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 January 6, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1 and 14-17 have been amended; claims 3, 4, 8 and 13 are canceled. Accordingly, claims 1, 2, 5-7, 9-12 and 14-17 are pending in this application, with an action on the merits to follow.
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: Independent claim 1 recites “a single band being positioned between the peripheral wall of the pocket and the liner” (emphasis added), which is absent from the written Specification (although, this at least appears to be illustrated in Fig. 4). Independent claims 1 and 17 each recite “wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band”, which is absent from the written Specification. Further, the Specification recites “band”, but does not recite that the band is a “single” band, as has been amended into the claims.
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.
Claims 1, 2, 5-7, 9-12 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Michaeloff (US 2022/0142277) in view of Garabedian (USPN 9,532,618).
Regarding independent claim 1, Michaeloff discloses a beverage insulating system (see Figs. 4, 5, Abstract, ¶ 0001 of Michaeloff) comprising: a beverage container (bottle #32; Michaeloff discloses that the beverage container could also be a beverage can (¶ 0029 of Michaeloff)); a garment (#10; ¶ 0026 of Michaeloff discloses that while the illustrations show pants, the invention could be directly applicable to other garments, including upper body garments, such as shirts, jerseys, sweaters, jackets, hoodies) having an outer surface (see beverage pocket region #50 in Fig. 4 of Michaeloff, which is on an outer surface of garment #10); a pocket being coupled to the outer surface of the garment (see Fig. 4 of Michaeloff; pocket #30), the pocket having an interior space, the interior space having a size being complementary to a size of the beverage container wherein the beverage container is positionable within the pocket (¶ 0005 of Michaeloff discloses that the pocket is sized to removably receive and retain the beverage container; see Figs. 4-5 of Michaeloff), the pocket including a bottom wall and a peripheral wall being coupled to and extending upwardly from the bottom wall to define the interior space (see Fig. 5 of Michaeloff, which shows a bottom wall and a peripheral wall extending upwardly from the bottom wall, for the pocket #30), the peripheral wall having an upper edge (#42) defining an opening (#48) distal to the bottom wall to facilitate access to the interior space (see Figs. 4-5 of Michaeloff); a liner being positioned in the interior space, the liner covering an interior surface of the pocket (Fig. 7C of Michaeloff shows a section of the outer part of the pocket #30, which includes a layer #52c of insulating material (¶ 0034 of Michaeloff); Fig. 8C of Michaeloff shows a section of the outer surface of the garment within region #50, which includes a layer #54c of insulating material (¶ 0035 of Michaeloff)), the liner comprising an insulated material being configured to insulate contents of the beverage container from outside temperatures when the beverage container is positioned within the pocket (as noted above). Michaeloff teaches that the pocket #30 (as shown in Figs. 5 and 7C of Michaeloff) and beverage pocket region #50 (as shown in Figs. 5 and 8C of Michaeloff) can employ four or more layers of material, and that the pocket and garment can be made of elastic materials that enable the pocket to stretch and expand to readily receive the beverage container #32 and then return to a generally flat state when the beverage container is removed from the pocket (¶ 0033-0035 of Michaeloff), but does not specifically teach that there is a single band being positioned between the peripheral wall of the pocket and the liner, the single band comprising a resiliently compressible material being configured to secure the beverage container within the pocket, the single band being positioned between the bottom wall and the opening of the pocket wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band.
Garabedian teaches a garment with a pocket (second compartment #130; Fig. 13 of Garabedian) that has a band (securing elements #195 are bands; Fig. 13 shows three securing elements #195 in the second compartment #130 (i.e. pocket)) being positioned between material layers of the pocket (Col. 2, Lines 28-30 of Garabedian), the band comprising a resiliently compressible material (Col. 9, Lines 41-43 of Garabedian disclose that the band is made of elastic material (i.e. resiliently compressible material)) being configured to secure an article within the pocket (Col. 2, Lines 21-24 of Garabedian), the band being positioned between a bottom wall of the pocket and an opening of the pocket wherein a distance between the bottom wall and the band is less than a distance between the opening and the band (the bottommost band #195 is a band that is positioned closer to the bottom wall of the pocket #130 than to the top opening of the pocket #130; see Fig. 13 of Garabedian).
