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 January 11, 2026 in which claims 1-20 are presented for examination.
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 1-5, 7, 10-11, 13-14, 16 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. (2013/0205465)[McClintock] in view of Wood et al. (2019/0104775)[Wood 2019].
Regarding claim 1, McClintock teaches, A water-resistant lower torso and leg garment system configured to be worn by a user over a portion of their torso and leg regions comprising: a suspension system configured to support the garment on the user; a set of leg regions shaped to correspond to the legs of the user; a torso region intercoupled between and to both the set of leg regions and the suspension system, wherein the torso region is disposed over a portion of the torso of the user, and wherein the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively (“The present disclosure provides a wader, wherein the wader is made of a breathable fabric and comprises a layer of insulation. Referring now to the drawing figures in which like reference designators refer to like elements, there is shown in FIGS. 1 and 2 a pair of waders 10 having front portion 12, rear portion 14, and two leg portions 16a, 16b made from part of said front portion and said rear portion. Waders 10 may optionally have a bib portion 18 as conventional chest-height waders have.”, [0012], “Waders 10 comprise exterior shell 20 made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry. Waders 10 are of conventional construction that is known in the art in terms of general shape, general construction and accessories and will not be discussed in detail herein. As is customary, side, front and back seams of shell 20 and of lining 21 are preferably stitched together and then covered with conventional seam tape to prevent leakage.”, [0013], “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials.”, [0014], therefore, 10 (10 includes 20 and 21, in which 20 is “made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry”, [0013], and 21 is “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials”, [0014]) configured to be worn by a user over a portion of their torso and leg regions comprising: an annotated suspension system configured to support 10 on the user; a set of 16a/16b shaped to correspond to the legs of the user; 18 intercoupled between and to both the set of 16a/16b and the annotated suspension system, wherein 18 is disposed over a portion of the torso of the user, and wherein 18 further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively, figures 1 and 2, annotated figure 1).
While McClintock discloses in [0020], that “Waders 10 may additionally comprise various straps, suspenders, fastening belts, buckles, pockets, drains, D-rings, insulation, padded knees, chafe guards and the like for adjusting waders to fit the user, for comfort, and for added functionality. Such accessories are known in the industry and will not be discussed in detail herein.”, in which 10 may additionally comprise a storage system (“pockets”), McClintock fails to teach, a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region.
Wood 2019, a water-repellent garment, Abstract, [0051], teaches, A water-resistant garment system comprising: a torso region (figures 7 and 8), the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region (““The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, A water-resistant garment system ([0051], figures 7 and 8) comprising: a torso region, the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; 148 (a rear storage system) disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening (opening to 148) between the proximal and distal surface to the internal region, figure 8, Examiner notes: 148 is disclosed as a “back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items”, and therefore, 148 has a proximal surface; a distal surface; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region as claimed).
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 water-resistant lower torso and leg garment of McClintock with a rear storage system as taught by Wood 2019 in order to provide the user a rear storage system for “a place for storage of cargo, waterfowl, and other larger items…When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful”, [0080].
Regarding claim 2, the combined references teach, wherein the system further extends over the feet of the user and includes a set of feet regions coupled to the set of leg regions (McClintock, “Waders 10 may be of either stocking foot or boot foot construction, as is known in the industry. In an embodiment shown in FIG. 1, each leg portion 16a, 16b has a boot 38a, 38b attached at the lower edge of the leg portions 16a, 16b, respectively.”, [0021], therefore, wherein the system shown in figures 1 and 2 further extends over the feet of the user and includes a set of 38a/38b coupled to 16a/16b,figures 1 and 2).
