DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on August 26, 2025 in which claims 1-7, and 11-20 are presented for examination. Claims 8-10 have been cancelled.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7, 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second hook and loop fastener on the rear surface proximal to a top end of the pocket proof; and wherein the extendable portion is securable in place using the second hook and loop fastener.”, which is unclear since the Specification gives no clear description of a first magnetic fastener, a second hook and loop fastener and the extendable portion is securable in place using the second hook and loop fastener as claimed. Applicant' s Specification discloses in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners, snap buttons, shank buttons, hooks, grippers, and more.”, which discloses that the fasteners are either hook and loop or magnetic. Therefore, there appears to be no disclosure of the retention mechanism comprising a first magnetic fastener and a second hook and loop fastener as claimed and therefore, claim 1 fails to meet the written description requirement.
Claim 13 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second gripper fastener on the rear surface proximal to a top end of the pocket proof; wherein the extendable portion is securable in place using the second gripper fastener; and wherein the extendable portion is tiara in configuration..”, which is unclear since the Specification gives no clear description of an embodiment with a first magnetic fastener, a second gripper fastener and the extendable portion is securable in place using the second gripper fastener as claimed. Applicant' s Specification discloses in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners, snap buttons, shank buttons, hooks, grippers, and more.”, which discloses that the fasteners are either magnetic or grippers. Therefore, there appears to be no disclosure of the retention mechanism comprising a first magnetic fastener and a second gripper fastener as claimed and therefore, claim 13 fails to meet the written description requirement.
Claim 13 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second snap fastener on the rear surface proximal to a top end of the pocket proof; wherein the extendable portion is securable in place using the second snap fastener”, which is unclear since the Specification gives no clear description of an embodiment with a first magnetic fastener, a second snap fastener and the extendable portion is securable in place using the second snap fastener as claimed. Applicant' s Specification discloses in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners, snap buttons, shank buttons, hooks, grippers, and more.”, which discloses that the fasteners are either magnetic or grippers. Therefore, there appears to be no disclosure of the retention mechanism comprising a first magnetic fastener and a second snap fastener as claimed and therefore, claim 20 fails to meet the written description requirement.
Claim Rejections - 35 USC § 112(b)
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7, 11-20 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “a second hook and loop fastener on the rear surface proximal to a top end of the pocket proof”, which is indefinite since it is unclear as to the structure of the hook and loop fastener. Here, a second hook and loop fastener is recited however, a first hook and loop fastener is not recited in the claim, making it unclear if the second hook and loop fastener is meant to include both the hook side and loop the loop side of the fastener, or one of the hook side or the loop side. Clarification is needed.
Claim 1 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second hook and loop fastener on the rear surface proximal to a top end of the pocket proof; and wherein the extendable portion is securable in place using the second hook and loop fastener.”, which is indefinite since it is unclear as to how the extendable portion is securable in place using a second hook and loop fastener (on the top end), with the bottom end having a first magnetic fastener. Applicant’s Specification in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners”, which discloses that the fasteners are either hook and loop or magnetic. Clarification is needed. For purposes of examination, Examiner is interpreting the limitation as best understood.
Claim 13 recites “a second gripper fastener on the rear surface proximal to a top end of the pocket proof”, which is indefinite since it is unclear as to the structure of the gripper fastener. Here, a second gripper fastener is recited however, a first gripper fastener is not recited in the claim, making it unclear if the second gripper fastener is meant to include both sides of a gripper fastener, or one of the sides of the gripper fastener. Clarification is needed.
Claim 13 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second gripper fastener on the rear surface proximal to a top end of the pocket proof; wherein the extendable portion is securable in place using the second gripper fastener”, which is indefinite since it is unclear as to how the extendable portion is securable in place using a second gripper fastener (on the top end), with the bottom end having a first magnetic fastener. Applicant’s Specification in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners, snap buttons, shank buttons, hooks, grippers, and more.”, which discloses that the fasteners are either magnetic or grippers, making it unclear as to how the extendable portion is securable in place using a second gripper fastener (on the top end), with the bottom end having a first magnetic fastener. Clarification is needed. For purposes of examination, Examiner is interpreting the limitation as best understood.
