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 amendments of 10 March 2025 is acknowledged. Claims 1-3, 5-7, 9-11, and 14-19 is/are amended. Claims 12-13 is/are canceled. Claims 1-11 and 14-20 are presented for examination on the merits.
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:
Claim 14 recites the following limitation(s): “a pair of sweat-absorbing cuffs integral with and permanently attached to the inner layer”. After a complete review of Applicant’s instant specification, such limitation lacks antecedent basis from the instant written specification. Examiner notes that the specification in at least para. 50 that the inner liner is permanently sewn or glued to respective edges of the outer body; but there is no disclosure for a pair of sweat-absorbing cuffs permanently attached to the inner layer.
Claim Objections
Claim(s) 1 and 18 is/are objected to because of the following informalities:
Claim 1, the recitation “such that its attachment is substantially not visible from the outside of the garment when worn by the wearer” should be amended to read “such that the attachment of each cuff is substantially not visible from the outside of the garment when worn by the wearer”;
Claim 18, the recitation “wherein at least a portion of the lateral opposing ends of each cuff” should be amended to read “wherein at least a portion of the opposing end of each cuff”.
Appropriate correction is required.
Claim 20 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 19. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Examiner notes that claim 20 submitted on 8/23/2023 is a substantially different scope than claim 20 submitted on 3/10/2025. Examiner further notes that the status indicator, “(original)” is incorrect, as claim 20 is an amended claim, including a substantially different limitation than the originally filed claim 20. As currently presented, claim 20 is a substantial duplicate of claim 19.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 14-18 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 14 recites “a pair of sweat-absorbing cuffs integral with and permanently attached to the inner layer”. After a full review of Applicant’s disclosure, it appears there is no support for such claim limitations. The originally filed disclosure does not discuss a pair of sweat-absorbing cuffs permanently attached to the inner layer, but discloses the inner liner is permanently sewn or glued to respective edges of the outer body in para. 50. For these reasons, the claim limitation fails to comply with the written description requirement. The new matter is “a pair of sweat-absorbing cuffs…permanently attached to the inner layer”.
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(s) 1-11, 15, and 19-20 is/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.
Claim 1 is rejected as being indefinite or failing to particularly point out and distinctly claim the structural relationship of the first side of the outer garment body in the recitation “a first side proximal to the torso portion”. After a full review of Applicant’s disclosure in para. 8, it appears the first side of each sleeve of the outer garment body is proximal to the wearer’s torso portion. Applicant is respectfully advised to clarify whether the first side is proximal to the outer torso portion of the outer garment body as recited in line 3 of the claim, or if the first side of each sleeve of the outer garment body is proximal to the wearer’s torso portion. For examination purposes, Examiner interprets the first side of each sleeve of the outer garment body is proximal to the wearer’s torso portion. Claim 1 is rejected as best understood by Examiner.
Claim 1 is rejected as being indefinite or failing to particularly point out and distinctly claim the structure of an attachment in the recitation “each cuff is attached to the inside surface of the respective sleeve such that its attachment is substantially not visible from the outside of the garment when worn by the wearer”. After a full review of Applicant’s disclosure in at least paras. 40 and 50, it appears the cuff attachments are not visible from the outside. Applicant is respectfully advised to clarify whether the cuff attachments are intended to be claimed or not. For examination purposes, Examiner interprets cuff attachments were intended to be claimed, and the recitation as “each cuff is attached to the inside surface of the respective sleeve with a cuff attachment, such that the cuff attachment is substantially not visible from the outside of the garment when worn by the wearer”. Claim 1 is rejected as best understood by Examiner.
Claim(s) 2 and 15 recite the limitation “corresponding torso edges” in line 2. There is insufficient antecedent basis for this limitation in each claim. For the purposes of examination, examiner interprets the recitation “wherein the inner torso portion and outer torso portion further include respective edges and the inner torso portion is attached to the outer torso portion at corresponding torso portion edges” as “wherein the inner torso portion and outer torso portion further include respective edges and the inner torso portion is attached to the outer torso portion at the respective edges”.
Claim Rejections - 35 USC § 102
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) 1-6, 11, and 14-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Turner (US 2018/0098585 A1).
