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
This is in response to amendment received on 11/17/25. Claims 1-20 have been amended and are examined herein.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “41” has been used to designate both the wipe cloth and some other portion as illustrated in figures 6 and 8. 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. 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 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 the limitation “a pair of shoulder portions extending from a distal edge of the front portion and back portion” as amended into claim 1.
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 the limitation “side cover” as amended into claim 11.
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.
Claim 1 and the claims that depend therefrom 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. It is unclear what a distal edge of the front and back portions are. There is no discussion in the specification or originally filed disclosure that details what the distal edges of the front and back portions would be and if there are any. It is unclear what structure is required to read on the claim.
Claim 6 and the claims that depend therefrom 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. It is unclear what “the arm portion” is referring to, is this a structure of the cloth or some other structure? Further, there is a lack of antecedent basis for this limitation in the claim.
Claim 11 and the claims that depend therefrom 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. It is unclear how the front and back portions are adjoined with the side cover to form a barrier between the front and back portion edges. How would the side cover or the pair of shoulder portions be located between the front and back portions?
Claim 13 and the claims that depend therefrom 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. If is unclear if “the arm portions” are part of the drape or of the user, are they different than the detachable arm portion as previously presented in claim 12. Further, there is a lack of antecedent basis for this limitation in the 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) 1-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ceron (US 6,708,343).
In regard to claim 1, Ceron teaches a multipurpose cloth comprising: a front portion, a back portion, a pair of shoulder portions extending from a distal edge of the front portion and back portion (see annotated figure below the distal edge of the front and back portion is at seam 120: column 7, lines 27-35), wherein the front portion and the back portion portions adjoin with each shoulder portion to form full coverage around an opening to form a barrier over a user's clothing during caretaking (see figure 9).
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In regard to claim 2, Ceron teaches an arm covering portion adapted to serve as a sleeve (arm covering portion/sleeve: 30/40).
In regard to claim 3, Ceron teaches including an opening portion for extending an opening to allow for a user to put the multipurpose on and off without contamination of the user's clothing (see neck opening of garment).
In regard to claim 4, Ceron teaches including a top layer (column 5, lines 21-37).
In regard to claim 5, Ceron teaches including a waterproof layer (column lines 21-37).
In regard to claim 6, Ceron teaches wherein the arm portion is adapted to be extended along a user's arm lengthwise in one position and folded upon itself in a second position (arm portion/sleeve: 30/40, see figures 1-3, 9 and 10).
In regard to claim 7, Ceron teaches attachments for securing the cloth into a particular position (waistband members: 52, 54).
In regard to claim 8, Ceron teaches wherein the cloth is a burp cloth that drapes about a user and is adapted to cover the user while burping a baby (no additional structure being claimed, Ceron teaches all the structure required that is capable of being used as a burp cloth while burping a baby).
In regard to claim 9, Ceron teaches wherein the cloth is a nursing cover for providing a covering barrier when nursing a baby, wherein the nursing cover is adapted to cover a user's front, back, shoulders, and at least a portion of the user's arms (Ceron teaches a barrier that is adapted to cover a user’s front, back, shoulders and arms: See figures 9 and 10, Ceron teaches all the all required structure capable of being used as a nursing cover as desired).
In regard to claim 10, Ceron teaches wherein the cloth includes a width that in use is adapted to cover both shoulders of a user at the same time (see figures 9 and 10).
In regard to claim 11, Ceron teaches wherein the cloth includes a side cover by way of the pair of shoulder portions that adjoin an edge of the front portion and an edge of the back portion to form a continuous barrier between the edge of the front portion and the edge of the back portion (see shoulder portions/side cover that adjoin to the edge of the front and back portions at seams 120 to from a continuous barrier).
In regard to claim 12, Ceron teaches a caregiving drape comprising: a front portion, a back portion, a set of shoulder portions extending outwardly from and connecting with the front and back portion (see annotated figure above the distal edge of the front and back portion is at seam 120: column 7, lines 27-35), wherein the front, back, and shoulder portions form a full surround about an opening (see figure 9), and wherein the shoulder portions alternate between an open position and an attached position (see figure 9 vs. figure 10, detailing attached and opened positions), a detachable arm portion extending from the shoulder portion (sleeves: 30/40, column 5, lines 62-67 through column 6, lines 1-9).
In regard to claim 13, Ceron teaches wherein an attachment adjoins the drape under the arm portions but leaves a bottom edge of the drape free-flowing and accessible (waistband drawstring: 52, 54, 102, 104).
In regard to claim 14, Ceron teaches wherein the caregiving drape forms a full coverage barrier around the opening and over clothing and extends away from the opening, over a user's shoulders during nursing, feeding and/or burping a baby (see figures 9 and 10, can be worn feeding or burping a baby as desired).
In regard to claim 15, Ceron teaches including an arm portion (portion of sleeve: 30/40).
In regard to claim 16, Ceron teaches wherein the arm portion is retractable and extendable (see figures 1-3).
In regard to claim 17, Ceron teaches wherein the arm portion is alternatable for attachment with either side of the caregiving drape (see column 5, lines 50-61, fasteners can attach either sleeve to either side as desired).
Claim(s) 18 and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poindexter et al. (US 7,082,617).
In regard to claim 18, Poindexter et al. teaches a method of protecting clothing during feeding or burping a baby by way of a cover (column 1, lines 12-21), comprising: connecting a front portion to shoulder portions (shoulder portions/patch: 60, 60: column 2, lines 54-63), connecting a back portion to shoulder portions (shoulder portions: patch: 60, 60: column 2, lines 54-63), forming a drape cover surrounding an opening and forming a barrier over a user's clothing (see figure 1, 2 and 3), and forming shoulder portions that alternate between open sleeves and attached sleeves (see open sleeves in figures 4 and 5 vs. attached sleeves in figures 1-3), extending the shoulder portions at a downward angle between the front portion and the back portion (see from open view in figures 4 and 5 to worn view figure 1, shoulder portions extend in a downward angle between the front and back portions), covering each side of the cover with one of the shoulder portions (patch 60, 60 covering front and back portions sides).
In regard to claim 19, Poindexter teaches including an arm portion that is able to be alternated from one arm to the other arm (device can be alternated from one arm to the other arm of the user as desired, sufficient structure, capable of performing).
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) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Poindexter et al. (US 7,082,617) in view of Schuster (US 2,417,888)
Poindexter et al. teaches a protective garment as detailed above in claim 18. However, Poindexter et al. fails to teach a method of forming shoulder portions including attachments that connect a front to the shoulder portion to a back of the shoulder portion along a terminal, distal end, forming sleeves.
In regard to claim 20, Schuster teaches a protective garment, wherein forming shoulder portions including attachments that connect a front to the shoulder portion to a back of the shoulder portion along a terminal, distal end, forming sleeves (see fasteners: 27, 28 and 26 that connect to form garment, figures 1-3).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the protective garment of Poindexter et al. with the terminal end side attachments as taught by Schuster, since the protective garment of Poindexter et al. provided with terminal side end attachments would provide a protective garment that is better secured in place on the user’s body so as not to become displaced during wear.
Response to Arguments
Applicant’s arguments with respect to the have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 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 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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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732