Regarding claim 3, the combined references teach, wherein the leg regions and torso region are composed of at least one of a water-resistant material including at least one of rubber, PVC, neoprene, PU, and a waterproof breathable fabric including at least one of a membrane and coating (McClintock, “Waders 10 comprise exterior shell 20 made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry… As is customary, side, front and back seams of shell 20 and of lining 21 are preferably stitched together and then covered with conventional seam tape to prevent leakage.”, [0013], “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials.”, [0014], therefore, wherein 16/16b and 18 are composed of at least one of a water-resistant material including at least one of rubber, PVC, neoprene, PU, and a waterproof breathable fabric including at least one of a membrane and coating, figures 1 and 2).
Regarding claim 4, the combined references teach, wherein the suspension system further includes a set of shoulder straps (McClintock, wherein the annotated suspension system further includes a set of annotated shoulder straps, annotated figure 1).
Regarding claim 5, the combined references teach, wherein the rear storage system further includes at least one water resistant closure system over the at least one opening including at least one of a zipper and hook and loop (Wood 2019, “The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, wherein 148 further includes at least one 150 over the at least one opening (opening into 148) including at least one of a zipper and hook and loop, figure 8).
Regarding claim 7, the combined references teach, the rear storage system (Wood 2019, 148, figure 8) and the internal region (Wood 2019, the internal region of 148).
The combined references fail to teach, wherein the rear storage system further includes an insulating member disposed within the internal region.
However, Wood 2019, further teaches, a storage system further includes an insulating member disposed within the internal region (“Hand warmer pockets 64 and 66 are preferably fleece lined and positioned near the side seam of waterfowl hunting coat 28, which provides a convenient place for hunter 12 to position his hand for warming.”, [0063], therefore, 64/66 includes an insulating member disposed within the internal region, figures 1, 2 and 5).
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 rear storage system of the combined references with an insulating member disposed within the internal region as further taught by Wood 2019 in order to provide the user “a place to warm hands that is easily accessible at times when hunter 12 seeks warmth, but out of the way during shooting or other times of high action during the hunt”, [0064].
Regarding claim 10, the combined references teach, the rear storage system (Wood 2019, 148, figure 8) and the internal region (Wood 2019, the internal region of 148).
The combined references fail to teach, wherein the rear storage system further includes an insulating member disposed within the internal region.
However, Wood 2019, further teaches, a storage system further includes an insulating member disposed within the internal region (“Hand warmer pockets 64 and 66 are preferably fleece lined and positioned near the side seam of waterfowl hunting coat 28, which provides a convenient place for hunter 12 to position his hand for warming.”, [0063], therefore, 64/66 includes an insulating member disposed within the internal region, figures 1, 2 and 5).
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 rear storage system of the combined references with an insulating member disposed within the internal region as further taught by Wood 2019 in order to provide the user “a place to warm hands that is easily accessible at times when hunter 12 seeks warmth, but out of the way during shooting or other times of high action during the hunt”, [0064].
Regarding claim 11, the combined references teach, wherein the internal region is disposed adjacent to a lumbar region of the dorsal side of the user (as combined above as taught by Wood 2019, wherein the internal region (of 148 as taught by Wood 2019) is disposed adjacent to a lumbar region of the dorsal side of the user, see Wood figure 8).
Regarding claim 13, the combined references teach, wherein the rear storage system further includes a water resistant closure system over the at least one opening, and wherein the at least one opening and closure system are disposed substantially equidistantly between the sides of the torso region (Wood 2019, “The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, wherein 148 further includes 150 over the at least one opening (opening of 148), and wherein the at least one opening (of 148) and 150 are disposed substantially equidistantly between the sides of the torso region, figure 8).
Regarding claim 14, the combined references teach, wherein the at least one opening and closure system are oriented vertically in substantial alignment with the user (Wood 2019, wherein the at least one opening (of 148) and 150 are oriented vertically in substantial alignment with the user, figure 8).
Regarding claim 16, the combined references teach, garment system (the garment of the combined references of McClintock and Wood 2019) and the front of the torso region (McClintock, the front of 18, figure 1).
The combined references fail to teach, wherein garment system further includes a front storage system disposed on the front of the torso region.