Regarding claim 1, insofar as is definite, Turner teaches a unitary garment (100, 102) for covering at least a portion of and for concealing sweat perspired from the torso and arms of a wearer (paras. 25-26; Fig.1 shows 102 on the interior torso surface of 100, and therefore, concealing sweat perspired from the torso and arms of a wearer), the garment comprising:
a. an outer garment body (100) having an outer torso portion (see annotated Fig. 1 below) and a pair of sleeves attached to and extending from the outer torso portion (see annotated Fig. 1 below), each sleeve having an inside surface (Fig. 1, the inside surface of the sleeves faces the wearer’s arm), an outside surface (Fig. 1, the outside surface of the sleeves faces externally to the environment), a first side proximal to the torso portion (the view of Fig. 1 shows the first side of the outer torso portion proximal to the wearer’s torso portion and superimposed by the inner torso portion 102) and a second side facing the outside (see annotated Fig. 1 below, the second side is the opposite side of the outer torso portion shown, facing externally to the environment), the first side having an underarm region (see annotated Fig. 1, where the underarm region of the first side is the annotated region superimposed by the inner torso portion 102 shown); and
b. a unitary inner garment body (left 102, right 102; Figs. 1-2) permanently attached to the outer body garment (when assembled, Fig. 1 shows the unitary inner garment body as “permanently attached” to the outer body garment unless acted on by an outside force) and adapted to absorb sweat perspired from the torso and arms of the wearer (Fig. 1 & paras. 25-26), the unitary inner garment body having
i. an inner torso portion positioned inside of and attached to the outer torso portion (see annotated Fig. 1 below; para. 26), and
ii. a pair of underarm cuffs attached to the inner torso portion (Fig. 2; para. 27 discloses the flap portion of 102; para. 27 also discloses “FIG. 2 shows a side view of one of the removable arm pit sections 102”, and therefore, two flap portions exist),
wherein each cuff is located on the inside surface of a respective sleeve at the underarm region (see annotated Fig. 1 below) and sized so as not to extend to the second side of the sleeve (see annotated Fig. 1 below and Fig. 2; para. 27, “the flap portion…is tucked in and not visible”), and each cuff is attached to the inside surface of the respective sleeve (Figs. 1-3 & para. 27, the flap portions are attached at and by attachment mechanism 200 to the sleeves on the interior of 100, and therefore, the mating attachment mechanisms are on the inside surface of the sleeve) such that its attachment is substantially not visible from the outside of the garment when worn by the wearer (Fig. 1; para. 27, “the flap portion…is tucked in and not visible”, and therefore the attachment mechanism 200 of each cuff is/are not visible from the outside of the garment when worn because they are connected to the nonvisible flap portions).
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Regarding claim 2, insofar as is definite, Turner teaches the garment of claim 1, wherein the inner layer further includes an edge (Fig. 1 shows the dotted lines surrounding the inner torso portions 102 as an edge) and the outer layer further includes an edge (Fig. 1 shows an edge of the outer layer being connected to the dotted lines of inner torso portions 102) and the inner and outer layers of the torso section are attached to each other at corresponding torso edges (Fig. 1 shows the dotted lines of 102 being attached at the inner and outer layers’ edges via 200, as best understood; para. 27).
Regarding claim 3, Turner teaches the garment of claim 2, wherein the inner torso portion substantially follows a contour of the outer torso portion when the garment is moved or is in motion (Fig. 1, the shape of the inner layer follows the shape of outer layer, and therefore, “follows a contour”; para. 28 discloses “an attachment mechanism at the tip of the flap so as to maintain position of the removable arm pit section 102 while in use”).
Regarding claim 4, Turner teaches the garment of claim 1, wherein the underarm cuffs are integral with the inner torso portion and attached to the outer torso portion (Fig. 2 and annotated Fig. 1 above of claim 1 rejection; para. 27; Examiner notes the term “integral” is very broad and merely means “of or belonging as an essential part of the whole”, see adj. defn. no. 1 of Random House Kernerman Webster’s College Dictionary, 2010, entry via thefreedictionary.com/integral, and therefore, the underarm cuffs of Turner is integral with the inner torso portion and attached to the outer torso portion inasmuch as claimed).
Regarding claim 5, Turner teaches the garment of claim 1, wherein each cuff has a proximal end (see annotated Fig. 2 below), a distal end (see annotated Fig. 2 below), and a pair of lateral opposing ends (see annotated Fig. 2 below, where the second lateral opposing end is opposite to the first lateral opposing end shown), and at least a portion of each lateral opposing end defines a location of attachment (see annotated Fig. 2 below, and the location of the attachment is at the lead line of 200 shown is included in the portion).
