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
The amendments filed with the written response received on June 23, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 5 and 6 have been amended and claim 9-14 are new. Accordingly, claims 5-14 are pending in this application, with an action on the merits to follow.
Response to Arguments
Applicant's arguments filed June 10, 2025 have been fully considered but
they are not persuasive.
Applicant’s arguments, are drawn to the amended claim language that recites a third fastening mechanism in a spaced relation with the side edge of the right flap, and a robe mode, in which: the third and eighth fastening mechanisms are engaged to each other, and the fourth and seventh fastening mechanisms are engaged to each other. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
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, wherein a distance between the third fastener and the seventh fastener is less than a distance between the fourth fastener and the seventh fastener in Claim 10, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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, wherein a distance between the seventh fastener and the third fastener is less than a distance between the eighth fastener and the third fastener in Claim 11, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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, wherein the fourth fastener is in a spaced relation with a bottom edge of the right flap in Claim 12, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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, wherein the eighth fastener is in a spaced relation with a bottom edge of the left flap in Claim 13, must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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, wherein the plurality of wear modes further includes: (d) a cape-to-full-body mode, in which: the first and fifth fastening mechanisms are engaged to each other, the second and sixth fastening mechanisms are engaged to each other, the third and eighth fastening mechanisms are engaged to each other, and the fourth and seventh fastening mechanisms are engaged to each other in Claim 13, must be shown or the feature(s) canceled from the claim(s). Applicant need to list the first second third fourth fifth six seventh and eighth fastening mechanisms reference characters or cancel the claims. 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.
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 § 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, 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 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 5 - 14 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. 5,884,331 to BARAJAS (herein after "Barajas”) in view of United States Patent No. 2,971,198 to M.M. TOMICH (herein after "Tomich”), and further in view of United States Patent No. US 2,657,389 to F.J. GROSS (herein after "Gross"), and further in view of United States Patent Application No. US 2015/0359271 A1 to CZARNIK (herein after " Czarnik ").
As to Claim 5, Barajas discloses a wearable towel system (Hooded poncho 80; Barajas) configured for a plurality of wear modes, the wearable towel system (Col. 3 Lines 20-28; Barajas teaching a multi-purpose device) comprising: (1) a hood (hood 30; Barajas), comprising: an interior of the hood (Figure 2 with hood 30 teaching an interior of the hood; Barajas); an exterior of the hood (Figure 1 with hood 30 teaching an exterior of the hood; Barajas and (2) a body (planar body 12; Barajas) connected to the hood (Figure 2; Barajas), the body (planar body 12; Barajas) comprising: a right flap (Figure 2; Barajas), comprising: a first fastening mechanism (ties 29; Barajas) disposed on a top edge of the right flap (Figure 2; Barajas); a right corner hand grip (Pockets 26; Barajas) disposed in an upper right corner of the body (planar body 12; Barajas) (Figure 2; Barajas); a left flap (Figure 2; Barajas), comprising: a fifth fastening mechanism (ties 29; Barajas) disposed on a top edge of the left flap (Figure 2; Barajas); a left corner hand grip (Pockets 26; Barajas) disposed in an upper left corner of the body (planar body 12; Barajas).
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Barajas fails to explicitly disclose a plurality of straps disposed on the exterior of the hood; a second fastening mechanism disposed on a top corner of the right flap; a third fastening mechanism disposed in a center portion of the right flap; a fourth fastening mechanism disposed on a side edge of the right flap; wherein the third fastening mechanism is in a spaced relation with the side edge of the right flap and a right elongated, open-end pocket disposed on an upper right section of the right flap and configured to operate as a right-arm sleeve, a sixth fastening mechanism disposed on a top corner of the left flap; a seventh fastening mechanism disposed in a center portion of the left flap; an eighth fastening mechanism disposed on of a side edge of the left flap; and a left elongated, open-end pocket disposed on an upper left section of the left flap and configured to operate as a left-arm sleeve, wherein the seventh fastening mechanism is in a spaced relation with the side edge of the left flap, wherein the plurality of wear modes includes:(a) a wing mode, in which: the first, second, third, fourth, fifth, sixth, seventh, and eighth fastening mechanisms are each in an unfastened state, the right and the left elongated, open-end pockets are each configured to receive a corresponding appendage, and the right and left corner hand grips are each configured to engage with a corresponding hand;(b) a cape mode, in which: the first and fifth fastening mechanisms are engaged to each other, and the second and sixth fastening mechanisms are engaged to each other; and(c) a robe mode, in which: the third and eighth fastening mechanisms are engaged to each other, and the fourth and seventh fastening mechanisms are engaged to each other.
