DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
This is in response to remarks submitted on 09/22/25. Claims 1-8, 10-15 and 18-19 are pending and examined herein.
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) 14 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Olmos Plaza (US 2018/0279699) in view of Spathas (US 2018/0255853).
In regard to claim 14, Olmos Plaza teaches a multi-function article comprising: a top portion having a first fastener (top portion/hip-waist piece: 1, fastener/zipper: 13, 13’); a tote portion having a second fastener configured to facilitate removably attaching the top portion to the tote portion by fastening or unfastening the first fastener with the second fastener (tote portion/intermediate piece: 2, fastener/zipper: 22, 22’); and a third fastener coupled to the tote portion (zipper: 32’, 22’; figure 2), the third fastener configured to close a side of the bottom portion to facilitate converting the tote portion into a tote bag (see figures 1, 2 and 5, paragraph: 0020); and wherein the top portion and tote portion are configured such that when the top portion is coupled to the tote portion by fastening the first fastener with the second fastener, and the third fastener is left open, the top portion and the tote portion form a longer garment (top portion: 1 can be worn with the tote portion 2 as seen in figure 2).
However, Olmos Plaza fails to teach the top portion being a jacket portion that transforms into a longer jacket when the tote portion is attached.
Spathas teaches a convertible article wherein a skirt/skort garment can be modified to include additional panels attached thereto to form a jacket with skirt portion(s) (see paragraph 0098); wherein when the skirt and it’s upper and lower portions are attached to the jacket a longer jacket is formed (see figure 116 and paragraphs 0098). The top portion (1) of Olmos Plaza having additional panels forming a garment as taught by Spathas would provide a garment wherein the jacket top portion and the bottom portion (skirt) are configured to facilitate simultaneous use of the jacket and the tote bag (paragraph 0098 of Spathas and figure 3 Olmos Plaza, the tote bag can be used as illustrated in figure 3 and the top portion 1 of Olmos Plaza with the upper jacket panels of Spathas attached thereto can be worn as a jacket garment while holding the tote of figure 3).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the skirt garment of Olmos Plaza with the additional garment panels forming a jacket attached thereto as taught by Spathas, since the skirt garment of Olmos Plaza provided with the jacket attached portions would provide a unitary jacket with attached skirt, creating a longer overall jacket garment, the lower skirt portion can be detached from the jacket to configure the lower skirt portion for use as a bag creating a shorter jacket with upper skirt portion.
In regard to claim 19, the combined references teach wherein the Jacket portion and the tote portion are configured to facilitate simultaneous use of the jacket portion and the tote bag (paragraph 0098 and figure 39 of Spathas and figure 5 of Olmos Plaza, the lower detachable skirt portion forming the tote can be removed from the jacket with upper skirt portion configuration).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the skirt with separable lower skirt garment portion and bag of Olmos Plaza with the additional separable garment panels forming a jacket as taught by Spathas, since the skirt garment and separable lower portion/bag of Olmos Plaza provided with the jacket portions would provide a unitary attachable and detachable jacket/skirt garment with a lower portion that can be detached and used as a bag while the upper portion of the skirt with the jacket can be worn as a jacket with a shorter length.
In regard to claim 20, Olmos Plaza teaches wherein the first, second, and third fastener each comprises a zipper (fasteners are zipper: paragraph 0018 and 0020).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olmos Plaza (US 2018/0279699) and Spathas (US 2018/0255853) and in further view of Chen (US 5,724,672).
Olmos Plaza and Spathas teach a garment as described above in claim 14, further, Olmos Plaza teaches wherein the bottom portion comprises a handle (figure 5, paragraph 0020), wherein the handle is configured to be placed in an inner lining of the bottom portion (handle is capable of being placed in the bottom portion: 2, 3; figure 5), and wherein the handle is configured to facilitate carrying the tote bag (see figure 5).
However, Olmos Plaza fails to teach the handle being multiple handles.
In regard to claim 15, Chen teaches an article convertible from a garment to a bag wherein the bag has two handles (see figure 5, identifiers 31, 31).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the handle of Olmos Plaza and Spathas with the two handles as taught by Chen, since the convertible bag of Olmos Plaza having two handles instead on one would provide a carrying system that is more durable and able to support more weight.
