Detailed Action
This is the Final Rejection based on application 18/232,787 filed on 08/10/2023, and which claims as amended on 01/28/2026 have been considered in the ensuing 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 .
Priority
The instant application claims priority to provisional application 63/397,213 and as such the earliest priority date of 08/11/2022 has been granted to the instant application.
Response to Amendment
The amendments have been sufficient to overcome the rejections under 35 USC 112(b) present in the Non-Final Action.
Claim Objections
Claim 35 is objected to because of the following informalities:
On line 4, “one each of said arm weights” should be –one arm weight each of said arm weights--.
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.
Claim 32 is 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 32 recites the limitation "one each of said individual calf weights" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim as calf weights have not yet been claimed.
Claim Rejections - 35 USC § 102
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 –
Claim(s) 20-22, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brockway Jr. et al. US 20180111016 A1.
Regarding claim 20:
Brown discloses a compression garment (integrated fabric system 10) comprising: a shirt (weighted tank top shirt 1000), said shirt formed of a compression textile fabric (“For example, the material may be a natural or synthetic material, such as cotton, nylon, polyester, polyurethane, elastic polyester-polyurethane copolymers (e.g., “spandex”), or combinations and blends thereof.” See paragraph [0043]. The examiner notes that spandex, nylon, etc are compression fabrics); said shirt configured to be worn by a user in an as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith (The examiner notes that this limitation is merely claiming a user wearing the shirt); ); a first shoulder weight positioned on a first shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); a second shoulder weight positioned on a second shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position (See figure 10A, where as depicted the weights in the shoulder areas would be atop the shoulders of a user wearing the shirt).
Regarding claim 21:
Brown discloses the compression garment of claim 20 additionally comprising: a first shoulder pocket (weight area 1002) positioned on said first shoulder area of said shirt (See figure 10A); a second shoulder pocket (weight area 1004) positioned on said second shoulder area of said shirt (See figure 10A); said first shoulder weight removably positioned within said first shoulder pocket (“Alternatively, the pocket may be an external pocket having a pocket opening on the outside of the garment. The opening may allow for a removable weight. For example, the opening may include a flap of garment material that visibly covers the opening, but may be moved to access the opening and add or remove a weight.” See paragraph [0054]); and said second shoulder weight removably positioned within said second shoulder pocket (See citation of paragraph [0054] above).
Regarding claim 22:
Brown discloses the compression garment of claim 20 additionally comprising: a first shoulder mount (weight area 1002) positioned on said first shoulder area of said shirt (See figure 10A); a second shoulder mount(weight area 1004) positioned on said second shoulder area of said shirt (See figure 10A); said first shoulder weight removably engaged upon said first shoulder mount (“Alternatively, the pocket may be an external pocket having a pocket opening on the outside of the garment. The opening may allow for a removable weight. For example, the opening may include a flap of garment material that visibly covers the opening, but may be moved to access the opening and add or remove a weight.” See paragraph [0054]); and said second shoulder weight removably engaged upon said second shoulder mount (See citation of paragraph [0054] above).
Regarding claim 24:
Brown discloses the compression garment of claim 22 additionally comprising: said first shoulder weight and said second shoulder weight chooseable from a kit including a plurality of shoulder weights, wherein each of said plurality of shoulder weights has a different weight (“The amount of added weight by the individual weights in the garment is variable. In certain examples, each individual weight is in a range of 0.01-10 kg, 0.01-0.1 kg, 0.1-5 kg, or 0.1-1 kg. In some examples, the weight area having a plurality of individual weights is in a range of 0.01-10 kg, 0.1-5 kg, or 0.1-1 kg. In certain examples, each weight is approximately 0.06 kg, 0.17 kg, or 0.23 kg.” See paragraph [0083]. The examiner notes that since each weight added can be from a set range of weights provided the weights are being considered as part of a kit, and since each weight can be any weight in the ranges discussed they each can have a different weight).
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.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker US 20190351278 A1 in further view of Herron US 20170304670 A1.