Wood 2019 further teaches, wherein garment system further includes a front storage system disposed on the front of the torso region (“As FIGS. 3 through 6 disclose, hunting pocket suite 40 includes upper chest pocket assembly 44 (left) and 46 (right)”, [0049], “Upper chest pocket assemblies 44 and 46 are located at chest level and include pocket zippers 90 and 92 for providing access to upper cargo pockets 91 and 93, respectively.”, [0052], “To meet the needs of hunter 12, upper chest pocket assembly 44 and 46 and lower cargo pockets 48 and 50 appear for easy access on the front of the coat.”, [0053], “Upper cargo pockets 91 and 93 are ideal for holding keys and items zippered because these items require secured, keys, phone, etc.”, [0054], therefore, wherein garment system further includes 44/46 disposed on the front of the torso region, figures 3 and 7).
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 garment system of the combined references with a front storage system as further taught by Wood 2019 in order to provide the user a front storage system that “are ideal for holding keys and items zippered because these items require secured, keys, phone, etc. that hunter 12 may want to access”, [0054].
Regarding claim 18, the combined references teach, wherein the garment system further includes a belt disposed between the leg regions and the torso region (wherein the garment system of the combined references of McClintock and Wood 2019 further includes a belt (as shown in McClintock figure 1) disposed between 16a/16b and 18 of McClintock, see McClintock figure 1).
Regarding claim 19, McClintock teaches, A water-resistant lower torso and leg garment system configured to be worn by a user over a portion of their torso and leg regions comprising: a suspension system configured to support the garment on the user; a set of leg regions shaped to correspond to the legs of the user; a torso region intercoupled between and to both the set of leg regions and the suspension system, wherein the torso region is disposed over a portion of the torso of the user, and wherein the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively (“The present disclosure provides a wader, wherein the wader is made of a breathable fabric and comprises a layer of insulation. Referring now to the drawing figures in which like reference designators refer to like elements, there is shown in FIGS. 1 and 2 a pair of waders 10 having front portion 12, rear portion 14, and two leg portions 16a, 16b made from part of said front portion and said rear portion. Waders 10 may optionally have a bib portion 18 as conventional chest-height waders have.”, [0012], “Waders 10 comprise exterior shell 20 made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry. Waders 10 are of conventional construction that is known in the art in terms of general shape, general construction and accessories and will not be discussed in detail herein. As is customary, side, front and back seams of shell 20 and of lining 21 are preferably stitched together and then covered with conventional seam tape to prevent leakage.”, [0013], “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials.”, [0014], therefore, 10 (10 includes 20 and 21, in which 20 is “made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry”, [0013], and 21 is “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials”, [0014]) configured to be worn by a user over a portion of their torso and leg regions comprising: an annotated suspension system configured to support 10 on the user; a set of 16a/16b shaped to correspond to the legs of the user; 18 intercoupled between and to both the set of 16a/16b and the annotated suspension system, wherein 18 is disposed over a portion of the torso of the user, and wherein 18 further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively, figures 1 and 2, annotated figure 1), a set of feet regions shaped to correspond to the feet of the user (“Waders 10 may be of either stocking foot or boot foot construction, as is known in the industry. In an embodiment shown in FIG. 1, each leg portion 16a, 16b has a boot 38a, 38b attached at the lower edge of the leg portions 16a, 16b, respectively. The wading boots 38a, 38b are an integral part of the wader 10”, [0021], therefore, 10 comprises a set of 38a/38b shaped to correspond to the feet of the user, figures 1 and 2).
While McClintock discloses in [0020], that “Waders 10 may additionally comprise various straps, suspenders, fastening belts, buckles, pockets, drains, D-rings, insulation, padded knees, chafe guards and the like for adjusting waders to fit the user, for comfort, and for added functionality. Such accessories are known in the industry and will not be discussed in detail herein.”, in which 10 may additionally comprise a storage system (“pockets”), McClintock fails to teach, a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region.
