DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on January 2, 2024 in which claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Eubank (1,489,936).
Regarding claim 1, Eubank teaches, A cuffed garment comprising: a garment having a cuff at an end of each sleeve including a first upper cufflink opening and a first lower cufflink opening positioned along a first longitudinal edge of said cuff, and a second upper cufflink opening and a second lower cufflink opening positioned along an opposing second longitudinal edge of said cuff; wherein said first upper cufflink opening and said second upper cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first lower cufflink opening and said second lower cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first upper cufflink opening and said second upper cufflink opening having a first cufflink inserted therethrough; and further wherein said first lower cufflink opening and said second lower cufflink opening having a second cufflink inserted therethrough (“When the cuff is folded along the lines A and C it is readily apparent that the wearer of the cuff has the advantage of two clean portions of the cuff which may be easily and conveniently transposed upon the wristband of the shirt sleeve. Two more clean portions of the cuff are similarly brought into use by folding the cuff along the lines B and D. Thus it will be seen that the outside surface of my endless cuff has four separate and distinct portions which may be quickly and conveniently brought into use.”, page 1. Col. 2 ln. 88-99, “in Figure 3 the cuff is folded along the lines A and C. causing button holes 1 and 3 to register with each other and also button holes 2 and 4. This folding of the cuff also causes button holes 5 and 7 to register with each other and also button holes 6 and 8. Button holes 5 and 7 are placed into registry with button hole 12 in the wristband of the shirt sleeve, and button holes 6 and 8 are placed into registry with button hole 13 in the wristband, and the cuff is attached to, the wristband of the shirt sleeve by means of a button or cuff link inserted through button holes 5, 7, 6 and S in the cuff and 12 and 13 in the wristband. The cuff is fastened together around the wrist by means of a button or cufflink inserted through button holes 1, 3, 2 and 4 in the cuff.”, page 1-2, Col. 2-3 ln. 107-15, therefore, A cuffed garment (figures 2 and 3) comprising: a garment having a cuff at an end of each sleeve (figures 2 and 3) including 1 and 12 positioned along a first longitudinal edge of said cuff, and 2 opening and 13 positioned along an opposing second longitudinal edge of said cuff; wherein 1 and 2 are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein 12 and 13 are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein 1 and 2 opening having a first cufflink inserted therethrough (“cufflink inserted through button holes 1, 3, 2 and 4”); and further wherein 12 and 13 having a second cufflink inserted therethrough (“cuff link inserted through button holes 5, 7, 6 and S in the cuff and 12 and 13”), figures 2 and 3).
Regarding claim 2, Eubank teaches, wherein said first upper cufflink opening, said second upper cufflink opening, said first lower cufflink opening, and said second lower cufflink opening are of the same size (wherein said 1, said 2, said 12, and said 13 are of the same size, figures 2 and 3).
Claims 1-2, and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Henderson (2016/0213069).
Regarding claim 1, Henderson teaches, A cuffed garment comprising: a garment having a cuff at an end of each sleeve including a first upper cufflink opening and a first lower cufflink opening positioned along a first longitudinal edge of said cuff, and a second upper cufflink opening and a second lower cufflink opening positioned along an opposing second longitudinal edge of said cuff; wherein said first upper cufflink opening and said second upper cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first lower cufflink opening and said second lower cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first upper cufflink opening and said second upper cufflink opening having a first cufflink inserted therethrough; and further wherein said first lower cufflink opening and said second lower cufflink opening having a second cufflink inserted therethrough (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], “FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, A cuffed garment (figures 1 and 4) comprising: a garment having 10 at an end of each sleeve (figures 1 and 4) including 24A and 24B positioned along a first longitudinal edge of 10, and 22A and 22B positioned along an opposing second longitudinal edge of 10; wherein 24A and 22A are positioned to overlap and align with each other when 10 is folded around a wearer’s wrist; wherein 24B and 22B are positioned to overlap and align with each other when 10 is folded around a wearer’s wrist; wherein 24A and 22A having a first cufflink (“cuff links (not shown)”, [0014]) inserted therethrough; and further wherein 24B and 22B having a second cufflink (“cuff links (not shown)”, [0014]) inserted therethrough, figures 1 and 4, annotated figure 4).
