Prosecution Insights
Last updated: April 17, 2026
Application No. 18/531,798

FASHIONABLE AND FUNCTIONAL MEDICAL GOWN

Final Rejection §103§112
Filed
Dec 07, 2023
Examiner
SHOULDERS, ANNIE LEE
Art Unit
3794
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
unknown
OA Round
2 (Final)
72%
Grant Probability
Favorable
3-4
OA Rounds
3y 11m
To Grant
91%
With Interview

Examiner Intelligence

Grants 72% — above average
72%
Career Allow Rate
131 granted / 182 resolved
+2.0% vs TC avg
Strong +19% interview lift
Without
With
+18.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 11m
Avg Prosecution
52 currently pending
Career history
234
Total Applications
across all art units

Statute-Specific Performance

§101
0.4%
-39.6% vs TC avg
§103
53.3%
+13.3% vs TC avg
§102
17.7%
-22.3% vs TC avg
§112
21.2%
-18.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 182 resolved cases

Office Action

§103 §112
DETAILED ACTION Notice of Pre-AIA or AIA Status 1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . 2. 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. Response to Arguments 3. Applicant’s arguments with respect to claim(s) 1-4, 7-15, and 17-20 have been considered but are moot because the new ground of rejection does not rely on any reference or combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Claim Rejections - 35 USC § 112 4. Claims 1, 12, and 20, as well as dependent claims 2-11 and 13-19, were previous rejected under 35 U.S.C. 112(b) as being indefinite. However, Claims 1, 12, and 20 have been amended to overcome these rejections. Therefore, the rejections have been withdrawn. Claim Rejections - 35 USC § 103 5. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. 6. Claims 1-4, and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Rabin U.S. 2017/0332711 (herein referred to as “Rabin”), and in view of Trapani U.S. 2012/0117708 (herein referred to as “Trapani”). 7. Regarding Claim 1, Rabin teaches a hospital gown (Fig. 1) comprising: a. a rear panel including an upper body portion and a lower body portion (Fig. 1, understood there is a back panel; para 0034, “back of medical gown 100”; ref num 110 is the upper body portion, ref num 120 is the lower body portion); and b. a front panel (see Fig. 1); c. wherein said upper body portion extending from a neckline to a midsection of the wearer (Fig. 1, ref num 110 extends from neckline, ref num 114, to midsection of ref num 110; para 0039) and said lower body portion extending from said midsection of the wearer to a terminal hem proximal to at least the knees of the wearer (Fig. 1, ref num 120 extends from midsection to a terminal hem, ref num 122; para 0036, “provided at lengths… calf-length, or ankle-length”); d. wherein said upper body portion having a zipper extending from said neckline to said midsection (Fig. 1, ref num 113; Fig. 2, ref nums 113a/113b; para 0033, “closures 113 may be in a different form… a zipper and zipper track”) for easy donning and disrobing of said hospital gown by the wearer upon unfastening of said zipper (para 0003); e. wherein said lower body portion having a hook and loop fastener extending from said midsection to said terminal hem (Fig. 2, ref num 126; para 0038, “closures 126 may be in the form of… hook-and-loop fasteners”); and f. wherein said hook and loop fastener having a selectively releasable seam for creating an opening for enabling another to access said midsection of the wearer (para 0045). While Rabin fails to explicitly teach that the upper body portion and the lower body portion in which the zipper and hook and loop fasteners reside on, respectively, are not on the rear panel, it is discussed that the medical gown may be worn in a reversible orientation (para 0044, “medical gown 100 may be disposed on a wearer in a reverse orientation”). This would then have the openings made by the zipper and hook and loop fasteners be on the back-side of the wearer in order to access the back of the patient (para 0034, 0044). