Prosecution Insights
Last updated: April 17, 2026
Application No. 18/377,199

GARMENT

Non-Final OA §103§112
Filed
Oct 05, 2023
Examiner
QUINN, RICHALE LEE
Art Unit
3732
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
3 (Non-Final)
51%
Grant Probability
Moderate
3-4
OA Rounds
3y 5m
To Grant
81%
With Interview

Examiner Intelligence

Grants 51% of resolved cases
51%
Career Allow Rate
455 granted / 888 resolved
-18.8% vs TC avg
Strong +30% interview lift
Without
With
+29.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
29 currently pending
Career history
917
Total Applications
across all art units

Statute-Specific Performance

§101
3.8%
-36.2% vs TC avg
§103
41.6%
+1.6% vs TC avg
§102
30.4%
-9.6% vs TC avg
§112
21.7%
-18.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 888 resolved cases

Office Action

§103 §112
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/6/2026 has been entered. Claim 1 was amended. Claims 11-20 are cancelled. Claims 21-27 are newly added. Claims 1-10 and 21-27 have been examined on the merits. Drawings 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 snap extends through the twill tape and the garment fabric adjacent the pocket (Claim 25) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. 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. Claim Rejections - 35 USC § 112 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. Claim 25 is 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 newly added language “the snap extends through the twill tape and the garment fabric adjacent the pocket “ is not supported by the originally filed disclosure. Claim 27 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. Applicant recites “the twill tape comprises a reinforcement layer positioned between the snap and the garment fabric”. It is unclear if the applicant is attempting to claim and additional layer to the twill tape or if they applicant is reciting that the twill tape is a reinforcing layer. There is no support for an additional layer, the drawing not show and additional layer, and therefore the claim has been construed to mean the twill tape is a reinforcement layer positioned as claimed. Appropriate clarification is required. 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 25 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: how the snap extends through the twill tape and the garment fabric, and still creates a pocket. If the snap extends through both fabrics at the snap location they would be connected. It is unclear how the structure would be capable of functioning in the manner claimed if both fabrics are joined by the snap or if the snaps extends through both the fabric pieces. Appropriate clarification is required. 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, 2, 5,6, and 21-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Grgich et al. (US 2010/0095424) in view of Spearrin (US 2,489,053). The device of Grgich discloses, With respect to claim 1, A garment comprising: a front portion of a garment (Figure 1); and a back portion of the garment (Figure 6), herein the front portion of the garment and the back portion of the garment are releasably joined at a left side at a left pair of opposite shoulder portions of the garment using snaps (116, 118, 120), the left opposite shoulders portions each including a left portion strengthened using twill tape (para 0021), one side of the left portion strengthened using twill tape including at least one female snap (para 0021, the snaps are provided on the twill tape) and another side of the left portion strengthened using twill tape (para 0021) including at least one a male snap and at a right side at a right pair of opposite shoulder portions of the garment using snaps (para 0017), the right opposite shoulders portions each including a right portion strengthened using twill tape (para 0021), one side of the right portion strengthened using twill tape including at least one female snap (para 0021, the snaps are provided on the twill tape) and another side of the right portion strengthened using twill tape including at least one a male snap (para 0017). The device of Grgich et al. substantially discloses the claimed invention including that the tape holding the snaps is a twill material, but is lacking the specific attachment of tape, the twill tape being stitched such that the twill tape forms pockets. The device of Spearrin teaches a tape (15,27) having snaps incorporated into the surface of a garment, the tape (15) is stitched (20, 24) to the garment (10,13) such that the tape forms pockets (25; column 2, line 55); behind a subset of the snaps (Figure 2 and 4) the subset including at least one snap (21) and up to all of the snaps (Figure 2), each pocket (25) defining a space between the twill tape (15) and the garment fabric (10,13) sized to receive a user’s finger (Figure 