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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/5/2025 has been entered.
The submission includes amendments to claims 1, 3, 13, 19, and 20, claims 8 and 9 remain cancelled, and claims 1-7 and 10-20 are pending.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-7, 10-13, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson (U.S. 2,528,677) in view of Joyce (U.S. 6,266,822). Wilson discloses the invention substantially as claimed. For claim 1, Wilson teaches a garment (Fig.1) configured for use with a child safety car seat (note that the garment can be worn by a child for use with a child safety car seat), comprising: a sleep sack 5 having a front side, a back side (Fig.2), an upper portion, a lower portion, a neck opening 20, and first and second arm openings at 14; wherein: the upper portion is configured to cover a child’s torso, the upper portion including the neck opening 20 and the first and second arm openings, the lower portion includes first and second leg sacks 11 configured to fully enclose the child’s respective legs, an interface of the upper and lower portions is configured to be aligned with the child’s waist (not labelled but considered as the portion of the front side and the portion of the back side that aligns with the child’s waist when the garment is worn), the front side is configured to cover the child’s anterior side, the back side is configured to cover the child’s posterior side, the garment further comprises a longitudinal zipper 21 attached to the sleep sack 5, the longitudinal zipper 21 extending from at least the interface on the front side and across the lower portion on the front side and across the lower portion on the back side to the interface on the back side, the longitudinal zipper 21 configured to releasably attach the first and second leg sacks 11 together when the longitudinal zipper 21 is closed and to allow the first and second leg sacks 11 to separate, when the longitudinal zipper 21 is opened, to expose a groin buckle when the child is sitting in the child safety car seat, and the first and second leg sacks 11 are configured to fully enclose the child’s respective legs regardless of a state of the longitudinal zipper 21. However, Wilson doesn’t teach one or more first fastener portions attached to the sleep sack and a blanket having one or more blanket fastener portions attached thereto, the one or more blanket fastener portions configured to releasably engage the one or more first fasteners portions to form one or more respective clothing fasteners that releasably attach the blanket to the sleep sack as in claim 1 and doesn’t teach the one or more first fastener portions is/are attached to the front side of the sleep sack as in claim 2. Wilson’s sleep sack has a length that is measured with respect to a first axis that extends from the upper portion to the lower portion, the sleep sack has a width measured with respect to a second axis that is orthogonal to the first axis, the first and second arm openings spaced apart with respect to the second axis, but doesn’t teach a width of the blanket is approximately equal to the width of the sleep sack as in claim 3. Wilson doesn’t teach the length of the blanket is less than the length of the sleep sack as in claim 5. Wilson doesn’t teach a first end of the blanket is aligned with the first and second arm openings and a second end of the blanket is aligned with a bottom of the lower portion of the sleep sack as in claim 6. Wilson doesn’t teach the one or more respective clothing fasteners comprise at least one zipper, at least one set of hook-and-loop
fasteners, at least one set of button fasteners, at least one set of magnetic fasteners and/or at least one set of snap fasteners as in claim 7. Joyce teaches one or more first fastener portions 42 attached to a sleep sack 10 and a blanket 50 having one or more blanket fastener portions 74 attached thereto, the one or more blanket fastener portions 74 configured to releasably engage the one or more first fastener portions 42 to form one or more respective clothing fasteners that releasably attach the blanket 50 to the sleep sack 10.
For claims 2 and 3, Joyce teaches the one or more first fastener portions 42 are attached to the front side of the sleep sack 10 and the width of the blanket is approximately equal to the width of the sleep sack (Joyce’s blanket 50 is shown in Figure 3 as having a width approximately equal to the width of the sleep sack as the blanket must be wide enough to enclose the sleep sack portions below the arm openings.
For claim 5, Joyce teaches the length of the blanket is less than the length of the sleep sack as Joyce’s sleep sack extends upward beyond fasteners 74 and is longer than the blanket. Wilson’s modified sleep sack with the length of the blanket less than the length of the sleep sack is expected to allow for freedom of arm movement of the child.
For claim 10, Wilson teaches the longitudinal zipper 21 includes first and second sets of teeth, the first set of teeth is attached to the first leg sack on the front and back sides and the interface of the front side and the second set of teeth is attached to the second leg sack on the front and back sides and the interface of the front side, whereby when the sleep sack is in a car-seat configuration, the child’s legs can separate while remaining fully enclosed by the first and second leg sacks, respectively. Figure 3 shows respective positions of the first and second sets of teeth as extending along the first and second leg sacks and the child’s legs can separate while remaining fully enclosed by the first and second leg sacks, respectively.