Claim(s) 1, 3-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olmos Plaza (US 2018/0279699) in view of Spathas (US 2018/0255853).
In regard to claim 1, Olmos Plaza teaches a tote bag (figure 5) configured to attach to a skirt portion of a garment, to form a longer garment (figures 2 and 5: paragraph 0020), the tote bag comprising: a tote portion (intermediate portions: 2, 3; figure 5); a first fastener coupled to the tote portion (see upper zipper: 22, 32); wherein the first fastener is configured to attach the tote portion to a fastener of a garment (see figure 2); wherein the tote portion is configured to provide a bottom portion of the longer garment when the first fastener is attached to the fastener of the garment (see figure 2); a second fastener coupled to the bottom side of the tote portion (zipper: 22’, 32’); wherein the second fastener is configured to closes said bottom side of the tote portion to provide a bottom of the tote bag (see figure 5 and paragraph 0020); and wherein the first fastener is configured to close a top side of the tote bag to secure items placed in the tote bag (paragraph 0020); and wherein the tote portion and the bottom portion of the garment are configured to be worn as a garment when the tote portion and the bottom portion of the garment are fastened together by the first and second fastener (see figure 2).
However, Olmos Plaza fails to teach the top portion being a jacket portion that transforms into a longer jacket when the tote portion is attached.
Spathas teaches a convertible article wherein a skirt/skort garment can be modified to include additional panels attached thereto to form a jacket with a skirt (see paragraph 0098); wherein when the skirt portion is attached to the jacket it forms a longer jacket (see figure 116 and paragraphs 0098). The top portion of Olmos Plaza having additional panels forming a jacket garment as taught by Spathas would provide a jacket garment with attached skirt, wherein the jacket top portion and attached lower skirt portion are configured to facilitate simultaneous use as a jacket and the tote bag (paragraph 0098 and figure 39 of Spathas and figure 3 Olmos Plaza, the tote bag can be used as illustrated in figure 3 and the top portion 1 of Olmos Plaza with the upper jacket panels attached thereto can be worn as a jacket while holding the tote of figure 3).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the skirt garment of Olmos Plaza with the additional garment panels forming a jacket attached thereto as taught by Spathas, since the skirt garment of Olmos Plaza provided with the jacket attached portions would provide a unitary jacket with attached skirt, creating a longer overall jacket garment, the lower skirt portion can be detached from the jacket to configure the lower skirt portion for use as a bag creating a shorter jacket including the upper skirt portion.
In regard to claim 3, Olmos Plaza teaches wherein the first fastener, the second fastener, and the fastener of the first garment each comprises a zipper (paragraphs 0015, 0016; Spathas teaches the first garment being a jacket with attached skirt portion).
In regard to claim 4, Olmos Plaza teaches wherein the first fastener, the second fastener, and the fastener of the first garment each comprises one or more buttons (paragraph 0015, 0016; Spathas teaches the first garment being a jacket with attached skirt portion).
In regard to claim 5, Olmos Plaza teaches wherein the first fastener, the second fastener, or the fastener of the first garment comprises at least one fastener from the group comprising: zippers, buttons, and hook-and-loop (paragraph 0015-0016; Spathas teaches the first garment being a jacket with attached skirt portion).
In regard to claim 6, Olmos Plaza teaches a garment-bag product comprising: a garment portion having a first fastener (waist portion: 1 ad fastener 12, 13); a tote portion removably coupled to the garment portion (intermediate panels: 2, 3; figures 2 and 5; paragraph 0020); wherein the tote portion comprises: a second fastener configured to attach to the first fastener (zipper fasteners: 22, 32 and 12, 13); a third fastener coupled to a bottom edge of the tote portion, wherein the third fastener is configured to close said bottom edge (zippers: 22’, 32’ and paragraph 0020); wherein when the first fastener and the second fastener are uncoupled, and the third fastener is closed, the tote portion functions as a tote bag (see figure 5); wherein the garment portion and the top portion are configured such that when the first fastener is attached to the second fastener the tote portion becomes a bottom portion of a longer garment comprising the garment portion and the tote portion (see figure 2).