Regarding claim 17:
Walker teaches a compression garment (“Compression and moisture wicking leggings include attached resistance bands on a single leg.” See abstract) comprising: pants (leggings 12) having two leg portions extending from a torso portion (See figure 1); said pants formed of a compression textile fabric (“In one embodiment, the moisture wicking leggings are made from moisture wicking and compression fabrics such as polyester, spandex, nylon, or other suitable materials.” See paragraph [0036]); said pants configured to be worn by a user in an as-used position covering the legs and lower torso of a body of the user when in compressed contact therewith (The examiner notes that this limitations is merely claiming that the pants can be worn by a user which is inherent); said pants having thigh weights (weights 20) thereon (See figure 6), whereby one of each of said thigh weights is positioned adjacent a respective front of a thigh of a leg of said user with said pants in said as-used position (“a weight 20 is optionally inserted into the pocket 18. The wearer can insert the weights 20 in one pocket 18, all the pockets 18, or in none of the pockets 18.” See paragraph [0042]. The examiner notes that as depicted in all the figures the pockets are placed adjacently to the front thigh portion of the user’s leg, as the definition of adjacent is “not distant or nearby” as defined by Merriam-Webster dictionary).
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Walker fails to teach one each of said thigh weights respectively positioned upon a respective front of a thigh area of said two leg portions.
Herron, however, teaches an exercise suit with integrated weights includes a shirt portion and a pants portion that are constructed from a lightweight elastomeric material (See abstract), and further teaches thigh weights respectively positioned upon a respective front of a thigh area of said two leg portions (“Likewise, the pants member 11b of the suit 10 can include front thigh weights 20h, rear thigh weights 20i, front calf weights 20j, rear calf weights 20k and ankle weights 20l.” See paragraph [0024]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the location of the thigh weights of Walker to the front of the legs as taught by Herron, as this is no more than a rearrangement of parts, which as discussed in MPEP chapter 2144.04, section Vi., subsection C, changing the arrangement of structures present does not create a patentably distinct invention.
Regarding claim 18:
Walker as modified by Herron teaches the compression garment of claim 17 additionally comprising: a first thigh pocket positioned upon a front of said thigh area of a first of said two leg portions (See figure 1 which depicts a weight pocket on each leg); a second thigh pocket positioned upon a front of said thigh area of said second of said two leg portions (See figure 1 which depicts a weight pocket on each leg); a first of said thigh weights removably positioned within said first thigh pocket (See figure 6 which depicts a weight inserted into each leg pocket); and a second of said thigh weights removably positioned within said second thigh pocket (See figure 6 which depicts a weight inserted into each leg pocket).
Claim(s) 19,and 26-40 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walker US 20190351278 A1, in view of Herron US 20170304670 A1, and in further view of Brown US 20170157447 A1.
Walker as modified teaches the invention substantially claimed above.
Regarding claim 19:
Walker as modified teaches the compression garment of claim 18, but fails to teach additionally comprising: said first thigh weight and said second of said thigh weights being chooseable from a kit including a plurality of thigh weights, wherein each of said plurality of thigh weights has a different weight.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches said first thigh weight and said second of said thigh weights being chooseable from a kit including a plurality of thigh weights, wherein each of said plurality of thigh weights has a different weight (“The amount of added weight by the individual weights in the garment is variable. In certain examples, each individual weight is in a range of 0.01-10 kg, 0.01-0.1 kg, 0.1-5 kg, or 0.1-1 kg. In some examples, the weight area having a plurality of individual weights is in a range of 0.01-10 kg, 0.1-5 kg, or 0.1-1 kg. In certain examples, each weight is approximately 0.06 kg, 0.17 kg, or 0.23 kg.” See paragraph [0083]. The examiner notes that since each weight added can be from a set range of weights provided the weights are being considered as part of a kit, and since each weight can be any weight in the ranges discussed they each can have a different weight).
