DETAILED ACTION
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 amendments filed with the written response received on July 24, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1-2 have been amended; and claims 3-5 have been added. Accordingly, claims 1-5 are pending in this application, with an action on the merits to follow regarding claims 3-5.
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, following must be shown or the feature(s) canceled from the claim(s):
said side zipper comprising a zipper tab which is configured to close said side zipper when said zipper tab is in proximity to said lower hem (claims 1 and 5);
said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit (claims 1 and 5);
said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit (claims 1 and 5);
the closure flap covering said side zipper when said zipper tab is in proximity to said hem of said top (claim 2);
said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band (claims 3 and 5);
No new matter should be entered.
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: “23” (para. 0022).
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites a “back panel”, but the specification does not provide antecedent basis for a back panel;
Claims 1 and 5 each recites, “said side zipper comprising a zipper tab which is configured to close said side zipper when said zipper tab is in proximity to said lower hem” which has not been disclosed in the specification as originally filed, see 35 USC 112(a) rejections below;
Claims 1 and 5 each recites, “said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit” which has not been disclosed in the specification as originally filed, see 35 USC 112(a) rejections below;
Claims 1 and 5 each recites, “said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit” which has not been disclosed in the specification as originally filed, see 35 USC 112(a) rejections below;
Claim 2 recites, “a closure flap configured for covering said side zipper when said zipper tab is in proximity to said hem of said top” which has not been disclosed in the specification as originally filed, see 35 USC 112(a) rejections below;
Claims 3 and 5 each recites, “said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band” which has not been disclosed in the specification as originally filed, see 35 USC 112(a) rejections below.
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 1-3 and 5 (and claim 4 at least for depending from a rejected claim) 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.
Claims 1 and 5 each recites, “said side zipper comprising a zipper tab which is configured to close said side zipper when said zipper tab is in proximity to said lower hem” and “said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit” which have not been disclosed in the specification as originally filed. The only parts of the specification regarding the zipper tab are para. 0022 and Figs. 1-2. Para. 0022 recites, “The zipper is actuated by grasping a zipper tab 18”, and this does not disclose the direction of opening and closing the zipper. Fig. 1 shows the zipper tab near the lower end of the top with the zipper open so that the child can breast feed and Fig. 2 “is another front elevation of the top with one side folded over and a side opening unzipped in an open configuration, e.g., to accommodate breast-feeding” (see para. 0016) and the zipper tab again can be seen near the lower end. As such, it is clear from the drawings that the zipper is closed when the zipper tab is near the armpit and open when the zipper tab is near the lower end. Therefore the limitations fail to comply with the requirement for written description.
Claims 1 and 5 each recites, “said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit” which has not been disclosed in the specification as originally filed. First, as shown above, there is no discloses that the zipper opens when the zipper tab is near the armpit. Further, neither the written description nor the drawings disclose that the zipper side seam fully opens. Figs. 1-2 show the open configuration, however the very bottom of the seam the terminal bottom of the top is not shown as open and therefore the drawings do not support the side seam being “fully open”. The only part of the written description that discloses the length of the side seam is para. 0022 which recites, “As shown in Fig. 2, the side seam 12 opening can extend from an upper end 20 at a garment armpit 21 to a lower end 22 at a garment lower hem 23.” This only says that the opening can extend to a lower end at a lower hem (hem not specifically pointed out in the drawings), but does not disclose that the seam fully opens as it could still be closed as the lower end and/or the lower hem. Therefore as it is not specifically disclosed as fully opening and not shown as fully opened, the limitation fail to comply with the requirement for written description.
Claim 2 recites, “a closure flap configured for covering said side zipper when said zipper tab is in proximity to said hem of said top” which was not disclosed in the specification as originally filed. As explained above, the written description is silent as to the direction of the zipper and the drawings show the zipper as open when the tab is near the lower end. The written description only recites, “The top 4 includes a side seam 12 including a side seam zipper 14 with a closure flap 16, which conceals the zipper 14” (para. 0022) but does not discloses when the flap conceals the zipper. However, in figs. 1-2, the zipper 14 is exposed when the zipper tab near the lower end/hem. Therefore, the specification does not have support for the closure flap configured to cover the zipper when the zipper tab is near the hem and the limitation fail to comply with the requirement for written description.