Claim 20 recites “a second snap fastener on the rear surface proximal to a top end of the pocket proof”, which is indefinite since it is unclear as to the structure of the snap fastener. Here, a second snap fastener is recited however, a first snap fastener is not recited in the claim, making it unclear if the second snap fastener is meant to include both sides of a snap fastener (a female side and a male side), or one of the sides (female side or male side) of the snap fastener. Clarification is needed.
Claim 20 recites “wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second snap fastener on the rear surface proximal to a top end of the pocket proof; wherein the extendable portion is securable in place using the second gripper fastener”, which is indefinite since it is unclear as to how the extendable portion is securable in place using a second snap fastener (on the top end), with the bottom end having a first magnetic fastener. Applicant’s Specification in [0006] that “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket”, and in [0030] that “The fasteners 110, 114 are preferable fabric friendly hook and loop fasteners that easily and releasably adhere to any natural or synthetic fabric. In other embodiments of the present invention, the fasteners 110, 114 can be magnetic fasteners, snap buttons, shank buttons, hooks, grippers, and more.”, which discloses that the fasteners are either magnetic or grippers, making it unclear as to how the extendable portion is securable in place using a second snap fastener (on the top end), with the bottom end having a first magnetic fastener. Clarification is needed. For purposes of examination, Examiner is interpreting the limitation as best understood.
All dependent claims are rejected for depending from a rejected base claim.
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6, 11, and 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (2019/0289925) in view of Fitch (2022/0117420).
Regarding claim 1, Jones teaches, A pocket poof comprising: a front surface; a rear surface; a main body; and an extendable portion; wherein said extendable portion positioned on a top edge of said main body; wherein said pocket poof having a retention mechanism for attaching to a pocket of a jacket; wherein a majority of said main body is retained within the pocket of a jacket; wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second hook and loop fastener on the rear surface proximal to a top end of the pocket proof; and wherein the extendable portion is securable in place using the second hook and loop fastener (“Business suits, sport coats, dress shirts and other clothing with a breast pocket may be adorned with handkerchiefs and/or other fabric to accessorize and/or provide the breast pocket with visual flair. However, handkerchiefs and/or other fabric may easily lose their form after being inserted in the breast pocket. The loss of form may occur from regular movements and because of the loose nature of the material and how it is simply inserted in the breast pocket. With improper insertion and/or sufficient movement, the handkerchief may not only lose its visual flair, but may also create an undesirable bulge in the breast pocket.”, [0003], “The disclosed embodiments provide a single-piece magnetic pocket square, hereinafter referred to as the “PSquare”. The PSquare is a clothing product or clothing accessory that can connect directly over a pocket, lapel, or other clothing edge by folding over the pocket, lapel, or other clothing edge and by using integrated magnets to retain the position and shape of the PSquare about the pocket, lapel, or other clothing edge. The side of the PSquare that folds over the exterior face of the pocket, lapel, or other clothing edge provides adornment or an accessory that adds visual flair to the pocket, lapel, or clothing edge in the same manner as a handkerchief or traditional pocket square.”, [0013], “The PSquare can replace traditional handkerchiefs, loose fabrics, and traditional non-magnetized pocket squares, while providing added peace-of-mind to the user that the PSquare will not lose its shape or position about adorned garment.”, [0014], “FIG. 1 illustrates a back view of example PSquare 100 in accordance with some embodiments. As shown, PSquare 100 is a single piece comprised of a lower half 110 with one or more integrated magnets 115 of a first polarity, and an upper half 120 with one or more integrated magnets 125 of an opposite second polarity. In some embodiments, magnets 115 and 125 may be replaced with magnetic plates 117 and 127 having opposite polarities. PSquare 100 may further