In addition, Brown, teaches a shirt (weighted tank top shirt 1000), said shirt formed of a compression textile fabric (“For example, the material may be a natural or synthetic material, such as cotton, nylon, polyester, polyurethane, elastic polyester-polyurethane copolymers (e.g., “spandex”), or combinations and blends thereof.” See paragraph [0043]. The examiner notes that spandex, nylon, etc are compression fabrics); said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith (The examiner notes that this limitation is merely claiming the user wearing a shirt); a first shoulder weight positioned on a first shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); a second shoulder weight positioned on a second shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position (See figure 10A, where as depicted the weights in the shoulder areas would be atop the shoulders of a user wearing the shirt), a first shoulder pocket (weight area 1002) positioned on said first shoulder area of said shirt (See figure 10A); a second shoulder pocket (weight area 1004) positioned on said second shoulder area of said shirt (See figure 10A); said first shoulder weight removably positioned within said first shoulder pocket (“Alternatively, the pocket may be an external pocket having a pocket opening on the outside of the garment. The opening may allow for a removable weight. For example, the opening may include a flap of garment material that visibly covers the opening, but may be moved to access the opening and add or remove a weight.” See paragraph [0054]); and said second shoulder weight removably positioned within said second shoulder pocket (See citation of paragraph [0054] above).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the weights of Walker to be part of a kit and to each have different weights, as well as to have a compression shirt with weighted shoulder pockets as taught by Brown, as this would allow the user to tailor the weight of the pants to their needs or abilities, and to increase/decrease the weight as they progress through their desired fitness goals, in a full exercise suit that allows the entire body to work against the resistance provided by the weights.
Regarding claim 26:
Wallker as modified teaches the compression garment of claim 17, but fails to teach additionally comprising: a shirt, said shirt formed of a compression textile fabric; said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith; a first shoulder weight positioned on a first shoulder area of said shirt; a second shoulder weight positioned on a second shoulder area of said shirt; and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches a shirt (weighted tank top shirt 1000), said shirt formed of a compression textile fabric (“For example, the material may be a natural or synthetic material, such as cotton, nylon, polyester, polyurethane, elastic polyester-polyurethane copolymers (e.g., “spandex”), or combinations and blends thereof.” See paragraph [0043]. The examiner notes that spandex, nylon, etc are compression fabrics); said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith (The examiner notes that this limitation is merely claiming the user wearing a shirt); a first shoulder weight positioned on a first shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); a second shoulder weight positioned on a second shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position (See figure 10A, where as depicted the weights in the shoulder areas would be atop the shoulders of a user wearing the shirt). In addition, Brown teaches a first shoulder pocket (weight area 1002) positioned on said first shoulder area of said shirt (See figure 10A); a second shoulder pocket (weight area 1004) positioned on said second shoulder area of said shirt (See figure 10A); said first shoulder weight removably positioned within said first shoulder pocket (“Alternatively, the pocket may be an external pocket having a pocket opening on the outside of the garment. The opening may allow for a removable weight. For example, the opening may include a flap of garment material that visibly covers the opening, but may be moved to access the opening and add or remove a weight.” See paragraph [0054]); and said second shoulder weight removably positioned within said second shoulder pocket (See citation of paragraph [0054] above).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the garment of Walker to include a compression shirt with similar functions to the pants as taught by Brown, as this would allow the user to wear a weighted exercise suit and have resistance to act against over their entire body during exercise or casual wear.
Regarding claim 27:
Walker as modified teaches the compression garment of claim 18, but fails to teach additionally comprising: a shirt, said shirt formed of a compression textile fabric; said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith; a first shoulder weight positioned on a first shoulder area of said shirt; a second shoulder weight positioned on a second shoulder area of said shirt; and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches a shirt (weighted tank top shirt 1000), said shirt formed of a compression textile fabric (“For example, the material may be a natural or synthetic material, such as cotton, nylon, polyester, polyurethane, elastic polyester-polyurethane copolymers (e.g., “spandex”), or combinations and blends thereof.” See paragraph [0043]. The examiner notes that spandex, nylon, etc are compression fabrics); said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith (The examiner notes that this limitation is merely claiming the user wearing a shirt); a first shoulder weight positioned on a first shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); a second shoulder weight positioned on a second shoulder area of said shirt (“First and second weight areas 1002, 1004, each having at least one weight, are positioned within the respective shoulder strap regions of the tank top shirt 1000.” See paragraph [0104]); and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position (See figure 10A, where as depicted the weights in the shoulder areas would be atop the shoulders of a user wearing the shirt). In addition, Brown teaches a first shoulder pocket (weight area 1002) positioned on said first shoulder area of said shirt (See figure 10A); a second shoulder pocket (weight area 1004) positioned on said second shoulder area of said shirt (See figure 10A); said first shoulder weight removably positioned within said first shoulder pocket (“Alternatively, the pocket may be an external pocket having a pocket opening on the outside of the garment. The opening may allow for a removable weight. For example, the opening may include a flap of garment material that visibly covers the opening, but may be moved to access the opening and add or remove a weight.” See paragraph [0054]); and said second shoulder weight removably positioned within said second shoulder pocket (See citation of paragraph [0054] above).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the garment of Walker to include a compression shirt with similar functions to the pants as taught by Brown, as this would allow the user to wear a weighted exercise suit and have resistance to act against over their entire body during exercise or casual wear.
