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 .
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(s) 1 - 6, 15, 18 - 20 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iannotta, US 2018/0098616 in view of Silverman, US 9,066,507.
Regarding claim 1, Iannotta discloses a handsfree device carrying garment comprising: a garment (12) including an attachment receiving component (14) and a plurality of attachment components (38); and a device carrying accessory including an attachment component (26), an extendable arm (24), and a device holding component (42); wherein the device carrying accessory is adjustably attached (movable) to the garment (12); wherein the extendable arm (24) is operable to move from an extended position (figure 5) to a retracted position (when telescoped in), wherein, when moving from the retracted position to the extended position, the extendable arm (24) extends away from the garment (12); [and wherein the device holding component (42) is operable to receive at least one device], wherein the device holding component (42) is positioned at a first end of the extendable arm (24), wherein the attachment component (38) is positioned at a second end of the extendable arm (24), wherein the first end of the extendable arm (24) is positioned on an opposite side of the extendable arm (24) relative to the second end of the extendable arm (24).
Iannotta does not explicitly disclose wherein the attachment receiving component (14) includes a slot; wherein the attachment component (26) includes a bracket; wherein the bracket of the attachment component (26) attaches to the slot of the attachment receiving component (14). It is noted that Iannotta discloses the attachment component (26) is a ball joint to attach the arm (24) to the receiving component (14).
Silverman teaches a garment (12) wherein the attachment receiving component (30) includes a slot (46); wherein the attachment component (108) includes a bracket (104); wherein the bracket (104) of the attachment component (108) attaches to the slot (46) of the attachment receiving component (30). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the garment of Iannotta to include an attachment configuration as taught by Silverman in order to provide a quick and releasable connection between the device holding component and the garment.
Claim language set in brackets [] set forth above and below in this office action are considered by the examiner to be intended use that fails to further limit the structure of the claimed invention. Since the claimed invention is directed solely to that of the carrying garment, the prior art must only be capable of performing the functional recitations in order to be applicable, and in the instant case, the examiner maintains that the wearable system taught by the combination of Iannotta (US 2018/0098616) and Silverman (US 9,066,507) and/or Davis (US 2021/0099556), is indeed capable of the intended use statements. Note that it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Regarding claim 2, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 1. Silverman further teaches wherein the slot (46) is positioned about a center of a front surface of the garment (12), wherein the bracket (104) is positioned on a rear surface of the attachment receiving component (30).
Regarding claim 3, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 1. Iannotta further discloses wherein the garment (12) includes a vest (for wearing over a shirt; figures 5 and 6), wherein the plurality of attachment components (38) includes a first plurality of shoulder attachment components (20; the adjustment clip 20 comprises clip components for adjusting the strap 16), a second plurality of shoulder attachment components (20; the second adjustment clip comprises clip components for adjusting the other strap 16), and a plurality of side attachment components (38; more than one side buckles), wherein the first plurality of shoulder attachment components (20) is positioned on a front of the vest (12), wherein the second plurality of shoulder attachment components (20) is positioned on a back of the vest (12), wherein the first plurality of shoulder attachment components (20) is removably attached (via the strap 16; when the clips are slidably adjusted to be removed from said strap 16) to the second plurality of shoulder attachment components (20).
Regarding claim 4, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 3. Iannotta further discloses wherein the extendable arm (24) is designed for telescopic movement (see paragraph [0019]), wherein the extendable arm (24) includes at least two telescopic sections (see figure 5), wherein the extendable arm (24) is designed to lock into a position at an end of each telescopic section of the at least two telescopic sections (figure 5).
Regarding claim 5, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 4. Iannotta further discloses wherein the device holding component (42) is rotatably attached (see paragraph [0020]) to the extendable arm (24).
Regarding claim 6, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 1. Iannotta further discloses wherein the extendable arm (24) is rotatably attached to the attachment component (26) of the device carrying accessory, wherein the extendable arm (24) is movable in a circular motion (via a ball joint connection at 26) relative to the attachment receiving component (26).