include bend plane 130 where upper half 120 may be folded over lower half 110 such that magnets 115 and 125, because of their opposite polarity, become aligned and couple upper half 120 to lower half 110 with magnetic force.”, [0015], “In particular, usage of PSquare 100 may include inserting lower half 110 of PSquare 100 into an opening of pocket 610. Lower half 110 may be inserted up to bend plane 130. Upper half 120 of PSquare 100 may then be bent over the pocket until magnets 115 and 125 create a magnetic force that holds PSquare 100 in position over the pocket 610 lip. In particular, lower half 110 is positioned about the inside of pocket 610 with upper half 120 folding over the outside of pocket 610, and with the magnetic force fixing the position of PSquare 100 despite the pocket 610 fabric or material being positioned in between lower half 110 and upper half 120.”, [0026], “The single piece pocket square of claim 1, wherein a width of the single piece pocket square is about equal to a width a shirt or jacket breast pocket.”, Claim 13, therefore, 100 comprising: an annotated front surface; an annotated rear surface; 110; and 120; wherein 120 positioned on a top edge of 110; wherein 100 having 115/125 for attaching to a pocket of a jacket; and further wherein a majority of 110 is retained within the pocket of a jacket; wherein 115/125 comprises 115 on the rear surface proximal to a bottom end of 100 (115 is proximal to the bottom end, in that 115 is placed on 110 which is the “lower half” of 100, “a lower half 110 with one or more integrated magnets 115 of a first polarity”, [0015]) and 125 on the rear surface proximal to a top end of 100; and wherein 120 is securable in place using 125, annotated figure 5, figures 1 and 5-6, see also [0026], Examiner note: see 112a and 112b rejections above regarding the second hook and loop fastener, Examiner is interpreting the second hook and loop fastener as being a second magnetic fastener as disclosed in Applicant’s Specification in [0006] and [0030]).
Absent a showing of criticality with respect to “a second hook and loop fastener”, even though Jones does not specifically disclose does not disclose “a second hook and loop fastener” as claimed, Applicant’s Specification discloses in [0006], “The rear surface of the pocket square having a VELCRO or magnetic fastener each at a bottom end thereof and at a top end thereof for securing and holding the pocket square wherein the fasteners are fabric friendly and are detachably attached to the suit jacket.”, in [0014], “In a further embodiment of the present invention, the fastener can be one of magnetic, VELCRO, snap button, clip, and more”, 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 Jones to make the retention mechanisms hook and loop, (which would include the claimed “second hook and loop fastener”). Such modification would be considered a mere choice of a preferred configuration for fasteners, in this case, hook and loop, as a matter of “routine optimization” as a person with ordinary skill has a reasonable expectation of success to pursue the known options of attachment mechanisms within his or her technical grasp. MPEP 2144.05(ll)(b). Here, the by providing fasteners as hook and loop, the modification would allow the user the ability to secure the pocket poof as intended, since hook and loop fasteners are a conventional fastener, and performs the same function as a magnetic fastener.
Jones fails to teach, wherein said pocket poof matches an associated shirt; wherein said pocket poof and said associated shirt matching in color and design.
Fitch, a pocket square accessory, Abstract, teaches, wherein said pocket poof matches an associated shirt; wherein said pocket poof and said associated shirt matching in color and design (“When it is not being used to hold a beverage container, the fashion accessory or haberdashery beverage container holder system 100 can be placed in a flattened configuration, and held or carried within a pocket of the user's apparel. For example, as depicted in FIG. 4, the fashion accessory beverage container holder system 100 can be stowed in a front breast pocket 250 of a suit jacket, sport coat, blazer, or other item of apparel 260. Here, the upper presentation section 124 extends from the opening of the pocket, and the remainder of the system 100 is hidden from view, within the pocket interior.”, [0025], “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, wherein 100 matches an associated shirt; wherein 100 and said associated shirt matching in color and design).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pocket poof of Jones as matching an associated shirt in color and design as taught by Fitch in order to provide the user the ability to have the pocket poof match their shirt as user preference