Claims 3 and 5 each recites, “said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band” which has not been disclosed in the specification as originally filed. Claims 3 and 5 are referring to the “waist band” of the bottom (i.e. the pants). The bottom is only disclosed in para. 0025 and Fig. 5. Para. 0025 recites, “Fig. 5 shows the garment bottom 6, which is configured as long, full-length pants. An elasticized waist band 34 is configured for providing abdominal compression/abdominal support from scrub pants 6 to be used before, during and after pregnancy. The supportive/stretchy material will cover the abdomen” and does not mention the waist band being removable or the pants being worn without the waistband. Fig. 5, only shows pants having an attached waist band, but does not show a fastener or other device that would allow for selective removability. Therefore as it is not specifically disclosed as fully opening and not shown as fully opened, the limitation fail to comply with the requirement for written description.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klein (US 11096431).
Regarding claim 1, Klein discloses a multi-purpose garment (Figs. 1-7) comprising: a top (10) with front (12/22) and back (14) panels, said top including: a zippered side seam (seam at zipper 26) selectively joining said front and back panels via a side zipper (26, see col. 4, lines 1-20); said zippered side seam running from a garment armpit and terminating at a lower hem of the top (as shown in Fig. 1 and disclosed in col. 4, lines 5-10); said side zipper (26) comprising a zipper tab (26C) which is configured to close said side zipper when said zipper tab is in proximity to said lower hem (as can be seen in Fig. 1-3); said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit (as seen in Figs. 4-5); said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit (as seen in Figs. 4-5, the seam is fully open, i.e. the bottom hem separates); wherein said front panel is configured to move away from said back panel when said zippered side seam is fully open (as seen in Figs. 4-5) and wherein the top allows for breastfeeding a child behind said front panel without removal of the top (as seen in Fig. 7).
Examiner notes that italicized limitations in the prior art rejections are functional and do not positively recite a structural limitation, but instead require an ability to so perform and/or function. As the prior art discloses the structure of the garment, there would be a reasonable expectation for the garment to perform such functions, as Examiner has explained after each functional limitation.
Regarding claim 2, Klein discloses a closure flap (flap of material extending from dashed stitching lines at edge of front panel 12/22, and better seen in Figs. 4, shown a flap of 22 extends over zipper tape 26A) configured for covering said side zipper when said zipper tab is in proximity to said hem of said top, such that said side zipper is completely obscured (as can best be understood from Fig. 4 and col. 4, lines 5-10 disclosing the zipper is concealed from view).
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) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore (US 2009/0000008) in view of Klein, as evidenced by Zipper Wikipedia (https://en.wikipedia.org/wiki/Zipper).
Regarding claim 1, Moore discloses a multi-purpose garment (Figs. 1-5) comprising: a top (10) with front (13) and back (26) panels, said top including: a zippered side seam (28) selectively joining said front and back panels via a side zipper (as the side seam can be opened and closed via seal 29 which is disclosed a zipper, see para. 0022); said zippered side seam running from a garment armpit (at point 18b); said side zipper comprising a zipper tab which is configured to closes said side zipper (as a zipper tabs are components of zippers, and zipper tabs function to close zippers. see Zipper Wikipedia); wherein said front panel is configured to move away from said back panel when said zippered side seam is open (as shown in Fig. 3); and wherein the top allows for breastfeeding a child behind said front panel without removal of the top (as shown in Fig. 5).
Moore does not expressly disclose the size zipper terminating at a lower hem of the top; the zipper tab configured to close said side zipper when said zipper tab is in proximity to said lower hem; said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit; said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit; wherein said front panel is configured to move away from said back panel when said zippered side seam is fully open.