Regarding claim 2, Henderson teaches, wherein said first upper cufflink opening, said second upper cufflink opening, said first lower cufflink opening, and said second lower cufflink opening are of the same size (wherein said 24A, said 22A, said 24B, and said 22B are of the same size, figures 1 and 4, annotated figure 4).
Regarding claim 12, Henderson teaches, A method of forming cuffs for dual cufflinks in a garment, the method comprising the steps of: selecting a position of a plurality cufflink holes on each cuff at the end of each sleeve of a garment; cutting an incision at each of the selected positions on said each cuff for forming said plurality of cufflink holes; reinforcing edges of said plurality of cufflink holes, wherein said plurality of cufflink holes on said each cuff having a first upper cufflink opening and a first lower cufflink opening positioned along a first longitudinal edge of said each cuff, and a second upper cufflink opening and a second lower cufflink opening positioned along an opposing second longitudinal edge of said each cuff; positioning said first upper cufflink opening and said second upper cufflink opening to overlap and align with each other when said each cuff is folded around a wearer’s wrist; positioning said first lower cufflink opening and said second lower cufflink opening to overlap and align with each other when said each cuff is folded around a wearer’s wrist; inserting a first cufflink through said first upper cufflink opening and said second upper cufflink opening; and inserting a second cufflink through said first lower cufflink opening and said second lower cufflink opening (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], “FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, A method of forming cuffs for dual cufflinks in a garment, the method comprising the steps of: selecting a position of 24A/24B/22A and 22B on 10 at the end of each sleeve of a garment; cutting an incision at each of the selected positions on said each 10 for forming said 24A/24B/22A/22B; reinforcing edges of 24A/24B/22A/22B, wherein said 24A/24B/22A/22B on said each cuff having 24A and 24B positioned along a first longitudinal edge of said each cuff, and 22A and 22B along an opposing second longitudinal edge of said 10; positioning 24A and 22A to overlap and align with each other when said 10 is folded around a wearer’s wrist; positioning 24B and 22B to overlap and align with each other when said 10 is folded around a wearer’s wrist; inserting a first cufflink (“cuff links (not shown)”) through 24A and 22A; and inserting a second cufflink (“cuff links (not shown)”) through 24B and 22B, figures 1 and 4, annotated figure 4, Examiner notes: Applicant’s specification discloses in [0036], “Thereafter, edges of each cufflink hole are reinforced to prevent further fraying or tearing (Step 506). The reinforcing can be done using small and neat stitches sewn around the edges of each hole or opening.”, therefore, an incision is cut for forming the plurality of cufflink holes and the edges of the plurality of cufflink holes are reinforced and have reinforced edges as claimed).
Regarding claim 13, Henderson teaches, wherein said reinforcing edges of said plurality of cufflink holes include sewing stitches around the edges of each of said plurality of cufflink holes (wherein said reinforcing edges of 24A/24B/22A/22B include sewing stitches around the edges of each of said 24A/24B/22A/22B, annotated figure 4).
Regarding claim 14, Henderson teaches, wherein said plurality of cufflink holes on each cuff include at least a pair of cufflink holes (wherein said 24A/24B/22A/22B on each 10 include at least a pair of cufflink holes, [0014], figure 4, annotated figure 4).
Regarding claim 15, Henderson teaches, wherein said first upper cufflink opening, said second upper cufflink opening, said first lower cufflink opening, and said second lower cufflink opening are of the same size (wherein said 24A, said 22A, said 24B, and said 22B are of the same size, figures 1 and 4, annotated figure 4).
Regarding claim 16, Henderson teaches, wherein said garment having a sleeve connecting edge between said each cuff and said each sleeve, and a terminal edge at an end of said each cuff (wherein said garment having an annotated sleeve connecting edge between said each 10 and said each sleeve, and an annotated terminal edge at an end of said 10, figures 1 and 4, annotated figure 4).