Regarding claim 2, the combined references teach, wherein said front surface faces outwardly from a user and said rear surface faces towards a body of a wearer when said pocket poof is worn by the wearer and is received in the pocket of the jacket (Jones, “Business suits, sport coats, dress shirts and other clothing with a breast pocket may be adorned with handkerchiefs and/or other fabric to accessorize and/or provide the breast pocket with visual flair. However, handkerchiefs and/or other fabric may easily lose their form after being inserted in the breast pocket. The loss of form may occur from regular movements and because of the loose nature of the material and how it is simply inserted in the breast pocket. With improper insertion and/or sufficient movement, the handkerchief may not only lose its visual flair, but may also create an undesirable bulge in the breast pocket.”, [0003], “The disclosed embodiments provide a single-piece magnetic pocket square, hereinafter referred to as the “PSquare”. The PSquare is a clothing product or clothing accessory that can connect directly over a pocket, lapel, or other clothing edge by folding over the pocket, lapel, or other clothing edge and by using integrated magnets to retain the position and shape of the PSquare about the pocket, lapel, or other clothing edge. The side of the PSquare that folds over the exterior face of the pocket, lapel, or other clothing edge provides adornment or an accessory that adds visual flair to the pocket, lapel, or clothing edge in the same manner as a handkerchief or traditional pocket square.”, [0013], “FIG. 5 illustrates an example of folding upper half 120 at bend plane 130 in order to align magnets 115 and 125, and create a magnetic force that couples upper half 120 to lower half 110. FIG. 6 illustrates PSquare 100 being attached to pocket 610 in accordance with some embodiments. In particular, usage of PSquare 100 may include inserting lower half 110 of PSquare 100 into an opening of pocket 610. Lower half 110 may be inserted up to bend plane 130. Upper half 120 of PSquare 100 may then be bent over the pocket until magnets 115 and 125 create a magnetic force that holds PSquare 100 in position over the pocket 610 lip. In particular, lower half 110 is positioned about the inside of pocket 610 with upper half 120 folding over the outside of pocket 610, and with the magnetic force fixing the position of PSquare 100 despite the pocket 610 fabric or material being positioned in between lower half 110 and upper half 120.”, [0026], “The single piece pocket square of claim 1, wherein a width of the single piece pocket square is about equal to a width a shirt or jacket breast pocket.”, Claim 13, therefore, wherein said annotated front surface faces outwardly from a user and said annotated rear surface faces towards a body of a wearer when 100 is worn by the wearer and is received in the pocket of the jacket, annotated figure 5, figure 6).
Regarding claim 3, the combined references teach, wherein said main body is rectilinear (Jones, “For instance, lower half 110 may have different rectangular, square, or semi-circular shapes with different widths or radii to fit in pockets of different widths.”, [0016], therefore, wherein 110 is rectilinear).
Regarding claim 4, the combined references teach, wherein said pocket poof is pre-folded (Jones, “PSquare 100 may further include bend plane 130 where upper half 120 may be folded over lower half 110 such that magnets 115 and 125, because of their opposite polarity, become aligned and couple upper half 120 to lower half 110 with magnetic force.”, [0015], therefore, 100 is pre-folded, figure 5).
Regarding claim 5, the combined references teach, wherein said pocket poof and said associated shirt further matching in texture (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, wherein 100 of Jones and said associated shirt further matching in texture, as combined above as taught by Fitch).
Regarding claim 6, the combined references teach, wherein said pocket poof and said associated shirt matching in print (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, wherein 100 of Jones and said associated shirt further matching in print, as combined above as taught by Fitch, see also Fitch claim 8, “The method according to claim 1, wherein the upper presentation section of the folded kerchief comprises a pattern selected from the group consisting of paisley, polka dot, striped, floral, and plaid.”).
