DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after January 7, 2024, in which claims 1-4 were presented for examination, are being examined under the first inventor to file provisions of the AIA .
In the event the determination of the status of the application as subject to AIA 35
U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
correction of the statutory basis for the rejection will not be considered a new ground of
rejection if the prior art relied upon, and the rationale supporting the rejection, would be
the same under either status.
If Applicant has questions, Examiner Marin can be reached at (571)-272-3529 or Applicant can contact the USPTO Inventor Assistance Center at Toll-Free
800-786-9199. For additional help, Applicant can also visit:
https://www.uspto.gov/learning-and-resources/newsletter/inventors-eye/pro-se-assistance-program.
Drawings
Regarding Drawing filed November 20, 2023, color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2).
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 “An accompanying strip of fabric that stretches from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back (claim 1)” must be shown or the feature(s) canceled from the claim(s). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the reference sign(s) for the structures mentioned in the claims: “disposable shirt, crotch strip, pullover shirt, accompany strip of fabric, adhesive points (claim 1)” 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. 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.
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: “A disposable shirt and crotch strip to protect clothing customers against bacteria or contamination when trying on either upper-torso garments or undergarments, pants, and shorts, forming: - A pullover shirt for the upper torso that covers the entire abdominal region, chest area, shoulders, arms, underarms and back. - An accompanying strip of fabric that stretches from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back, with adhesive points attached to each end of the crotch strip that stick to the disposable shirt in the front and back to hold it in place (claim 1)”, “The shirt and crotch strip of claim one to be made with a transparent, now-woven, microbial-protective material generally used for disposable medical gowns and garments, or with alternative anti-microbial material for diverse supply options and cost ranges (claim 2)”, “ the crotch strip of claim one to include adhesive dots attached to each end of the strip to adhere to the front and back of the disposable shirt to hold the strip material in place (claim 3)”, and “The disposable shirt and crotch strip in claim one to be cut into varied sizes to fit at least one of the following measurements: -small -medium -large -extra large (claim 4)”.
Examiner notes Applicants claimed limitations are not disclosed within the Specification, but are in the Abstract instead. Examiner strongly suggests adding the claimed limitations from the Abstract into the Specification.
The following guidelines illustrate the preferred layout for the specification of a utility application. These guidelines are suggested for the applicant’s use.
Arrangement of the Specification
As provided in 37 CFR 1.77(b), the specification of a utility application should include the following sections in order. Each of the lettered items should appear in upper case, without underlining or bold type, as a section heading. If no text follows the section heading, the phrase “Not Applicable” should follow the section heading:
(a) TITLE OF THE INVENTION.
(b) CROSS-REFERENCE TO RELATED APPLICATIONS.
(c) STATEMENT REGARDING FEDERALLY SPONSORED RESEARCH OR DEVELOPMENT.
(d) THE NAMES OF THE PARTIES TO A JOINT RESEARCH AGREEMENT.
(e) INCORPORATION-BY-REFERENCE OF MATERIAL SUBMITTED ON A READ-ONLY OPTICAL DISC, AS A TEXT FILE OR AN XML FILE VIA THE PATENT ELECTRONIC SYSTEM.
(f) STATEMENT REGARDING PRIOR DISCLOSURES BY THE INVENTOR OR A JOINT INVENTOR.
(g) BACKGROUND OF THE INVENTION.
(1) Field of the Invention.
(2) Description of Related Art including information disclosed under 37 CFR 1.97 and 1.98.
(h) BRIEF SUMMARY OF THE INVENTION.
(i) BRIEF DESCRIPTION OF THE SEVERAL VIEWS OF THE DRAWING(S).
(j) DETAILED DESCRIPTION OF THE INVENTION.
(k) CLAIM OR CLAIMS (commencing on a separate sheet).
(l) ABSTRACT OF THE DISCLOSURE (commencing on a separate sheet).
(m) SEQUENCE LISTING. (See MPEP § 2422.03 and 37 CFR 1.821 - 1.825). A “Sequence Listing” is required on paper if the application discloses a nucleotide or amino acid sequence as defined in 37 CFR 1.821(a) and if the required “Sequence Listing” is not submitted as an electronic document either on read-only optical disc or as a text file via the patent electronic system.
Claim Rejections - 35 USC § 112
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.
Claims 1-4 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.
Regarding claims 1-4, there is no transitional phrase, such as: "comprising", "consisting essentially of" and "consisting of", to define the scope of an independent claim with respect to what un-recited additional components or steps, if any, are excluded from the scope of the claim.
Regarding claim 1, the limitation “a pullover shirt” in line 3 is indefinite because it is unclear if the “pullover shirt” is the same as the “disposable shirt” or a different structure. Examiner assumes the “pullover shirt” is the “disposable shirt”. If Applicant agrees, then the naming of both should be the same.
Regarding claim 1, the limitation “an accompanying strip of fabric” in line 5 is indefinite because it is unclear if the “accompanying strip of fabric” is the same as the “crotch strip” or a different structure. Examiner assumes the “accompanying strip of fabric” is the “crotch strip”. If Applicant agrees, then the naming of both should be the same.
Regarding claim 1, it recites the limitation "disposable shirt in the front and back" in line 7. There is insufficient antecedent basis for this limitation in the claim. Examiner assumes Applicant is trying to claim “a front and a back of the disposable shirt”, since the “front” and “back” are being claimed for the first time.
Regarding claims 2-4, the preamble of the dependent claims is different from the preamble of claim 1, which they depend from. The preamble of claims 2-4 should read as “The disposable shirt and crotch strip of claim 1”.