Michaeloff and Garabedian teach analogous inventions in the field of garment pockets configured to secure an article therein. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the three elastic securing elements #195 (i.e. resiliently compressible material bands) of Garabedian into the pocket #30 of Michaeloff in order to better secure the beverage container therein, to further assist the pocket in holding the beverage container inside, due to the inward compression afforded from the added elastic bands from Garabedian. As a result of the modification, there would be a single band positioned between the peripheral wall of the pocket and the liner (of the added three bands, the bottom band is the “single band” for purposes of addressing the claim language (Examiner notes that the open-ended transitional phrase “comprising” used between the preamble and the body of the claim permits additional structure to be present; in this present case, there are three single bands, although the bottom instance is the band relied upon for addressing the “single band” of the claim language); Garabedian teaches that “the at least one second band may be…embedded within the at least one of the inner material portion and an outer material portion” which indicates that the band is contemplated to be positioned between the peripheral wall of the pocket (i.e. outer material portion) and the liner (i.e. inner material portion)), the single band comprising a resiliently compressible material being configured to secure the beverage container within the pocket (as explained above), the single band being positioned between the bottom wall and the opening of the pocket wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band (the bottom band (i.e. the single band) is positioned between the pocket opening and the bottom wall of the pocket, and is closer to the bottom wall than to the opening, as the bottom band #195 is depicted in Fig. 13 of Garabedian).
Regarding claim 2, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the garment further comprises a front side, wherein the pocket is positioned on the front side of the garment such that the beverage container is configured to be accessible to a user when the user is wearing the garment (Fig. 1 of Michaeloff shows the front side of the garment, with the pocket positioned on the front side and is capable of being accessed by the user, when worn).
Regarding claim 5, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the bottom wall extends perpendicularly outward from the outer surface of the garment (as shown in Fig. 5 of Michaeloff).
Regarding claim 6, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the peripheral wall extends perpendicularly upward from the bottom wall (as shown in Fig. 5 of Michaeloff).
Regarding claim 7, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the peripheral wall has a height exceeding a length of the bottom wall (as shown in Fig. 4 of Michaeloff, both the left and right edges (#38, #40), as illustrated, are longer than the bottom edge’s length (#36); ¶ 0032 of Michaeloff discloses potential ranges of dimensions for the edges).
Regarding claim 9, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the liner covers an interior surface of the bottom wall and the peripheral wall of the pocket (Fig. 4 of Michaeloff shows a continuous layer of material that defines the peripheral wall and the bottom wall of the pocket, wherein Fig. 7C of Michaeloff shows that insulating liner #52c is present).
Regarding claim 10, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the liner covers an interior surface of the peripheral wall of the pocket (part of the liner (#52c) covers the interior surface of layer #52a of the peripheral wall of the pocket #30 (Fig. 7C of Michaeloff)).
Regarding claim 11, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the liner covers an interior surface of the bottom wall of the pocket (part of the liner (#52c) covers the interior surface of layer #52a of the bottom wall of the pocket #30 (Fig. 7C of Michaeloff)).
Regarding claim 12, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the liner covers a portion of the outer surface of the garment being positioned within the interior space (part of the liner (#54c) covers a portion of the surface of layer #54b of the outer surface of the garment #10 within the interior space of the pocket #30 (Fig. 8C of Michaeloff); Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Regarding claim 14, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the single band is coupled to the pocket and the liner (as noted above, Garabedian teaches that the elastic bands #195 may be secured between inner and outer material portions of the pocket (i.e. the outer material portion being the pocket itself; the inner material portion being a liner); as modified into Michaeloff, the added elastic bands (including the bottom instance of the bands, which is “the single band”, as explained in the rejection of independent claim 1 above) from Garabedian are likewise placed between the pocket material and the liner material; Examiner further notes that all components of the garment are collectively coupled to one another).