Regarding claim 11, the combined references teach, wherein said first fastener and said second fastener are releasably secured to the jacket (Jones, “Business suits, sport coats, dress shirts and other clothing with a breast pocket may be adorned with handkerchiefs and/or other fabric to accessorize and/or provide the breast pocket with visual flair. However, handkerchiefs and/or other fabric may easily lose their form after being inserted in the breast pocket. The loss of form may occur from regular movements and because of the loose nature of the material and how it is simply inserted in the breast pocket. With improper insertion and/or sufficient movement, the handkerchief may not only lose its visual flair, but may also create an undesirable bulge in the breast pocket.”, [0003], “The disclosed embodiments provide a single-piece magnetic pocket square, hereinafter referred to as the “PSquare”. The PSquare is a clothing product or clothing accessory that can connect directly over a pocket, lapel, or other clothing edge by folding over the pocket, lapel, or other clothing edge and by using integrated magnets to retain the position and shape of the PSquare about the pocket, lapel, or other clothing edge. The side of the PSquare that folds over the exterior face of the pocket, lapel, or other clothing edge provides adornment or an accessory that adds visual flair to the pocket, lapel, or clothing edge in the same manner as a handkerchief or traditional pocket square.”, [0013], “FIG. 5 illustrates an example of folding upper half 120 at bend plane 130 in order to align magnets 115 and 125, and create a magnetic force that couples upper half 120 to lower half 110. FIG. 6 illustrates PSquare 100 being attached to pocket 610 in accordance with some embodiments. In particular, usage of PSquare 100 may include inserting lower half 110 of PSquare 100 into an opening of pocket 610. Lower half 110 may be inserted up to bend plane 130. Upper half 120 of PSquare 100 may then be bent over the pocket until magnets 115 and 125 create a magnetic force that holds PSquare 100 in position over the pocket 610 lip. In particular, lower half 110 is positioned about the inside of pocket 610 with upper half 120 folding over the outside of pocket 610, and with the magnetic force fixing the position of PSquare 100 despite the pocket 610 fabric or material being positioned in between lower half 110 and upper half 120.”, [0026], “The single piece pocket square of claim 1, wherein a width of the single piece pocket square is about equal to a width a shirt or jacket breast pocket.”, Claim 13, therefore, wherein 115 and 125 are releasably secured to the jacket, figures 1 and 5-6).
Regarding claim 13, Jones teaches, A pocket poof comprising: a pocket poof having a front surface, a rear surface, a main body, and an extendable portion; and a shirt; wherein said extendable portion positioned on a top edge of said main body; wherein said pocket poof having a second design; wherein said pocket poof having a retention mechanism for attaching to a pocket of a jacket; and wherein a majority of said main body is retained within the pocket of a jacket; wherein said retention mechanism comprises a first magnetic fastener on the rear surface proximal to a bottom end of the pocket proof and a second gripper fastener on the rear surface proximal to a top end of the pocket proof; wherein the extendable portion is securable in place using the second gripper fastener; and wherein the extendable portion is tiara in configuration (“Business suits, sport coats, dress shirts and other clothing with a breast pocket may be adorned with handkerchiefs and/or other fabric to accessorize and/or provide the breast pocket with visual flair. However, handkerchiefs and/or other fabric may easily lose their form after being inserted in the breast pocket. The loss of form may occur from regular movements and because of the loose nature of the material and how it is simply inserted in the breast pocket. With improper insertion and/or sufficient movement, the handkerchief may not only lose its visual flair, but may also create an undesirable bulge in the breast pocket.”, [0003], “The disclosed embodiments provide a single-piece magnetic pocket square, hereinafter referred to as the “PSquare”. The PSquare is a clothing product or clothing accessory that can connect directly over a pocket, lapel, or other clothing edge by folding over the pocket, lapel, or other clothing edge and by using integrated magnets to retain the position and shape of the PSquare about the pocket, lapel, or other clothing edge. The side of the PSquare that folds over the exterior face of the pocket, lapel, or other clothing edge provides adornment or an accessory that adds visual flair to the pocket, lapel, or clothing edge in the same manner as a handkerchief or traditional pocket square.”, [0013], “The PSquare can replace traditional handkerchiefs, loose fabrics, and traditional non-magnetized pocket squares, while providing added peace-of-mind to the user that the PSquare will not lose its shape or position about adorned garment.”, [0014], “FIG. 1 illustrates a back view of example PSquare 