discloses all the limitations of claim 1 as noted above.
However, Meredith does not disclose wherein the neckband (elastic material 38a) and the rear portion (back panel 16) comprise a rear zipper assembly:
Gilmer teaches the floating swimwear (floatation swimsuit)… (See at least: figs. 4-11B; Abstract lines 1-2 “A flotation swimsuit is provided for providing strategically distributed buoyancy to a wearer…”)
wherein the neckband (buoyant collar 154) and the rear portion (fig. 11B rear view) comprise a rear zipper assembly (full length closure mechanism 152): (See at least: fig. 11B; col. 8 lines 32-33 “… FIGS. 11A and 11B illustrate a front and rear views, respectively, of a flotation swimsuit F...”and col. 8 line 46-47 “…a full length closure mechanism 152 such as a zipper or hook and loop fastener…” {The Examiner notes that the last citation sentence starts with “As in the embodiments of FIGS. 10A and 10B, the fastenable closure mechanism 150 may include a full length closure mechanism 152…” has errors and is corrected to read as “As in the embodiments of FIGS. 11A and 11B, the fastenable back opening 150 may include a full length closure mechanism 152…” to match the para. and figures})
a rear top stop; a rear tape; a rear pull tab; a rear set of teeth; a rear box; and a rear pin;
the rear zipper assembly (full length closure mechanism 152) extending from the neckband (buoyant collar 154) downwardly unto the rear portion (fig. 11B rear view); (See at least: fig. 11B)
the rear tape attached between the rear set of teeth and the rear portion on both sides of the first set of teeth, (full length closure mechanism 152) positioned vertically (fig. 11B) on the rear portion (fig. 11B rear view) of the floating swimwear (floatation swimsuit); (See at least: fig. 11B)
the rear top stop (full length closure mechanism 152) is attached to the neckband (buoyant collar 154) and engaging with a top end of the rear set of teeth; the rear box and the rear pin attached to an opposing end of the rear set of teeth from the rear top stop, wherein the rear pin engages with the rear box; and the rear pull tab engaging the rear set of teeth, wherein the rear pull tab is able to move laterally along the rear set of teeth. (See at least: fig. 11B)
However, Gilmer does not teach the zipper assembly (full length closure mechanism 142) [comprises] a rear top stop; a rear tape; a rear pull tab; a rear set of teeth; a rear box; and a rear pin… (The Examiner notes it is well known in the art what a zipper is at the time of filing of Gilmer as demonstrated by Carlile et al. who teaches end stops 33 (rear top stop); stringer tapes 20 and 22 (rear tape); slider 32 (rear pull tab); beaded edges 26 and 28 (rear set of teeth); retainer 34 (rear box); and pin member 40 (rear pin) along with how they all interact together (See at least: Carlile et al. Figs. 1-4)).
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 flotation suit of Meredith with a rear full length closure mechanism 152, in the form of a zipper, and redistributing the buoyancy region to accommodate the zipper of Gilmer 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 to help prevent removal by toddlers and small children, increasing safety of the invetion. (See at least: Gilmer Col. 8 lines 37-44 “…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 3-4 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Meredith (US 5459874 A) in view of Khanamirian (US 6235661 B1).
Regarding claim 3, Meredith discloses all the limitations of claim 1 as noted above.
However, Meredith does not disclose wherein the buoyant material (flotation pads 18a through 18f, 20a and 20b) comprises a plurality of hexagonal low-density polyethylene sheets.
Khanamirian in a similar field of endeavor, teaches wherein the buoyant material (laminated material) comprises a plurality of hexagonal low-density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes). (See at least: fig. 2 and 10, where fig. 10 shows a hexagonal shape; col. 4 lines 5 -9 “…It has been found that in the course of performing the thermal bonding of the stretchable material to the flotation foam to bond the two together, the laminated product can be embossed whereby "pockets" can be formed in arbitrary numbers and shapes…” and col. 6 line 13-14 “…the shape is determined in a molding (or embossing) process…”; Electronic Code of Federal Regulations Title 46, Chapter I, Subchapter Q, part 160, §160.060-Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child, for U.S. Coast Guard Specification).
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 flotation suit with flotation pads of Meredith with the laminated material of Khanamirian 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 to simplify the design to save costs during manufacturing (See at least: Khanamirian col. 2 lines 66-67 and col. 3 lines 1-5 “…Of course, using current manufacturing techniques and materials, this means that there must be additional pieces of foam, and/or pieces of additional thickness, as well as additional sewn seams, all adding to the complexity of the design, the number of seams required, and the labor and material costs associated with manufacturing the PFD…” where the advantage of the lamented material is compared to the previous designs and manufacturing requirements). Further motivation is the benefit of the embossed design creates extremely flexible hinges which when used in a final product creates enhance comfort, flexibility, mobility, appearance, and/or provide additional body protection from impact. (See at least: Khanamirian col. 3 lines 42-46 “…which could be molded to various body conforming shapes which enhance comfort, flexibility, mobility, appearance, and/or provide additional body protection from impact….” And col. 4 lines 12-13 “…the seams between the pockets have been found to be capable of acting as extremely flexible hinges…”).
Regarding claim 4, Meredith in view of Khanamirian teaches all the limitations of claim 3 as noted above.
Additionally, Khanamirian teaches wherein the plurality of hexagonal low density polyethylene sheets (U.S. Coast Guard approved flotation foam in arbitrary numbers and shapes) comprise: (See at least: fig. 2 and 10, where fig. 10 shows a hexagonal shape)
an outer spandex layer (fabric pieces 34, 36); (See at least: Fig. 2; col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 8 “…at least one first layer of fabric material is selected from the group consisting of… spandex omni-directional wrap knit…”)
a middle low density polyethylene layer (flotation foam 32); (See at least: Fig. 2; col. 5 lines 56-58 “….As illustrated, in the construction of the present invention a piece of flotation foam 32 is surrounded by pieces of fabric 34, 36…”; claim 10 “…at least one of said foam layers is a U.S. Coast Guard approved flotation foam.…”; Electronic Code of Federal Regulations Title 46, Chapter I, Subchapter Q, part 160, §160.060-Specification for a Buoyant Vest, Unicellular Polyethylene Foam, Adult and Child, for U.S. Coast Guard Specification).
an inner spandex layer (fabric pieces 34, 36); (See at least: Fig. 2; claim 8)
and a stretchable spacing (seams between the pockets, extremely flexible hinges); (See at least: col. 4 lines 5-13 “…It has been found that in the course of performing the thermal bonding of the stretchable material to the flotation foam to bond the two together, the laminated product can be embossed whereby "pockets" can be formed in arbitrary numbers and shapes. While the pockets are not needed to hold individual pieces of flotation foam as they were in the PFD materials of the prior art, the seams between the pockets have been found to be capable of acting as extremely flexible hinges…”)
the outer spandex layer (fabric pieces 34, 36) attached atop the middle low-density polyethylene layer (flotation foam 32); (See at least: Fig. 2)
the middle low-density polyethylene layer (flotation foam 32) attached atop the inner spandex layer (fabric pieces 34, 36); (See at least: Fig. 2)
and the stretchable spacing (seams between the pockets, extremely flexible hinges) forming a perimeter around the hexagonal low density polyethylene sheets (U.S.