Regarding claim 15, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the single band is coupled to the pocket (as noted above, Garabedian teaches that the elastic bands #195 may be secured between inner and outer material portions of the pocket (i.e. the outer material portion being the pocket itself; the inner material portion being a liner); as modified into Michaeloff, the added elastic bands (including the bottom instance of the bands, which is “the single band”, as explained in the rejection of independent claim 1 above) from Garabedian are likewise placed between the pocket material and the liner material; Examiner further notes that all components of the garment are collectively coupled to one another).
Regarding claim 16, the modified system of Michaeloff (i.e. Michaeloff in view of Garabedian, as applied to claim 1 above) renders obvious all the limitations of claim 1, and further that the single band is coupled to the liner (as noted above, Garabedian teaches that the elastic bands #195 may be secured between inner and outer material portions of the pocket (i.e. the outer material portion being the pocket itself; the inner material portion being a liner); as modified into Michaeloff, the added elastic bands (including the bottom instance of the bands, which is “the single band”, as explained in the rejection of independent claim 1 above) from Garabedian are likewise placed between the pocket material and the liner material; Examiner further notes that all components of the garment are collectively coupled to one another).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Michaeloff in view of Garabedian and Swank et al. (hereinafter “Swank”) (US 2019/0037934).
Regarding independent claim 17, Michaeloff discloses a beverage insulating system (see Figs. 4, 5, Abstract, ¶ 0001 of Michaeloff) comprising: a beverage container, the beverage container including one of a bottle and a can (bottle #32; Michaeloff discloses that the beverage container could also be a beverage can (¶ 0029 of Michaeloff)); a garment (#10; ¶ 0026 of Michaeloff discloses that while the illustrations show pants, the invention could be directly applicable to other garments, including upper body garments, such as shirts, jerseys, sweaters, jackets, hoodies) having an outer surface (see beverage pocket region #50 in Fig. 4 of Michaeloff, which is on an outer surface of garment #10), the garment having a front side (Fig. 1 shows the front side of the garment, with the pocket positioned on the front side and is capable of being accessed by the user, when worn), the garment comprising a shirt (as noted above, ¶ 0026 of Michaeloff discloses that while the illustrations show pants, the invention could be directly applicable to other garments, including upper body garments, such as shirts, jerseys, sweaters, jackets, hoodies); a pocket being coupled to the outer surface of the garment (see Fig. 4 of Michaeloff; pocket #30), the pocket comprising a bottom wall and a peripheral wall being coupled to and extending upwardly from the bottom wall to define an interior space (see Fig. 5 of Michaeloff, which shows a bottom wall and a peripheral wall extending upwardly from the bottom wall, for the pocket #30), the peripheral wall having an upper edge (#42) defining an opening (#48) distal to the bottom wall to facilitate access to the interior space (see Figs. 4-5 of Michaeloff), the interior space having a size being complementary to a size of the beverage container wherein the beverage container is positionable within the pocket (as shown in the Figures of Michaeloff), the bottom wall extending perpendicularly outward from the outer surface of the garment (as shown in Fig. 5 of Michaeloff), the peripheral wall extending perpendicularly upward from the bottom wall (as shown in Fig. 5 of Michaeloff), the peripheral wall having a height exceeding a length of the bottom wall (as shown in Fig. 4 of Michaeloff, both the left and right edges (#38, #40), as illustrated, are longer than the bottom edge’s length (#36); ¶ 0032 of Michaeloff discloses potential ranges of dimensions for the edges); a liner being positioned in the interior space, the liner covering an interior surface of the bottom wall and the peripheral wall of the pocket (Fig. 7C of Michaeloff shows a section of the outer part of the pocket #30, which includes a layer #52c of insulating material (¶ 0034 of Michaeloff); Fig. 8C of Michaeloff shows a section of the outer surface of the garment within region #50, which includes a layer #54c of insulating material (¶ 0035 of Michaeloff); Fig. 4 of Michaeloff shows a continuous layer of material that defines the peripheral wall and the bottom wall of the pocket, wherein Fig. 7C of Michaeloff shows that insulating liner #52c is present), the liner covering a portion of the outer surface of the garment wherein the portion of the outer surface of the garment is positioned within the interior space (part of the liner (#54c) covers a portion of the surface of layer #54b of the outer surface of the garment #10 within the interior space of