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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/08/2025 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.
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.
Claims 1, 6-8, 13, 22, 25-26, 28, 31-32 and 34 are rejected under 35 U.S.C. 103 as being unpatentable over Ballard (US 2005/0108803) in view of Gonzalez (US 2020/0268066).
Regarding claim 1, Ballard teaches a garment (figs. 3A-3B, pants) comprising: a fake fly (fig. 3A, a false zipper 132); at least one closable opening (fig. 3B, opening closed by a zipper 180) running a length up toward a rear center of a waistband of the garment (fig. 3B), wherein the at least one closable opening terminates at the rear center of the waistband of the garment (fig. 3B); and a zipper track (fig. 3B, zipper 180) running a second length up toward the rear center of the waistband of the garment (fig. 3B), wherein the zipper track terminates at the rear center of the waistband of the garment (fig. 3B), and wherein the fake fly of the garment does not define an opening (para. [0041]).
Ballard does not teach in figs. 3A-3B a pair of overalls.
However, Ballard teaches the clothing include coveralls (abstract).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the teachings in figs. 3A-3B with the coveralls by combine the pants with the upper portion of the coveralls into an integral unit for the benefit of providing comfort to the user and saving time for the care taker in putting on and taking off the garment for the patient.
The modified structure Ballard does not teach the at least one closable opening running the length from a lower end of the fake fly through a crotch area and the zipper track running the second length from the lower end of the fake fly through the crotch area.
However, in the same field of endeavor, Gonzalez teaches at least one closable opening (para. [0046], a second closable opening) running a length from a lower end of the fly (para. [0046], beyond the first closable opening with flaps) through a crotch area and a zipper track (para. [0046], second zipper track) running a second length from the lower end of the fly through the crotch area (para. [0046], the second zipper track running along the second closable opening).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard with the closable opening and the zipper track running from the lower end of the fly through the crotch area and up toward the rear center of the waistband as suggested by Gonzalez for the benefit of facilitating the performance of bodily functions conveniently and safely (Gonzalez, para. [0003]).
Regarding claim 7, the modified structure Ballard-Gonzalez teaches an exterior flap covering the zipper track (annotated Ballard fig. 3B below).
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Regarding claim 6, the modified structure Ballard-Gonzalez does not teach an interior flap at least partially covering the zipper track.
However, Gonzalez teaches an interior flap at least partially covering the zipper track (para. [0046], a second interior flap designed and configured to reversibly cover the second zipper track on the interior side of the garment).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with an interior flap as taught by Gonzalez for the benefit of protecting the wearer’s crotch area from irritation by the zipper as the interior flap is designed to cover the zipper track on the interior side of the garment (Gonzalez, para. [0046]).
Regarding claim 8, Ballard teaches a garment (figs. 3A-3B, pants) comprising: a pants portion comprising a waistband (figs. 3A-3B); a fake fly (fig. 3A, a false zipper 132); at least one closable opening (fig. 3B, opening closed by a zipper 180) running a length up toward a rear center of a waistband of the garment (fig. 3B), wherein the at least one closable opening terminates at the rear center of the waistband (fig. 3B); and a zipper track (fig. 3B, zipper 180) running a second length up toward the rear center of the waistband (fig. 3B), wherein the zipper track terminates at the rear center of the waistband (fig. 3B), and wherein the fake fly of the pants does not define an opening (para. [0041]); and an exterior flap covering the zipper track (annotated fig. 3B above).
Ballard does not teach in figs. 3A-3B a bib portion.
However, Ballard teaches the clothing include coveralls (abstract) which is known to comprise an upper portion (a bib portion) to cover the upper body part of the user.
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the teachings in figs. 3A-3B with the coveralls by combine the pants with the bib portion of the coveralls into an integral unit for the benefit of providing comfort to the user and saving time for the care taker in putting on and taking off the garment for the patient.
The modified structure Ballard does not teach the at least one closable opening running the length from a lower end of the fake fly through a crotch area and the zipper track running the second length from the lower end of the fake fly through the crotch area.
However, in the same field of endeavor, Gonzalez teaches at least one closable opening (para. [0046], a second closable opening) running a length from a lower end of the fly (para. [0046], beyond the first closable opening with flaps) through a crotch area and a zipper track (para. [0046], second zipper track) running a second length from the lower end of the fly through the crotch area (para. [0046], the second zipper track running along the second closable opening).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard with the closable opening and the zipper track running from the lower end of the fly through the crotch area and up toward the rear center of the waistband as suggested by Gonzalez for the benefit of facilitating the performance of bodily functions conveniently and safely (Gonzalez, para. [0003]).
Regarding claim 13, the modified structure Ballard-Gonzalez does not teach an interior flap at least partially covering the zipper track.