100 in accordance with some embodiments. As shown, PSquare 100 is a single piece comprised of a lower half 110 with one or more integrated magnets 115 of a first polarity, and an upper half 120 with one or more integrated magnets 125 of an opposite second polarity. In some embodiments, magnets 115 and 125 may be replaced with magnetic plates 117 and 127 having opposite polarities. PSquare 100 may further include bend plane 130 where upper half 120 may be folded over lower half 110 such that magnets 115 and 125, because of their opposite polarity, become aligned and couple upper half 120 to lower half 110 with magnetic force.”, [0015], “fabric 150 may include two fabric segments with a first segment covering a frontside of PSquare 100 and a second segment covering a backside of PSquare 100. The first and second segments may be adhered, stitched, or otherwise bonded together.”, [0022], “FIG. 2 illustrates PSquare 100 with fabric 150 having a first design or pattern 210 in accordance with some embodiments”, [0025], “In particular, usage of PSquare 100 may include inserting lower half 110 of PSquare 100 into an opening of pocket 610. Lower half 110 may be inserted up to bend plane 130. Upper half 120 of PSquare 100 may then be bent over the pocket until magnets 115 and 125 create a magnetic force that holds PSquare 100 in position over the pocket 610 lip. In particular, lower half 110 is positioned about the inside of pocket 610 with upper half 120 folding over the outside of pocket 610, and with the magnetic force fixing the position of PSquare 100 despite the pocket 610 fabric or material being positioned in between lower half 110 and upper half 120.”, [0026], “The single piece pocket square of claim 1, wherein a width of the single piece pocket square is about equal to a width a shirt or jacket breast pocket.”, Claim 13, therefore, A pocket poof and shirt combination comprising: 100 having an annotated front surface, an annotated rear surface, 110, and 120; wherein 120 positioned on a top edge of 110; wherein 100 having a second design ([0022], [0025]); wherein 100 having 115/125 for attaching to a pocket of a jacket; and further wherein a majority of 110 is retained within the pocket of a jacket, wherein 115/125 comprises 115 on the rear surface proximal to a bottom end of 100 (115 is proximal to the bottom end, in that 115 is placed on 110 which is the “lower half” of 100, “a lower half 110 with one or more integrated magnets 115 of a first polarity”, [0015]) and 125 on the rear surface proximal to a top end of 100; wherein 120 is securable in place using 125; and wherein 120 is tiara in configuration, annotated figure 5, figures 1 and 5-6, see also [0026], Examiner note: see 112a and 112b rejections above regarding the second gripper fastener, Examiner is interpreting the second gripper fastener as being a second magnetic fastener as disclosed in Applicant’s Specification in [0006] and [0030]).
Regarding the limitation “a second gripper fastener”, Examiner notes that 125 is a second gripper fastener, since 125 grip and attaches to 115, “FIG. 5 illustrates an example of folding upper half 120 at bend plane 130 in order to align magnets 115 and 125, and create a magnetic force that couples upper half 120 to lower half 110.”,
Jones fails to teach, A pocket poof and shirt combination comprising: a shirt having a first color and a first design; wherein said pocket poof having a second color and a second design; wherein said first color matching said second color; wherein said first design matching said second design.
Fitch, a pocket square accessory, Abstract, teaches, A pocket poof and shirt combination comprising: a shirt having a first color and a first design; wherein said pocket poof having a second color and a second design; wherein said first color matching said second color; wherein said first design matching said second design (“When it is not being used to hold a beverage container, the fashion accessory or haberdashery beverage container holder system 100 can be placed in a flattened configuration, and held or carried within a pocket of the user's apparel. For example, as depicted in FIG. 4, the fashion accessory beverage container holder system 100 can be stowed in a front breast pocket 250 of a suit jacket, sport coat, blazer, or other item of apparel 260. Here, the upper presentation section 124 extends from the opening of the pocket, and the remainder of the system 100 is hidden from view, within the pocket interior.”, [0025], “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, a pocket poof and shirt combination comprising: a shirt having a first color and a first design; wherein 124 having a second color and a second design; wherein said first color matching said second color; wherein said first design matching said second design).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pocket poof of Jones as a pocket poof and shirt combination with a shirt having a first color and a first design matching the second color and a second design of the pocket poof as taught by Fitch in order to provide the user the ability to have the pocket poof match their shirt as user preference.