Wood 2019, a water-repellent garment, Abstract, [0051], teaches, A water-resistant garment system comprising: a torso region (figures 7 and 8), the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region (““The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, A water-resistant garment system ([0051], figures 7 and 8) comprising: a torso region, the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; 148 (a rear storage system) disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening (opening to 148) between the proximal and distal surface to the internal region, figure 8, Examiner notes: 148 is disclosed as a “back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items”, and therefore, 148 has a proximal surface; a distal surface; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region as claimed).
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 water-resistant lower torso and leg garment of McClintock with a rear storage system as taught by Wood 2019 in order to provide the user a rear storage system for “a place for storage of cargo, waterfowl, and other larger items…When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful”, [0080].
Regarding claim 20, McClintock teaches, A water-resistant lower torso and leg garment system configured to be worn by a user over a portion of their torso and leg regions comprising: a suspension system configured to support the garment on the user; a set of leg regions shaped to correspond to the legs of the user; a torso region intercoupled between and to both the set of leg regions and the suspension system, wherein the torso region is disposed over a portion of the torso of the user, and wherein the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; wherein the leg regions and torso regions are composed of at least one of a water resistant material including at least one of rubber, PVC, neoprene, PU, and a waterproof breathable fabric including at least one of a membrane and coating (“The present disclosure provides a wader, wherein the wader is made of a breathable fabric and comprises a layer of insulation. Referring now to the drawing figures in which like reference designators refer to like elements, there is shown in FIGS. 1 and 2 a pair of waders 10 having front portion 12, rear portion 14, and two leg portions 16a, 16b made from part of said front portion and said rear portion. Waders 10 may optionally have a bib portion 18 as conventional chest-height waders have.”, [0012], “Waders 10 comprise exterior shell 20 made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry. Waders 10 are of conventional construction that is known in the art in terms of general shape, general construction and accessories and will not be discussed in detail herein. As is customary, side, front and back seams of shell 20 and of lining 21 are preferably stitched together and then covered with conventional seam tape to prevent leakage.”, [0013], “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials.”, [0014], therefore, 10 (10 includes 20 and 21, in which 20 is “made of a breathable material such as polyester, Gore-Tex or other breathable fabrics known and used in the industry”, [0013], and 21 is “Lining 21 comprises waterproof layer 22 and insulation layer 24. Waterproof layer 22 is made of nylon fabric and is secured to insulation layer 24, which is preferably made of polyester fabric or other lightweight fabric having the desire insulative properties. It is also within the scope of the present invention for waterproof layer 22 to be made of other waterproof material known in the art such as rubber, PVC, urethane coated nylon (laminated nylon), neoprene or coated canvas or a combination of such materials”, [0014]) configured to be worn by a user over a portion of their torso and leg regions comprising: an annotated suspension system configured to support 10 on the user; a set of 16a/16b shaped to correspond to the legs of the user; 18 intercoupled between and to both the set of 16a/16b and the annotated suspension system, wherein 18 is disposed over a portion of the torso of the user, and wherein 18 further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; wherein 16/16b and 18 are composed of at least one of a water resistant material including at least one of rubber, PVC, neoprene, PU, and a waterproof breathable fabric including at least one of a membrane and coating, figures 1 and 2, annotated figure 1).
While McClintock discloses in [0020], that “Waders 10 may additionally comprise various straps, suspenders, fastening belts, buckles, pockets, drains, D-rings, insulation, padded knees, chafe guards and the like for adjusting waders to fit the user, for comfort, and for added functionality. Such accessories are known in the industry and will not be discussed in detail herein.”, in which 10 may additionally comprise a storage system (“pockets”), McClintock fails to teach, a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region.
