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
Applicant’s amendment, filed 11 July 2025, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 8-9, 15, 18
Newly Added
21-23
Withdrawn
6-7, 11-12, 16, and 19-20; claims 11-12 are improperly identified as “original” and should be –withdrawn--
Canceled
4-5 and 13-14
Pending
1-3, 6-12, and 15-23
Presented for Examination
1-3, 8-12, 15, 17-18, and 21-23
Response to Arguments
Applicant's arguments filed 11 July 2025 have been fully considered but they are not persuasive.
Election
The requirement was made final in the previous office action. Applicant argues the subject matter of claims 11-12 is supported by the specification. Claim 11 requires “an elastic region.” Para. 0034 discloses “some embodiments” have an elastic region. There is no support for the elected embodiment having an elastic region, and the figures do not show the elected embodiment having an elastic region.
Drawing Objections
The replacement figures are not entered because they introduce new matter. However, some of the amendments to the figures would be sufficient to overcome the drawing objections. The treatment of the figures is set forth below.
Claim Objections, 112(b) Rejections, 102 Rejections
The amendments to claim 1 overcome the objection and rejections, and the objection and rejections are withdrawn.
Applicant argues Holsinger’s opening is too small to reveal the wearer’s back pelvic region. This is not commensurate with the claims. The claims do not specify how big the opening should be nor do they specify how much of the wearer’s back pelvic region should be revealed in the open position.
Applicant argues Holsinger is configured to be pulled out and not down. This is not persuasive. The edge is capable of being pulled down, at least as far as it is capable of being pulled out, due to the elasticity of the edge and the flexibility of the garment.
Election/Restrictions
The elected embodiment is Species A, shown in figures 1A-2H.
Drawings
The drawings were received on 11 July 2025. These drawings are not acceptable.
Figures 1I, 1J, and 1K introduce new matter which is the sleeves and their respective size, shape, and position in figs 1I and 1J and the neckline and its size, shape, and position in fig 1K.
Replacement figure 2D which adds a reference number for the detachable fasteners 215 appears to be new matter. The disclosure has support for broader “detachable linkages” which could reasonably be a frictional attachment absent of fasteners. Original figure 2D appears to show this, because there are no fasteners shown in original figure 2D, or at least what one of ordinary skill would recognize to be a fastener. Therefore, the introduction of detachable fasteners 215 in fig 2D appears to be new matter.
Replacement figures 1D and 2D which add a reference number for the front attachment would be sufficient to overcome the drawing objection for failure to show the front attachment.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “front attachment” (claims 1-3 and 18; this objection would be obviated by 7/11/2025 replacement figures 1D and 2D), “detachable fastener” (claim 3), the opening of claim 1 in combination with the back openable and closable opening of claim 15, the opening of claim 1 in combination with the narrow slit opening of claim 22 (para. 0032 has support for the opening 140 BEING a narrow slit opening, but claim 22 requires an opening AND a narrow slit opening, which is not supported by the disclosure), the short-sleeve top, three-quarter sleeve top, long sleeve top, bra top, one shoulder top (claim 23), the overdress of claim 1 in combination with “skirt, skort, pants, or leggings” of claim 23 (FIGS 1A-2H appear to support the lower covering being shorts, but not any of the other garment types; section “b” in claim 23 appears to be referencing embodiment 300 as discussed in para. 0042 but not the elected embodiment), the upper covering of the liner being short-sleeve top, three-quarter sleeve top, long sleeve top, bra top, one shoulder top, (claim 17, FIGS 1A-2H show the upper covering is a sleeveless or two shoulder top but not any of the other types of top), the lower covering of the liner being a skirt, skort, pants, or leggings (claim 17, FIGS 1A-2H show the lower covering is shorts, but not any of the other types of bottoms), the garment having an overdress in addition to being a dress, onesie, romper, or bodysuit as required by claim 17, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Examiner believes the claimed “front attachment” is equivalent to the disclosed “frontal attachment” and claimed “detachable fastener” is equivalent to the disclosed “detachable linkages.” This drawing objection may be overcome by providing one or more of figures 1A-2H with a reference number for the “front attachment” and “detachable fastener,” or by canceling these recitations from the claims.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The amendment filed 11 July 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: the underlined portions of paras. 0018 and 0028.
