Notice of Pre-AIA or AIA Status
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/5/2025 has been entered.
Claims 2-8 have been fully considered. Claims 2-8 have been examined on the merits.
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 “thigh portions”, “the main body portion”, “the pocket assembly”, “front side” , “rear side” “inner surface” “outer surface” and an “opening” 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 following reference sign(s) mentioned in the description: 1’, 1”, 2’, 2” and B’, B” 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.
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) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over O’Rourke et al. (US 2025/0312230) in view of 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) constructed of an elastic material (para 0047) and having two thigh portions, the thigh portions have a front side (Figure 2a) and a rear side (Figure 2b), each of the front side and the rear side has an outer surface (Figures 2a, 2b) and inner surface (para 003), the main body configured to be form-fitting to a wearer's lower torso and thighs (figure 2a, 2b);
at least one pocket assembly (22) disposed on the rear side (Figure 2b)of each of the thigh portions of the main body (Figure 2b),
the pocket assembly comprising at least one pocket (22) constructed of a stretchable material (para 0050) the pocket assembly secured to the inside surface (para 003 and claim 9) of the rear side of the thigh portion;
The device of O’Rourke substantially discloses the claimed invention including warmers being located within the pockets, but is lacking an air activated warmer and a pocket opening.
The device of Eckes teaches, a garment with pockets, and the warmer is a at least one air-activated warmer (24) removably retained within the at least one pocket assembly (column 4, lines 65-67) and the pocket having an opening (82).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the air activated warmer and opening as Eckes taught by in order to provide quick, and easy access to heat for improved ease of use and to provide a easily accessible pocket to reinsert objects as needed.
The device of O’Rourke et al substantially discloses the claimed invention including a pocket attached (para 0050) to the inner side of the rear portions to house rectangular objects (para 0003), but is lacking a vertically oriented rectangular shaped pocket
The device of Eckes teaches,
With respect to claim 3, wherein the pocket assembly (22) comprises a vertically oriented rectangular-shaped embodiment (figure 5) to an inside surface of the rear side of the thigh portion. It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize a rectangular vertically oriented pocket as taught by Eckes in order to provide improved fit for a variety of items that the pocket is holding.
The device of O’Rourke substantially discloses the claimed invention but is lacking two separate pockets having warmers in each of the separate pockets.
The device of Eckes teaches,
With respect to claim 4, wherein the vertically oriented rectangular-shaped embodiment comprises two separate pockets (22; figure 3), and wherein two air- activated warmers are removably retained, one in each of the two separate pockets (Figure 3).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the two separate pockets as taught by Eckes holding two separate warmers in order to provide improved and specific localization of targeted heat to a user.
The device of O’Rourke et al. substantially discloses the claimed invention but is lacking a lap with a side opening. The device of Eckes teaches,
With respect to claim 5, wherein the pillow-pocket has a lap (84) with a side (top side) opening configured for insertion and removal of the air-activated warmers (Figures 2 and 5).
It would have been obvious to a person having ordinary skill in the art at the time the invention as effectively filed to utilize the pocket style of Eckes to have a lap with a side opening in order to provide improved accessibility and pocket access.
With respect to claim 6, wherein the stretchable material of the pocket assembly allows heat transfer from the air-activated warmer to the hamstring musculature when worn by a wearer. The prior art teaches a stretchable material, and therefore would be capable of performing the functional recitation of providing heat transfer since the structure of the prior art meets the structure recited, and would be expected to perform in the same or similar manner. See MPEP 2114.
The device of O’Rourke et al. substantially discloses the claimed invention but is lacking a lap with a side opening. The device of Eckes teaches,
With respect to claim 7, wherein the pocket has a lap (84) with a side (top side) opening configured for insertion and removal of the air-activated warmers (Figures 2 and 5).
It would have been obvious to a person having ordinary skill in the art at the time the invention as effectively filed to utilize the pocket style of Eckes to have a lap with a side opening in order to provide improved accessibility and pocket access.
With respect to claim 8, wherein the stretchable material of the pocket allows heat transfer from the air-activated warmer to the hamstring musculature when worn by a wearer. The prior art teaches a stretchable material, and therefore would be capable of performing the functional recitation of providing heat transfer since the structure of the prior art meets the structure recited, and would be expected to perform in the same or similar manner. See MPEP 2114.
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. See 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