DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/25 has been entered.
Specification
The use of the term GORE-TEX (paragraphs 0025 and 0028), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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: support needs to be provided for “first position”, “second position” and “where the mini-sleeve and cuff are located, unbounded, outside the internal area of the pocket”.
Claim Rejections - 35 USC § 112
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 1-18 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.
Regarding claims 1, 7 and 13, it is unclear what structure is required to read on the limitation “unbounded” when referring to the mini-sleeve and cuff. Is there a structure required to read on this? The specification is silent as to what “unbounded” would require or not require.
Regarding claim 13, it is unclear what “the mini-sleeve” is referring to and how it is related to the garment structure and the cuff structure. Further, there is a lack of antecedent basis for this limitation in the claim.
Any remaining claims are rejected depending from a rejected base claim.
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 (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 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.
Claim(s) 1-3, 7-9 and 13-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boyd et al. (US 11,089,828).
In regard to claim 1, Boyd et al. teaches a garment (garment: 100), comprising: a pocket (pocket: 116) with an opening and an internal area (opening: 136 and internal area: see figures 1 and 6); a mini-sleeve comprising a first end with a first opening and a second end with a second opening (funnel shaped structure: 134), wherein the first end of the mini-sleeve is attached to the opening of the pocket (see figures 1 and 5: funnel opening 137 is attached to pocket opening edges 120, 124); and a cuff comprising a first end with a first opening and a second end with a second opening (column 11, lines 28-39, cuff/elastic band: 616), wherein the second opening of the mini-sleeve is attached to the first opening of the cuff (see figures 1 and 5); wherein the mini-sleeve (134) and the cuff (column 11, lines 28-39 and identifier 616) have a first position where the mini-sleeve and cuff are located, unbounded, outside of the internal area of the pocket (column 7, lines 19-25 and figure 1 detail a free floating sleeve/funnel that is capable of being positioned outside of the opening as desired), and a second position where the mini-sleeve and cuff are located inside the internal area of the pocket (as seen in figure 1); wherein second position is achieved by a wearer of the garment inserting their hand into the pocket, the mini-sleeve and the cuff to reach the internal area of the pocket, and in doing so, the mini-sleeve and the cuff are inverted inside-out and the cuff wraps around the wrist of the wearer, thereby reducing or eliminating a gap between the wearer’s wrist and the opening of the pocket (see figures 1 and 5 and column 7, lines 19-25, detailing that the funnel/sleeve is free floating without any additional attachment points/areas except for the pocket opening, a free floating sleeve/funnel structure is capable of being inverted and manipulated by the user’s hand to position in two different forms).
In regard to claim 2, Boyd et al. teaches wherein the pocket (116), the mini-sleeve (134) and the cuff (column 11, lines 28-39, identifier 616) define a continuous passageway from outside the garment to inside the internal area of the pocket (see figures 1, 5 and 6).
In regard to claim 3, Boyd et al. teaches wherein the opening of the pocket (120, 124) is a same size and shape as the first opening of the mini-sleeve (137, see figure 5).
In regard to claim 7, Boyd et al. teaches a garment (garment: 100), comprising: a pocket (pocket: 116) with an opening and an internal area (opening: 136 and internal area: see figures 1 and 5); a mini-sleeve comprising a first end with a first opening and a second end with a second opening (funnel shaped structure: 134), wherein the first end of the mini-sleeve is attached to the opening of the pocket (see figures 1 and 5 funnel opening 137 is attached to pocket opening edges 120, 124); and a cuff comprising a first end with a first opening and a second end with a second opening (column 11, lines 28-39 and identifier 616), wherein the second opening of the mini-sleeve is attached to the first opening of the cuff (see figures 1 and 5); wherein the mini-sleeve (134) is tapered from the second end of the mini-sleeve (see figures 1 and 5), attached to the first end of the cuff, to the first end of the mini-sleeve, attached to the pocket (see figures 1 and 5); wherein the mini-sleeve (134) and the cuff (column 11, lines 28-39 and identifier 616) have a first position where the mini-sleeve and cuff are located, unbounded, outside of the internal area of the pocket (column 7, lines 19-25 and figure 1 detail a free floating sleeve/funnel that is capable of being positioned outside of the opening as desired), wherein second position is achieved by a wearer of the garment inserting their hand into the pocket, the mini-sleeve and the cuff to reach the internal area of the pocket, and in doing so, the mini-sleeve and the cuff are inverted inside-out and the cuff wraps around the wrist of the wearer, thereby reducing or eliminating a gap between the wearer’s wrist and the opening of the pocket (see figures 1 and 5 and column 7, lines 19-25, detailing that the funnel/sleeve is free floating without any additional attachment points/areas except for the pocket opening, a free floating sleeve/funnel structure is capable of being inverted and manipulated by the user’s hand to position in two different forms).
In regard to claim 8, Boyd et al. teaches wherein the pocket (116), the mini-sleeve (134) and the cuff (column 11, lines 28-39 and identifier 616) define a continuous passageway from outside the garment to inside the internal area of the pocket (see figures 1, 5 and 6).
In regard to claim 9, Boyd et al. teaches wherein the opening of the pocket (120, 124) is a same size and shape as the first opening of the mini-sleeve (137, see figure 5).