Wood 2019, a water-repellent garment, Abstract, [0051], teaches, A water-resistant garment system comprising: a torso region (figures 7 and 8), the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; a rear storage system disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region (““The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, A water-resistant garment system ([0051], figures 7 and 8) comprising: a torso region, the torso region further includes a front, two sides, and a back corresponding to the ventral, lateral, and dorsal sides of a user respectively; 148 (a rear storage system) disposed on the back of the torso region comprising: a proximal surface substantially disposed adjacent to the dorsal side of the user; a distal surface disposed distally from the proximal surface with respect to the user; an internal region between the proximal and distal surface; and at least one opening (opening to 148) between the proximal and distal surface to the internal region, figure 8, Examiner notes: 148 is disclosed as a “back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items”, and therefore, 148 has a proximal surface; a distal surface; an internal region between the proximal and distal surface; and at least one opening between the proximal and distal surface to the internal region as claimed).
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 water-resistant lower torso and leg garment of McClintock with a rear storage system as taught by Wood 2019 in order to provide the user a rear storage system for “a place for storage of cargo, waterfowl, and other larger items…When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful”, [0080].
Claims 6, 8-9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. (2013/0205465)[McClintock] in view of Wood et al. (2019/0104775)[Wood 2019] in view of Wood et al. (2004/0237169)[Wood 2004].
Regarding claim 6, the combined references teach, wherein the at least one opening includes a first opening, and wherein the rear storage system includes a first water resistant closure system over the first opening including at least one of a zipper and hook and loop (Wood 2019, “The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, wherein the at least one opening (into 148) includes a first opening, and wherein 148 includes a first 150 over the first opening including at least one of a zipper and hook and loop, figure 8).
While Wood 2019 discloses a first opening with a water resistant closure system over the first opening, the combined references fail to teach, wherein the at least one opening includes a second opening, and wherein the rear storage system includes a first and second water resistant closure system over the first and second openings respectively each including at least one of a zipper and hook and loop.
Wood 2004, a garment with a rear storage system, Abstract, teaches, wherein the at least one opening includes a first opening and a second opening, and wherein the rear storage system includes a first and second closure system over the first and second openings respectively each including at least one of a zipper and hook and loop (“The hunting jacket 10 according to the present invention optionally includes a rearwardly disposed storage pouch 120 (see FIG. 2) for temporary storage of game such as waterfowl. Storage pouch 120 is an oversize bellowed pouch sewn along the top and bottom to the rear of the outer shell of jacket 100 and left open on both sides (with optional zipper closures) making it easily accessible simply by reaching back rearwardly and stuffing game therein. Storage pouch 120 extends across the entire lower back, from hip to hip and from waist to lower back, and this wide expanse allows a hunter to gather and temporarily stow up to six waterfowl whilst returning to his blind, without needing to carry a game bag. Stowage can be accomplished with one hand, leaving the other free to carry the shotgun or other gear. The game storage pouch 120 is located on the back of the jacket so that the waterfowl do not impede the movement of the hunter.”, [0045], therefore, wherein the at least one opening includes a first opening and a second opening (“left open on both sides (with optional zipper closures)”), and wherein 120 includes a first and second closure system (“left open on both sides (with optional zipper closures)”) over the first and second openings respectively each including at least one of a zipper and hook and loop, figure 2).
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 at least one opening of the combined references as a first opening and a second opening, with a first and second closure system over the first and second openings as taught by Wood 2004 in order to provide first and second openings “making it easily accessible simply by reaching back rearwardly and stuffing game therein”, [0045].
While, Wood 2019 discloses, a first opening with a first water resistant closure system over the first opening, and Wood 2004 discloses, first and second openings, with a first and second closure system over the first and second openings, the combined references fail to explicitly teach “a first and second water resistant closure system over the first and second openings respectively”. It has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. MPEP 2144.04 (VI)(B). Therefore, in light of Wood 2019 teaching of a first opening with a first water resistant closure system over the first opening, it would have been obvious to duplicate the first water resistant closure system over the first opening, to have a second water resistant closure system over the second opening. The motivation would be to have two pocket openings that are water resistant opening to block water from entering the internal region of the rear storage system.