Regarding claim 14, the combined references teach, wherein said front surface faces outwardly from a user and said rear surface faces towards a body of a wearer when said pocket poof is worn by the wearer and is received in the pocket of the jacket (Jones, “Business suits, sport coats, dress shirts and other clothing with a breast pocket may be adorned with handkerchiefs and/or other fabric to accessorize and/or provide the breast pocket with visual flair. However, handkerchiefs and/or other fabric may easily lose their form after being inserted in the breast pocket. The loss of form may occur from regular movements and because of the loose nature of the material and how it is simply inserted in the breast pocket. With improper insertion and/or sufficient movement, the handkerchief may not only lose its visual flair, but may also create an undesirable bulge in the breast pocket.”, [0003], “The disclosed embodiments provide a single-piece magnetic pocket square, hereinafter referred to as the “PSquare”. The PSquare is a clothing product or clothing accessory that can connect directly over a pocket, lapel, or other clothing edge by folding over the pocket, lapel, or other clothing edge and by using integrated magnets to retain the position and shape of the PSquare about the pocket, lapel, or other clothing edge. The side of the PSquare that folds over the exterior face of the pocket, lapel, or other clothing edge provides adornment or an accessory that adds visual flair to the pocket, lapel, or clothing edge in the same manner as a handkerchief or traditional pocket square.”, [0013], “FIG. 5 illustrates an example of folding upper half 120 at bend plane 130 in order to align magnets 115 and 125, and create a magnetic force that couples upper half 120 to lower half 110. FIG. 6 illustrates PSquare 100 being attached to pocket 610 in accordance with some embodiments. In particular, usage of PSquare 100 may include inserting lower half 110 of PSquare 100 into an opening of pocket 610. Lower half 110 may be inserted up to bend plane 130. Upper half 120 of PSquare 100 may then be bent over the pocket until magnets 115 and 125 create a magnetic force that holds PSquare 100 in position over the pocket 610 lip. In particular, lower half 110 is positioned about the inside of pocket 610 with upper half 120 folding over the outside of pocket 610, and with the magnetic force fixing the position of PSquare 100 despite the pocket 610 fabric or material being positioned in between lower half 110 and upper half 120.”, [0026], “The single piece pocket square of claim 1, wherein a width of the single piece pocket square is about equal to a width a shirt or jacket breast pocket.”, Claim 13, therefore, wherein said annotated front surface faces outwardly from a user and said annotated rear surface faces towards a body of a wearer when 100 is worn by the wearer and is received in the pocket of the jacket; annotated figure 5, figure 6).
Regarding claim 15, the combined references teach, wherein said main body is rectilinear (Jones, “For instance, lower half 110 may have different rectangular, square, or semi-circular shapes with different widths or radii to fit in pockets of different widths.”, [0016], therefore, wherein 110 is rectilinear).
Regarding claim 16, the combined references teach, wherein said pocket poof is pre-folded (Jones, “PSquare 100 may further include bend plane 130 where upper half 120 may be folded over lower half 110 such that magnets 115 and 125, because of their opposite polarity, become aligned and couple upper half 120 to lower half 110 with magnetic force.”, [0015], therefore, 100 is pre-folded, figure 5).
Regarding claim 17, the combined references teach, wherein said shirt having a first texture and said pocket poof having a second texture, and further wherein said first texture matching said second texture (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, as combined above as taught by Fitch, wherein said shirt having a first texture and 100 of Jones having a second texture, and further wherein said first texture matching said second texture).
Regarding claim 18, the combined references teach, wherein said shirt having a first print and said pocket poof having a second print, and further wherein said first print matching said second print (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, wherein said shirt having a first print and 100 having a second print, and further wherein said first print matching said second print, as combined above as taught by Fitch).
Claims 7 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jones (2019/0289925) in view of Fitch (2022/0117420) in view of Yen (4,649,573).
Regarding claim 7, the combined references teach, wherein said pocket poof and said associated shirt matching (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, wherein 100 of Jones and said associated shirt matching, as combined above as taught by Fitch).
While the combined references teach the pocket poof and associated shirt can be the same colors, texture, pattern, see Fitch, [0030], the combined references fail to teach, wherein said pocket poof and said associated shirt matching in fabric.