For claim 11, Wilson teaches the sleep sack has a closed configuration in which the longitudinal zipper 21 is fully closed, the closed configuration for when the child is not secured in the car seat.
For claim 12, Wilson teaches the sleep sack has an open configuration in which the longitudinal zipper is fully opened to remove the child from the sleep sack and/or place the child in the sleep sack.
For claim 13, Wilson teaches a garment configured for use with a child safety car seat, comprising a sleep sack having a front side, a back side, an upper portion, a lower portion, a neck opening, and first and second arm openings at 14, wherein the upper portion is configured to cover a child’s torso, the upper portion including the neck opening 20 and the first and second arm openings at 14, the lower portion includes first and second leg sacks 11 configured to fully enclose the child’s respective legs, the front side is configured to cover the child’s anterior side, the back side is configured to cover the child’s posterior side and an interface of the upper and lower portions is configured to be aligned with the child’s waist, a longitudinal zipper 21 attached to the sleep sack, the zipper 21 extending from at least the interface on the front side, across the lower portion on the front side (see Figure 1) and across the lower portion on the back side to the interface on the back side (see Figures 2 and 3), the longitudinal zipper configured to releasably attach the first and second leg sacks together when the longitudinal zipper is closed and to allow the first and second leg sacks to separate, when the zipper is opened, to expose a groin buckle when the child is sitting in the child safety car seat. The first and second leg sacks are configured to fully enclose the child’s respective legs regardless of a state of the longitudinal zipper 21. However, Wilson doesn’t teach one or more fastener portions attached to the sleep sack, the one or more fastener portions configured to releasably engage one or more respective blanket fastener portions on a blanket to form one or more respective clothing fasteners that releasably attach the blanket to the sleep sack and the one or more respective clothing fasteners comprise at least one zipper, at least one set of hook-and-loop fasteners, at least one set of button fasteners, at least one set of magnetic fasteners, and/or at least one set of snap fasteners and the one or more fastener portions is/are one or more front fastener portions that are attached to the front side of the sleep sack, the one or more front fastener portions is/are configured to releasably engage one or more respective first blanket fastener portions on a first blanket to form one or more respective first clothing fasteners that releasably attach the first blanket to the front side of the sleep sack and the garment further comprises one or more back fastener portions that is/are attached to the back side of the sleep sack, the one or more back fastener portions (as in claims 13, 16, and 17). Joyce teaches one or more front fastener portions 42 attached to the sleep sack 10, the one or more fastener portions 42 configured to releasably engage one or more respective blanket fastener portions 74 on blanket 50 to form one or more respective clothing fasteners that releasably attach the blanket to the sleep sack 10. Joyce teaches the blanket member provides additional warmth and is held in position relative to the sleep sack by the one or more fasteners while the child sleeps which prevents possible suffocation and discomfort. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilson to provide front fastener portions attached to the front side of the sleep sack configured to releasably engage one or more blanket fastener portions on a blanket as taught by Joyce, in order to provide an additional layer of warmth for the child which can be selectively attached to or removed from the sleep sack.
For claim 16, Joyce teaches the one or more respective clothing fasteners comprise snaps, buttons, hook and loop fasteners, or zippers.
For claim 17, Joyce teaches the one or more first fastener portions 42 are one or more front fastener portions that are attached to the front side of the sleep sack 10 and are configured to releasably engage one or more respective first blanket fastener portions 74 on a first blanket (front side of blanket) to form one or more respective first clothing fasteners that releasably attach the first blanket to the front side of the sleep sack and the garment comprising one or more back fastener portions 46 that is/are attached to the back side of the sleep sack 10, the one or more back fastener portions 46 configured to releasably engage one or more second blanket fastener portions 78 on a second blanket portion (back portion of blanket 50) to form one or more respective second clothing fasteners that releasably attach the second blanket to the back side of the sleep sack 10. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilson’s garment to include the first and second fasteners as claimed, such that the blanket can be removably secured to the garment on a particular side or both sides, as an additional warmth layer when needed.