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Regarding claim 6, Turner teaches the garment of claim 5, wherein the at least portion of one of the lateral opposing ends of each cuff is attached to a first lateral seam in each sleeve (Fig. 1, the first lateral seam in each of the sleeves is the seam connecting the sleeve to the torso portion at the shoulder/armpit region; see annotated Fig. 2 above of claim 5 rejection, where the at least portion is attached to a first lateral seam in the sleeve via the attachment mechanism 200 because once the cuff is fastened/attached, the shown portion of each of the cuffs superimposes the first lateral seam in the sleeve, and therefore, is “attached to”).
Regarding claim 11, Turner teaches the garment of claim 1, wherein each cuff is attached to the inside surface of the respective sleeve with hook and loop material (para. 27).
Regarding claim 14, Turner teaches a dual-layered unitary garment (100, 102) for covering at least a portion of and for concealing sweat perspired from the upper body and arms of a wearer (paras. 25-26; Fig. 1 shows 102 on the interior torso surface of 100, and therefore, concealing sweat perspired from the torso and arms of a wearer), the garment comprising:
a. a torso section (Fig. 1) having an outer layer (100) and an inner layer (102) inside of and permanently attached to the outer layer (para. 26; when assembled, Fig. 1 shows the unitary inner garment body as “permanently attached” to the outer body garment unless acted on by an outside force), the outer layer comprising fabric (Fig. 1 and para. 27, where the outer layer 100 has a different material than left and right 102 portions) such that, in the absence of the inner layer, would absorb and tend to show sweat perspired from the upper body of the wearer if the outer layer were worn directly against the body of the wearer (paras. 25 & 27; Fig. 1);
b. a pair of sleeves (see annotated Fig. 1 above of claim 1 rejection), each having a first end connected to the outer layer of the torso section (Fig. 1, where the first end of each sleeve is the end that is attached at the underarm region); and
c. a pair of sweat-absorbing cuffs integral with (Fig. 2; para. 27 discloses the flap portions of 102) and permanently attached to the inner layer (Fig. 2; para. 27; when assembled, Fig. 1 shows portions 102 as “permanently attached” to the inner layer unless acted on by an outside force), each cuff located inside of a respective sleeve in an underarm region of the garment (Fig. 1; para. 28),
wherein sweat-absorbing cuff has a proximal end (see annotated Fig. 2 above of claim 5 rejection) attached to the first end of the respective sleeve (see annotated Fig. 2 above of claim 5 rejection, where the proximal end is attached to the end that is attached at the underarm region of the outer layer), and an opposing end (see annotated Fig. 2 above of claim 5 rejection, see annotated lateral opposing end) at least partially attached to the inside of the respective sleeve at a location of attachment (see annotated Fig. 2 above of claim 5 rejection; para. 27, partially attached via attachment mechanism 200; the location of attachment is at 200), and wherein each sweat-absorbing cuff and the location of attachment to the respective sleeve are substantially non-observable when the garment is worn by the wearer (Fig. 1 & para. 27-28).
Regarding claim 15, insofar as is definite, Turner teaches the garment of claim 14, wherein the inner layer further includes an edge (Fig. 1 shows the dotted lines surrounding the inner torso portions 102 as an edge) and the outer layer further includes an edge (Fig. 1 shows an edge of the outer layer being connected to the dotted lines of inner torso portions 102) and the inner and outer layers of the torso section are attached to each other at corresponding torso edges (Fig. 1 shows the dotted lines of 102 being attached at the inner and outer layers’ edges via 200, as best understood; para. 27).
Regarding claim 16, Turner teaches the garment of claim 14, wherein the inner layer substantially follows a contour of the outer layer of the torso section when the garment is moved or is in motion (Fig. 1, the shape of the inner layer follows the shape of outer layer, and therefore, “follows a contour”; para. 28 discloses “an attachment mechanism at the tip of the flap so as to maintain position of the removable arm pit section 102 while in use”).
Regarding claim 17, Turner teaches the garment of claim 14, wherein the sweat-absorbing cuffs are attached to the inner and outer torso section layers (Fig. 2 and annotated Fig. 1 of claim 1 rejection above).