Klein teaches a nursing garment wherein said zippered side seam (seam at 14A) running from a garment armpit and terminating at a lower hem of the top (as shown in Fig. 1 and disclosed in col. 4, lines 5-10); said side zipper (26) comprising a zipper tab (26C) which is configured to close said side zipper when said zipper tab is in proximity to said lower hem (as can be seen in Fig. 1-3) ;said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit (as seen in Figs. 4-5); said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit (as seen in Figs. 4-5, the seam is fully open, i.e. the bottom hem separates); wherein said front panel is configured to move away from said back panel when said zippered side seam is fully open (as seen in Figs. 4-5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to extend the zipper to the bottom hem of the garment allowing the garment of Moore to fully open, as taught by Klein, in order to use the outer layer/front panel as a privacy flap (see col. 4, lines 20-25 of Klein) thereby increasing the privacy of the garment and ensuring modesty of the wearer.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Moore and Klein as applied to claim 1 above, and further in view of Kohrherr (US 2016/0050982).
Regarding claim 3, the modified garment of Moore discloses all the limitations of claim 1 above, but does not expressly disclose further comprising: a bottom with a waist band configured for providing abdominal compression; said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band.
Kohrherr teaches a garment for the maternity period and the post maternity period (see para. 0005) comprising a bottom (20) with a waist band (22) configured for providing abdominal compression (as disclosed in paras. 0021-0022); said waist band configured to be selectively removed from the remainder of the bottom (see paras. 0029 and 31) and wherein said bottom remains wearable and functional upon removal of said waist band (see final sentence of para. 0007).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add bottoms with a compression waistband to the modified garment of Moore as taught by Kohrherr in order to provide “a garment that provides both function and comfort during the maternity period and the post-maternity period” (para. 0005 of Kohrherr).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Moore and Klein as applied to claim 1 above, and further in view of Farighi (US 2556627).
Regarding claim 4, the modified garment of Moore discloses all the limitations of claim 1 above, but does not expressly disclose further comprising: a zippered waist expansion with a transverse zipper configured for exposing a waist expansion panel for deployment over a wearer's abdomen; and said waist expansion panel configured to expand a surface area of said front panel when said transverse zipper is opened, thereby exposing said waist expansion panel.
Farighi teaches a garment infant care (see para. 0005) comprising: a zippered waist expansion (24, see Fig. 12A) with a transverse zipper (zipper 44 as it extends horizontally across the garment in Fig. 12a) configured for exposing a waist expansion panel for deployment over a wearer's abdomen (as can be seen in Fig. 12a, when unzipped, an opening is formed and therefore capable of exposing anything underneath such as waist expansion panel 102); and said waist expansion panel configured to expand a surface area of said front panel when said transverse zipper is opened, thereby exposing said waist expansion panel (as when forces are applied separating the two edges of the zipper, the front panel can expand, and the expansion panel 102 which extends from the top of the garment to the waist opening 14, see p. 26, lines 10-15, would allow for the opening withing the front panel to be covered, thereby expanding the surface area of the front panel).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a zippered waist expansion to the garment of Moore as taught by Farighi in order to provide “the person holding a baby and the baby being held with ease of access to at least one teething aid, thereby reducing the baby’s distress as the person can provide the teething aid at the same time as holding the baby” (p. 2, lines 24-27 of Farighi).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moore, in view of Klein, in view of Kohrherr, in view of Farighi, and as evidenced by Zipper Wikipedia.
Regarding claim 5, Moore discloses a multi-purpose garment (Figs. 1-5) comprising: a top (10) with front (13) and back (26) panels, said top including: a zippered side seam (28) selectively joining said front and back panels via a side zipper (as the side seam can be opened and closed via seal 29 which is disclosed a zipper, see para. 0022); said zippered side seam running from a garment armpit (at point 18b); said side zipper comprising a zipper tab which is configured to closes said side zipper (as a zipper tabs are components of zippers, and zipper tabs function to close zippers. see Zipper Wikipedia); wherein said front panel is configured to move away from said back panel when said zippered side seam is open (as shown in Fig. 3); and wherein the top allows for breastfeeding a child behind said front panel without removal of the top (as shown in Fig. 5).