Applicant is required to cancel the new matter in the reply to this Office Action.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
the opening of claim 1 in combination with the back openable and closable opening of claim 15, the opening of claim 1 in combination with the narrow slit opening of claim 22 (para. 0032 has support for the opening 140 BEING a narrow slit opening, but claim 22 requires an opening AND a narrow slit opening, which is not supported by the disclosure), the overdress of claim 1 in combination with “skirt, skort, pants, or leggings” of claim 23 (FIGS 1A-2H appear to support the lower covering being shorts, but not any of the other garment types; section “b” in claim 23 appears to be referencing embodiment 300 as discussed in para. 0042 but not the elected embodiment), the upper covering of the liner being short-sleeve top, three-quarter sleeve top, long sleeve top, bra top, one shoulder top, (claim 17, FIGS 1A-2H show the upper covering is a sleeveless or two shoulder top but not any of the other types of top), the lower covering of the liner being a skirt, skort, pants, or leggings (claim 17, FIGS 1A-2H show the lower covering is shorts, but not any of the other types of bottoms), the garment having an overdress in addition to being a dress, onesie, romper, or bodysuit as required by claim 17.
Claim Objections
Claim 15 is objected to because of the following informalities: the recitation “overdress” is added to the claim without being underlined. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-3, 8-12, 15, 17-18, and 21-23 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 structurally recites “the wearer’s upper body and lower body” in line 2 which is nonstatutory subject matter.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15, 17, and 22-23 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter is the opening of claim 1 in combination with the back openable and closable opening of claim 15, the opening of claim 1 in combination with the narrow slit opening of claim 22 (para. 0032 has support for the opening 140 BEING a narrow slit opening, but claim 22 requires an opening AND a narrow slit opening, which is not supported by the disclosure), the overdress of claim 1 in combination with “skirt, skort, pants, or leggings” of claim 23 (FIGS 1A-2H appear to support the lower covering being shorts, but not any of the other garment types; section “b” in claim 23 appears to be referencing embodiment 300 as discussed in para. 0042 but not the elected embodiment), the upper covering of the liner being short-sleeve top, three-quarter sleeve top, long sleeve top, bra top, one shoulder top, (claim 17, FIGS 1A-2H show the upper covering is a sleeveless or two shoulder top but not any of the other types of top), the lower covering of the liner being a skirt, skort, pants, or leggings (claim 17, FIGS 1A-2H show the lower covering is shorts, but not any of the other types of bottoms), the garment having an overdress in addition to being a dress, onesie, romper, or bodysuit as required by claim 17.
Claim Rejections - 35 USC § 112(b)
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.
Claims 15 and 17 are 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 15 recites the limitation "the lining" in line 2. There is insufficient antecedent basis for this limitation in the claim. The claims have support for a liner, but not a lining.
Claim 17 is indefinite because it is not clear how the combination overdress and liner of claim 1 is a dress, onesie, romper, or a bodysuit as required by claim 17. In claim 1, the garment is the combination of an overdress and a liner. How is the overdress related to the dress, onesie, romper, or bodysuit? Are the dress, etc. in addition to the overdress or is the overdress one of the dress, etc.?
Claim Rejections - 35 USC § 103
Claim(s) 1, 8-9, 15, 17, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holsinger (US 20140317828 A1) in view of Lawrence (https://cloudmom.com/how-to-dress-a-newborn-baby-in-a-onesie/).