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claim(s) 7 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2018/0098585 A1) in view of Underwood et al. (US 2016/0375277 A1).
Regarding claim 7, Turner discloses the garment of claim 6, wherein the at least portion of one of the pair of opposing ends of each cuff is attached to the first lateral seam via a zipper attachment mechanism (para. 27, once the cuff is fastened/attached, the shown portion of annotated Fig. 2 above in claim 5 rejection of each of the cuffs superimposes the first lateral seam in the sleeve, and therefore, is “attached to the first lateral seam”). Turner does not directly disclose wherein the at least portion of one of the pair of opposing ends of each cuff is sewn to the lateral seam.
However, Underwood teaches a unitary garment (10) with an outer garment body (12) and an inner garment body (14) that are sewn together (para. 32 discloses 12 and 14 are sewn together; para. 32 also discloses a zipper securement of 12 and 14 is an obvious variant of stitches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Underwood, as a simple substitution of one well known securement system for another would yield the predictable result of providing a layered garment that maintains its position when the wearer is moving. When in combination, Turner and Underwood disclose wherein the at least portion of one of the pair of opposing ends of each cuff is sewn to the lateral seam.
Regarding claim 18, Turner discloses the garment of claim 14, wherein the at least portion of one of the pair of opposing ends of each cuff is attached to the lateral seam via a zipper attachment mechanism (para. 27, once the cuff is fastened/attached, the shown portion of annotated Fig. 2 above in claim 5 rejection of each of the cuffs superimposes the first lateral seam in the sleeve, and therefore, is “attached to the lateral seam”). Turner does not directly disclose wherein at least a portion of the lateral opposing ends of each cuff is sewn to a lateral seam in the sleeve.
However, Underwood teaches a unitary garment (10) with an outer garment body (12) and an inner garment body (14) that are sewn together (para. 32 discloses 12 and 14 are sewn together; para. 32 also discloses a zipper securement of 12 and 14 is an obvious variant of stitches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Underwood, as a simple substitution of one well known securement system for another would yield the predictable result of providing a layered garment that maintains its position when the wearer is moving. Once modified, Turner and Underwood disclose wherein at least a portion of the lateral opposing ends of each cuff is sewn to a lateral seam in the sleeve.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2018/0098585 A1) and Underwood et al. (US 2016/0375277 A1), in view of Trahan (US 5,072,454 A).
Regarding claim 8, Turner and Underwood disclose the garment of claim 7. Turner discloses wherein the at least portion of the second of the pair of lateral opposing ends is attached to the lateral seam via a zipper attachment mechanism (para. 27, once the cuff is fastened/attached, the shown portion of annotated Fig. 2 above in claim 5 rejection of each of the cuffs superimposes the first lateral seam in the sleeve, and therefore, is “attached to the lateral seam”). Turner does not directly disclose wherein the at least portion of the second of the pair of lateral opposing ends is sewn.
However, Underwood teaches a unitary garment (10) with an outer garment body (12) and an inner garment body (14) that are sewn together (para. 32, where 12 and 14 are sewn together; para. 32 also discloses a zipper securement of 12 and 14 is an obvious variant of stitches, and therefore, “the at least portion of the second of the pair of lateral opposing ends is sewn”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Underwood, as a simple substitution of one well known securement system for another would yield the predictable result of providing a layered garment that maintains its position when the wearer is moving. When in combination, Turner and Underwood disclose the at least portion of the second of the pair of lateral opposing ends is sewn.
Turner and Underwood do not directly disclose a second lateral seam in the sleeve.
However, Trahan teaches a second lateral seam in the sleeve (see annotated Fig. 1 below).
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Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the outer sleeves of Turner to include a second lateral seam, as taught by Trahan, in order to provide a greater range of motion to the wearer when moving the arms/sleeves. When in combination, Turner, Underwood, and Trahan disclose wherein the at least portion of the second of the pair of lateral opposing ends is sewn to a second lateral seam in the sleeve.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2018/0098585 A1) in view of Williams (US 2006/0085886 A1).
Regarding claim 10, Turner teaches the garment of claim 1, except for wherein each cuff is attached to the inside surface of the respective sleeve with adhesive.
