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
Applicant’s amendment, filed 04 August 2025, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 4, 8, and 11
Canceled
7, 14
Pending
1-6 and 8-13
Presented for Examination
1-6 and 8-13
Response to Arguments
Applicant's arguments filed 04 August 2025 have been fully considered but they are not persuasive.
Drawing Objections
Some of the drawing objections are overcome by the amendments and those objections are withdrawn.
103 Rejections
Applicant argues Le Roy does not disclose the function of claim 1. This is not persuasive. As discussed in the interview, the limitation is functional and merely requires the ability to function as claimed. Le Roy is capable of being used in the same manner. For example, Le Roy discloses attaching the bib to a high chair via tie straps, and could be tied to a high chair having a tray in the same manner.
The amendment to claim 8 redefines this feature as a structural one, which has necessitated a new grounds of rejection as set forth below.
The arguments regarding the arm portions of claims 1 and 8 are drawn to newly added subject matter and are addressed in the rejections below.
Applicant argues Le Roy does not disclose the V-shaped split now required by claims 1 and 8. This is moot, as Le Roy is not relied upon to disclose the split. Gordon teaches a split and it would be obvious to modify Le Roy to have a split as taught by Gordon.
In light of the above, the rejection is believed to be proper.
Drawings
The drawings were received on 04 August 2025. These drawings are acceptable to enter but do not overcome the deficiencies below.
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, clips, snaps, hooks, buckles, tape, and magnets (claims 3 and 10, providing one or more of the existing figures with reference numbers for the latch members, clips, snaps, hooks, buckles, tape, and magnets would be sufficient to overcome this objection; furthermore, claim 8 from which claim 10 depends requires the attachment members connect to one another; FIG 5 shows the latch members connect to one another and FIG 6 shows hook and loop attachment members 175, but they do not connect to one another; therefore, the subject matter of claim 10 in combination with claim 8 is not supported by the disclosure), the “hook and loop material, clips, snaps, hooks, buckles, tape, cinches, and elastic bands” (claims 4 and 11, providing one or more of the existing figures with reference numbers for the hook and loop material, clips, snaps, hooks, buckles, tape, cinches, and elastic bands would be sufficient to overcome this objection; the 8/4/2025 Replacement FIG 2 has support for latch members 142, but not any of the claimed adjustment members), the snaps and magnets (claims 6 and 13, providing one or more of the existing figures with reference numbers for the snaps and magnets would be sufficient to overcome this objection), “wherein said front portion and said two leg portions are wrapped around said respective spaced under portions of a said baby high chair tray and connected to one another via respective said attachment members and forms a hammock-type shape with respect to said baby high chair tray when in use” (claim 8, see explanation below) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Regarding the subject matter of claim 8, FIGS 5-6 best show the “in use” configuration.
The first feature not shown in the figures is the front portion and two leg portions wrapped around… and connected to one another. It is noted that the disclosure has support for leg portions 124 on the front portion and leg portions 116 on the back portion. Since claim 8 only recites the back portion including a leg portion, it is understood that the claimed “leg portions” correspond to the disclosed leg portions 116. The only figure that shows any two portions of the bib connected to one another is FIG 5, which shows back portion 119 connected to an unclaimed front leg portion 124, but it is not clear from the figures that the front portion and two leg portions are all connected to one another. This objection may be obviated by providing one of the existing figures with reference numbers for front portion 112 and BOTH leg portions 116 showing how they are all connected to one another.
The second feature not shown in the figures is both of the front portion and two leg portions being wrapped around the under portions. FIG 5 shows back portion 119 wrapped around the under portion 220, but not the front portion or leg portion 116.
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
Claim(s) 1 and 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le Roy (US 2077244 A) in view of Bennett (US 6742189 B2), Gordon et al. (US 20190289924 A1), and Huang (US 20220183399 A1).
