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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/12/2025 has been entered.
Claims 1, 4, 7, 9, 12, 16, 19 have been amended. Claims 23 and 24 were newly added. Claims 1-24 have been examined on the merits.
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.
Claims 1-24 are 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 1 recites “the looped is spaced a first distance from a first side of a pocket space” and “ as second distance from a top of the pocket space, and a third distance from a bottom of a pocket space”. The loop with respect to space is not supported by the originally filed disclosure. With respect to claim 4, “a distance between the first side and the second side of the strap being less than a distance from the first side of the pocket space to a second side of the pocket space” is not supported by the originally filed disclosure. Claim 12 recites a “space between the outer garment layer and the inner garment layer of the first side connection and the second side connection and the bottom connection” and the “loop located within the space”. The loop being within the space as currently defined is not supported by the originally filed disclosure. The “loop is spaced a first distance from a first side of the pocket space, a second distance from a top of the pocket space, and third distance from a bottom side of the pocket space” is not supported by the originally filed disclosure. Claim 16 recites a “coin pocket located within the pocket space” and newly defined is not supported by the originally filed disclosure. Claim 19 recites “overlapping material located within the pocket space”. The overlapping material located within the newly defined space is not supported by the originally filed disclosure. Claim 23 recites the first, second and bottom connections are fixed. There is not support for this limitation in the originally filed disclosure. Claim 24 recites the inner garment layer, the outer garment layer are connected at a first fixed side connection, a second side fixed connection and a bottom side fixed connection. There is no support for a fixed connection in the originally filed disclosure.
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, the “pocket space” (claim1), the first, second and third distances from a pocket space (claim 1) must be shown or the feature(s) canceled from the claim(s). A pocket space as defined in claim 12 must be shown. A loop located with the space as defined in claim 12 must be shown. 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.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1 - 24 is/are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Miner (US 9,557,139). The device of Miner teaches,
With respect to claim 1, A utility clip pocket (11), comprising:
an inner garment layer (40);
an outer garment layer (12) connected to the inner garment layer (20,24) and cooperating to form at least a portion of a pocket space (11) between the inner garment (40) layer and the outer garment layer (12, Figure 1, 4, 7);
and a loop (58, singular section) located within the pocket space (30), the loop (singular section 58) comprising a material strap (58) having a first side and a second side(formed by stitching 62 on each side of the loop , Figure 4 );
wherein the first side and the second side (at 62) are secured at fixed locations (62) , each with a fixed connection (stitching 62), within the pocket space (11) and the loop is spaced a first distance from a first side of the pocket space, a second distance from a top of the pocket space (Figure 4) , and a third distance (see distance from loop 58, to bottom edge near element 40) from a bottom of the pocket space (near bottom edge);
wherein the inner garment layer (14) and the outer garment layer form a portion of a lower body garment (Column 5, line 12).
With respect to claim 2, wherein the first distance and the second distance are between 1 and 4 inches. (Column 7, line 48, teaches the loops are formed form a MOLLE system, which is an acronym for Modular Lightweight Load-Carrying Equipment, a standard developed by US ARMY, that requires 1 inch strips with 1.5 inch spacing, Column 8, lines 1-2).
With respect to claim 3, wherein the first distance and the second distance is at least 1 inch (column 8, lines 1-2)
With respect to claim 4, wherein a distance between the first side (wall of strap 58 formed at 62) and the second side wall of strap 58 formed at 62) of the material strap is less than a distance from the first side of the pocket space (left side) to a second side of the pocket space (right side).
With respect to claim 5, wherein the loop is configured to engage a clip of a knife. The loop (58) forms a loop having an opening, and would be capable of engaging a clip as functionally recited in the claim, since the top and bottom are both free from attachment. MPEP 2114.
With respect to claim 6, wherein the material strap (58) is between .5 and 2 inches wide (Column 8, lines 1-2).
With respect to claim 7, further comprising a coin pocket (70) located within the pocket space (Figure 9).
With respect to claim 8, wherein the first side and the second side (62, 58) of the material strap (58) are secured to the coin pocket (at the rear wall of the coin pocket, figure 9).
With respect to claim 9, further comprising a secondary overlapping material (14) located within the pocket space (11) and overlapping the loop (Figure 9), the secondary overlapping material connected to the outer garment layer (Figure 9), wherein the secondary overlapping material cooperates with the outer garment layer (12) to form a secondary pocket (42) within the pocket space (Figure 9).