In regard to claim 13, Boyd et al. teaches a garment (garment: 100), comprising: a pocket with an opening and an internal area (pocket: 116, opening 124, 120 and internal area: figure 1); and a cuff (funnel shaped structure: 134), comprising a first end with a first opening and a second end with a second opening (see figures 1-5), wherein the opening of the pocket is attached to the first opening of the cuff and wherein the cuff is elastic (see figure 5, opening to funnel/cuff: 137 is attached to 120 and 124 of pocket opening, column 8, lines 44-56 and/or column 11, lines 28-39), wherein the mini-sleeve (134) and the cuff (column 11, lines 28-39 and identifier 616) have a first position where the mini-sleeve and cuff are located, unbounded, outside of the internal area of the pocket (column 7, lines 19-25 and figure 1 detail a free floating sleeve/funnel that is capable of being positioned outside of the opening as desired), wherein second position is achieved by a wearer of the garment inserting their hand into the pocket, the mini-sleeve and the cuff to reach the internal area of the pocket, and in doing so, the mini-sleeve and the cuff are inverted inside-out and the cuff wraps around the wrist of the wearer, thereby reducing or eliminating a gap between the wearer’s wrist and the opening of the pocket (see figures 1 and 5 and column 7, lines 19-25, detailing that the funnel/sleeve is free floating without any additional attachment points/areas except for the pocket opening, a free floating sleeve/funnel structure is capable of being inverted and manipulated by the user’s hand to position in two different forms).
In regard to claim 14, Boyd et al. teaches wherein the pocket (116) and the cuff (134) define a continuous passageway from outside the garment to inside the internal area of the pocket (see figure 1).
In regard to claim 15, Boyd et al. teaches wherein the opening of the pocket is a same size and shape as the first opening of the cuff (see figure 5, opening to pocket: 120, 124 and opening to cuff is 137).
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) 5-6, 11-12 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyd et al. (US 11,089,828).
In regard to claims 5 and 11 Boyd et al. teaches wherein the mini-sleeve has a length (see figure 4-6). However, Boyd et al. fails to teach the mini-sleeve is between .5 inches and four inches in length specifically.
It would have been obvious before the effective filing date to one having ordinary skill in the art and through routine experimentation to have provided the mini-sleeve length of Boyd et al. to be between .5 inches and four inches based upon the size of the garment and the size of the user’s arm/hand to be inserted within the pocket. The mini-sleeve of Boyd et al. having a length of .5 inches to four inches would be a reasonable length of the mini-sleeve to fit a user’s arm/hand proportionally.
In regard to claims 6 and 12, Boyd et al. teaches wherein the mini-sleeve has a length (see figures 4-6). However, Boyd et al. fails to teach the mini-sleeve having a length of greater than two inches
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the mini-sleeve of Boyd et al. to have a length greater than two inches based upon the size of the garment and the size of the user’s arm/hand to be inserted within the pocket. The mini-sleeve of Boyd et al. having a length of greater than two inches would be a reasonable length of the mini-sleeve to fit a user’s arm/hand proportionally.
In regard to claim 17, Boyd et al. teaches wherein the cuff is between .5 inches and four inches in length (see figures 4-6).
It would have been obvious before the effective filing date to one having ordinary skill in the art and through routine experimentation to have provided the cuff length of Boyd et al. to be between .5 inches and four inches based upon the size of the garment and the size of the user’s arm/hand to be inserted within the pocket. The cuff of Boyd et al. having a length of .5 inches to four inches would be a reasonable length of the cuff to fit a user’s arm/hand proportionally.
In regard to claim 18, Boyd et al. teaches wherein the cuff has a length (see figures 4-6). However, Boyd et al. fails to teach the cuff having a length of greater than two inches
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the cuff of Boyd et al. to have a length greater than two inches based upon the size of the garment and the size of the user’s arm/hand to be inserted within the pocket. The cuff of Boyd et al. having a length of greater than two inches would be a reasonable length of the mini-sleeve to fit a user’s arm/hand proportionally.
Claim(s) 4, 10 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boyd et al. (US 11,089,828) in view of Jordan et al. (US 8,756,716).
Boyd et al. teaches a pocket with a mini-sleeve and a cuff comprising as detailed above, further, Boyd et al. teaches a fastener configured to close the pocket with the mini-sleeve and cuff inside the internal area of the pocket (column 8, lines 16-26, detailing that opening 136 can have a fastener closure system, which would close the pocket and the mini-sleeve and elastic therein).
However, Boyd et al. fails to teach the fastener of the closure system being a zipper.
In regard to claims 4, 10 and 16 Jordan et al. teaches a pocket with a zipper closure system that closes the pocket and a mini-sleeve therein: see figure 4 both zipper openings: 70, column 6, lines 21-25).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the closure system as taught by Boyd et al. with the zipper closure system as taught by Jordan et al., since the closure system of Boyd et al. being a zipper would provide a means to easily fasten and unfasten the pocket and mini-sleeve opening so as to secure items therein and provide a streamlined look the garment when the pocket and min-sleeve are not in use by the user’s hand.
Response to Arguments
Applicant's arguments filed 12/30/25 have been fully considered but they are not persuasive.
Applicant argues that Boyd et al. fails to teach the claim limitations as amended into the claims, since Boyd et al. fails to teach an unbounded mini-sleeve.
It is noted that the patent to Boyd et al. US 11, 089,828 has been used to reject the claims as amended, with a different embodiment as detailed above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached on (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732