However, Gonzalez teaches an interior flap at least partially covering the zipper track (para. [0046]).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with an interior flap as taught by Gonzalez for the benefit of protecting the wearer’s crotch area from irritation by the zipper as the interior flap is designed to cover the zipper track on the interior side of the garment (para. [0046]).
Regarding claim 22, the modified structure Ballard-Gonzalez teaches a pants portion attached to a bib portion (Ballard, abstract, para. [0020], the coveralls comprise a pants portion attached to a bib portion).
Regarding claim 25, the modified structure Ballard-Gonzalez teaches the exterior flap extends up toward the rear center of the waistband and terminates at the rear center of the waistband (Ballard, fig. 3B).
The modified structure Ballard-Gonzalez does not teach the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband.
However, Gonzalez teaches the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband (para. [0046], the second exterior flap designed and configured to reversibly cover the second zipper track on the exterior side of the garment, while the second zipper track running from beyond the first closable opening/first zipper track/first exterior flap through the lowest crotch point, and up toward a rear center of the waist opening).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with the teaching that the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband as suggested by Gonzalez for the benefit of facilitating the performance of bodily functions conveniently and safely (Gonzalez, para. [0003]).
Regarding claim 26, the modified structure Ballard-Gonzalez does not teach a first end of the zipper track, a first end of the exterior flap, and a first end of the interior flap are sewn into a front of the pair of overalls at the lower end of the fake fly of the pair of overalls.
However, Gonzalez teaches a zipper track is sewn onto the pants (para. [0024]); the flaps (exterior flaps and interior flaps) are sewn to the pants by blocking members (168A, 168B) (para. [0024], blocking members 168 may be sewn to pants 100 on both sides across zipper track 156; blocking members 168 may be made from the same material as and/or be contiguous with the flaps).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with sewing method for securing the zipper track, interior flap and exterior flap to the garment at the first end as suggested by Gonzalez as securing by stitching provides durability and strength to withstand stress from movement and wear to the garment.
Regarding claim 28, the modified structure Ballard-Gonzalez does not teach the interior flap extends a fourth length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband of the pair of overalls, wherein the interior flap terminates at the rear center of the waistband of the pair of overalls.
However, Gonzalez teaches the interior flap extends a fourth length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband of the pair of overalls, wherein the interior flap terminates at the rear center of the waistband of the pair of overalls (para. [0046], also figs. 7 and 11).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with an interior flap as taught by Gonzalez for the benefit of protecting the wearer’s crotch area from irritation by the zipper as the interior flap is designed to cover the zipper track on the interior side of the garment (para. [0046]).
Regarding claim 31, the modified structure Ballard-Gonzalez teaches the exterior flap extends up toward the rear center of the waistband and terminates at the rear center of the waistband (Ballard, fig. 3B).
The modified structure Ballard-Gonzalez does not teach the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband.
However, Gonzalez teaches the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband (para. [0046], the second exterior flap designed and configured to reversibly cover the second zipper track on the exterior side of the garment, while the second zipper track running from beyond the first closable opening/first zipper track/first exterior flap through the lowest crotch point, and up toward a rear center of the waist opening).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with the teaching that the exterior flap extends a third length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband as suggested by Gonzalez for the benefit of facilitating the performance of bodily functions conveniently and safely (Gonzalez, para. [0003]).
Regarding claim 32, the modified structure Ballard-Gonzalez does not teach a first end of the zipper track, a first end of the exterior flap, and a first end of the interior flap are sewn into a front of the pants portion at the lower end of the fake fly of the pants portion.
However, Gonzalez teaches a zipper track is sewn onto the pants (para. [0024]); the flaps (exterior flaps and interior flaps) are sewn to the pants by blocking members (168A, 168B) (para. [0024], blocking members 168 may be sewn to pants 100 on both sides across zipper track 156; blocking members 168 may be made from the same material as and/or be contiguous with the flaps).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with sewing method for securing the zipper track, interior flap and exterior flap to the garment at the first end as suggested by Gonzalez as securing by stitching provides durability and strength to withstand stress from movement and wear to the garment.
Regarding claim 34, the modified structure Ballard-Gonzalez does not teach the interior flap extends a fourth length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband of the pair of overalls, wherein the interior flap terminates at the rear center of the waistband of the pair of overalls.
However, Gonzalez teaches the interior flap extends a fourth length from the lower end of the fake fly of the pair of overalls, through the crotch area of the pair of overalls, and up toward the rear center of the waistband of the pair of overalls, wherein the interior flap terminates at the rear center of the waistband of the pair of overalls (para. [0046], also figs. 7 and 11).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with an interior flap as taught by Gonzalez for the benefit of protecting the wearer’s crotch area from irritation by the zipper as the interior flap is designed to cover the zipper track on the interior side of the garment (para. [0046]).