Regarding claim 28:
Walker as modified teaches the compression garment of claim 19, additionally comprising: a shirt, said shirt formed of a compression textile fabric (See rejection of claim 19); said shirt configured to be worn by a user in said as-used position covering an upper torso and arms of a body of said user when in compressed contact therewith (See rejection of claim 19); a first shoulder weight positioned on a first shoulder area of said shirt (See rejection of claim 19); a second shoulder weight positioned on a second shoulder area of said shirt (See rejection of claim 19); and wherein one each of said first and second shoulder weights is positioned atop a respective shoulder area of said body of said user with said shirt in said as-used position (See rejection of claim 19).
Regarding claim 29:
Walker as modified by Brown teaches the compression garment of claim 26, additionally comprising: a first shoulder pocket positioned on said first shoulder area of said shirt (See rejection of claim 26); a second shoulder pocket positioned on said second shoulder area of said shirt(See rejection of claim 26); said first shoulder weight removably positioned within said first shoulder pocket(See rejection of claim 26); and said second shoulder weight removably positioned within said second shoulder pocket(See rejection of claim 26).
Regarding claim 30:
Walker as modified by Brown teaches the compression garment of claim 27, additionally comprising: a first shoulder pocket positioned on said first shoulder area of said shirt (See rejection of claim 27); a second shoulder pocket positioned on said second shoulder area of said shirt (See rejection of claim 27); said first shoulder weight removably positioned within said first shoulder pocket (See rejection of claim 27); and said second shoulder weight removably positioned within said second shoulder pocket (See rejection of claim 27).
Regarding claim 31:
The compression garment of claim 28, additionally comprising: a first shoulder pocket positioned on said first shoulder area of said shirt (See rejection of claim 19); a second shoulder pocket positioned on said second shoulder area of said shirt (See rejection of claim 19); said first shoulder weight removably positioned within said first shoulder pocket (See rejection of claim 19); and said second shoulder weight removably positioned within said second shoulder pocket (See rejection of claim 19).
Regarding claim 32:
Walker as modified discloses the compression garment of claim 17, additionally comprising: said pants having individual weights thereon (See rejection of claim 17, where each weight added to the pockets are individual weights), one each of said individual calf weights (See figure 6 which depicts weights in the pockets near the calves of the pants) respectively positioned upon a respective calf area of one of said two leg portions (The examiner notes that due to the unclear nature of the claim language, see 35 USc 112(b) rejection above, that the weights depicted in Walker, which as discussed above have specific weights that can be placed in pockets near the calves, are being considered under the broadest reasonable interpretation with no further structural or functional limitations as the individual calf weights); and wherein one each of said calf weights is positioned adjacent a respective calf of a leg of said user with said pants in said as-used position (See figure 6).
Regarding claim 33:
Walker as modified discloses the compression garment of claim 26, additionally comprising: said pants having individual calf weights thereon (See figure 6 which depicts weights in the pockets near the calves of the pants), one each of said calf weights respectively positioned upon a respective calf area of one of said two leg portions (See figure 6); and wherein one each of said calf weights is positioned adjacent a respective calf of a leg of said user with said pants in said as-used position (See figure 6).