Regarding claim 8, the combined references teach, wherein the internal region of the rear storage system includes a shape (Wood 2019, wherein the internal region of 148 includes a shape, figure 8).
The combined references fail to teach, the internal region of the rear storage system includes a non-rectangular shape.
Wood 2004, a water-resistant garment with a rear storage system, Abstract, teaches, a rear storage system with an internal region, wherein the internal region of the rear storage system includes a non-rectangular shape (“Storage pouch 120 is an oversize bellowed pouch sewn along the top and bottom to the rear of the outer shell of jacket 100 and left open on both sides (with optional zipper closures) making it easily accessible simply by reaching back rearwardly and stuffing game therein.”, [0045], therefore, 120 with an internal region, wherein the internal region of 120 includes a non-rectangular shape, figure 2).
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 internal region of the rear storage system of the combined references as having a non-rectangular shape as taught by Wood 2004, in order to provide the user a rear storage system with a shape that “extends across the entire lower back, from hip to hip and from waist to lower back, and this wide expanse allows a hunter to gather and temporarily stow up to six waterfowl whilst returning to his blind, without needing to carry a game bag.”, [0045].
Regarding claim 9, the combined references teach, wherein the proximal and distal surfaces form the internal region therebetween (Wood 2019, wherein the proximal and distal surfaces (of 148) form the internal region therebetween, figure 8 ).
The combined references fail to teach, wherein the proximal and distal surfaces are stitched and taped to one another so as to form the internal region therebetween.
Wood 2004, a water-resistant garment with a rear storage system, Abstract, teaches, wherein the proximal and distal surfaces are stitched and taped to one another so as to form the internal region therebetween (“All outer seams are taped to ensure complete waterproofing even in the strongest downpour.”, [0031], “Storage pouch 120 is an oversize bellowed pouch sewn along the top and bottom to the rear of the outer shell of jacket 100 and left open on both sides (with optional zipper closures) making it easily accessible simply by reaching back rearwardly and stuffing game therein.”, [0045], therefore, wherein the proximal and distal surfaces (of 120) are stitched and taped to one another so as to form the internal region therebetween, figure 2).
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 proximal and distal surfaces of the combined references as stitched and taped to one another as taught by Wood 2004, in order to “ensure complete waterproofing even in the strongest downpour”, [0031].
Regarding claim 12, the combined references teach, wherein the at least one opening includes a first and second opening, and wherein the rear storage system includes a first closure system over the first opening and a second closure system over the second opening, and wherein the first and second opening are angled between vertical and 25 degrees off vertical toward the middle of the user (Wood 2019, “The water-resistant pouch secures to the back-torso portion of the waterfowl hunting coat and includes a water-resistant pouch zipper for maintaining a watertight enclosure for the water-resistant pouch including a water-resistant zipper closure. The water-resistant pouch is configured to resist water penetrating through the waterfowl hunting coat back when the pouch zipper is opened.”, [0020], “Waterfowl hunting coat back 118 further includes back pocket 148 which provides a larger pocket accessible by way of water-resistant zipper 150. Back zipper pocket 148 provides a place for storage of cargo, waterfowl, and other larger items, as well as waterfowl hunting coat removable hood 152 (see FIGS. 14 and 15, below). When hunter 12 does anything that involves a flashlight or shells are other items, having back zipper pocket 148 can be very helpful.”, [0080], therefore, wherein the at least one opening (into 148) includes a first opening, and wherein 148 includes a first 150 over the first opening, figure 8).
The combined references fail to teach, wherein the at least one opening includes a second opening, and wherein the rear closure system includes a second closure system over the second opening, and wherein the first and second opening are angled between vertical and 25 degrees off vertical toward the middle of the user.