Tomich discloses capes with hood combinations and discloses a plurality of straps (loops 18; Tomich) disposed on the exterior of the hood (hood 5; Tomich)(Figure 1; Tomich, as doing so would provide tying means at the front of the neck to provide additional security and as a handle for the wearer).
Therefore, based on Tomich’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Barajas’s hood to include a plurality of straps disposed on the exterior of the hood, as doing so would provide tying means at the front of the neck to provide additional security and as a handle for the wearer.
Gross teaches garments including capes and discloses a second fastening mechanism disposed on a top corner of the right flap (Figures 1-4; Gross); a third fastening mechanism disposed in a center portion of the right flap (Figures 1-4; Gross); a fourth fastening mechanism disposed on a side edge of the right flap (Figures 1-4; Gross);
wherein the third fastening mechanism is in a spaced relation with the side edge of the right flap (Figures 1-4; Gross ~ regarding wherein the third fastening mechanism is in a spaced relation with the side edge of the right flap.) a sixth fastening mechanism disposed on a top corner of the left flap (Figures 1-4; Gross);a seventh fastening mechanism disposed in a center portion of the left flap (Figures 1-4; Gross); an eighth fastening mechanism disposed on a side edge of the left flap (Figures 1-4; Gross) wherein the seventh fastening mechanism is in a spaced relation with the side edge of the left flap (Figures 1-4; Gross ~ regarding wherein the seventh fastening mechanism is in a spaced relation with the side edge of the left flap.)
Therefore, based on Gross’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Barajas’s body to include a second fastening mechanism disposed on a top corner of the right flap; a third fastening mechanism disposed in a center portion of the right flap; a fourth fastening mechanism disposed on a side edge of the right flap; wherein the third fastening mechanism is in a spaced relation with the side edge of the right flap; a sixth fastening mechanism disposed on a top corner of the left flap; a seventh fastening mechanism disposed in a center portion of the left flap; an eighth fastening mechanism disposed on a side edge of the left flap, wherein the seventh fastening mechanism is in a spaced relation with the side edge of the left flap, as doing so would provide improved comfort fit for the contour of the wearer’s body.
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Czarnik teaches cover with cape functions and discloses a left elongated, open-end pocket (sleeves 22; Czarnik) disposed on an upper left section of the left flap and configured to operate as a left-arm sleeve (Figure 6; Czarnik), a right elongated, open-end pocket (sleeves 22; Czarnik) disposed on an upper right section of the right flap and configured to operate as a right-arm sleeve (Figure 6; Czarnik).
Therefore, based on Czarnik’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Barajas’s left and right flaps to include, a left elongated, open-end pocket disposed on an upper left section of the left flap and configured to operate as a left-arm sleeve, a right elongated, open-end pocket disposed on an upper right section of the right flap and configured to operate as a right-arm sleeve, as doing so would provide improved comfort by providing a sleeve for the wearer.
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The combination of Barajas’s wearable towel with the combination of fasteners as taught by Gross wherein the plurality of wear modes includes:(a) a wing mode, in which: the first, second, third, fourth, fifth, sixth, seventh, and eighth fastening mechanisms are each in an unfastened state (The combination of Barajas’s wearable towel (Hooded poncho 80; Barajas and Figures 1 & 2) with the combination of fasteners as taught by Gross (Figures 1-4; Gross) relied upon to teach the fasteners), the right and the left elongated, open-end pockets (sleeves 22; Czarnik) are each configured to receive a corresponding appendage (sleeves 22; Czarnik)(Figure 6; Czarnik), and the right and left corner hand grips (Pockets 26; Barajas) are each configured to engage with a corresponding hand (Figures 1 & 2; Barajas teaching wherein the combination of Barajas with the fasteners of Gross and the pockets of Czarnik would be capable of the wear mode of (a) wing mode) (b) a cape mode, in which: the first and fifth fastening mechanisms are engaged to each other, and the second and sixth fastening mechanisms are engaged to each other (The combination of Barajas’s wearable towel (Hooded poncho 80; Barajas and Figures 1 & 2) with the combination of fasteners as taught by Gross (Figures 1-4; Gross) Gross being relied upon to teach the fasteners. Barajas teaching wherein the combination of Barajas with the fasteners of Gross would teach the garment being capable of being in a cape mode.); and (c) a robe mode, in which: the third and eighth fastening mechanisms are engaged to each other, and the fourth and seventh fastening mechanisms are engaged to each other (The combination of Barajas’s wearable towel (Hooded poncho 80; Barajas and Figures 1 & 2) with the combination of fasteners as taught by Gross (Figures 1-4; Gross) Gross being relied upon to teach the fasteners. Barajas teaching wherein the combination of Barajas with the fasteners of Gross would teach the garment being capable of being in a robe mode).