As to claim 1, Le Roy discloses an improved baby bib (garment, title) comprising:
a garment (figs 1-2) including:
two arm portions (at and around shoulder portions 4);
a neck portion (at and around neck opening 3);
a front portion (1) including:
two spaced attachment members connected to a lower edge section thereof (the two tapes 10 that are connected to the lower edge section of 1);
a split back portion (2, split by slit 6) including:
two spaced back portions (one on either side of slit 6), each including:
a leg portion (see portion of fig 2 annotated below) including:
an attachment member connected to a lower edge section thereof (see portion of fig 2 annotated below); and
an attachment member connected to a side edge section thereof (strips 9), wherein said attachment members of each of said side edge sections are adapted to releasably connect with one another to secure said baby bib around said upper torso of said baby (capable of releasably connecting, such as by cutting and tying);
wherein said front portion and said two leg portions are adapted to be wrapped around respective spaced under portions of a baby high chair tray and connected to one another via respective said attachment members and adapted to form a hammock-type shape with respect to said baby high chair tray when in use (capable of being wrapped and intended to be wrapped and connected as shown in fig 1); and
wherein said garment is adapted to cover a substantial portion of said baby’s upper torso (capable of covering and intended to cover as shown in fig 1); and
wherein said improved baby bib is adapted to be removably attached to said baby high chair tray (capable of removably attaching such as by tying and untying 10).
Le Roy does not disclose wherein said two arm portions are adapted to extend over a substantial portion of a baby's arms.
Bennett teaches a similar baby bib (bib, title) including two arm portions (24); wherein said two arm portions are adapted to extend over a substantial portion of a baby's arms (capable of extending and intended to extend, as shown in the FIGS).
Short sleeves as disclosed by Le Roy and long sleeves as taught by Bennett are known in the art and are interchangeable depending on the desired end use and aesthetic. One of ordinary skill would recognize that sleeves that are adapted to extend over a substantial portion of a baby's arms would provide improved insulation from cold, UV protection from the sun, and protection of the wearer’s arms and garment sleeves from soiling.
Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide said two arm portions being adapted to extend over a substantial portion of a baby's arms, for the purpose of providing improved insulation from cold, UV protection from the sun, and protection of the wearer’s arms and garment sleeves from soiling.
Le Roy does not disclose wherein said front portion includes a V-shaped split in said lower edge section thereof adapted to aid in wrapping said front portion and said two leg portions around said respective spaced under portions of said baby high chair tray.
Gordon teaches a similar bib (baby pant-bib, title) including said front portion (111) includes a V-shaped split in said lower edge section thereof (118) adapted to aid in wrapping said front portion and said two leg portions around said respective spaced under portions of said baby high chair tray (capable of aiding in wrapping).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy front portion with the Gordon V-shaped split and two leg portions for the purpose of providing the desired amount of coverage of the wearer for protection from spills.
Le Roy does not disclose a catcher; wherein said catcher is formed having a cup-type shape adapted to catch food and liquids falling down the front portion of said garment; and wherein said catcher is adapted to be releasably connected to said front portion of said garment.
Huang teaches a similar garment (bib, title) including a catcher (3); wherein said catcher is formed having a cup-type shape adapted to catch food and liquids falling down the front portion of said garment (fig 1); and wherein said catcher is adapted to be releasably connected to said front portion of said garment (capable of being releasably connected and is releasably connected via 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy garment with a catcher as taught by Huang, for the purpose of holding food or other objections (Huang para. 0037).
PNG
media_image1.png
543
380
media_image1.png
Greyscale
As to claim 3, Le Roy discloses the improved baby bib of claim 1, wherein said two spaced attachment members of said front portion (Le Roy 10), said attachment members of said leg portions (Le Roy 10), and said attachment members of side edge sections (Le Roy 9) are chosen from a list of attachment members consisting of adjustable straps (Le Roy 10 and 9 are straps that are capable of being adjusted, such as positionally adjusted), latch members, hook and loop material, clips, snaps, hooks, buckles, tape (Le Roy 10 and 9 are strips/ tape), and magnets.
As to claim 4, Le Roy discloses the improved baby bib of claim 1, wherein said neck portion includes an adjustment member chosen from a list of adjustment members consisting of hook and loop material, clips, snaps, hooks, buckles, tape (Le Roy 8), cinches, and elastic bands.
As to claim 5, Le Roy discloses the improved baby bib of claim 1, wherein said catcher is formed from a material chosen from a list of materials consisting of silicone (Huang para. 0008), plastic, ceramic, injected foams, gel, and metal.