Wood 2004, a garment with a rear storage system, Abstract, teaches, wherein the at least one opening includes a first and second opening, and wherein the rear closure system includes a second closure system over the second opening, and wherein the first and second opening are angled between vertical and 25 degrees off vertical toward the middle of the user (“The hunting jacket 10 according to the present invention optionally includes a rearwardly disposed storage pouch 120 (see FIG. 2) for temporary storage of game such as waterfowl. Storage pouch 120 is an oversize bellowed pouch sewn along the top and bottom to the rear of the outer shell of jacket 100 and left open on both sides (with optional zipper closures) making it easily accessible simply by reaching back rearwardly and stuffing game therein. Storage pouch 120 extends across the entire lower back, from hip to hip and from waist to lower back, and this wide expanse allows a hunter to gather and temporarily stow up to six waterfowl whilst returning to his blind, without needing to carry a game bag. Stowage can be accomplished with one hand, leaving the other free to carry the shotgun or other gear. The game storage pouch 120 is located on the back of the jacket so that the waterfowl do not impede the movement of the hunter.”, [0045], therefore, wherein the at least one opening includes a first and second opening (“left open on both sides (with optional zipper closures)”), and wherein 120 includes a second closure system over the second opening (“left open on both sides (with optional zipper closures)”), and wherein the first and second opening are angled between vertical and 25 degrees off vertical toward the middle of the user, figure 2).
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 at least one opening of the combined references as a first opening and a second opening that are angled between vertical and 25 degrees off vertical toward the middle of the user, with a second closure system over the second openings, as taught by Wood 2004 in order to provide first and second openings “making it easily accessible simply by reaching back rearwardly and stuffing game therein”, [0045].
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. (2013/0205465)[McClintock] in view of Wood et al. (2019/0104775)[Wood 2019] in view of Hollimon et al. (2017/0095022)[Hollimon]
Regarding claim 15, the combined references teach, the at least one opening and closure system (Wood 2019, the at least one opening (of 148) and 150, figure 8).
The combined references fail to teach, wherein the at least one opening and closure system are oriented at an approximate 45 degree angle.
Hollimon, a garment with a pocket, Abstract, teaches, wherein the at least one opening and closure system are oriented at an approximate 45 degree angle (“a pocket opening 31”, [0031], “the pocket 10 is positioned onto the shirt at an angle of approximately 45 degrees relative to a horizontal plane. This orientation is preferred as it allows the user to easily access the pocket, and further prevents any devices located within the pocket from falling out in the event that the zipper 14 is inadvertently left in the open orientation.”, [0032], therefore, wherein the at least one 31 and 14 are oriented at an approximate 45 degree angle, figure 3A).
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 at least one opening and closure system of the combined references as being oriented at an approximate 45 degree angle, as taught by Hollimon in order to “allow[s] the user to easily access the pocket, and further prevents any devices located within the pocket from falling out in the event that the zipper 14 is inadvertently left in the open orientation.”, [0032].
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over McClintock et al. (2013/0205465)[McClintock] in view of Wood et al. (2019/0104775)[Wood 2019] in view of Smith (2,762,054).
Regarding claim 17, the combined references teach, the garment system (as combined above as taught by McClintock and Wood 2019) and the front of the torso region (McClintock, the front of 18, figure 1).
The combined references fail to teach, wherein the garment system includes a zipper disposed on the front of the torso region.
Smith, a water-repellent lower torso and leg garment system, Col. 1 ln. 37-42 figures 1 and 2, teaches, wherein the garment system includes a zipper disposed on the front of the torso region (“the illustrated embodiment of the invention comprises a sport garment which is more particularly adapted for hunting purposes although it is also usable for fishing. It constitutes an overall which can be quickly slipped on by the sportsmen and is of any suitable textile fabric having water repellent properties. As shown, the overall has a trouser portion 10 which is one piece with an upper body covering portion 11. The upper body covering portion is open down the front to the crotch and these portions are readily connectable by a slideable fastener arrangement generally known as a "zipper" and indicated at 12.”, Col. 1 ln. 37-47, therefore, wherein the garment system includes 12 disposed on the front of the torso region 11, figure 1).