As to Claim 6, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein the hood (Figure 1; Tomich teaching a hood) further comprises a ninth fastening mechanism (tack members 7; Tomich) (See Figure 2; Tomich teaching a zipper as a ninth fastening mechanism), wherein the body further comprises a tenth fastening mechanism (two handles 50 Barajas) (Examiner notes that the Oxford Languages defines fastener as a device that closes or secures something. Barajas teaches a tenth fastening mechanism (50; Barajas) that is used to secure the wearable towel system.) disposed in a center portion of the body (Figure 2; Barajas) and wherein the plurality of plurality of wear modes (Figure 4; Tomich wherein the wear mode is capable of being worn as a backpack) further includes (d) a backpack mode, in which the right flap and the left flap (Figure 2; Barajas) are folded and tucked into the hood and the ninth (tack members 7; Tomich) and tenth fastening mechanisms are engaged to each other. (Figures 1- 4; Tomich teaching wherein a back pack mode is capable when the and (Figure 2; Barajas and Col. 3 and Lines 10-13; Barajas).
As to Claim 7, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 6, wherein each strap of the plurality of straps (loops 18; Tomich) comprises a first end and a second end (Figures 1 & 2; Tomich, teaching wherein the loops comprise a first end and a second end), and wherein the first end and the second end (Figures 1 & 2; Tomich, teaching wherein the loops comprise a first end and a second end) are both coupled with the hood (hood 5; Tomich)(Figures 1 & 2; Tomich).
As to Claim 8, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 7, wherein the plurality of straps (loops 18; Tomich) comprises a plurality of backpack straps (See Figures 1 - 4; Tomich).
As to Claim 9, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein, in the robe mode, at least a portion of the left flap substantially overlaps at least a portion of the right flap (Figure 1; Gross ~ regarding the garment being capable of wherein, in the robe mode, at least a portion of the left flap substantially overlaps at least a portion of the right flap).
As to Claim 10, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein a distance between the third fastener and the seventh fastener is less than a distance between the fourth fastener and the seventh fastener (Figures 1-4; Gross teaching wherein a distance between the third fastener and the seventh fastener is less than a distance between the fourth fastener and the seventh fastener).
As to Claim 11, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein a distance between the seventh fastener and the third fastener is less than a distance between the eighth fastener and the third fastener (Figures 1-4; Gross teach wherein based on the positioning of the fasteners, when the third fastener is connected to the seventh fastener then the third fastener is less than a distance between the eight fastener and the third fastener).
As to Claim 12, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein the fourth fastener is in a spaced relation with a bottom edge of the right flap (Figures 1-4; Gross).
As to Claim 13, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein the eighth fastener is in a spaced relation with a bottom edge of the left flap (Figure 4; Gross).
As to Claim 14, Barajas/Tomich/Gross/Czarnik disclose the wearable towel system of claim 5, wherein the plurality of wear modes further includes: (d) a cape-to-full-body mode, in which: the first and fifth fastening mechanisms are engaged to each other (Col. 3 and Lines 49-54; Barajas), the second and sixth fastening mechanisms are engaged to each other, the third and eighth fastening mechanisms are engaged to each other, and the fourth and seventh fastening mechanisms are engaged to each other (Figures 1-4; Gross).
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 AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday7:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/ Examiner, Art Unit 3732
/ALISSA L HOEY/ Primary Examiner, Art Unit 3732