DETAILED ACTION
Applicant's Submission of a Response
Applicant’s submission of a response on 12/18/2025 has been received and fully considered. In the response, claims 1, 4, 7-15, 17, 18, and 20 have been amended. Therefore, claims 1-20 are pending.
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.
Claims 1-11, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2022/0378121 to Raciti in view of U.S. Patent Application Publication No. 2001/0054193 to Stembridge and U.S. Patent No. 9,775,396 to Olivares Velasco.
As an initial matter, Raciti (Fig. 1 shown below to the left) and Stembridge (Fig. 1 shown below to the right) disclose garments with indicia at numerous different body locations (e.g., wrist, forearm, chest, knees, ankles, shoulders, armpits, inside elbow, abdomen, crotch, hip, inner thigh, upper arm, rib cage, outer calf, etc.). It is the Examiner’s position that placing indicia at any recognizable body location is obvious without additional features. The concept of marking a garment for athletic training is clearly well-known in the art. With regard to newly claimed locations, including rear of the head, it would have bene obvious to place indicia marking the rear of the head just like all of the other indicia marking body positions by Raciti and Stembridge.
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With regard to claim 1, Raciti teaches garment for athletic training comprising: a fabric (e.g., see Fig. 1 a garment made of fabric; see also paragraph 24 that discusses a variety of materials forming a garment 10, including knitted, woven textile material which are equivalent to a fabric); and a plurality of reference indicia capable of being positioned across an outer surface of the fabric (e.g., see Fig. 1, visual indicia 30 on an outer surface; see also paragraph 26 for discussion of a plurality of visual indicia) ; wherein one or more of the plurality of reference indicia are capable of indicating to an athlete a location for the athlete to interact with to manipulate movement of an opponent (e.g., see at least paragraph 34 that discusses targeting specific visual indicia; see also Fig. 4 that shows an athlete a location to target); wherein the fabric defines a shirt portion and a pant portion of the garment, (e.g., see Fig. 1);
[claim 2] wherein: a first group of the plurality of reference indicia is defined by a first color (e.g., see at least paragraph 28 that discusses that first and second indicia 311A and 311B may have different color, including a blue circle 311A and a red circle 311B); and a second group of the plurality of reference indicia separate from the first group is defined by a second color substantially different from the first color e.g., see at least paragraph 28 that discusses that first and second indicia 311A and 311B may have different color, including a blue circle 311A and a red circle 311B).
[claim 3] wherein the fabric is a woven fabric (e.g., see paragraph 24, “garment 10 may be formed from…woven…textile materials”)
[claim 4] wherein the woven fabric comprises at least one selected from the group of cotton, polyester and spandex (e.g., see at least paragraph 24 that discloses that “garment 10 may be formed from…textile materials that include...polyester…cotton”);
[claim 5] wherein: the first group is substantially positioned on a left side of the garment (e.g., see at least paragraphs 26-28 that discusses that different regions of the garment can include different color visual indicia, including 311A on the right being blue and 311B on the left being red); and the second group is substantially positioned on a right side of the garment (e.g., see at least paragraphs 26-28 that discusses that different regions of the garment can include different color visual indicia, including 311A on the right being blue and 311B on the left being red);
[claim 6] further comprising: a third group of reference indicia defined by a third color (e.g., see at least paragraphs 26-28, that discloses the use of colors other than blue and red, being green, orange, yellow, purple, white, brown, grey, and pink) substantially different from the first and second colors (e.g., see paragraphs 26-28, wherein the first color is blue on 311A and the second color is red on 311B);
[claim 7] indicia defined by color (e.g. see paragraph 29, that discusses that different indicia can have the same color, 311A and 351A are the same color);
[claim 8] wherein the third group of reference indicia comprises upper shoulder indicia (e.g., see at least Fig. 1, right and left collar regions having right and left indicial 311A and 311B, which are equivalent to upper shoulder indicia) and shirts can be tucked in to show a hip indicia (e.g., it is well known to tuck in shirts and the shirt in Raciti can clearly be tucked in).
Raciti discloses all of the recited features but is silent or otherwise not precise in disclosing specific indicia body locations including: inner thigh (claim 1) armpit (claim 7), upper shoulder (claim 8), arm/shoulder/torso/armpit/chest/back (claim 9), abdomen (claim 10, and hip/thigh/glute/lower leg (claim 14). Raciti figures shows forearm arm (Fig. 1, 352), chest (Fig. 1, 311), back (Fig. 2, 313), thigh (Fig. 1, 372), knee (Fig. 1, 372), ankle (Fig. 1, 371) and lower leg (Fig. 1, 371) indicia and it is debatable if Raciti’s collar indicia (Fig. 1, 311) also equate to an upper shoulder location (e.g., see at least Figs. 1 and 2). Regardless of Raciti’s exact positioning, the Examiner has taken the position that all known body locations are obvious locations for training indicia without additional details.