Regarding claim 15, Iannotta discloses a handsfree device carrying garment comprising: a garment (12) including an attachment receiving component (14) and a plurality of garment attachment components (20, 38), wherein the garment (12) includes a vest (to be worn over a shirt as shown in the figures 5 and 6), wherein the plurality of garment attachment components (20, 38) includes a plurality of shoulder attachment components (20) and a plurality of side attachment components (38), wherein the plurality of side attachment components (38) wraps around a back of the vest (12); and a device carrying accessory including a base (26) with an attachment component (the ball joint component of 26), an extendable arm (24), and a device holding component (42); wherein the plurality of garment attachment components (20, 38) is operable to attach (see figure 1) a front of the garment (12) to a back of the garment (12); wherein the extendable arm (24) is adjustably attached to the base (26), wherein the extendable arm (24) is operable to move from an extended position (figure 5) to a retracted position (when telescoped inward), wherein, when moving from the retracted position to the extended position, the extendable arm (24) extends away from the garment (12); [wherein the device holding component (42) is operable to receive at least one device], wherein the device holding component (42) is positioned at a first end of the extendable arm (24), wherein the attachment component (26) is positioned at a second end of the extendable arm (24), wherein the first end of the extendable arm (24) is on an opposite side of the second end of the extendable arm (24); and wherein the extendable arm (24) is operable to move in a circular motion (via a ball joint connection at 26) relative to the attachment component (26).
Iannotta does not explicitly disclose wherein the device carrying accessory adjustably attaches to the garment, wherein the attachment receiving component is operable to receive the base attachment component, wherein the attachment receiving component includes at least one slot, wherein the base attachment component includes at least one bracket, wherein the at least one bracket is adjustably positioned within the at least one slot. Silverman teaches a garment (12) wherein the device carrying accessory (16) adjustably attaches to the garment (12), wherein the attachment receiving component (46) is operable to receive the base attachment component (108), wherein the attachment receiving component (46) includes at least one slot (the recess), wherein the base attachment component (108) includes at least one bracket (104), wherein the at least one bracket (104) is adjustably positioned within the at least one slot (46). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the garment of Iannotta to include an attachment configuration as taught by Silverman in order to provide a quick and releasable connection between the device holding component and the garment (via the attachment component).
Further, the combination of Iannotta and Silverman does not expressly teach wherein the plurality of side attachment components (38) include at least one hook and loop fastener, wherein at least two shoulder attachment components (20) of the plurality of shoulder attachment components are connected via at least one snap fastener. Official Notice is taken that fastening mechanisms used on straps of wearable articles (garments with straps used as a harness and/or vest) are routinely interchanged among side-released buckles, hook and loop fasteners, slide buckles and snap fasteners based on design choice, ease of use, bulkiness and manufacturing considerations. It is further noted that straps in such wearable articles are frequently formed from elastic materials, which inherently provide automatic adjustment and a substitution from a slide buckle to a snap fastener does not the remove the adjustment feature due to the material itself. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to replace a slide buckle (20 of Iannotta) with a snap fastener (when the strap is elastic) and the side release buckles (38) with hook and loop fasteners to arrive at the claimed invention in order to provide quick attachment and detachment. It is further noted that these modifications constitute simple substitutions of one known element for another. Specifically, replacing a side release buckle (on a side strap) with a hook and loop fastener and replacing a slide buckle with a snap fastener (on an elastic shoulder strap), involve known fastening elements performing their established functions. The substitution yield predictable results: securing side straps and shoulder straps while maintaining fit and usability of the vest (harness) and therefore would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 18, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 15. Iannotta further discloses wherein the device holding component (42) is in an upright position relative to the extendable arm (24).
Regarding claim 19, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 15. Iannotta further discloses wherein the extendable arm (24) includes a plurality of telescopic components (figure 5), wherein the plurality of telescopic components includes at least five telescopic components (five sections of said arm 24).
Regarding claim 20, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 15. Iannotta further discloses wherein, when in the retracted position, the device carrying accessory rests against the garment (12).
Regarding claim 22, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 1. The combination further teaches wherein the device carrying accessory is configured for at least six separate locking positions (when the arm 24 is adjusted so that the handsfree device is suspended outwardly from one’s body in virtually any position; paragraph [0017] of Iannotta), wherein the six locking positions are separated by 30 degrees relative to a horizontal orientation (inherent features of the adjustable system of the combination of Iannotta and Silverman).
Claim(s) 7 - 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iannotta, US 2018/0098616 in view of Davis, US 2021/0099556.
Regarding claim 7, Iannotta discloses a handsfree device carrying garment comprising: a garment (12) including an attachment receiving component (14) and a plurality of attachment components (38); and a device carrying accessory including an attachment component (26), an extendable arm (24), and a device holding component (42); wherein the device carrying accessory adjustably attaches to the garment (12), wherein the attachment receiving component (14) is operable to receive the attachment component (26) of the device holding component (42), wherein the attachment receiving component (14) includes at least one slot (female buckle portion of 38), wherein the attachment component (38) includes at least one bracket (male buckle portion), wherein the at least one bracket (of 38) is adjustably positioned within the at least one slot (of 38); wherein the extendable arm (24) is operable to move from an extended position to a retracted position (see paragraph [0019]), wherein, when moving from the retracted position to the extended position, the extendable arm (24) extends away from the garment (12); [wherein the device holding component (42) is operable to receive at least one device], wherein the device holding component (42) is positioned at a first end of the extendable arm (24), wherein the attachment component (26) is positioned at a second end of the extendable arm (24), wherein the first end of the extendable arm (24) is positioned on an opposite side of the second end of the extendable arm (24); and wherein the extendable arm (24) is operable to move in a circular motion (via a ball joint connection at 26) relative to the attachment receiving component (14).