the pocket #30 (Fig. 8C); Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)), the liner comprising an insulated material being configured to insulate contents of the beverage container from outside temperatures when the beverage container is positioned within the pocket (as noted above); wherein the pocket is positioned on the front side of the garment such that the beverage container is configured to be accessible to a user when the user is wearing the garment (Fig. 1 of Michaeloff shows the front side of the garment, with the pocket positioned on the front side and is capable of being accessed by the user, when worn). Michaeloff teaches that the pocket #30 (as shown in Figs. 5 and 7C of Michaeloff) and beverage pocket region #50 (as shown in Figs. 5 and 8C of Michaeloff) can employ four or more layers of material, and that the pocket and garment can be made of elastic materials that enable the pocket to stretch and expand to readily receive the beverage container #32 and then return to a generally flat state when the beverage container is removed from the pocket (¶ 0033-0035 of Michaeloff), but does not specifically teach that there is a single band coupled to at least one of the pocket and the liner, the single band being positioned between the pocket and the liner, the single band comprising a resiliently compressible material being configured to secure the beverage container within the pocket, the single band being positioned between the bottom wall and the opening of the pocket wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band. Michaeloff is silent as to whether the shirt garment example includes a sleeveless vest.
Garabedian teaches a garment with a pocket (second compartment #130; Fig. 13 of Garabedian) that has a band (securing elements #195 are bands; Fig. 13 shows three securing elements #195 in the second compartment #130 (i.e. pocket)) being positioned between material layers of the pocket (Col. 2, Lines 28-30 of Garabedian), the band comprising a resiliently compressible material (Col. 9, Lines 41-43 of Garabedian disclose that the band is made of elastic material (i.e. resiliently compressible material)) being configured to secure an article within the pocket (Col. 2, Lines 21-24 of Garabedian), the band being positioned between a bottom wall of the pocket and an opening of the pocket wherein a distance between the bottom wall and the band is less than a distance between the opening and the band (the bottommost band #195 is a band that is positioned closer to the bottom wall of the pocket #130 than to the top opening of the pocket #130; see Fig. 13 of Garabedian).
Swank teaches a sleeveless vest (Figs. 1-8 of Swank) that has a couple of beverage-holding pockets (#8, #10) that have insulated linings (¶ 0011, 0060-0061, 0110 of Swank).
Michaeloff and Garabedian teach analogous inventions in the field of garment pockets configured to secure an article therein. Michaeloff and Swank teach analogous inventions in the field of upper body garments with insulated beverage holding pockets. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have used a sleeveless vest as the garment of choice of Michaeloff (since Michaeloff discloses that its invention can be applied into other garment examples; ¶0026 of Michaeloff), in order to utilize the invention in a vest garment, such as a safety vest wherein a user, such as a construction worker, can enjoy the benefits of holding a beverage in the vest pocket in a hot work environment. It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the three elastic securing elements #195 (i.e. resiliently compressible material bands) of Garabedian into the pocket #30 of Michaeloff in order to better secure the beverage container therein, to further assist the pocket in holding the beverage container inside, due to the inward compression afforded from the added elastic bands from Garabedian. As a result of the modifications, there would be a single band coupled to at least one of the pocket and the liner, the single band being positioned between the pocket and the liner, the single band comprising a resiliently compressible material being configured to secure the beverage container within the pocket, the single band being positioned between the bottom wall and the opening of the pocket wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band (as taught by Garabedian and incorporated into Michaeloff, as explained above; as explained in the 35 U.S.C. 103 rejection of claim 1, of the added three bands, the bottom band is the “single band” for purposes of addressing the claim language (Examiner notes that the open-ended transitional phrase “comprising” used between the preamble and the body of the claim permits additional structure to be present; in this present case, there are three single bands, although the bottom instance is the band relied upon for addressing the “single band” of the claim language)). Also as a result of the modifications, the shirt would be a sleeveless vest, as taught by Swank and incorporated into Michaeloff, as explained above.