4) behind the snap (21) to guide alignment and closure of the snaps. It is noted the language “to guide alignment and closure” is a functional recitation. The prior art provides pocket that is capable of functioning to guide align and closure when the finger of the user is inserted into the pocket and meets the claim as currently recited. See MPEP 2114. It would have been obvious to a person having ordinary skill in the art to utilize the attachment and stitching of the tape forming the snap pockets taught by Spearrin in combination with the twill tape snaps of Grgich et al. in order to provide support for snapping the fasteners and making closure easier (Column 3, lines 60-75) With respect to claim 2, wherein the garment is a shirt. It is noted that there is not garment structure provided, the prior art is capable as being worn as a shirt and meets the limitation as recited. With respect to claim 5, wherein the garment is a onesie. It is noted that there is no garment structure claimed, with respect to the attribute of a “onesie”. Therefore the one piece garment of Grgich meets the limitations of a onesie as currently required by the claim. With respect to claim 6, wherein the garment is a onesie for a baby, infant, or toddler. The limitation “for a baby, infant or toddler” is intended use. The prior art is capable of being worn on a baby, infant or toddler and therefore meets the claim. See MPEP 2114. With respect to claim 21, wherein the tape (15) is stitched (17) to the garment so that the tape (15) itself forms (20, 24) the pocket (25) behind each snap (21). With respect to claim 22, wherein the stitching (17, 20, 24) secures tape (15) to the garment (10,13) while maintaining a cavity (25) between the tape (15) and the garment (10,13) fabric defining the pocket (25). With respect to claim 23, wherein the tape is positioned and stitched (17, 20, 24) to the garment (10,13) so that a portion of the tape is spaced from the garment fabric (Figure 4) to form the pocket behind each snap. With respect to claim 24, wherein the pocket (35) extends along a length of the twill tape (Figure 2 and 4) sufficient to permit insertion of a user's finger (figure 4) behind the snap (21). With respect to claim 25, as best understood, wherein the snap (21) extends through the tape (15) and next to the garment fabric adjacent the pocket. With respect to claim 26, wherein the twill tape (para 0021, Grgich et al) reinforces the shoulder portion and in combination, maintains the pockets behind the snaps during repeated opening and closing of the snaps (figure 2 and 4). It is noted that the language during repeated opening and closing of the straps is a functional recitation. The snaps of the prior art are stitching and would be maintain the pocket behind the snaps are required by the claim see MPEP 2114. With respect to claim 27, as best understood, wherein the twill tape comprises a reinforcement layer (para 0021, Grgich et al.) positioned between the snap and the garment fabric. It would have been obvious to a person having ordinary skill in the art to utilize the attachment and stitching of the tape forming the snap pockets taught by Spearrin in combination with the twill tape snaps of Grgich et al. in order to provide support for each snap element and also making closure easier by allowing improved manipulation the fasteners (Column 3, lines 60-75) Claim(s) 1 – 6 and 9-10, 21-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Burrell, IV (US 2010/0125930) in view of Grgich et al. (US 2010/0095424) and Spearrin (US 2,489,053). The device of Burrell, IV disclose, With respect to claim 1, A garment comprising: a front portion of a garment (Figure 9); and a back portion of the garment (Figure 11), herein the front portion of the garment and the back portion of the garment are releasably joined at each of the right and left sides at a right and left pair of opposite shoulder portions (25) of the garment using snaps (34). The device of Burrell, IV substantially discloses the claimed inventio but is lacking twill tape. The device of Grgich et al. teaches, the left opposite shoulders portions each including a left portion strengthened using twill tape (para 0021), one side of the left portion strengthened using twill tape including at least one female snap and another side of the left portion strengthened using twill tape including at least one a male snap and at a right side at a right pair of opposite shoulder portions of the garment using snaps (para 0017), the right opposite shoulders portions each including a right portion strengthened using twill tape (para 0021), one side of the right portion strengthened using twill tape including at least one female snap and another side of the right portion strengthened using twill tape including at least one a male snap (para 0017). It would have been obvious to a person having