As to claim 6, Le Roy discloses the improved baby bib of claim 1, wherein said catcher is releasably connected to said front portion of said garment via releasable fasteners chosen from a list of releasable fasteners consisting of hook and loop fasteners, snaps (Huang paras. 0034, 0036, 0038, and 0041 describe snapping the catcher to the front portion), and magnets.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le Roy (US 2077244 A) in view of Bennett (US 6742189 B2), Gordon et al. (US 20190289924 A1), and Huang (US 20220183399 A1) as applied to claim 1 above, and further in view of Gevirtz et al. (US 20170295854 A1).
As to claim 2, Le Roy does not disclose the improved baby bib of claim 1, wherein said two spaced attachment members of said front portion, said attachment members of said leg portions, and said attachment members of side edge sections are formed as adjustable straps having latch members formed on respective distal ends thereof.
Le Roy does disclose adjustable straps (10 and 9) but not latch members formed on a respective distal end.
Gevirtz teaches a similar bib (bib, title) including adjustable straps (14, 16) having latch members formed on respective distal ends thereof (26).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy straps to be adjustable straps having latch members formed on respective distal ends thereof as taught by Gevirtz, for the purpose of fastening the bib in such a manner that it cannot be easily undone by the wearer (Gevirtz para. 0007).
Claim(s) 8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le Roy (US 2077244 A) in view of Neiswander (US 2532932 A), Bennett (US 6742189 B2), Gordon et al. (US 20190289924 A1), and Huang (US 20220183399 A1).
As to claim 8, Le Roy a combination of a baby high chair and an improved baby bib (garment, title, and fig 1 shows the garment in combination with a baby high chair), comprising:
a baby high chair (fig 1); and
an improved baby bib (figs 1-2) comprising
a garment (figs 1-2) including:
two arm portions (at and around shoulder portions 4); a neck portion (at and around neck opening 3); a front portion (1) including: two spaced attachment members connected to a lower edge section thereof (the two tapes 10 that are connected to the lower edge section of 1); a split back portion (2, split by slit 6) including: two spaced back portions (one on either side of slit 6), each including:
a leg portion (see portion of fig 2 annotated below) including:
an attachment member connected to a lower edge section thereof (see portion of fig 2 annotated below); and
an attachment member connected to a side edge section thereof (strips 9), wherein said attachment members of each of said side edge sections are adapted to releasably connect with one another to secure said baby bib around said upper torso of said baby (capable of releasably connecting, such as by cutting and tying); and
wherein said garment is adapted to cover a substantial portion of said baby’s upper torso (capable of covering and intended to cover as shown in fig 1); and wherein said improved baby bib is adapted to be removably attached to said baby high chair tray (capable of removably attaching such as by tying and untying 10).
Le Roy does not disclose the baby high chair including: a tray; wherein said tray includes spaced under portions;
wherein said front portion and said two leg portions are wrapped around said respective spaced under portions of a said baby high chair tray and connected to one another via respective said attachment members and forms a hammock-type shape with respect to said baby high chair tray when in use.
High chairs with trays are known in the art.
Neiswander teaches a baby high chair including: a tray (FIGS 1-2); wherein said tray includes spaced under portions (FIGS 1-2).
It is noted that Applicant’s “under portions 220” are not under the tray as one of ordinary skill would expect, but the side edges of the tray as shown in FIG 5. Consistent with Applicant’s disclosure, the side edges of the Neiswander tray correspond to the claimed “under portions.”
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the high chair of Le Roy with a tray as taught by Neiswander, for the purpose of providing a surface to hold food or rest one’s arms.
Furthermore, Neiswander teaches wrapping bib portions around said respective spaced under portions of a said baby high chair tray and forming a hammock-type shape with respect to said baby high chair tray when in use (Neiswander FIGS 1-2).
Le Roy does disclose wrapping bib portions around the high chair, so this is within the scope of the Le Roy reference. The only difference is that Le Roy does not disclose a tray and fastening the bib to the tray to form a hammock. However, Neiswander teaches a tray and fastening a bib to the tray to form a hammock is known in the art.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to wrap said front portion and said two leg portions around said respective spaced under portions of a said baby high chair tray and connected to one another via respective said attachment members and forms a hammock-type shape with respect to said baby high chair tray when in use, for the purpose of containing dropped food in the hammock to prevent the wearer’s lap from being soiled by dropped food.
Le Roy does not disclose wherein said two arm portions are adapted to extend over a substantial portion of a baby's arms.
Bennett teaches a similar baby bib (bib, title) including two arm portions (24); wherein said two arm portions are adapted to extend over a substantial portion of a baby's arms (capable of extending and intended to extend, as shown in the FIGS).