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin with itself to have the zipper on the upper body portion, and the hook and loop fastener on the lower body portion, be on the rear panel in order to access the back of the patient. Rabin also fails to teach the hospital gown is an antimicrobial coated polypropylene gown. Trapani teaches a hospital garment of analogous art (Fig. 3), wherein the garment is a gown (abstract, “medical garments including tunics, gowns, coveralls, jackets, scrub tops, scrub pants, lab coats, footwear covers, linens, curtains and dividers”), such that the gown is an antimicrobial coated polypropylene gown (para 0021, “ The utility model relates to an antimicrobial machine woven cloth… During the one to five weaving procedures, at least one piece of latitude wire or a longitude wire is made of silver coated fiber, a silver coated fiber long thread; or a mixed yarn is formed by short silver coated fiber, cotton fiber and/or chemical fiber. Due to the silver ions contained in the silver coated fiber, which has excellent sterilizing and germ reproduction restriction efficacy, therefore the utility model provides excellent sterilization, antimicrobial functions”; para 0073, “The fabric may include woven and non-woven fabrics and cloths, for example natural fiber fabrics such as cotton, wool, silk, hemp and the like and synthetic materials such as polyester, polypropylene, nylon and the like, and combinations thereof”). It would have been obvious to one having ordinary skill in the art at the time the invention was made to haver the gown be made of an antimicrobial coated polypropylene material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. 8. Regarding Claim 2, Rabin teaches said terminal hem is proximal to the ankle of the wearer (Fig. 1, ref num 120 extends from midsection to a terminal hem, ref num 122; para 0036, “provided at lengths… calf-length, or ankle-length”). 9. Regarding Claim 3, Rabin teaches said upper rear portion and said lower rear portion are a unitary structure (para 0012, “upper body portion and the lower body portion are joined with one another so as to form a unitary garment”; see Figs. 1 and 5; para 0049). 10. Regarding Claim 4, Rabin teaches said front panel having an opposing pair of sleeves extending therefrom (Fig. 1, ref num 11; para 0034-0035). 11. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Rabin and Trapani, and further in view of Schneider U.S. 2021/0321697 (herein referred to as “Schneider”). 12. Regarding Claim 7, Rabin fails to teach said material having Photoluminescent material for absorbing and storing energy from ultraviolet light, and then re-emitting the stored energy in the form of light over an extended period of time. Schneider teaches a garment that is used patients in the medical field of analogous art (para 0001, 0022, 0043), such that the garment has a material having Photoluminescent material (para 0034, “phosphorescent material”) for absorbing and storing energy from ultraviolet light (para 0034, “sublimated emission layer 45 absorbs visible light… prior to sublimation, the phosphorescent layer 44 only received and emits visible light… however, this changes when… after sublimation… after exposure to a light source… the best light source of light to charge this mask 1 or other fabrics treated with this process is ultraviolet light”), and then re-emitting the stored energy in the form of light over an extended period of time (para 0034, “emits visible light… can continuously emit this level of UV-C”). This type of material aids in the cleaning and sanitizing of the garment in order to limit transmission of viruses and bacteria (para 0060). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin to include that the material have a photoluminescent material in order to aid in the sterilization process of the material, ultimately limiting the transmission of bacteria between uses of the garment. 13. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Rabin and Trapani, and further in view of Schneider and Norris U.S. 2023/0248603 (herein referred to as “Norris”). 14. Regarding Claim 8, Rabin fails to explicitly teach the hospital gown is machine washable. Norris teaches a medical garment of analogous art (Figs. 2-5), such that the garment is made of a material that is machine washable (para 0032, “clothing system (100) is constructed of a machine washable fabric. The fabric is constructed of cotton, polyester, spandex, rayon, or any combination thereof”). Since Rabin does teach that the material of the hospital gown is made of these same materials (Rabin, para 0032), then one would assume that the gown is machine washable. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the hospital gown as taught by Rabin be machine washable, since it is held that the material the gown is made out of is machine washable. 15. Claims 9, 10, 12-15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Rabin and Trapani, and further in view of Ochoa U.S. 2008/0000006 (herein referred to as “Ochoa”). 