ordinary skill in the art to utilize the twill tape taught by Grgich et al. in order to provide stability of the closures and improve the life of the garment. The modified device of Burrell IV substantially discloses the claimed invention including that the tape holding the snaps is a twill material, but is lacking the specific attachment of tape, the twill tape being stitched such that the twill tape forms pockets. The device of Spearrin teaches a tape (15,27) having snaps incorporated into the surface of a garment, the tape (15) is stitched (20, 24) to the garment (10) such that the tape forms pockets (25; column 2, line 55); behind a subset of the snaps (Figure 2 and 4) the subset including at least one snap (21) and up to all of the snaps (Figure 2), each pocket (25) defining a space between the twill tape (15) and the garment fabric (10,13) sized to receive a user’s finger (Figure 4) behind the snap (21) to guide alignment and closure of the snaps. It is noted the language “to guide alignment and closure” is a functional recitation. The prior art provides pocket that is capable of functioning to guide align and closure when the finger of the user is inserted into the pocket and meets the claim as currently recited. See MPEP 2114. It would have been obvious to a person having ordinary skill in the art to utilize the attachment and stitching of the tape forming the snap pockets taught by Spearrin in combination with the twill tape snaps of Grgich et al. in order to provide support for snapping the fasteners and making closure easier (Column 3, lines 60-75) With respect to claim 2, wherein the garment is a shirt (Figure 9). It is noted that there is not garment structure provided, the prior art is capable as being worn as a shirt and meets the limitation as recited. With respect to claim 3, , wherein the garment is a shirt for a baby, infant, or toddler (0001). With respect to claim 4, the device of Burrell IV substantially discloses the claimed invention but is silent with respect to how the seams/edges are finished. The device of Grgich et al teaches, wherein a bottom portion of the garment includes turnback (para 0024) with a double needle top stich (para 0014). The device of Grgich et al. is silent with respect to the measurement of the seam being ½ inch. The modified device of Burrell IV, does not disclose the measurement of the turnback. It has been cited by legal precedent in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984),cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The device claimed by the applicant would not perform differently than the prior art device of Grigh et al. and is therefore not patentably distinct. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize a ½ inch hem to provide adequate weight to hold the hem down and not curl upwards. With respect to claim 5, wherein the garment is a onesie (Figure 9). With respect to claim 6, wherein the garment is a onesie for a baby, infant, or toddler. (Burrell IV, para 0001). With respect to claim 9, wherein an arm hole (125) includes a turnback (para 0024) with a double needle top stitch (para 0014), wherein a neck trim (104) includes a self-fabric binding (para 0024), and wherein each strengthened portion includes a single needle edge stich (para 0014). The device of Grgich et al. is silent with respect to the measurement being 3/8 inch and 5/8 inch . The modified device of Burrell IV, does not disclose the measurement of the turnback and trim. However, It has been cited by legal precedent in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984),cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The device claimed by the applicant would not perform differently than the prior art device of Grigh et al. and is therefore not patentably distinct. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize a common seam and hem allowance of 3/8 inch and 5/8 inch in order to allow to provide adequate length to finish the seam and prevent fraying and allow for sizing adjustments if needed. With respect to claim 10, wherein the twill tape comprises 3/4 inch twill tape. The device of Grgich et al teaches a twill tape having a width, but is silent with respect to the measurement. However, It has been cited by legal precedent in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984),cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. The device claimed by the applicant would not perform differently than the prior art device of Grigh et al. and is therefore not patentably distinct. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize a ¾ inch twill tape to provide improved durability, versality, and stabilization of a high stress area on the garment. The modified device of Burrell substantially discloses the claimed invention but including the use of a twill tape, but is lacking the specific attachment of tape, the twill tape being stitched such that the twill tape forms pockets. With respect to claim 21, wherein the tape (15) is stitched (17) to the garment so that the tape (15) itself forms (20, 24) the pocket (25) behind each snap (21). With respect to claim 22, wherein the stitching (17, 20, 24) secures tape (15) to the garment (10, 13) while maintaining a cavity (25) between the tape (15) and the garment (10,13) fabric defining the pocket (25). With respect to claim 23, wherein the tape is positioned and stitched (17, 20, 24) to the garment (10,13) so that a portion of the tape is spaced from the garment fabric (Figure 4) to form the pocket behind each snap. With respect to claim 24, wherein the pocket (35) extends along a length of the twill tape (Figure 2 and 4) sufficient to permit insertion of a user's finger (figure 4) behind the snap (21). With respect to claim 25, as best understood, wherein the snap (21) extends through the tape (15) and next to the garment fabric adjacent the pocket. With respect to claim 26, wherein the twill tape (para 0021, Grgich et al) reinforces the shoulder portion and in combination, maintains the pockets behind the snaps during repeated opening and closing of the snaps (figure 2 and 4). It is noted that the language during repeated opening and closing of the straps is a functional recitation. The snaps of the prior art are stitching and would be maintain the pocket behind the snaps are required by the claim see MPEP 2114. With respect to claim 27, as best understood, wherein the twill tape comprises a reinforcement layer (para 0021, Grgich et al.) positioned between the snap and the garment fabric. It would have been obvious to a person having ordinary skill in the art to utilize the attachment and stitching of the tape forming the snap pockets taught by Spearrin in combination with the twill tape snaps of Grgich et al. in order to provide support for each snap element and also making closure easier by allowing improved manipulation the fasteners (Column 3, lines 60-75) Claim(s) 7-8, is/are rejected under 35 U.S.C. 103 as being unpatentable over Burrell IV, Grgich et al, and Spearrin as applied above, and further in view of Murray (US 2021/012776). The modified device of Burrell IV substantially discloses the claimed invention but is lacking a zipper portion, cuffed leg portion and cotton/polyester blend. The device of Murray teaches, With respect to claim 7, wherein the onesie includes a zippered portion (114) along an inner leg portion of the onesie (Figure 1). With respect to claim 8, wherein legs of the onesie are cuffed (132, 134, para 0045). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the zippered, cuffed, in order to provide the user with easy access, improved fit and comfort. Response to Arguments Applicant’s arguments have been considered but are not persuasive. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “the twill tape is folded and stitched to the garment” are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims do not required a folding step. It is noted however that the device of Spearrin does teach a tape (15) that is folded (19a) and stitched (17, 20, 24) to the garment. The claims are currently presented recite “wherein the twill tape is stitched to the garment such that the twill tape forms pockets […]” and do not require a folding step as asserted. The previous drawing objections of the final office action mailed on 10/07/2025 have been obviated by the cancellation of claim 18. New drawing objections are present based on the newly added subject matter. In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant argues that Grgich does not teach a pocket behind a snap. The examiner agrees. The device of Grgich is relied upon to provide a teaching of a twill tape having snap fasteners at the shoulder seams as required by the claims. The device of Spearrin is relied upon to provide a teaching of the fastening of a tape holding snap fasteners to the garment to form pockets. Applicant argues that the device of Spearrin does not teach “snap pockets”. Applicant argues that element 24 is a bar tacking stitching used to reinforce the attachment between the overlapping fly strips and does not form a pocket, create a cavity to produce a space between the reinforcement material and the garment fabric. Applicant further states that the pockets 25 arise only from the temporary separation of overlapping fabric layers when the fly flap is lifted and that the “pockets 25” are not structural pockets formed by a reinforcement material and are unrelated to snap fastening. The examiner respectfully asserts that this an improper interpretation of the cited reference. The overlapping fly flaps are shown most clearly in figure 1 (closed) and figure 2 (open), the fly flaps are formed by a first garment panel (10,13) and a second overlapping fabric panel (11, 26, 