DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/29/2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-3, 8, 10, 16-20, 23 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Maria (5991923).
Regarding claim 1, Maria discloses a modular clothing system (fig.1) comprising a plurality of clothing parts (fig.1), wherein the plurality of clothing parts includes: one or more single-piece front clothing parts (44) and one or more single-piece rear clothing parts (12); wherein the one or more single-piece front clothing parts is shaped to cover in use at least part of a front part of a body of a wearer, and wherein the one or more single-piece rear clothing parts is shaped to cover in use at least part of a rear part of a body of a wearer, wherein each of the one or more single-piece front clothing parts and each of the one or more single-piece rear clothing parts includes at least one fastener element (78,82, fig.4-7), the at least one fastener element of the one or more single-piece front clothing parts linkable to the at least one fastener element of the one or more single-piece rear clothing parts, the at least one fastener element of the one or more single- piece front clothing parts and the at least one fastener element of the one or more single-piece rear clothing parts operable to assemble different modular clothings through different combinations of the one or more single-piece front clothing parts and one or more single-piece rear clothing parts (fig.1 and 9), the at least one fastener element of a single-piece front clothing part of the one or more single-piece front clothing parts and the at least one fastener element of a single-piece rear clothing part of the one or more single-piece rear clothing parts operable to disassemble an assembled modular clothing by completely detaching the single-piece front clothing part and the single-piece rear clothing part of the assembled modular clothing (see at least all figures). But Maria does not disclose a functional limitation such as wherein the single-piece front clothing part or at least one of the one or more single-piece front clothing parts has a different body length from the single-piece rear clothing part or at least one of the one or more single-piece rear clothing parts. However, Maria further discloses fig.9 having an extension portion 116 having a front panel 128 and back panel 118 and fasteners 80, 78. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize the garment of Marial is configured to perform as the claimed invention. In this case, the garment could have as fig.8 having the front panel 44 attached to the back panel 12; the front panel 44 secured to a lower front panel 128 or fig.8 having the front panel 44 attached to the back panel 12; and the back panel 12 secured the lower back panel 118, such modification would be considered a mere design choice involves routine skill in the art.
Furthermore, wherein at least two of the one or more single-piece front clothing parts have different body lengths and/or wherein at least two of the one or more single-piece rear clothing parts have different body lengths (fig.8-9).
Regarding claims 2-3, 8, 10, 16-20, 23, Maria discloses wherein the one or more single-piece front clothing parts is shaped to cover in use at least part of a front part of a body of a wearer by extending from one side of the front of the body to the other side of the front of the body (fig.9); wherein the one or more single-piece rear clothing parts is shaped to cover in use at least part of a rear part of a body of a wearer by extending from one side of the rear of the body to the other side of the rear of the body (the combination of fig.8-9); wherein the plurality of clothing parts further includes at least one shoulder clothing part for linking to a front clothing part and/or a rear clothing part (the combination of fig.8-9); wherein the single-piece front clothing part or at least one of the one or more single-piece front clothing parts has a same body length as the single-piece rear clothing part or at least one of the one or more single-piece rear clothing parts (the combination of fig.8-9); wherein the single-piece front clothing part or at least one of the one or more single-piece front clothing parts has a same clothing size as the single-piece rear clothing part or at least one of the one or more single-piece rear clothing parts (the combination of fig.8-9); wherein the single-piece front clothing part or at least one of the one or more single-piece front clothing parts has a different clothing size from the single-piece rear clothing part or at least one of the one or more single-piece rear clothing parts (the combination of fig.8-9); wherein at least two of the one or more single-piece front clothing parts have different clothing sizes and/or wherein at least two of the one or more single-piece rear clothing parts have different clothing sizes (the combination of fig.8-9); wherein the single-piece front clothing part or at least one of the one or more single-piece front clothing parts includes two fastener elements, the two fastener elements having different lengths and extending along a side of the corresponding front clothing part, one of the two fastener elements linkable to a first fastener element of one of the one or more single-piece rear clothing parts, the other of the two fastener elements linkable to a second fastener element of another one of the single-piece rear clothing parts, the first and second fastener elements having different lengths (the combination of fig.8-9); wherein the single-piece rear clothing part or at least one of the one or more single-piece rear clothing parts includes two fastener elements, the two fastener elements having different lengths and extending along a side of the corresponding rear clothing part, one of the two fastener elements (78,80,82, 84) linkable to a first fastener element of one of the one or more single-piece front clothing parts, the other of the two fastener elements linkable to a second fastener element of another one of the single-piece front clothing parts, the first and second fastener elements having different lengths (the combination of fig.8-9); wherein the at least one fastener element is or includes a quick release fitting or a closure (78,80,82, 84).
Regarding claim 33, Maria discloses claim 1 above but does not disclose the method of using the article garment of claim 1, wherein the method includes the steps of: operating the at least one fastener element to assemble different modular clothings through different combinations of the one or more single-piece front clothing parts and the one or more single-piece rear clothing parts; and operating the at least one fastener element to disassemble an assembled modular clothing by completely detaching the front clothing part and rear clothing part of the assembled modular clothing. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize the article garment of Maria is configured to perform as the claimed invention, since it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from prior art apparatus satisfying the claimed structural limitations.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 8, 10, 1-20, 23, 33 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732