For claim 18, Wilson doesn’t teach the one or more fastener portions is/are one or more front fastener portions that are attached to the front side of the sleep sack, the garment further comprises one or more back fastener portions that is/are attached to the back side of the sleep sack, the garment has a first configuration in which the one or more front fastener portions releasably engage the one or more respective blanket fastener portions on the blanket to form one or more respective first clothing fasteners that releasably attach the blanket to the front side of the sleep sack and the garment has a second configuration in which one or more back fastener portions releasably engage the one or more respective second clothing fasteners that releasably attach the blanket to the back side of the sleep sack. Joyce teaches one or more fastener portions is/are one or more front fastener portions 42 that are attached to the front side of the sleep sack 10, the garment further comprises one or more back fastener portions 46 that is/are attached to the back side of the sleep sack 10, the garment has a first configuration in which the one or more front fastener portions 42 releasably engage the one or more respective blanket fastener portions 74 on the blanket 50 to form one or more respective first clothing fasteners that releasably attach the first blanket (front portion of blanket 50) to the front side of the sleep sack 10, and the garment has a second configuration in which one or more back fastener portions 46 releasably engage the one or more respective blanket fastener portions 78 on the blanket 50 to form one or more respective second clothing fasteners that releasably attach the blanket 50 to the back side of the sleep sack 10. Joyce teaches the blanket member provides additional warmth and is held in
position relative to the sleep sack by the fasteners while the child sleeps which prevents possible suffocation and discomfort.
For claim 19, Wilson teaches a kit comprising a garment configured for use with a child safety car seat, comprising a sleep sack having a front side, a back side, an upper portion, a lower portion, a neck opening, and first and second arm openings, wherein the upper portion is configured to cover a child’s torso, the upper portion including the neck opening and the first and second arm openings, the lower portion includes first and second leg sacks that fully enclose the child’s respective legs, the front side is configured to cover the child’s anterior side, the back side is configured to cover the child’s posterior side, and an interface of the upper and lower portions is configured to be aligned with the child’s waist, a longitudinal zipper attached to the sleep sack, the zipper 21 extending from at least the interface on the front side, across the lower portion on the front side and across the lower portion on the back side and to the interface on the back side, the longitudinal zipper 21 configured to releasably attach the first and second leg sacks together when the zipper is closed and to allow the first and second leg sacks to separate, when the zipper is opened, to expose a groin buckle when the child is sitting in the child safety car seat, wherein the first and second leg sacks are configured to fully enclose the child’s respective legs regardless of a state of the zipper. For claim 19, Wilson doesn’t teach one or more first fastener portions attached to the sleep sack and a blanket having one or more blanket fastener portions attached thereto, the one or more blanket fastener portions configured to releasably engage the one or more first fastener portions to form one or more respective clothing fasteners that releasably attach the blanket to the sleep sack and for claim 20, Wilson doesn’t teach the one or more blanket fastener portions is/are one or more first blanket fastener portions that are attached to the front side of the sleep sack, the one or more first fastener portions is/are configured to releasably engage one or more respective first blanket portions on a first blanket to form one or more respective first clothing fasteners that releasably attach the first blanket to the front side of the sleep sack and the garment further comprises one or more back fastener portions that is/are attached to the back side of the sleep sack, the one or more back fastener portions configured to releasably engage one or more respective second blanket fastener portions on a second blanket to form one or more respective second clothing fasteners that releasably attach the second blanket to the back side of the sleep sack. Joyce teaches one or more first blanket fastener portions 42 attached to the sleep sack and a first blanket 50 having one or more first blanket fastener portions 74 attached thereto, the one or more first blanket fastener portions 74 configured to releasably engage the one or more first fastener portions 42 to form one or more respective clothing fasteners that releasably attach the first blanket to the sleep sack. The one or more first fastener portions 42 is/are one or more front fastener portions that are attached to the front side of the sleep sack 10, the one or more front fastener portions 42 is/are configured to releasably engage one or more respective first blanket fastener portions 74 on a first blanket (front side of blanket 50) to form one or more respective first clothing fasteners that releasably attach the first blanket to the front side of the sleep sack 10 and the garment further comprises one or more back fastener portions 46 that is/are attached to the back side of the sleep sack 10, the one or more back fastener portions 46 configured to releasably engage one or more respective second blanket fastener portions 78 on a second blanket (back portion of blanket 50) to form one or more respective second clothing fasteners that releasably attach the second blanket to the back side of the sleep sack 10. Modifying Wilson’s sleep sack to include the fasteners and blanket as claimed results in a kit comprising the claimed garment comprising the sleep sack and first and second blankets for releasably attaching to the respective front and back sides of the sleep sack. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilson to provide the one or more fastener portions/front fastener portions attached to the front side of the sleep sack to releasably engage one or more respective first blanket fastener portions on a first blanket to releasably attach the first blanket to the front side of the sleep sack and one or more back fastener portions attached to the back side of the sleep sack such that the front fastener portions are configured to releasably engage the one or more second blanket fastener portions on a second blanket and the one or more respective clothing fasteners comprise at least one zipper or at least one set of snap fasteners as Joyce teaches the respective snap or zipper fasteners allow for removable attachment of the first and second blanket to provide warmth to the child as needed, with the blanket held in position by the engaged fasteners while the child sleeps.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wilson in view of Joyce as applied to claim 1 above, and further in view of Johnson (U.S. 2006/0236441). Wilson doesn’t teach the width of the sleep sack tapers from the lower portion to the upper portion. Johnson teaches the width of the sleep sack 10 tapering from the lower portion to the upper portion, as Johnson discloses bottom edge 21 is wider than top edge 20. The tapered shape provides a larger volume at the lower part of the sleep sack for the wearer’s legs to move and change positions. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilson’s sleep sack such that the width tapers from the lower portion to the upper portion as Johnson teaches the tapered width is known in the art and is expected to provide a larger volume at the lower portion for the wearer’s legs to move and stretch.
Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson in view of Joyce, as applied to claim 13 above, and further in view of Adani (U.S. 9,516,902). Wilson discloses the invention substantially as claimed. However, Wilson doesn’t teach the upper portion includes shoulder openings that allow the child to be removed from the sleep sack and/or to be placed into the sleep sack and further comprising shoulder fasteners that close and open the shoulder openings. Adani teaches a sleep sack with an upper portion 10 including shoulder openings and shoulder fasteners 44A-D that close and open the shoulder openings. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Wilson to provide the shoulder openings and shoulder fasteners that close and open the shoulder openings as the shoulder openings allow for folding down of the upper part of the sleep sack to access the child’s upper body/chest area.
Response to Arguments
Applicant’s arguments have been considered. Regarding independent claims 1, 13, and 19- Applicant submits that Wilson’s zipper 21 (Fig.3) doesn’t extend from at least the interface on the front side, across the lower portion on the front side, and across the lower portion on the back side to the interface on the back side as recited in claim 1, because Wilson’s zipper 21 passes through the crotch on the front side to the seat on the back side. Applicant also submits that Wilson doesn’t teach or suggest the zipper 21 is “configured to releasably attach the first and second leg sacks together when the longitudinal zipper is closed and to allow the first and second leg sacks to separate, when the longitudinal zipper is opened,” as recited in claim 1. The Examiner disagrees with this assessment of Wilson, specifically to the Applicant’s interpretation of the zipper as extending across the lower portion being a distinguishing feature. A review of Applicant’s specification and at least Figs. 1-3 of the drawings which show par.40 as disclosing “the longitudinal zipper 200 extends (e.g. vertically extends) across the upper and lower portions 120,130 on the front side 141 of the sleep sack” and in par.41 “On the back side 142 of the sleep sack 100, the longitudinal zipper 200 extends (e.g. vertically extends) across the lower portion 130 and terminates at approximately (e.g. with 1-3 inches) the interface 125 of the upper and lower portions 120,130.” Wilson’s zipper 21 includes two parts that join together when zipped and the zipper extends from at least the interface on the front side, across the lower portion on the front side, and across the lower portion on the back side to the interface on the back side as in claim 1. Applicant also submits that Wilson’s zipper 21 is not attached to the leg portions 11 and cannot releasably attach the leg portions 11 together. The Examiner disagrees and points to Figure 3 showing zipper 21 in its open configuration with each half of the zipper positioned on each leg of the garment.
Conclusion
Any inquiry concerning this communication or earlier communications should be directed to Primary Examiner Katherine Moran at (571) 272-4990 (phone). Please note that any internet communication directed to katherine.moran@uspto.gov requires prior submission of an Authorization for Internet Communications form (PTO/SB/439). The examiner can be reached on Monday-Thursday from 9:00 am to 6:00 pm, and alternating Fridays.If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Khoa Huynh, may be reached at (571) 272-4888. The official and after final fax number for the organization where this application is assigned is (571) 273-8300. General information regarding this application and
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/KATHERINE M MORAN/ Primary Examiner, Art Unit 3732