Response to Arguments
Applicant's arguments filed January 6, 2026 have been fully considered but they are not persuasive.
Regarding the Specification objection, Applicant argues “the relative distances between the single band and each of the bottom wall and the opening is shown clearly in the drawings as originally filed, including Figures 1 - 5” and that “the figures form part of the disclosure of a patent and are capable of providing support for claim limitations that are not specifically stated in the written detailed description” (middle of Page 6 of Remarks). Examiner does not disagree here. However, there was no indication of new matter in the Specification objection in the previous Office Action, nor in the present Office Action. The objection was (and remains) based on claim language not being recited in the written Specification. Since the Specification still does not recite this subject matter, the Specification objection is maintained, as detailed above. Applicant may obviate this Specification objection by adding the objected-to language (outlined in the present Specification objection of the present Office Action) into the Specification. This would not be deemed new matter, as the drawings show support. This same comment/suggestion is applicable to Applicant’s argument regarding the language “a [single] band being positioned between the peripheral wall of the pocket and the liner” in the bottom of Page 7 of their Remarks.
Regarding the prior art rejections, Applicant argues (without citing any specific section of Garabedian’s disclosure) that Garabedian teaches embedding elastic securing elements within a single piece of fabric. The only instance where such a limitation can be found in Garabedian is in the paragraph on Col. 4, Lines 47-63. This paragraph states that the inner material portion and outer material portion can be separate material elements attached (such as through sewing, fusing and/or adhesive) at their perimeters to form a pocket bag within the unattached central regions of the inner and outer material portions, or alternatively, the inner and outer material portions may be two portions of a single piece of material folded over and attached at its perimeter to form the pocket bag. In either situation, the inner and outer material portions would each be formed by a full thickness a material element, not just interior and exterior surfaces of a single thickness of a material layer. Regardless, Garabedian is not being relied upon for adding any peripheral wall or pocket to the base reference of Michaeloff in the 103 combination. Michaeloff already includes multiple layers. Since Garabedian clearly teaches that it is a known concept to have the elastic bands embedded within at least one of the inner material portion and outer material portion (Col. 2, Lines 21-30 of Garabedian), then the obvious location for adding the elastic bands into Michaeloff’s pocket would be between material layers that are already present in Michaeloff, as required by the claim (“a single band being positioned between the peripheral wall of the pocket and the liner”).
Applicant further argues that the plurality of securing elements of Garabedian being added into Michaeloff’s pocket would not result in “using only a single band spaced from the opening of the pocket”. This is not found persuasive because independent claims 1 and 17 (which each include the new “single band” language) use the open-ended transitional phrase “comprising”, which allows for additional structure to be present to meet the claim language. The addition of the three elastic bands from Garabedian into Michaeloff would, in fact result in “a single band” (i.e. the bottom-most band of the three added bands), being present, wherein a distance between the bottom wall and the single band is less than a distance between the opening and the single band. The not-relied-upon (at least not-relied-upon for addressing any of the claimed subject matter, specifically) upper two added elastic bands would also, themselves, be single bands that are present (i.e. there would be three single bands), acknowledging the importance of the open-ended “comprising” term being used in the claim.
Accordingly, absent further distinguishing language in the claims, the prior art combinations in the 35 U.S.C. 103 rejections is deemed proper and is maintained.
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.
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/JAMESON D COLLIER/ Primary Examiner, Art Unit 3732