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 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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3-11, and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Henderson (2016/0213069).
Regarding claim 3, Henderson teaches, wherein said cuffed garment having a sleeve connecting edge between said cuff and said sleeve, and a terminal edge at an end of said cuff, and further wherein said first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge (wherein said cuffed garment (figures 1 and 4) having an annotated sleeve connecting edge between 10 and said sleeve, and a terminal edge at an end of 10, and further wherein 24A and 24B positioned below said annotated sleeve connecting edge, figures 1 and 4, annotated figure 4).
Regarding claim language “wherein said first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, even though Henderson does not specifically disclose the “0.35 inches to 0.50 inches below” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Regarding claim 4, Henderson teaches, wherein said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff (wherein 24A and 24B positioned above said annotated terminal edge of 10, annotated figure 4).
Regarding claim language “said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between terminal edge and the first and second lower cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff”, even though Henderson does not specifically disclose the “1.00 inches to 1.25 inches above” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between the terminal end and the first and second lower cufflink openings.
Regarding claim 5, Henderson teaches, wherein said first cufflink is different from said second cufflink (“FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, wherein said first cufflink (“cuff links (not shown)”) is different from said second cufflink (“cuff links (not shown)”), figure 4).
Regarding claim 6, Henderson teaches, wherein said cuffed garment is selected from a group consisting of a shirt, a jacket, and a blazer (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], therefore, wherein said cuffed garment (figures 1 and 4) is selected from a group consisting of a shirt, a jacket, and a blazer, figures 1 and 4).
Regarding claim 7, Henderson teaches, A cuffed garment comprising: a garment having a cuff at an end of each sleeve; wherein said each sleeve having a first upper cufflink opening and a first lower cufflink opening positioned along a first longitudinal edge of said cuff, and a second upper cufflink opening and a second lower cufflink opening positioned along an opposing second longitudinal edge of said cuff; wherein said first upper cufflink opening and said second upper cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first lower cufflink opening and said second lower cufflink opening are positioned to overlap and align with each other when said cuff is folded around a wearer’s wrist; wherein said first upper cufflink opening and said second upper cufflink opening having a first cufflink inserted therethrough; wherein said first lower cufflink opening and said second lower cufflink opening having a second cufflink inserted therethrough; wherein said cuffed garment having a sleeve connecting edge between said cuff and said sleeve, and a terminal edge at an end of said cuff; and further wherein said first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], “FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, A cuffed garment (figures 1 and 4) comprising: a garment (figures 1 and 4) having 10 at an end of each sleeve; wherein said each sleeve having 24A and 24B positioned along a first longitudinal edge of 10, and 22A and 22B positioned along an opposing second longitudinal edge of 10; wherein 24A and 22A are positioned to overlap and align with each other when 10 is folded around a wearer’s wrist; wherein 24B and 22B are positioned to overlap and align with each other when 10 is folded around a wearer’s wrist; wherein 24A and 22A having a first cufflink (“cuff links (not shown)”) inserted therethrough; wherein 24B and 22B having a second cufflink (“cuff links (not shown)”) inserted therethrough; wherein said cuffed garment (figures 1 and 4) having an annotated sleeve connecting edge between 10 and said sleeve, and an annotated terminal edge at an end of 10; and further wherein 24A and 22A positioned below said annotated sleeve connecting edge, figures 1 and 4, annotated figure 4).
Regarding claim language “wherein said first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, even though Henderson does not specifically disclose the “0.35 inches to 0.50 inches below” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Regarding claim 8, Henderson teaches, wherein said first upper cufflink opening, said second upper cufflink opening, said first lower cufflink opening, and said second lower cufflink opening are of the same size (wherein said 24A, said 22A, said 24B, and said 22B are of the same size, figures 1 and 4, annotated figure 4).
Regarding claim 9, Henderson teaches, wherein said first lower cufflink opening and said second lower cufflink opening positioned above said terminal edge of said cuff (wherein 24A and 24B positioned above said annotated terminal edge of 10, annotated figure 4).