Regarding claim 35:
Walker as modified teaches the compression garment of claim 26 But fails to teach, additionally comprising: arm weights positioned upon sleeves of said shirt, said arm weights located upon said sleeves for positioning one each of said arm weights adjacent a forearm of said user with said shirt in said as-used position.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches arm weights positioned upon sleeves of said shirt (weight areas 1102 and 1104), said arm weights located upon said sleeves for positioning one each of said arm weights adjacent a forearm of said user with said shirt in said as-used position (See figure 11A).
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It would have been obvious to a person of ordinary skill in the art to modify the shirt of Brown to include arm weights position upon the sleeves adjacent the forearms of the user, in addition to the shoulder weights present in the other embodiment, as this would provide more areas for the user to add resistance to the system, increasing the training progress they would gain from wearing the weighted garment as now the weights are more distributed during movement.
Regarding claim 36:
Walker as modified discloses the compression garment of claim 17, additionally comprising: said pants having calf weights thereon (See figure 6 which depicts weights in the pockets near the calves of the pants), one each of said calf weights respectively positioned upon a respective calf area of each of said two leg portions (See figure 6).
Regarding claim 37:
Walker as modified discloses the compression garment of claim 26, additionally comprising: said pants having calf weights thereon (See figure 6 which depicts weights in the pockets near the calves of the pants), one each of said calf weights respectively positioned upon a respective calf area of each of said two leg portions (See figure 6).
Regarding claim 38:
Walker as modified teaches the compression garment of claim 27, but fails to teach additionally comprising: said first and said second shoulder weights both being flexible; and said first of said thigh weights and said second of said thigh weights both being flexible.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches weights being flexible (“In one example, an additional component includes a sealing or encapsulation layer configured to secure the plurality of pellets and adhesive composition. The encapsulation layer may be a strong but flexible material configured to allow the weight to bend or curve around a wearer's body, while not being susceptible to puncture or tearing during typical use.” See paragraph [0074]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the weights taught by the invention made from the combination of Walker as modified by Brown, to be flexible as also taught by Brown, as this would allow the weights to better fit around the contours of the user’s body when placed into the pockets of the pants and shirt.
Regarding claim 39:
Walker as modified teaches the compression garment of claim 37, but fails to teach additionally comprising: said first and second shoulder weights and said first and second thigh weights both formed of a solid solution of a polymeric material having a plurality of weight components suspended therein.
Brown, however, teaches cosmetically hidden weighted garments (See abstract), and further teaches the weights formed of a solid solution of a polymeric material having a plurality of weight components suspended therein (“In some examples, the metal may be made of a flexible composition such as a thermoplastic polymer with metal inserts embedded within the flexible material.” See paragraph [0076]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the weights taught by the invention made from the combination of Walker as modified by Brown, to formed of a solid solution of a polymeric material having a plurality of weight components suspended therein as also taught by Brown, as this would allow the weights to be formed to the pocket shapes, and the shape of the garments and to better fit around the contours of the user’s body when placed into the pockets of the pants and shirt.
Regarding claim 40:
Walker as modified by Brown teaches the compression garment of claim 30, additionally comprising: said first shoulder pocket compressibly engaging said first shoulder weight (The examiner notes that the shoulder pockets of Brown are comprised of the same compressive fabric as the rest of the shirt, and therefore when the weight is inserted it would be compressibly engaging the weight in order to prevent the weight from moving inside the pocket); said second shoulder pocket compressibly engaging said second shoulder weight (The examiner notes that the shoulder pockets of Brown are comprised of the same compressive fabric as the rest of the shirt, and therefore when the weight is inserted it would be compressibly engaging the weight in order to prevent the weight from moving inside the pocket); said first thigh pocket compressibly engaging said first thigh weight (The examiner notes that the pockets of Walker are comprised of the same compressive fabric as the rest of the pants, and therefore when the weight is inserted it would be compressibly engaging the weight in order to prevent the weight from moving inside the pocket); and said second thigh pocket compressibly engaging said second thigh weight (The examiner notes that the pockets of Walker are comprised of the same compressive fabric as the rest of the pants, and therefore when the weight is inserted it would be compressibly engaging the weight in order to prevent the weight from moving inside the pocket).