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 garment system of the combined references with a zipper disposed on the front of the torso region as taught by Smith, in order to provide a zipper that allows the user to easily put on and take off the garment.
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Response to Arguments
Applicant's arguments filed January 11, 2023 have been fully considered but they are not persuasive.
In response to Applicant’s argument that:
“However, Wood 2019 does not teach a rear storage system consistent with the claim limitations. The rear storage system of claim 1 is defined as "a rear storage system disposed on the back of the torso region..." and the torso region is defined as "a torso region intercoupled between and to both the set of leg regions and the suspension system...". The torso region of Wood 2019 is not intercoupled between leg regions and a suspension system. The novel integration of a rear storage system onto the back of torso region that is intercoupled between leg regions and a suspension system is a critical element of the claimed invention which required significant innovation and problem solving. All claim limitations must be considered and therefore the components of the cited references are not analogous to elements in the claim limitations. Wood 2019 does NOT teach a torso region consistent with the limitations in claim 1 because it is not intercoupled between leg regions and a suspension system.”
Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here, Applicant argues that Wood 2019 does not include a torso region that intercoupled between leg regions and a suspension system, and while it may be true that Wood 2019 does not teach this structure, this particular rejection is made as unpatentable over McClintock in view of Wood 2019. Wood 2019 is used to teach the structure of a rear storage system disposed on the back of the torso region, and the specific argued feature of a torso region that intercoupled between leg regions and a suspension system is taught by McClintock. Wood 2019 disclose a torso region with 148 (rear storage system), which Examiner properly combined the torso region of McClintock to include the rear storage system of Wood 2019. Therefore, Applicant’s argument is unpersuasive.
In response to Applicant’s argument that:
“The proposed combination would require modification and/or undue experimentation. The proposed combination fails to teach all of the limitations and elements of claim 1. Since the proposed combination of McClintock and Wood 2019 fails to teach all of the limitations of claim 1, Applicants respectfully request the withdrawal of the rejection of claim 1 and associated dependent claims 2-5, 7, 10-11, 13-14, 16, and 18 under 103.”
Examiner respectfully disagrees. Examiner provides Wood 2019 to teach the structure of a rear storage system disposed on the back of the torso region, which Examiner properly combined the torso region of McClintock to include the rear storage system of Wood 2019. Both McClintock and Wood 2019 are garments that are used for outdoor activities, in which both references disclose the use of pockets, see McClintock [0020], which discloses “Waders 10 may additionally comprise various…pockets…Such accessories are known in the industry and will not be discussed in detail herein.”, therefore, is well within the skill of one of ordinary skill in the art, to look to the references of McClintock which discloses the garment as comprising pockets and Wood 2019 which discloses a torso region with a rear storage system, to combine the a rear storage system (on the torso region) of Wood 2019 with torso region of McClintock as claimed. In this case, the examiner has provided a complete and sufficient obviousness rejection complete with a teaching, suggestion, or motivation to combine the references of McClintock and Wood 2019. Further, examiner has provided all claimed structures with the combined references of McClintock and Wood 2019 and provides a motivation for the combination. Therefore, applicant’s argument is unpersuasive.
Applicant’s argument regarding claims 19 and 20, “Independent claims 19 and 20 also include the same limitations pertaining to a rear storage system being disposed on a torso region which is "intercoupled between and to both the set of leg regions and the suspension system". Therefore, the proposed combination of McClintock and Wood 2019 also fail to teach all of the limitations of independent claims 19 and 20 for at least the same reasons as stated above with respect to claim 1”, Examiner notes that the above responses to Applicant’s arguments of claim 1 are also in response to claims 19 and 20.
Regarding the use of Wood 2004 (claims 6, 8-9 and 12) and Hollimon (claim 15), Applicant's arguments amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
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 JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 9:00-5:00.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732