In the same field of endeavor, Stembridge discloses numerous indicia body locations including armpit (see Fig. 1, indicia 46), upper shoulder (see Fig. 1, 24), torso/abdomen (see Fig. 1, 32), and hip/glute (see Fig. 1, 38), upper arm (see Fig. 1, forearm (see Fig. 1, 28) and inner thigh (Fig. 1, 36).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Raciti with additional body indicia locations as taught by Stembridge in order to provide additional training instructions to increase the number of athletic movement interactions to practice additional maneuvers/grabs/strikes.
With regard to claims 1 and 11, Raciti is silent regarding the garment being a hood sweatshirt capable of being worn by an athlete for wrestling training. As an initial note, “capable of being worn by an athlete for wrestling training” is functional language. Nearly any garment is capable of performing that act. It is also well-known that athletes may wear hooded sweatshirts to stay warm and wrestlers may specifically where hood sweatshirts to help shed weight, extra skin protection, and increase mental/physical toughness by making training more demanding.
Reasonably pertinent to the problem faced, Olivares Velasco discloses the use of hood sweatshirts as athletic wear in Fig. 35. It is noted that Raciti discloses attaching indicia at various points on the garment and if the garment includes a hood, then placing indicia on the hood would be obvious. In the paragraph bridging columns 10-11, Olivares Velasco disclose the use of spandex.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Raciti with a hooded sweatshirt garment as taught by Olivares Velasco in order to provide the athletes to stay warm and improve their warmup process. Regarding claim 4, spandex increase warmth while reducing drag from bagging clothes.
With regard to claims 18 and 19, Raciti discloses a method for assembling a garment for athletic training as analyzed above in details for claims 1 and 2, which are similar in claim scope.
Claim 12 and 20 is rejected under 35 U.S.C. 103 as being unpatentable over Raciti in view of Stembridge and Olivares Velasco and further in view of U.S. Patent Application Publication No. 2024/0131410 to Driver.
With regard to claim 12, Raciti is silent regarding the garment being a jersey
capable of being worn by an athlete for football training. As an initial note, “capable of being worn by an athlete for football training” is functional language. Nearly any garment is capable of performing that act. It is also well-known that athletes may wear jerseys in order to create team cohesion and help identify athletes with team numbers and name plates.
With regard to claim 20, Raciti discloses a garment for athletic training as analyzed above in detail above for claims 1, 2, 5, and 6 and further including left side colored indicia (e.g., see paragraph 28, 351B being yellow at a left wrist), a right side colored indica (e.g., see paragraph 28, 351A being green at a right wrist) and a central portion colored (e.g., see paragraph 28, collars being either red or blue, wherein the collar indicia are more central than the wrist indicia when the arms are outstretched as shown in Fig. 1).
Reasonably pertinent to the problem faced, Driver discloses the use of football jerseys with removable indicia in Fig. 8.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Raciti with a football jersey garment as taught by Driver in order to provide garments that are most appropriate for the sport the athlete is playing.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Raciti in view of Stembridge, and Olivares Velasco and further view of U.S. Patent Application Publication No. 2015/0064674 to Turnbull.
With regard to claim 16, Raciti is silent regarding the garment including removable indicia that can be reattached.
Reasonably pertinent to the problem faced, Turnbull discloses the use of indicia that can be removed and reattached (e.g., see paragraphs 84 and 96 that teaches that markers are removable and can be reattached with a hook and loop fastener).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to modify Raciti with a removable indicia as taught by Turnbull in order to provide garments that are customizable for optimal training.
Allowable Subject Matter
Claims 13-15 and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
On page 8, fourth paragraph, Applicant argues that Raciti fails to disclose head indicum. As noted above, the Examiner’s position is that placing indicia at any recognizable body location is obvious without additional features. The concept of marking a garment for athletic training is clearly well-known in the art. With regard to newly claimed locations, including rear of the head, it would have bene obvious to place indicia marking the rear of the head just like all of the other indicia marking body positions by Raciti and Stembridge. In combination with Raciti and Stembridge, Olivares Velasco teaches a garment that includes a hood covering a rear of a head and it would be obvious to place indicia on the hood to identify the head.
Additionally, on page 8, Applicant argues that Raciti fails to disclose tucking in a shirt. It is well-known to tuck in shirts, including in athletic training. Raciti’s shirt is capable of being tucked.
On page 9, Applicant’s arguments regarding lighting (specifically those introduced in claims 13 and 14) would be allowed if rewritten in independent form.
Additionally, on pages 9-10, Applicant argues the location of indicia on specific body parts, including the glute. As noted above, the Examiner’s position is that placing indicia at any recognizable body location is obvious without additional features.
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 JAMES S MCCLELLAN whose telephone number is (571)272-7167. The examiner can normally be reached Monday-Friday (8:30AM-5:00PM).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kang Hu can be reached at 571-270-1344. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/James S. McClellan/Primary Examiner, Art Unit 3715