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
The amendment filed on 6/4/2026 has been fully considered. Claims 2 was amended. Claims 3-8 were cancelled. The drawing objections of 3/3/2026 have been obviated. Claim 2 has been examined on the merits.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Rourke et al. (US 2025/0312230) in view of Prince (US4,384,369) and Eckes (US 5,826,273). The device of O’Rourke et al. teaches,
With respect to claim 2,
An athletic garment, comprising: a main body (12) comprising athletic shorts (para 0003) constructed of an elastic material and having two thigh areas, the main body configured to be form-fitting to a wearer's lower torso and thighs (Figures 2a, 2b);
a vertical rectangular-shaped embodiment (18) sewn to (it is noted that ‘sewn to” is a product by process limitation, the pocket of the prior art is secured and capable of being sewn, and therefore meets the product by process limitation of “sewn to” as currently recited) a back wall of each of the thigh areas on a posterior-inside of the main body (para 0003) and made of a stretchable material (para 0050), at least one warmer removably retained within the at least one pocket assembly of the pockets.
The device of O’Rourke et al. substantially discloses the claimed invention but is silent with respect to the pockets being two separate pockets.
The device of Prince teaches pockets having a the vertical rectangular-shaped embodiment (80; figure 2) containing two separate pillow-pockets (Figure 2). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to modify the pocket structure of O’Rourke et al. with the two separate pillow pockets of Prince in order to better contain and hold the stored item in a secure location without unwanted movement.
The modified device of O’Rourke et al substantially discloses the claimed invention but is lacking a warmer that is capable of being air activated.
The device of Eckes teaches an air activated warmer (24, column 4, liens 65-67). it would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize an air activated warmer in order to provide an easily activated heat source as desired by the user.
Response to Arguments
Applicant's arguments filed 6/4/2026 have been fully considered but they are not persuasive.
The drawing objections of the last office action have been obviated. The Applicant’s arguments with respect to claim(s) 2 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.
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.
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.
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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
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