However, Olmos Plaza fails to teach the top portion being a jacket portion that transforms into a longer jacket when the tote portion is attached.
Spathas teaches a convertible article wherein a skirt/skort garment can be modified to include additional panels attached thereto to form a jacket with attached skirt portions (see paragraph 0098); wherein when the skirt portions are attached to the jacket a longer jacket is formed (see figure 116 and paragraphs 0098). The top portion (1) of Olmos Plaza having additional panels forming a garment as taught by Spathas would provide a jacket garment wherein the jacket top portion and the lower skirt portion/tote bag are configured to facilitate simultaneous use of the jacket and the tote bag (paragraph 0098 and figure 39 of Spathas and figure 3 Olmos Plaza, the tote bag can be used as illustrated in figure 3 and the top portion 1 of Olmos Plaza with the upper jacket panels attached thereto can be worn as a jacket while holding the tote of figure 3).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the skirt garment of Olmos Plaza with the additional garment panels forming a jacket attached thereto as taught by Spathas, since the skirt garment of Olmos Plaza provided with the jacket attached portions would provide a unitary jacket with attached skirt, creating a longer overall jacket garment, the lower skirt portion can be detached from the jacket to configure the lower skirt portion for use as a bag creating a shorter jacket with upper skirt portion (Spathas: paragraph 0098).
In regard to claim 7, the combined references teach wherein the jacket portion comprises a crop top jacket (Spathas teaches use of the jacket portion as a crop jacket that can be used without the tote portion and other portions of Olmos Plaza as desired).
In regard to claim 8, the combined references teach wherein the bottom edge of the tote portion becomes a bottom edge of the longer jacket/garment when the jacket/garment portion is coupled to the tote portion (Olmos Plaza teaches the tote portion 2 as being the bottom portion of the garment when connected thereto in figure 2, Spathas teaches the jacket upper portion).
In regard to claim 10, the combined references teach wherein the first fastener, the second fastener, and the fastener of the jacket portion each comprises at least one fastener from the group comprising: zippers, buttons, and hook-and-loop (Olmos Plaza: paragraph 0015).
In regard to claim 11, the combined references teach wherein the first fastener, the second fastener, and the third fastener each comprises zippers (Olmos Plaza: paragraph 0015).
In regard to claim 12, the combined references teach wherein the first fastener, the second fastener, and the third fastener each comprises buttons (Olmos Plaza: paragraph 0015).
In regard to claim 13, the combined references teach wherein the first fastener, the second fastener, and the third fastener each comprises a hook-and-loop fastener (Olmos Plaza: paragraph 0015).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Olmos Plaza (US 2018/0279699) and Spathas (US 2018/0255853) and further in view of Chen (US 5,724,672).
Olmos Plaza teaches a garment as described above in claim 1, further, Olmos Plaza teaches wherein a handle is configured to be placed in an inner lining of the bottom portion (handle is capable of being placed in the bottom portion: 2, 3; figure 5; paragraph 0020), and wherein the handle is configured to facilitate carrying the tote bag (see figure 5).
However, Olmos Plaza fails to teach the handle being multiple handles.
In regard to claim 2, Chen teaches an article convertible from a garment to a bag wherein the bag has two handles (see figure 5, identifiers 31, 31).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the handle of Olmos Plaza and Spathas with the two handles as taught by Chen, since the convertible bag of Olmos Plaza having two handles instead on one would provide a carrying system that is more durable and able to support more weight.
Response to Arguments
Applicant's arguments filed 09/22/25 have been fully considered but they are not persuasive.
Applicant argues that Olmos Plaza and Spathas fail to teach the jacket portion being coupled to the tote portion by fastening the first fastener with the second fastener and the third fastener is left open, the jacket portion and the tote portion together form a longer jacket.