16. Regarding Claim 9, Rabin fails to teach said front panel having a pocket proximal to a chest area of the wearer. Ochoa teaches a hospital gown of analogous art (Figs. 13 and 14), wherein the gown has a front panel (see Figs. 13 and 14; para 0018, “front panel”). The front panel has a pocket proximal to a chest area of the wearer (Fig. 14, ref num 200; para 0018, “pocket is provided on one (or both) of the front panel”; para 0020, “pockets are known along the upper left and right chest regions of the gown”; para 0063, “device pockets 200 and 205”). The pocket may be used to attachment or storage of medical devices needed by the patient (para 0018). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Rabin to include a pocket in the hospital gown to add the benefit of holding any necessary medical devices needed by the patient. 17. Regarding Claim 10, Rabin fails to explicitly teach that said front panel and said rear panel stitched together to form a unitary structure. Ochoa teaches a hospital gown of analogous art (Fig. 2), wherein the gown has a front panel and a rear panel (Fig. 2, ref num 21 = rear panel, ref nums 35 and 45 = front panel; para 0044), such that the front panel and rear panel are stitched together to form a unitary structure (see Fig. 2, ref nums 50a and 50b; para 0044). While Rabin does not explicitly teach stitching the front and rear panel together, they do discuss the garment being a unitary structure (Rabin, see Fig. 1; para 0012). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included stitching, like that taught in Ochoa, in order to produce the same expected result of forming a unitary structure with the front and rear panels. 18. Regarding Claim 12, Rabin teaches a hospital gown (Fig. 1) comprising: a. a rear panel including an upper body portion and a lower body portion (Fig. 1, understood there is a back panel; para 0034, “back of medical gown 100”; ref num 110 is the upper body portion, ref num 120 is the lower body portion); and b. a front panel (see Fig. 1); c. wherein said upper body portion extending from a neckline to a midsection of the wearer (Fig. 1, ref num 110 extends from neckline, ref num 114, to midsection of ref num 110; para 0039) and said lower body portion extending from said midsection of the wearer to a terminal hem proximal to at least the knees of the wearer (Fig. 1, ref num 120 extends from midsection to a terminal hem, ref num 122; para 0036, “provided at lengths… calf-length, or ankle-length”); d. wherein said upper body portion having a zipper extending from said neckline to said midsection (Fig. 1, ref num 113; Fig. 2, ref nums 113a/113b; para 0033, “closures 113 may be in a different form… a zipper and zipper track”) for easy donning and disrobing of said hospital gown by the wearer upon unfastening of said zipper (para 0003); e. wherein said lower body portion having a first longitudinal edge and a second longitudinal edge forming a selectively releasable seam (Fig. 1, ref nums 124; also see Fig. 5; para 0037, 0049); f. wherein said first longitudinal edge having a plurality of snap buttons (para 0038; Fig. 1, ref num 126); g. wherein said second longitudinal edge having a plurality of snap button receivers for detachably fastening with said snap buttons to selectively close said seam (para 0038, 0048; para 0042, “closure parts 126a, 126b that may include male and female features”); h. wherein said seam extending from said midsection to said terminal hem (see Fig. 1; para 0037); and i. further wherein said selectively releasable seam creating an opening for enabling another to access said midsection of the wearer (para 0037, 0042). While Rabin fails to explicitly teach that the upper body portion and the lower body portion in which the zipper and releasable seam reside on, respectively, are not on the rear panel, it is discussed that the medical gown may be worn in a reversible orientation (para 0044, “medical gown 100 may be disposed on a wearer in a reverse orientation”). This would then have the openings made by the zipper and releasable seam be on the back-side of the wearer in order to access the back of the patient (para 0034, 0044). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin with itself to have the zipper on the upper body portion, and the releasable on the lower body portion, be on the rear panel in order to access the back of the patient. Rabin also fails to teach the hospital gown is an antimicrobial coated polypropylene gown and a collar. Trapani teaches a hospital garment of analogous art (Fig. 3), wherein the garment is a gown (abstract, “medical garments including tunics, gowns, coveralls, jackets, scrub tops, scrub pants, lab coats, footwear covers, linens, curtains and dividers”), such that the gown is an antimicrobial coated polypropylene gown (para 0021, “ The utility model relates to an antimicrobial machine woven cloth… During the one to five weaving procedures, at least one piece of latitude wire or a longitude wire is made of silver coated fiber, a silver coated fiber long thread; or a mixed yarn is formed by short silver coated fiber, cotton fiber and/or chemical fiber. Due to the silver ions contained in the silver coated fiber, which has excellent sterilizing and germ reproduction restriction efficacy, therefore the utility model provides excellent sterilization, antimicrobial functions”; para 0073, “The fabric may include woven and non-woven fabrics and cloths, for example natural fiber fabrics such as cotton, wool, silk, hemp and the like and synthetic materials such as polyester, polypropylene, nylon and the like, and combinations thereof”). It would have been obvious to one having ordinary skill in the art at the time the invention was made to haver the gown be made of an antimicrobial coated polypropylene material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Ochoa teaches a hospital gown of analogous art (Figs. 13 and 14), that has a collar (para 0070, “The gown will also typically be fashioned such that the gown has a crew- or V-neck style collar”). The configuration of the gown provides comfort and concealment that is desirable to the wearer (para 0038). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin to include a collar in order to provide the desired comfortability to the wearer. 19. Regarding Claim 13, Rabin teaches said terminal hem is proximal to the ankle of the wearer (Fig. 1, ref num 120 extends from midsection to a terminal hem, ref num 122; para 0036, “provided at lengths… calf-length, or ankle-length”). 20. Regarding Claim 14, Rabin teaches said upper rear portion and said lower rear portion are a unitary structure (para 0012, “upper body portion and the lower body portion are joined with one another so as to form a unitary garment”; see Figs. 1 and 5; para 0049). 21. Regarding Claim 15, Rabin teaches said front panel having an opposing pair of sleeves extending therefrom (Fig. 1, ref num 11; para 0034-0035). 22. Regarding Claim 17, Rabin fails to teach said front panel having a pocket proximal to a chest area of the wearer. Ochoa teaches a hospital gown of analogous art (Figs. 13 and 14), wherein the gown has a front panel (see Figs. 13 and 14; para 0018, “front panel”). The front panel has a pocket proximal to a chest area of the wearer (Fig. 14, ref num 200; para 0018, “pocket is provided on one (or both) of the front panel”; para 0020, “pockets are known along the upper left and right chest regions of the gown”; para 0063, “device pockets 200 and 205”). The pocket may be used to attachment or storage of medical devices needed by the patient (para 0018). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Rabin to include a pocket in the hospital gown to add the benefit of holding any necessary medical devices needed by the patient. 23. Regarding Claim 18, Rabin fails to explicitly teach that said front panel and said rear panel stitched together to form a unitary structure. Ochoa teaches a hospital gown of analogous art (Fig. 2), wherein the gown has a front panel and a rear panel (Fig. 2, ref num 21 = rear panel, ref nums 35 and 45 = front panel; para 0044), such that the front panel and rear panel are stitched together to form a unitary structure (see Fig. 2, ref nums 50a and 50b; para 0044). While Rabin does not explicitly teach stitching the front and rear panel together, they do discuss the garment being a unitary structure (Rabin, see Fig. 1; para 0012). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have included stitching, like that taught in Ochoa, in order to produce the same expected result of forming a unitary structure with the front and rear panels. 24. Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Rabin and Trapani, and further in view of Ochoa and Baker U.S. 10,595,575 (herein referred to as “Baker”). 