Claim(s) 23 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown US 20170157447 A1, and in further view of Rao et al US 20170071265 A1.
Brown teaches the invention as substantially claimed above.
Regarding claim 23:
Brown teaches the compression garment of claim 22, but fails to teach additionally comprising: said first shoulder mount extending over a top of said first shoulder area of said shirt; said second shoulder mount extending over a top of said second shoulder area of said shirt; said first shoulder weight being U-shaped and removably engaged upon said first shoulder mount; and said second shoulder weight being U-shaped and removably engaged upon said second shoulder mount.
Rao, however, teaches a vest assembly includes a bodice having at least one front pocket and at least one back pocket (See abstract), and further teaches said first shoulder mount extending over a top of said first shoulder area of said shirt (See figures 1-2 where shoulder pocket 110e flows over the shoulder of the vest); said second shoulder mount extending over a top of said second shoulder area of said shirt (See figures 1-2 where shoulder pocket 110f flows over the shoulder of the vest); said first shoulder weight being U-shaped and removably engaged upon said first shoulder mount (The examiner notes that paragraph [0026] discusses how the compressive inserts 108c can be placed within the shoulder pockets and therefore must conform to the shape of the pockets, and since the mounts are U-shaped in order to flow over the shoulder as depicted the weight would therefore be U-shaped); and said second shoulder weight being U-shaped and removably engaged upon said second shoulder mount (The examiner notes that paragraph [0026] discusses how the compressive inserts 108c can be placed within the shoulder pockets and therefore must conform to the shape of the pockets, and since the mounts are U-shaped in order to flow over the shoulder as depicted the weight would therefore be U-shaped).
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It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shoulder mounts to extend over the shoulders and have the weights be U-shaped to conform to the shape of the pockets as taught by Rao, as this would allow the user to be more comfortable during use of the compression shirt, and still add or adjust the weights during wearing.
Regarding claim 25:
Brown as modified discloses the compression garment of claim 23 additionally comprising: said first shoulder weight and said second shoulder weight chooseable from a kit including a plurality of shoulder weights, wherein each of said plurality of shoulder weights has a different weight (“The amount of added weight by the individual weights in the garment is variable. In certain examples, each individual weight is in a range of 0.01-10 kg, 0.01-0.1 kg, 0.1-5 kg, or 0.1-1 kg. In some examples, the weight area having a plurality of individual weights is in a range of 0.01-10 kg, 0.1-5 kg, or 0.1-1 kg. In certain examples, each weight is approximately 0.06 kg, 0.17 kg, or 0.23 kg.” See paragraph [0083]. The examiner notes that since each weight added can be from a set range of weights provided the weights are being considered as part of a kit, and since each weight can be any weight in the ranges discussed they each can have a different weight).
Claim(s) 34 is/are rejected under 35 U.S.C. 103 as being unpatentable over Brown US 20170157447 A1.
Brown teaches the invention as substantially claimed above.
Regarding claim 34:
Brown teaches the compression garment of claim 20, but the tank top embodiment fails to teach additionally comprising: arm weights positioned upon sleeves of said shirt, said arm weights located upon said sleeves for positioning one each of said arm weights adjacent a forearm of said user with said shirt in said as-used position. However, the embodiment depicted in figure 11A, does teach arm weights positioned upon sleeves of said shirt (weight areas 1102 and 1104), said arm weights located upon said sleeves for positioning one each of said arm weights adjacent a forearm of said user with said shirt in said as-used position (See figure 11A).
It would have been obvious to a person of ordinary skill in the art to modify the shirt of Brown to include arm weights position upon the sleeves adjacent the forearms of the user, in addition to the shoulder weights present in the other embodiment, as this would provide more areas for the user to add resistance to the system, increasing the training progress they would gain from wearing the weighted garment as now the weights are more distributed during movement.
Response to Arguments
Applicant’s arguments with respect to claim(s) 17-34 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN ANGELO DICUIA whose telephone number is (703)756-4713. The examiner can normally be reached M-F 7:30-4:30.
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/JONATHAN A DICUIA/ Examiner, Art Unit 3784
/Megan Anderson/Primary Examiner, Art Unit 3784