Here, Olmos Plaza teaches a garment being a skirt with upper and lower portions, the upper portion is attached to the lower portion by first and second fasteners (a first fastener/zipper: 13, 13’ on lower portion 1; second fastener/zipper: 22, 22’ on lower portion/tote portion 2); and a third fastener is configured to close a side of the bottom portion to facilitate converting the tote portion into a tote bag (see figures 1, 2 and 5, paragraph: 0020; third fastener zipper: 32’, 22’ in figure 2 at the bottom of the lower portion/tote portion); and wherein the top portion (1) and tote portion (2) are configured such that when the top portion is coupled to the tote portion by fastening the first fastener with the second fastener, and the third fastener is left open, the top portion and the tote portion form a longer garment (top portion: 1 can be worn with the tote portion 2 as seen in figure 2 and detailed in the annotated figure below).
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Spathas teaches a convertible article wherein a skirt/skort garment can be modified to include additional panels attached thereto to form a jacket garment with extending skirt portion (see paragraph 0098); wherein when the skirt portion is attached to the jacket, it forms a longer jacket garment(see figure 116 and paragraphs 0098). The top portion of the skirt of Olmos Plaza having additional panels attached thereto forming a jacket garment as taught by Spathas would provide a garment wherein the jacket top portion and the skirt portion are configured to facilitate simultaneous use of the jacket and the tote bag as a longer jacket garment (paragraph 0098 of Spathas and figure 3 Olmos Plaza, the tote bag can be used as illustrated in figure 3 and the top portion of the skirt 1 of Olmos Plaza with the upper jacket panels attached thereto can be worn as a shorter jacket while holding the tote of figure 3).
Here, we are modifying the upper portion (1) of the skirt of Olmos Plaza to have an attachment to attach to a jacket garment as taught by Spathas, to form a jacket garment having an attached skirt portion. The jacket structure formed by Olmos Plaza and Spathas has a lower skirt portion/tote portion (2) that can be unzipped, removed and converted to be used as a tote bag. The removed lower skirt portion/tote portion (2) leaves that jacket garment of Olmos Plaza and Spathas to remain with the upper skirt portion (1) creating a shorter jacket garment and adding the tote/lower skirt portion (2) to the upper portion of the jacket garment creates a longer jacket garment with skirt portion.
Applicant argues that the tote portion and the jacket portion are not configured for simultaneous use.
The combination of Olmos Plaza with the upper jacket portion of Spathas, would teach the use of the jacket simultaneously with the lower tote portion (2). The lower tote portion when removed from the garment and used as a tote bag (see figure 2) can simultaneously be used while the remainder of the jacket garment including the upper skirt portion (1) is worn.
Applicant argues that there is no motivation to combine Olmos Plaza and Spathas.
In KSR, the Supreme Court indicated that "[w]hen a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, § 103 likely bars its patentability." KSR Int'l v. Teleflex Inc., 127 S. Ct. 1727, 1740 (2007).Here, Olmos Plaza teaches a convertible garment (skirt with upper and lower portions) and tote bag (lower portion). Spathas teaches a convertible garment wherein a skirt/skort garment can be modified to include additional panels attached to the top portion to form a jacket garment with a skirt extending therefrom (see paragraph 0098). We are modifying the skirt garment of Olmos Plaza with the additional garment panels forming a jacket attached to the upper skirt portion as taught by Spathas to provide a unitary garment including a jacket with extending upper and lower skirt portions, the lower skirt portion is the tote bag that can be removed and used separately from the jacket attached upper skirt portion.
Applicant argues that the combination of Olmos Plaza and Spathas uses impermissible hindsight reasoning.
Examiner disagrees since, Olmos Plaza teaches a lower torso skirt garment made up of an upper portion and a lower portion, with the lower portion being the removable tote bag and Spathas teaches that an upper portion of a skirt garment can be modified to attach to additional garment panels to take the form of a jacket with attached skirt (see Spathas: paragraph 0098). The additional panels of Spathas attached to the upper skirt portion of Olmos Plaza would teach a convertible garment and tote bag wherein the garment is a jacket with extending skirt portion(s).
Conclusion
THIS ACTION IS MADE FINAL. 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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached on (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732