With respect to claim 10, wherein the secondary pocket is positioned adjacent to the loop (Figure 9) and configured to hide an object within the loop when the secondary pocket is full. The language “configured to hide an object within the loop when the secondar pocket is full is a functional recitation. The pocket is in front of the loop and therefore configured to hide the loop and an object within in, and therefore meets the claim as currently recited. See MPEP 2114.
With respect to claim 11, wherein the loop (58) is spaced a fourth distance from a second side of the pocket (figure 4).
With respect to claim 12, A lower body garment comprising: a pair of pants or shorts (column 4, line 12);
a utility clip pocket (11) attached to the pair of pants or shorts, the utility clip pocket comprising:
an outer garment layer(12)
an inner garment layer(14) having a first side (Figure 4), a second side (Figure 4), and a bottom side; a first side connection(24, right side) wherein the first side is connected to outer garment layer (20);
a second side connection (24, Left side) wherein the second side is connected to the outer garment layer (20);
a bottom side connection wherein the bottom side is connected to the outer garment layer (Column 2, lines 6-7), wherein the outer garment layer, the inner garment layer, the first side connection, the second side connection, and the bottom side connection cooperate to form at least a portion of a pocket space (11) between the outer garment layer and the inner garment layer interior of the first side connection (figure 4), the second side connection, and the bottom connection (Figure 4);
and a loop (58) located within the pocket space (11) the loop comprising a material strap (singular loop, 58 closest to element 66) having a first strap side (at 62) and a second strap side(62);
wherein the first strap side and the second strap side are secured to the garment with the first strap side (62, right side) closer to the first side connection than the second strap side and the second strap side (62 left side) closer to the second side connection than the first side connection such that the material strap extends in a width direction of the pocket (figure 4);
and wherein the loop is spaced a first distance from the first side connection at a first side of the pocket space (Figure 4), a second distance from a top of the pocket space (Figure 4), and a third distance from the bottom side connection of the pocket at a bottom side of the pocket space (Figure 4).
With respect to claim 13, wherein a distance between the first strap side (62, right side) and the second strap side (62, left side) is less (1inch) than a distance from the first side connection to the second side connection (Figure 4).
With respect to claim 14, wherein the loop is configured to engage a clip of a knife. The loop (58) forms a loop having an opening, and would be capable of engaging a clip as functionally recited in the claim, since the top and bottom are both free from attachment. MPEP 2114.
With respect to claim 15, wherein the material strap is between .5 and 2 inches wide. (Column 8, lines 1-2).
With respect to claim 16, further comprising a coin pocket (42) located within the pocket space (Figure 9).
With respect to claim 17, wherein the first distance and the second distance are between 1 and 4 inches (column 8, lines 1-2).
With respect to claim 18, wherein the first distance and the second distance is at least 1 inch (column 8, lines 1-2).
With respect to claim 19, further comprising a secondary overlapping material (14) located within the pocket space (11) and overlapping the loop (58), the secondary overlapping material (14) connected to the inner garment layer, wherein the secondary overlapping material cooperates with the inner garment layer to form a secondary pocket (42).
With respect to claim 20, wherein the secondary pocket is positioned adjacent to the loop and configured to hide an item within the loop when the secondary pocket is full. The language “configured to hide an object within the loop when the secondar pocket is full is a functional recitation. The pocket is in front of the loop and therefore configured to hide the loop and an object within in, and therefore meets the claim as currently recited. See MPEP 2114.
With respect to claim 21, wherein each of the fixed connections (62) is formed by a stitched connection (62).
With respect to claim 22, wherein each of the first strap side and the second strap side are secured to the garment at a fixed location (62) with a fixed connection (62).
With respect to claim 23, wherein the first side connection (24), the second side connection (24) and the bottom connection are fixed (Figure 4). It is noted that the fasteners of Miner et al. are fixed to one another and meet the language as currently recited when interpreted in the broadest reasonable sense.
With respect to claim 24, wherein the inner garment layer and the outer garment layer are connected at a first fixed side connection (2024), a second fixed side connection (20, 24) and a bottom fixed connection (Figure 4). It is noted that the fasteners of Miner et al. are fixed to one another and meet the language as currently recited when interpreted in the broadest reasonable sense.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. PTO-892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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 5712725559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732