25. Regarding Claim 11, Rabin fails to teach said front panel having a plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer. Baker teaches a hospital gown of analogous art (Fig. 3), wherein the gown has a front panel (Fig. 1 embodiment is incorporated into Fig. 3; Fig. 1, 100). The front panel has a plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer (Fig. 1, ref num 180; Col. 2, lines 60-64, “use of a plurality of fasteners 180…the upper edge portion 175a is linear and extends downward and outward at an angle from the midline ML”; Col. 3, lines 32-34, “numerous known fasteners are suitable for use… including but not limited to buttons”). This provides ease of access to the patient’s chest (Col. 2, lines 30-31). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin to include plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer in order to provide ease of access to the chest of the patient. 26. Regarding Claim 19, Rabin fails to teach said front panel having a plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer. Baker teaches a hospital gown of analogous art (Fig. 3), wherein the gown has a front panel (Fig. 1 embodiment is incorporated into Fig. 3; Fig. 1, 100). The front panel has a plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer (Fig. 1, ref num 180; Col. 2, lines 60-64, “use of a plurality of fasteners 180…the upper edge portion 175a is linear and extends downward and outward at an angle from the midline ML”; Col. 3, lines 32-34, “numerous known fasteners are suitable for use… including but not limited to buttons”). This provides ease of access to the patient’s chest (Col. 2, lines 30-31). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin to include plurality of buttons extending in a diagonal pattern across and proximal to the chest area of the wearer in order to provide ease of access to the chest of the patient. 27. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Rabin, and in view of Trapani, Ochoa, Berzowska U.S. 2016/0249698 (herein referred to as “Berzowska”), and Ramierz U.S. 2022/0256951 (herein referred to as “Ramierz”). 28. Regarding Claim 20, Rabin teaches a hospital gown (Fig. 1) comprising: a. a rear panel including an upper body portion and a lower body portion (Fig. 1, understood there is a back panel; para 0034, “back of medical gown 100”; ref num 110 is the upper body portion, ref num 120 is the lower body portion); and b. a front panel (see Fig. 1); c. wherein said upper body portion extending from a neckline to a midsection of the wearer (Fig. 1, ref num 110 extends from neckline, ref num 114, to midsection of ref num 110; para 0039) and said lower body portion extending from said midsection of the wearer to a terminal hem proximal to at least the knees of the wearer (Fig. 1, ref num 120 extends from midsection to a terminal hem, ref num 122; para 0036, “provided at lengths… calf-length, or ankle-length”); d. wherein said upper body portion having a zipper extending from said neckline to said midsection (Fig. 1, ref num 113; Fig. 2, ref nums 113a/113b; para 0033, “closures 113 may be in a different form… a zipper and zipper track”) for easy donning and disrobing of said hospital gown by the wearer upon unfastening of said zipper (para 0003); e. wherein said lower body portion having a hook and loop fastener extending from said midsection to said terminal hem (Fig. 2, ref num 126; para 0038, “closures 126 may be in the form of… hook-and-loop fasteners”); and f. further wherein said hook and loop fastener having a selectively releasable seam for creating an opening for enabling another to access said midsection of the wearer (para 0045). While Rabin fails to explicitly teach that the upper body portion and the lower body portion in which the zipper and hook and loop fasteners reside on, respectively, are not on the rear panel, it is discussed that the medical gown may be worn in a reversible orientation (para 0044, “medical gown 100 may be disposed on a wearer in a reverse orientation”). This would then have the openings made by the zipper and hook and loop fasteners be on the back-side of the wearer in order to access the back of the patient (para 0034, 0044). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin with itself to have the zipper on the upper body portion, and the hook and loop fastener on the lower body portion, be on the rear panel in order to access the back of the patient. Rabin fails to teach (c) an embroidery extending a length of the medical gown; (g) said front panel having a pocket proximal to a chest area of the wearer; (h) wherein said upper rear portion having an embedded vital monitoring sensor for tracking vital signs and temperature of the wearer; (i) further wherein said vital monitoring sensor having a transceiver for transmitting the vital signs to a remote device; and (j) the hospital gown is an antimicrobial coated terry cloth gown. Ochoa teaches a hospital gown of analogous art (Figs. 13 and 14), wherein the gown has a front panel (see Figs. 13 and 14; para 0018, “front panel”). The front panel has a pocket proximal to a chest area of the wearer (Fig. 14, ref num 200; para 0018, “pocket is provided on one (or both) of the front panel”; para 0020, “pockets are known along the upper left and right chest regions of the gown”; para 0063, “device pockets 200 and 205”). The pocket may be used to attachment or storage of medical devices needed by the patient (para 0018). Ochoa also teaches embroidery on the gown (para 0080, “Suitable marking of the gowns may be made by monogramming, stitching, ink transfer, screen printing, embroidery, dye sublimation, inking, stenciling, contact printing, or such like”). This provides personalization or labeling of the gown (para 0080). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Rabin to include a pocket in the hospital gown to add the benefit of holding any necessary medical devices needed by the patient, as well as embroidery extending a length of the gown to provide personalization of the gown. Berzowska teaches a garment that may be used as a hospital gown of analogous art (Figs. 1 and 2A; para 0020), the garment having an embedded vital monitoring sensor for tracking vital signs and temperature of the wearer (Fig. 1, ref num 120; 0025, “sensor assembly 120 can include other types of sensors, for example, electrical sensors (e.g., bio-potential, breath rhythm, sweat conductivity, etc.)… electrocardiogram… heart rate sensors… temperature sensors… can include more than one sensing elements”; para 0058, “sensors… may be in the form of discrete parts mounted to, embedded in, or located apart from the biosensing garment”). The vital monitoring sensor also has a transceiver (para 0024, “the sensing elements… coupling to a “controller” or “processing module,”… the processing module may include a transmitter”) for transmitting the vital signs to a remote device (para 0024, “transmitter configured to wirelessly communicate raw and/or processed sensor data to a remote location for display and/or further processing, said remote location including, for example, a wristwatch, smartphone… etc.”). The sensor provides essential information about the patient while wearing the garment (para 0023-0024), and the sensor being embedded provides comfort to the wearer (para 0026, 0058). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rabin to include an embedded sensor to comfortable monitor essential vital signs of the patient while wearing the garment. Ramirez teaches a garment of analogous art (Fig. 1), wherein the garment is made of is an antimicrobial coated terry cloth material (para 0045, “cloth such as terry cloth”; 0052, “The antimicrobial layer can be a layer comprising silver, copper, or zinc. The anti-microbial layer can be a part of the face mask middle layer, or may be coated onto the exterior layer. The microbial coating can decrease the ability of bacteria, mold, and/or fungi from living and growing on the face mask”). The terry cloth provides odor management. It would have been obvious to one having ordinary skill in the art at the time the invention was made to haver the gown be made of an antimicrobial coated terry cloth, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Conclusion 29. 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. 30. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNIE L SHOULDERS whose telephone number is (571)272-3846. The examiner can normally be reached Monday-Friday (alternate Fridays) 8AM-5PM EST. 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, Joseph Stoklosa can be reached at 571-272-1213. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /ANNIE L SHOULDERS/Examiner, Art Unit 3794 /JOSEPH A STOKLOSA/Supervisory Patent Examiner, Art Unit 3794
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Prosecution Timeline

Dec 07, 2023
Application Filed
Oct 10, 2025
Non-Final Rejection — §103, §112
Feb 16, 2026
Response Filed
Mar 12, 2026
Final Rejection — §103, §112 (current)

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Prosecution Projections

3-4
Expected OA Rounds
72%
Grant Probability
91%
With Interview (+18.9%)
3y 11m
Median Time to Grant
Moderate
PTA Risk
Based on 182 resolved cases by this examiner. Grant probability derived from career allow rate.

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