Claims 23-24 and 29-30 are rejected under 35 U.S.C. 103 as being unpatentable over Ballard (US 2005/0108803) and Gonzalez (US 2020/0268066), as applied to claims 22 and 8 above, and further in view of Jenney (US 8316465).
Regarding claim 23, the modified structure Ballard-Gonzalez does not clearly teach the bib portion comprises a front bib and at least one strap configured to selectively attach to the front bib.
However, in the same field of endeavor, Jenney teaches the bib portion comprises a front bib (fig. 1, a bib front 28) and at least one strap (fig. 1, straps 40) configured to selectively attach to the front bib (fig. 1, by adjusting the slide buckles 42).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with the front bib and at least one strap configured to selectively attach to the front bib as taught by Jenney for the benefit of providing comfort to different sizes of the users.
Regarding claim 24, the modified structure Ballard-Gonzalez-Jenney does not teach the bib portion comprises a back bib and the at least one strap is attached to the back bib.
However, Jenney teaches the bib portion comprises a back bib (fig. 1, back 36) and the at least one strap is attached to the back bib (fig. 1).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez-Jenney with the back bib and the at least one strap is attached to the back bib as taught by Jenney for the benefit of providing comfort to different sizes of the users.
Regarding claim 29, the modified structure Ballard-Gonzalez does not clearly teach the bib portion comprises a front bib and at least one strap configured to selectively attach to the front bib.
However, in the same field of endeavor, Jenney teaches the bib portion comprises a front bib (fig. 1, a bib front 28) and at least one strap (fig. 1, straps 40) configured to selectively attach to the front bib (fig. 1, by adjusting the slide buckles 42).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with the front bib and at least one strap configured to selectively attach to the front bib as taught by Jenney for the benefit of providing comfort to different sizes of the users.
Regarding claim 30, the modified structure Ballard-Gonzalez-Jenney does not teach the bib portion comprises a back bib and the at least one strap is attached to the back bib.
However, Jenney teaches the bib portion comprises a back bib (fig. 1, back 36) and the at least one strap is attached to the back bib (fig. 1).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez-Jenney with the back bib and the at least one strap is attached to the back bib as taught by Jenney for the benefit of providing comfort to different sizes of the users.
Claims 27 and 33 are rejected under 35 U.S.C. 103 as being unpatentable over Ballard (US 2005/0108803) and Gonzalez (US 2020/0268066), as applied to claim 6 above, and further in view of Stradley (US 5010595).
Regarding claim 27, the modified structure Ballard-Gonzalez does not teach a second end of the zipper track, a second end of the exterior flap, and a second end of the interior flap are sewn into an edge of the rear center of the waistband of the pair of overalls.
However, in the same field of endeavor, Stradley teaches a second end of the zipper track (fig. 5, zipper 52), a second end of the exterior flap (fig. 5, flaps by layer 12), and a second end of the interior flap (fig. 5, layer 53) are sewn into an edge of the rear center of the waistband (fig. 5).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with sewing method for securing the second end of the zipper track, the second end of the interior flap and the second end of the exterior flap to the garment as suggested by Stradley as securing by stitching provides durability and strength to withstand stress from movement and wear to the garment.
Regarding claim 33, the modified structure Ballard-Gonzalez does not teach a second end of the zipper track, a second end of the exterior flap, and a second end of the interior flap are sewn into an edge of the rear center of the waistband.
However, in the same field of endeavor, Stradley teaches a second end of the zipper track (fig. 5, zipper 52), a second end of the exterior flap (fig. 5, flaps by layer 12), and a second end of the interior flap (fig. 5, layer 53) are sewn into an edge of the rear center of the waistband (fig. 5).
It would have been obvious to one of the ordinary skill in the art before the effective filing date of the invention to combine the modified structure Ballard-Gonzalez with sewing method for securing the second end of the zipper track, the second end of the interior flap and the second end of the exterior flap to the garment as suggested by Stradley as securing by stitching provides durability and strength to withstand stress from movement and wear to the garment.
Response to Arguments
Applicant’s arguments, dated 12/08/2025, with respect to the rejection of claims under 35 U.S.C 112 (b) have been fully considered and are persuasive. The rejection to the claims has been withdrawn due to the applicant amendments.
Applicant’s arguments, dated 12/08/2025, with respect to the rejections of claims under 35 U.S.C 103 have been fully considered but are moot because the new ground of rejection does not rely on combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See form PTO-892.
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/UYEN T NGUYEN/Examiner, Art Unit 3732