As to claim 1, Holsinger discloses a garment for wearer accessibility (combination of Holsinger’s “BABY BODYSUIT WITH OPENING FOR DIAPER CHECK,” title, and Lawrence’s overdress as set forth in the modification below), the garment comprising:
a liner (combination of the upper and lower coverings set forth below), the liner comprising:
an anterior torso portion for at least partially covering a wearer's front torso (see annotated fig 4 below);
a posterior torso portion for at least partially covering the wearer's back torso, the posterior torso portion having a lower edge, and wherein the anterior and posterior torso portions form an upper covering for covering at least a portion of the wearer's upper body (see annotated fig 4 below);
an anterior pelvic portion for at least partially covering the wearer's front pelvic area (see annotated fig 4 below); and
a posterior pelvic portion for at least partially covering the wearer's back pelvic area, the posterior pelvic portion having an upper edge, and wherein the anterior and posterior pelvic portions form a lower covering for covering at least a portion of the wearer's lower body (see annotated fig 4 below);
wherein the anterior torso portion and the anterior pelvic portion comprise a front attachment for securing the upper covering to the lower covering (to the degree shown in Applicant’s figures; see annotated fig 4 below);
wherein the lower edge of the posterior torso portion and the upper edge of the posterior pelvic portion are unattached (in the configuration shown in fig 4), when the posterior pelvic portion and the posterior torso portion are moved apart from each other (as in fig 4), an opening for wearer accessibility is formed therein between (opening 18); and
wherein the posterior pelvic portion comprises an extendible region (12 including 18; para. 0018 discloses 18 can be made with elastic), the extendible region configured to extend when the posterior pelvic portion is pulled down (figs 1-2 show the extendible region pulling when extended, capable of being pulled down due to the elasticity and depending on which direction the wearer is facing or lying), the extendible region having:
a raised position for securing the posterior pelvic portion to the wearer to conceal the wearer's back pelvic area (fig 2, where 10 and 12 are flush with one another), and
a lowered position to reveal the wearer's back pelvic area by forming the opening (18) for wearer accessibility (fig 4, shown in broken lines), and
wherein the extendible region being extendible from the raised position to the lowered position returnable to said raised position (capable of being extended and returned, see fig 2, where 10 and 12 are flush with one another, see FIG 4).
Holsinger does not disclose an overdress covering at least a portion of the wearer's upper and lower body, the liner attached to the overdress by one or more attachments points.
Lawrence teaches “This comfortable onesie design renders the onesie easy to wear by itself (in summer), underneath a pair of pants or a dress, and on top of leggings, pants, or a skirt,” which is a recitation that it is known to provide an overdress (dress), the liner (onesie) attached (at least frictionally) to the overdress by one or more attachment points (points where the dress and onesie are in frictional contact).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide an overdress, for the purpose of thermal insulation and aesthetics.
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As to claim 8, Holsinger discloses the garment of claim 1, wherein at least a part of the posterior pelvic portion comprises the extendible region (12).
As to claim 9, Holsinger discloses the garment of claim 8, wherein the entire posterior pelvic portion comprises the extendible region (12).
As to claim 15, Holsinger as modified discloses the garment of claim 1, comprising a back openable and closable opening in one or both of the lining and the overdress (Holsinger’s lining comprises a back openable and closeable opening 18).
As to claim 17, Holsinger discloses the garment of claim 1, wherein:
a) the upper covering is a sleeve-less top, short-sleeve top (Holsinger figs 1 and 3), three-quarter sleeve top, long sleeve top, bra top, one shoulder top, or two shoulder top;
b) the lower covering is a skirt, skort, shorts (Holsinger fig 1), pants, or leggings; and/or
c) the garment is a dress, onesie, romper, or a bodysuit (Lawerence’s dress).
As to claim 21, Holsinger discloses the garment of claim 1, wherein the lower edge of the posterior torso portion and the upper edge of the posterior pelvic portion overlap when worn (FIG 4).
As to claim 22, Holsinger discloses the garment of claim 1, wherein when the extendible region is in the raised position, a narrow slit opening is formed between the posterior pelvic portion and the posterior torso portion (FIGS 1-2).