27). A tape (15) is joined to the panel (10) at 20 (Figure 2 and Figure 4) and also at 17 (figure 4). Therefore, the device of Spearrin does provide a teaching wherein the tape (15) does: form a pocket (25, on the lower fly panel 10, 13, that is independent of the upper fly panel 11) that is a structural component. The pocket (25) is capable for use, and shown (figure 4) to provide a structural pocket delineated on three sides by stitches 24 and stitches 20. create a cavity (25) to produce a space between the reinforcement material (15) and the garment fabric (10, see figure 4) the tape (15) forms a pocket (25) behind the subset of snaps (21; Figure 4), the subset includes at least one snap (21) each pocket (25) defines a space between the tape (15) and the garment fabric (10,13) side to receive a user’s finger (see figure 4) in the structural pocket (25). With respect to the applicants argument regarding “bar tacking” the specification recites that “equally spaced between the point of attachment to the series of stud elements (21) is a double bar tacking that secures the second fly strip (tape 15) directly to the fly strip (13) and thus provides a series of pockets (25). This feature is best shown in figures 2- 3, which shows the double bar stitching that secure the tape (15) to the garment (10, 13) and is only secured along a horizontal length of the tape (15) to the garment fly (10,13) such that pocket are formed on the lower fly panel (10) by the stitching (also known as bar tacking) 24. Additional stitching (20) is shown vertically delimiting the bottom edge of the pockets (25). The pockets are not formed only from the temporary separation of overlapping fabric layers when the fly flap is lifted as asserted by the applicant. The pockets are a structural arrangement on the lower garment panel (10, 13) formed by a tape (15) holding snaps (21) that is sewn on three sides forming finger pockets (25). Spearrin goes on the teach “in the closing up of the fly front by reason of the pockets (25) that are provided in the under right fly portion, it will be a relatively simple matter for the wear to slip ones thumb (finger) into the several pockets so as to support the under side of the stud members (21) while compressing the front of the upper-left fly portion by the index finger for snapping the series of separable snap fastener elements together in a manner as clearly shown in figure 4.” (column 3, lines 66-75) Applicant argues that the device of Spearrin does not disclose twill tape. The examiner agrees. The device of Grgich et al. is relied upon to show a garment having seams joined by snap formed on twill tape. Applicant further argues that the combination fails to provide a teaching of tape that is stitched to the garment to define pockets behind a subset of snaps. These argument are fully addressed above. Applicant arguments with respect to Burrell in view of Grgich et al. and Spearrin rehash the same arguments above. It is the applicant position that Burrell does not teach twill tape or a pocket behind a snap. The examiner agrees. It is the applicants position that Grgich et al. discloses twill tape that is a flat reinforcement. The examiner agrees. The applicant argues that Spearrin does not disclose twill tape. The examiner agrees. The applicant argues Spearrin does not teach a reinforcement tape forming a pocket behind a snap. The examiner disagrees. As discussed in greater detail above, the device of Spearrin teaches a tape (15) with snap fasteners joined to a garment panel (10, 13) and structurally defining a pocket by stitching on three sides (Figures 2) for use in inserting a finger into the structural pocket (figure 4; column 3, lines 66-75). In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Applicant arguments with respect to newly added claims 21-27 are addressed in the office action above. The Applicant's arguments are a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892. Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. RICHALE LEE. QUINN Primary Examiner Art Unit 3765 /RICHALE L QUINN/Primary Examiner, Art Unit 3732
Read full office action

Prosecution Timeline

Oct 05, 2023
Application Filed
Sep 18, 2024
Non-Final Rejection — §103, §112
Jan 21, 2025
Response Filed
Oct 03, 2025
Final Rejection — §103, §112
Dec 08, 2025
Response after Non-Final Action
Jan 05, 2026
Notice of Allowance
Jan 05, 2026
Response after Non-Final Action
Jan 26, 2026
Response after Non-Final Action
Mar 06, 2026
Request for Continued Examination
Mar 25, 2026
Response after Non-Final Action
Mar 27, 2026
Non-Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
51%
Grant Probability
81%
With Interview (+29.8%)
3y 5m
Median Time to Grant
High
PTA Risk
Based on 888 resolved cases by this examiner. Grant probability derived from career allow rate.

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