Iannotta does not explicitly disclose wherein the holding component (42) includes a plurality of locking components, [wherein the plurality of locking components is configured to wrap around the at least one device]. Davis teaches a holding component (30) including a plurality of locking components (31), wherein the plurality of locking components (31) is configured to wrap around the at least one device (200). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the holding component of Iannotta to include locking components as taught by Davis in order to provide a more secured holding of the device.
Regarding claim 8, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the garment includes a vest (for wearing over a shirt), wherein the plurality of attachment components (38) includes a first plurality of shoulder attachment components (20; the clip 20 comprises components for attaching to a strap 16), a second plurality of attachment components (20; the clip 20 comprises components for attachment), and a plurality of side attachment components (38), wherein the first plurality of shoulder attachment components (20) is positioned on a front (a left side) of the vest (12), wherein the second plurality of attachment components (20) is positioned on a back (a right side) of the vest (12), wherein the first plurality of shoulder attachment components (20) is removably attached (via the strap 16) to the second plurality of shoulder attachment components.
Regarding claim 9, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the extendable arm (24) is configured for telescopic movement, wherein the extendable arm (24) includes at least two telescopic sections (figure 5), wherein the extendable arm (24) is designed to lock into a position at an end of each telescopic section of the at least two telescopic sections (see figure 5).
Regarding claim 10, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the device holding component (42) rotatably attaches (can rotate 360 degrees) to the extendable arm (24).
Regarding claim 11, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the device carrying accessory is operable for a plurality of locking positions (via the means of a ball joint connection at 26), wherein the plurality of locking positions includes at least two positions (for positioning) separated by at least 45 degrees relative to the attachment receiving component (14).
Regarding claim 12, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the device carrying accessory is operable for a plurality of locking positions (via the means of a ball joint connection at 26), wherein the plurality of locking positions includes at least five positions (for positioning) separated by at least 45 degrees relative to the attachment receiving component (14).
Regarding claim 13, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 7. Iannotta further discloses wherein the extendable arm (24) is rotatably attached (via a ball joint connection) to the attachment component (26) of the device carrying accessory, wherein, the extendable arm (24) is rotatable in a circular motion (due to the ball joint connection), wherein the circular motion includes a vertical direction (see figure 5) relative to the attachment receiving component (14), wherein the circular motion further includes a horizontal motion (when the component 42 is further rotated at an end of the arm 24; the component 42 can rotate 360 degrees) relative to the attachment receiving component (14).
Regarding claim 14, the combination of Iannotta and Davis teaches the handsfree device carrying garment of claim 13. Iannotta further discloses wherein the extendable arm (14) is operable to rotate 360 degrees (via the ball joint connection) relative to the garment (12).
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Iannotta, US 2018/0098616 in view of Silverman, US 9,066,507 as applied to claim 1 above, and further in view of Davis, US 2021/0099556.
Regarding claim 21, the combination of Iannotta and Silverman teaches the handsfree device carrying garment of claim 1. The combination of Iannotta and Silverman does not expressly teach wherein the device holding component includes a plurality of locking components designed to wrap around a device. Davis teaches a holding component (30) including a plurality of locking components (31), wherein the plurality of locking components (31) is configured to wrap around the at least one device (200). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the holding component of the combination of Iannotta and Silverman to include locking components as taught by Davis in order to provide a more secured holding of the device.
Response to Arguments
Applicant's arguments filed October 6, 2025 have been fully considered but they are not persuasive. Applicant has amended the claims to include features not previously presented for consideration, i.e., “wherein the bracket of the attachment component attaches to the slot of the attachment receiving component” in claim 1. The amendment has necessitated a new ground of rejection as set forth above wherein the attachment feature has been addressed by the combination of Iannotta (US 2018/0098616) and Silverman (US 9,066,507). Applicant has argued that Iannotta discloses a harness, not a vest. The argument is found not persuasive since “a vest” has been interpreted as a wearable article positioned over a shirt (or torso) as disclosed by Iannotta. In other words, the harness system of Iannotta is worn over a shirt with a garment component (22) on the front side of the wearer falls within the scope of the broadly claimed term “vest”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892 for similar art cited.
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.
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/R.D./Examiner, Art Unit 3677
/JASON W SAN/SPE, Art Unit 3677