Short sleeves as disclosed by Le Roy and long sleeves as taught by Bennett are known in the art and are interchangeable depending on the desired end use and aesthetic. One of ordinary skill would recognize that sleeves that are adapted to extend over a substantial portion of a baby's arms would provide improved insulation from cold, UV protection from the sun, and protection of the wearer’s arms and garment sleeves from soiling.
Therefore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide said two arm portions being adapted to extend over a substantial portion of a baby's arms, for the purpose of providing improved insulation from cold, UV protection from the sun, and protection of the wearer’s arms and garment sleeves from soiling.
Le Roy does not disclose wherein said front portion includes a V-shaped split in said lower edge section thereof adapted to aid in wrapping said front portion and said two leg portions around said respective spaced under portions of said baby high chair tray.
Gordon teaches a similar bib (baby pant-bib, title) including said front portion (111) includes a V-shaped split in said lower edge section thereof (118) adapted to aid in wrapping said front portion and said two leg portions around said respective spaced under portions of said baby high chair tray (capable of aiding in wrapping).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy front portion with the Gordon V-shaped split and two leg portions for the purpose of providing the desired amount of coverage of the wearer for protection from spills.
Le Roy does not disclose a catcher; wherein said catcher is formed having a cup-type shape adapted to catch food and liquids falling down the front portion of said garment; and wherein said catcher is adapted to be releasably connected to said front portion of said garment.
Huang teaches a similar garment (bib, title) including a catcher (3); wherein said catcher is formed having a cup-type shape adapted to catch food and liquids falling down the front portion of said garment (fig 1); and wherein said catcher is adapted to be releasably connected to said front portion of said garment (capable of being releasably connected and is releasably connected via 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy garment with a catcher as taught by Huang, for the purpose of holding food or other objections (Huang para. 0037).
PNG
media_image1.png
543
380
media_image1.png
Greyscale
As to claim 10, Le Roy discloses the improved baby bib of claim 8, wherein said two spaced attachment members of said front portion (Le Roy 10), said attachment members of said leg portions (Le Roy 10), and said attachment members of side edge sections (Le Roy 9) are chosen from a list of attachment members consisting of adjustable straps (Le Roy 10 and 9 are straps that are capable of being adjusted, such as positionally adjusted), latch members, hook and loop material, clips, snaps, hooks, buckles, tape (Le Roy 10 and 9 are strips/ tape), and magnets.
As to claim 11, Le Roy discloses the improved baby bib of claim 8, wherein said neck portion includes an adjustment member chosen from a list of adjustment members consisting of hook and loop material, clips, snaps, hooks, buckles, tape (Le Roy 8), cinches, and elastic bands.
As to claim 12, Le Roy discloses the improved baby bib of claim 8, wherein said catcher is formed from a material chosen from a list of materials consisting of silicone (Huang para. 0008), plastic, ceramic, injected foams, gel, and metal.
As to claim 13, Le Roy discloses the improved baby bib of claim 8, wherein said catcher is releasably connected to said front portion of said garment via releasable fasteners chosen from a list of releasable fasteners consisting of hook and loop fasteners, snaps (Huang paras. 0034, 0036, 0038, and 0041 describe snapping the catcher to the front portion), and magnets.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le Roy (US 2077244 A) in view of Neiswander (US 2532932 A), Bennett (US 6742189 B2), Gordon et al. (US 20190289924 A1), and Huang (US 20220183399 A1) as applied to claim 8 above, and further in view of Gevirtz et al. (US 20170295854 A1).
As to claim 9, Le Roy does not disclose the improved baby bib of claim 8, wherein said two spaced attachment members of said front portion, said attachment members of said leg portions, and said attachment members of side edge sections are formed as adjustable straps having latch members formed on respective distal ends thereof.
Le Roy does disclose adjustable straps (10 and 9) but not latch members formed on a respective distal end.
Gevirtz teaches a similar bib (bib, title) including adjustable straps (14, 16) having latch members formed on respective distal ends thereof (26).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the Le Roy straps to be adjustable straps having latch members formed on respective distal ends thereof as taught by Gevirtz, for the purpose of fastening the bib in such a manner that it cannot be easily undone by the wearer (Gevirtz para. 0007).
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 SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732