Regarding claim language “said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between terminal edge and the first and second lower cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff”, even though Henderson does not specifically disclose the “1.00 inches to 1.25 inches above” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between the terminal end and the first and second lower cufflink openings.
Regarding claim 10, Henderson teaches, wherein said first cufflink is different from said second cufflink (“FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, wherein said first cufflink (“cuff links (not shown)”) is different from said second cufflink (“cuff links (not shown)”), figure 4).
Regarding claim 11 , Henderson teaches, wherein said cuffed garment is selected from a group consisting of a shirt, a jacket, and a blazer (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], therefore, wherein said cuffed garment (figures 1 and 4) is selected from a group consisting of a shirt, a jacket, and a blazer, figures 1 and 4).
Regarding claim 17, Henderson teaches, wherein said first upper cufflink opening and said second upper cufflink opening positioned from below said sleeve connecting edge (wherein said cuffed garment (figures 1 and 4) having an annotated sleeve connecting edge between 10 and said sleeve, and a terminal edge at an end of 10, and further wherein 24A and 24B positioned from below said annotated sleeve connecting edge, figures 1 and 4, annotated figure 4).
Regarding claim language “wherein said first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge”, even though Henderson does not specifically disclose the “0.35 inches to 0.50 inches below” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first upper cufflink opening and said second upper cufflink opening positioned from 0.35 inches to 0.50 inches below said sleeve connecting edge, would provide the user the ability to more easily insert the cufflinks due to the spacing between the sleeve connecting edge and the first and second upper cufflink openings.
Regarding claim 18, Henderson teaches, wherein said first lower cufflink opening and said second lower cufflink opening positioned from above said terminal edge of said each cuff (wherein 24A and 24B positioned from above said annotated terminal edge of each 10, annotated figure 4).
Regarding claim language “said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said each cuff”, applicant provides no specific reasoning or unexpected result for requiring this dimension and consequently it would merely be a change in size or shape. With regards size and dimensions, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making said first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said each cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between terminal edge and the first and second lower cufflink openings.
Additionally, Absent a showing of criticality with respect to “positioned from 1.00 inches to 1.25 inches above said terminal edge of said each cuff”, even though Henderson does not specifically disclose the “1.00 inches to 1.25 inches above” as claimed, Applicant’s Specification discloses in [0029], “The position and shape of the cufflink holes 106, 112, 108, 114 can be customized as per the design and manufacturing requirements of the dual cufflink holes shirt 100.”, therefore, it, would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Henderson to make the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said each cuff, such modification would be considered a mere choice of size and dimension, it has been held 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 see MPEP 2144.04(lV)(a). Here, by making the first lower cufflink opening and said second lower cufflink opening positioned from 1.00 inches to 1.25 inches above said terminal edge of said each cuff, would provide the user the ability to more easily insert the cufflinks due to the spacing between the terminal end and the first and second lower cufflink openings.
Regarding claim 19, Henderson teaches, wherein said first cufflink is different from said second cufflink (“FIG. 4 shows a second embodiment of the two-tab cuff closure designed to allow the use of cuff links (not shown). This embodiment employs a pair of apertures 24 adjacent to edge 14. Fasteners 18 are positioned adjacent apertures 24. This arrangement permits a user to employ cuff links or button fasteners, as desired, to secure the cuffs.”, [0014], therefore, wherein said first cufflink (“cuff links (not shown)”) is different from said second cufflink (“cuff links (not shown)”), figure 4).
Regarding claim 20, Henderson teaches, wherein said garment is selected from a group consisting of a shirt, a jacket, a blazer, and a coat. (“The two tab cuff closure is a closure for the sleeve(s) of a shirt.”, [0005], therefore, wherein said garment (figures 1 and 4) is selected from a group consisting of a shirt, a jacket, a blazer, and a coat, figures 1 and 4).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2,428,158 by Morton discloses a cuff with first and second upper openings and first and second lower openings, the first upper opening and first lower opening having a fastener inserted therethrough and the second upper opening and second lower opening having a fastener inserted therethrough.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732