Moore does not expressly disclose the size zipper terminating at a lower hem of the top; the zipper tab configured to close said side zipper when said zipper tab is in proximity to said lower hem; said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit; said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit; wherein said front panel is configured to move away from said back panel when said zippered side seam is fully open; a zippered waist expansion with a transverse zipper configured for exposing a waist expansion panel for deployment over a wearer's abdomen; and said waist expansion panel configured to expand a surface area of said front panel when said transverse zipper is opened, thereby exposing said waist expansion panel; and a bottom with a waist band configured for providing abdominal compression; said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band.
Klein teaches a nursing garment wherein said zippered side seam (seam at 14A) running from a garment armpit and terminating at a lower hem of the top (as shown in Fig. 1 and disclosed in col. 4, lines 5-10); said side zipper (26) comprising a zipper tab (26C) which is configured to close said side zipper when said zipper tab is in proximity to said lower hem (as can be seen in Fig. 1-3) ;said zipper tab further configured to open said side zipper as said zipper tab is moved upward along said side zipper toward said garment armpit (as seen in Figs. 4-5); said zipper tab further configured to fully open said side zipper and said zippered side seam when said zipper tab is in proximity of said garment armpit (as seen in Figs. 4-5, the seam is fully open, i.e. the bottom hem separates); wherein said front panel is configured to move away from said back panel when said zippered side seam is fully open (as seen in Figs. 4-5).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to extend the zipper to the bottom hem of the garment allowing the garment of Moore to fully open, as taught by Klein, in order to use the outer layer/front panel as a privacy flap (see col. 4, lines 20-25 of Klein) thereby increasing the privacy of the garment and ensuring modesty of the wearer.
The modified garment of Moore does not expressly disclose a zippered waist expansion with a transverse zipper configured for exposing a waist expansion panel for deployment over a wearer's abdomen; and said waist expansion panel configured to expand a surface area of said front panel when said transverse zipper is opened, thereby exposing said waist expansion panel; and a bottom with a waist band configured for providing abdominal compression; said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band.
Farighi teaches a garment infant care (see para. 0005) comprising: a zippered waist expansion (24, see Fig. 12A) with a transverse zipper (zipper 44 as it extends horizontally across the garment in Fig. 12a) configured for exposing a waist expansion panel for deployment over a wearer's abdomen (as can be seen in Fig. 12a, when unzipped, an opening is formed and therefore capable of exposing anything underneath such as waist expansion panel 102); and said waist expansion panel configured to expand a surface area of said front panel when said transverse zipper is opened, thereby exposing said waist expansion panel (as when forces are applied separating the two edges of the zipper, the front panel can expand, and the expansion panel 102 which extends from the top of the garment to the waist opening 14, see p. 26, lines 10-15, would allow for the opening withing the front panel to be covered, thereby expanding the surface area of the front panel).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a zippered waist expansion to the garment of Moore as taught by Farighi in order to provide “the person holding a baby and the baby being held with ease of access to at least one teething aid, thereby reducing the baby’s distress as the person can provide the teething aid at the same time as holding the baby” (p. 2, lines 24-27 of Farighi).
The modified garment of Moore does not expressly disclose a bottom with a waist band configured for providing abdominal compression; said waist band configured to be selectively removed from the remainder of the bottom; and wherein said bottom remains wearable and functional upon removal of said waist band.
Kohrherr teaches a garment for the maternity period and the post maternity period (see para. 0005) comprising a bottom (20) with a waist band (22) configured for providing abdominal compression (as disclosed in paras. 0021-0022); said waist band configured to be selectively removed from the remainder of the bottom (see paras. 0029 and 31) and wherein said bottom remains wearable and functional upon removal of said waist band (see final sentence of para. 0007).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add bottoms with a compression waistband to the modified garment of Moore as taught by Kohrherr in order to provide “a garment that provides both function and comfort during the maternity period and the post-maternity period” (para. 0005 of Kohrherr).
Response to Arguments
Applicant’s arguments, filed July 24, 2025, with respect to the 35 USC 103 rejections of claims 1-2, have been considered but are moot because the arguments do not apply to the current grounds of rejection. In view of Applicant’s amendment, the search has been updated, and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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 HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
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/HEATHER MANGINE, Ph.D./ Primary Examiner, Art Unit 3732