However, Williams teaches an absorbent underarm cuff (18), wherein each cuff is attached to the inside surface of the respective sleeve with adhesive (Fig. 1 & para. 30 discloses adhesive layer 32 that bonds cuffs 18 to the garment 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Williams, as a simple substitution of one well known securement system for another would yield the predictable result of providing an attachable cuff and would achieve the expected result of securing and easily adjusting the cuff to the garment sleeve.
Claim(s) 9 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Turner (US 2018/0098585 A1), in view of Underwood et al. (US 2016/0375277 A1), and in further view of Williams (US 2006/0085886 A1).
Regarding claim 9, Turner discloses the garment of claim 1, wherein each cuff is attached to the inside surface of the respective sleeve via a zipper attachment mechanism (para. 27). While Turner discloses a zipper attachment mechanism, Turner is silent on disclosing the attachment is a sewn attachment.
However, Underwood teaches a unitary garment (10) with an outer garment body (12) and an inner garment body (14) that are sewn together (para. 32 discloses 12 and 14 are sewn together; para. 32 also discloses a zipper securement of 12 and 14 is an obvious variant of stitches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Underwood, as a simple substitution of one well known securement system for another would yield the predictable result of providing a layered garment that maintains its position when the wearer is moving.
Turner and Underwood do not directly disclose wherein each cuff is attached to the inside surface of the respective sleeve with heat treatment.
However, Williams teaches an absorbent underarm cuff (18), wherein each cuff is attached to the inside surface of the respective sleeve with heat treatment (Fig. 1 & para. 30 discloses heat activated adhesive layer 32 that bonds cuffs 18 to the garment 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Underwood with the securement system taught by Williams, as a simple substitution of one well known securement system for another would yield the predictable result of providing an attachable cuff and would achieve the expected result of securing and easily adjusting the cuff to the garment sleeve.
Regarding claims 19 & 20, Turner discloses the garment of claim 1, wherein each cuff is attached to the inside surface of the respective sleeve via a zipper attachment mechanism (para. 27). While Turner discloses a zipper attachment mechanism, Turner is silent on disclosing the attachment is a sewn attachment.
However, Underwood teaches a unitary garment (10) with an outer garment body (12) and an inner garment body (14) that are sewn together (para. 32 discloses 12 and 14 are sewn together; para. 32 also discloses a zipper securement of 12 and 14 is an obvious variant of stitches).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Turner with the securement system taught by Underwood, as a simple substitution of one well known securement system for another would yield the predictable result of providing a layered garment that maintains its position when the wearer is moving.
Turner and Underwood do not directly disclose wherein each cuff is attached to the inside surface of the respective sleeve with heat treatment.
However, Williams teaches an absorbent underarm cuff (18), wherein each cuff is attached to the inside surface of the respective sleeve with heat treatment (Fig. 1 & para. 30 discloses heat activated adhesive layer 32 that bonds cuffs 18 to the garment 14).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the securement system of Underwood with the securement system taught by Williams, as a simple substitution of one well known securement system for another would yield the predictable result of providing an attachable cuff and would achieve the expected result of securing and easily adjusting the cuff to the garment sleeve.
Response to Arguments
Applicant’s arguments filed 10 March 2025 have been fully considered but they are not persuasive. Applicant’s arguments appear to be directed to the amended limitations, in which additional consideration and reinterpretation has been given for a new grounds of rejection, as stated above.
Regarding claims 1 and 14, rejected under 35 USC § 102:
Applicant’s Remarks: Applicant submits that Turner does not teach a “unitary inner garment body” or “dual-layered unitary garment”, meaning a single entity because Turner discloses a blazer with two separate removable armpit sections.
Examiner’s Response: Examiner respectfully disagrees because as assembled and shown in Fig. 1, Turner does indeed teach a “unitary inner garment body” and a “dual-layered unitary garment”. The number of structures as assembled produce a single entity as shown. Further, the two separate removable armpit sections of Turner are assembled on the same plane, and therefore, creates two layers of the unitary garment as shown in Fig. 1. The rejection of claims 1 and 14 is/are maintained as stated above.
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.
15Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIAO QT HOANG whose telephone number is (571)272-7557. The examiner can normally be reached Monday-Friday, 9 am - 5 pm ET.
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/G.Q.H./Examiner, Art Unit 3732
/KHOA D HUYNH/Supervisory Patent Examiner, Art Unit 3732