Yen, a garment pattern and article of clothing, Abstract, teaches, wherein a pocket and said associated shirt matching in fabric (“Another object of the invention is to provide a pattern whose dimensions allow for cuting away excess material of a shape and size such as to be useful for making pockets and the like for the finished garment.”, Col. 2 ln. 20-23, “descriptively to FIG. 1, reference number 10 refers to a generally rectangular piece of cloth which is to be cut in conventional fashion according to the shape of pattern 12 placed thereon.”, Col. 2 ln. 64-68, “The finished garment can be totally conventional with no special features if desired such as a car coat (FIG. 2) or can be styled or decorated according to any current fashion design…advantageously according to the invention when pattern 12 is cut from cloth 10 which is generally rectangular there remains excess material from which pockets 32, collar 24 and collar facing 40 can be cut.”, Col. 3 ln. 42-52, therefore, wherein 32 and said associated shirt matching in 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the pocket poof and associated shirt of the combined references as matching in fabric as taught by Yen in order to provide the user with a pocket poof in the same fabric a shirt as user preference, and also provides less fabric waste since the pocket poof is cut from “pattern whose dimensions allow for cuting away excess material of a shape and size such as to be useful for making pockets and the like for the finished garment.”, Col. 2 ln. 20-23.
Regarding claim 19, the combined references teach, wherein said shirt having a first fabric and said pocket poof having a second fabric (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], Jones, “fabric 150 may include two fabric segments with a first segment covering a frontside of PSquare 100 and a second segment covering a backside of PSquare 100.”, [0022], therefore, wherein said shirt has a first fabric and 100 of Jones has a second fabric).
While the combined references teach the pocket poof and associated shirt can be the same colors, texture, pattern, see Fitch, [0030], the combined references fail to teach, wherein said shirt having a first fabric and said pocket poof having a second fabric, and further wherein said first fabric matching said second fabric.
Yen, a garment pattern and article of clothing, Abstract, teaches, wherein said shirt having a first fabric and said pocket having a second fabric, and further wherein said first fabric matching said second fabric (“Another object of the invention is to provide a pattern whose dimensions allow for cuting away excess material of a shape and size such as to be useful for making pockets and the like for the finished garment.”, Col. 2 ln. 20-23, “descriptively to FIG. 1, reference number 10 refers to a generally rectangular piece of cloth which is to be cut in conventional fashion according to the shape of pattern 12 placed thereon.”, Col. 2 ln. 64-68, “The finished garment can be totally conventional with no special features if desired such as a car coat (FIG. 2) or can be styled or decorated according to any current fashion design…advantageously according to the invention when pattern 12 is cut from cloth 10 which is generally rectangular there remains excess material from which pockets 32, collar 24 and collar facing 40 can be cut.”, Col. 3 ln. 42-52, therefore, wherein said shirt having a first 10 and 32 having a second 10, and further wherein said first 10 matching said second 10).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the first fabric of the shirt and fabric of the second fabric pocket poof of the combined references as having the first fabric matching said second fabric as taught by Yen in order to provide the user with a pocket poof in the same fabric a shirt as user preference, and also provides less fabric waste since the pocket poof is cut from “pattern whose dimensions allow for cuting away excess material of a shape and size such as to be useful for making pockets and the like for the finished garment.”, Col. 2 ln. 20-23.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (2019/0289925) in view of Fitch (2022/0117420) in view of Orisses (2019/0223519).
Regarding claim 12, the combined references teach, wherein said front surface having a front color and design and said rear surface having a rear color and design, (Fitch, “In some cases, the kerchief or upper presentation section thereof can be the same color, texture, or pattern of a tie, shirt, or other item of apparel.”, [0030], therefore, as combined above as taught by Fitch, wherein said annotated front surface of Jones having a color and design and said annotated rear surface of Jones having a rear color and design).
The combined references fail to teach, wherein said front surface having a front color and design and said rear surface having a rear color and design, and further wherein said front surface color and design the same as said rear surface color and design.
Orisses, a pocket square accessory, Abstract, teaches, wherein said front surface having a front color and design and said rear surface having a rear color and design, and further wherein said front surface color and design the same as said rear surface color and design (“In multi-layered embodiments, the first layer may be attached to a second layer. In some embodiments, the second layer is configured to have a size and shape that are approximately equal to the size and shape of the first layer. In many embodiments, the first layer and the second layer comprise, consist of, or consist essentially of a fabric (e.g., cotton, linen, or silk). The second layer may include the same pattern and/or color as the first layer”, [0017], “In some example embodiments, first layer 204 and second layer 208 may be formed