As to claim 23, Holsinger as modified discloses the garment of claim 1, wherein: a) the overdress is a sleeve-less overdress, short-sleeve overdress, three-quarter sleeve overdress, long sleeve overdress, or one shoulder overdress; and/or b) the lower covering is a skirt, skort, shorts (Holsinger FIG 3), pants (Holsinger FIG 3), or leggings.
Claim(s) 2-3 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holsinger (US 20140317828 A1) in view of Lawrence (https://cloudmom.com/how-to-dress-a-newborn-baby-in-a-onesie/) as applied to claim 1 above, and further in view of Artzt (US 2437988 A).
As to claim 2, Holsinger does not disclose the garment of claim 1, wherein the front attachment extends at least partially across the front of the wearer when the garment is worn.
It is noted that Applicant’s figures do not support a front attachment, so the claim and prior art are interpreted as best understood.
As set forth in the rejection of claim 1 above, Holsinger’s side seam corresponds to the front attachment as it is defined in claim 1; but Holsinger’s side seam does not extend at least partially across the front of the wearer when the garment is worn.
Artzt teaches a similar garment (“garment,” title) including side seams at 48 in fig 1 as well as a front attachment at 58 in fig 3 that extends at least partially across the front of the wearer when the garment is worn.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Holsinger anterior torso and pelvic portions with a front attachment (in addition to Holsinger’s side seam) as taught by Artzt, for the purpose of allowing portions of the garment front to be selectively opened and closed.
As to claim 3, Holsinger does not disclose the garment of claim 1, wherein the front attachment comprises a detachable fastener for releasable attachment of the anterior torso portion to the anterior pelvic portion.
It is noted that Applicant’s figures do not support a front attachment comprising a detachable fastener, so the claim and prior art are interpreted as best understood.
As set forth in the rejection of claim 1 above, Holsinger’s side seam corresponds to the front attachment as it is defined in claim 1; but Holsinger’s side seam does not comprise a detachable fastener for releasable attachment of the anterior torso portion to the anterior pelvic portion.
Artzt teaches a similar garment (“garment,” title) including side seams at 48 in fig 1 as well as a front attachment at 58 in fig 3 that comprises a detachable fastener for releasable attachment of the anterior torso portion to the anterior pelvic portion (buttons or other fastening means 64; col 3 line 65-70).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Holsinger anterior torso and pelvic portions with a front attachment (in addition to Holsinger’s side seam) as taught by Artzt, for the purpose of allowing portions of the garment front to be selectively opened and closed.
As to claim 18, Holsinger does not disclose the front attachment extends across the width of the anterior torso and anterior pelvic portions.
It is noted that Applicant’s figures do not support a front attachment, so the claim and prior art are interpreted as best understood.
As set forth in the rejection of claim 1 above, Holsinger’s side seam corresponds to the front attachment as it is defined in claim 1; but Holsinger’s side seam does not extend across the width of the anterior torso and anterior pelvic portions.
Artzt teaches a similar garment (“garment,” title) including side seams at 48 in fig 1 as well as a front attachment at 58 in fig 3 that extends across the width of the anterior torso and anterior pelvic portions.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Holsinger anterior torso and pelvic portions with a front attachment (in addition to Holsinger’s side seam) as taught by Artzt, for the purpose of allowing portions of the garment front to be selectively opened and closed.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holsinger (US 20140317828 A1) as applied to claim 8 above, and further in view of Watlington (US 6223352 B1).
As to claim 10, Holsinger does not disclose the garment of claim 8, wherein the posterior pelvic portion is made from a 2-way or a 4-way stretch material.
It is noted that all stretch material is necessarily 2- or 4-way stretch.
Watlington teaches a similar garment (“infant clothing,” title) including the posterior pelvic portion is made from a 2-way or a 4-way stretch material (col 2 line 5-10 discloses the entire garment which includes a posterior pelvic portion is “stretchy material,” which is necessarily 2- or 4-way stretch).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the posterior pelvic portion of Holsinger in a 2-way or a 4-way stretch material for the purpose of providing an appropriate material for infants (Watlington col 2 lien 5-10) that is breathable, washable, and comfortable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732