Regarding claim 2, the limitation “The shirt and crotch strip of claim one to be made with a transparent, now-woven, microbial-protective material generally used for disposable medical gowns and garments, or with alternative anti-microbial material for diverse supply options and cost ranges” in lines: 1-3 are indefinite because it is unclear if the shirt and crotch strip are made of the material(s) listed within the claim, or if they are each made of different materials. Examiner assumes the shirt and crotch strip are made of the same material.
Regarding claim 3, the limitation “adhesive dots” in line 1 is indefinite because it is unclear if the “adhesive dots” are the same as the “adhesive points”, in claim 1, or a different structure. Examiner assumes the “adhesive dots” are the “adhesive points”.
Regarding claim 3, it recites the limitation "the front and back of the disposable shirt to hold the strip material in place" in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. A “strip material” has not been explicitly claimed before. Examiner assumes the “strip material” is the “crotch strip”.
Claims 1 and 4 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
The claim(s) are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited.
Regarding claim 1, the claimed limitations contain a plurality of periods and should be in one sentence form only.
Regarding claim 4, the claimed limitations do not end with a period.
Examiner has given an example of some of the Applicants claims re-written in a proper format (see below); this is not an admission of allowability, this is to assist the pro-se applicant understanding the proper format.
Claim 1. A disposable shirt and crotch strip to protect clothing customers against bacteria or contamination when trying on either upper-torso garments or undergarments, pants, and shorts, wherein the disposable shirt and crotch strip comprise:
a pullover shirt for the upper torso that covers the entire abdominal region, chest area, shoulders, arms, underarms and back;
an accompanying strip of fabric that is configured to stretch from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back;
wherein, the accompanying strip of fabric includes adhesive points attached to each end of the crotch strip, that stick to a front and back of the disposable shirt, to hold the disposable shirt it in place.
Claim 2. The disposable shirt and crotch strip of claim 1 further comprising:
Wherein the disposable shirt and crotch strip are made with a transparent, now-woven, microbial-protective material generally used for disposable medical gowns and garments, or with alternative anti-microbial material for diverse supply options and cost ranges.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-4 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Regarding claim 1, the limitation “An accompanying strip of fabric that stretches from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back” in lines: 5-6, is claiming a human organism. Examiner suggests changing the limitation to “An accompanying strip of fabric configured to stretch from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back”.
Claims 2-4 are rejected because they depend directly or indirectly on rejected claims.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 3, and 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Suter (US PG Pub. 2023/0082995), as best understood.
Regarding claim 1, Suter discloses a disposable shirt (102, Fig. 3-4) and crotch strip (104) to protect clothing customers against bacteria or contamination when trying on either upper-torso garments or undergarments, pants, and shorts (“to protect…shorts” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function, as shown in Fig. 3-4), forming: A pullover shirt (102) for the upper torso that covers the entire abdominal region, chest area, shoulders, arms, underarms and back (“for the…back” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function, Fig. 3 and 4, examiner notes Par. 0040 explains the garment may include sleeves) - An accompanying strip of fabric (104) that stretches from the abdomen downward to run in between the legs and crotch area and then upwards again to the lower back (Par. 0029, examiner notes as shown in Fig. 3-4), with adhesive points (202 and 204, Par. 0043-0045, examiner notes snaps, 202 and 204, are “adhesive points” since they are capable of adhering to the garment shown in Fig. 3-4. In addition, Applicants Specification does not elaborate on the metes and bounds for “adhesive points”) attached to each end of the crotch strip that stick to the disposable shirt in the front and back to hold it in place (as shown in Fig. 3-4).
Regarding claim 3, Suter discloses to include adhesive dots (202 and 204) attached to each end of the strip (as shown to Fig. 3-4) to adhere to the front and back of the disposable shirt to hold the strip material in place (as shown to Fig. 3-4).
Regarding claim 4, Suter discloses the disposable shirt (102) and crotch strip (104) in claim one to be cut into varied sizes to fit at least one of the following measurements: -small -medium -large -extra large (“to be…extra large” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
Claim Rejections - 35 USC § 103
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Suter in view of Caceres et al. “Caceres” (US PG Pub. 2024/0114977), as best understood.
Regarding claim 2, Suter discloses the invention substantially as claimed above.
Suter does not explicitly disclose the shirt and crotch strip made with a transparent, now-woven, microbial-protective material generally used for disposable medical gowns and garments, or with alternative anti-microbial material for diverse supply options and cost ranges.
However, Caceres teaches yet another shirt and crotch strip (examiner notes element 10 in Fig. 1 encompasses the shirt, combination of 11, 12,13, 14, and 15, and crotch strip, combination of 21, 22, 23, and 26), wherein Caceres teaches the shirt and crotch strip made with an alternative anti-microbial material for diverse supply options and cost ranges (Par. 0022, examiner notes “polyester” is well known in the art as an “anti-microbial material”. “for diverse…ranges” is considered as a functional limitation, the device of the prior art discloses substantially all of the claimed structural elements and therefore it is fully capable to perform the claimed function).
It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use polyester as taught by Caceres as the material for the shirt and crotch strip of Suter. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, because polyester was a well-known material for shirt and crotch strips wearable protective gear as taught by Caceres, in order to reduce contamination the wearer may receive.
Conclusion
The prior art made of record and not relied upon is considered pertinent (See PTO-892) to applicant's disclosure.
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Certificate of Mailing
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/KHALED ANNIS/Primary Examiner, Art Unit 3732