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
Applicant’s amendment, filed 28 January 2026, is reviewed and entered. This Office Action is a final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 2, 4, 10, 20
Newly Added
21-28
Withdrawn
6, 11, 14-15
Canceled
3, 9, 12-13
Pending
1-2, 4-8, 10-11, 14-28
Presented for Examination
1-2, 4-5, 7-8, 10, 16-28
Response to Arguments
Applicant's arguments filed 28 January 2026 have been fully considered but they are not persuasive.
Drawing Objections, Claim Objections, 112(b) Rejections
Overcome by the claim amendments and withdrawn.
103 Rejections
The arguments are drawn to newly amended subject matter and are addressed in the rejections below.
Election/Restrictions
Applicant previously elected with traverse Species 3 (FIGS 1-5H and 8A-8B) in the reply filed on 29 September 2025.
Claim Rejections - 35 USC § 103
Claim(s) 1-2, 4-5, 7-8, 10, 16-20, 22, 25-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Holmes (US 11324265 B2) in view of Malish (US 20100136882 A1).
As to claim 1, Holmes discloses a pocket system for a garment (“Pocket for a garment,” title) comprising:
a pocket structure having a pocket opening (pocket 500 having opening 510 as described in col 3 line 10-25), an inner and outer panel that are attached to each other to form a closed bonded edge and a closed first side edge and a closed second side edge (inner 420 and outer 410 panel, closed side edges 413 and 414 in FIG 2); wherein the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure (412 in FIG 2); wherein the closed bonded edge connects to the first side edge of the pocket structure at a first angle and second side edge of the pocket structure at a second angle (the angle between 413 and 412 and the angle between 412 and 414).
Holmes does not expressly disclose wherein the first side edge and second side edge are defined by a first stitched edge and a second stitched edge; wherein the closed bonded edge is formed by a bond affixing the inner and outer panel.
Holmes col 2 line 45-55 discloses glued and sewn connections but it is not clear if these connections connect the pocket 500 to the waistband or the legs 800, 900 to the waistband. Regardless, Holmes discloses it is known to provide a garment with both bonded (glued) and stitched (sewn) connections.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to close the side edges by stitching and close the bottom edge by bonding for the purpose of providing known means of forming a pocket that would effectively close the edges to prevent objects from falling out while providing connections that would minimally interfere with the stretch of the fabric and that would be economical and easy to source.
Holmes does not disclose wherein one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 or an acute angle that is greater than 00 and less than 900.
Holmes discloses the first and second angles are acute.
Holmes discloses the pocket is formed by the combined waistband and yoke having an open top. A yoke is a known garment construction for shaping a garment to fit the wearer’s body. It is known to provide yokes such as Holmes’, where the bottom edge of the yoke curves upward, which results in acute angles between the lateral side edges of the garment and the bottom edge of the yoke. It is also known to provide yokes with a construction where the bottom edge curves downward instead of upward, resulting in obtuse angles between the lateral side edges of the garment and the bottom edge of the yoke. One of ordinary skill would recognize that curving the bottom edge of the yoke upward or downward would be functionally equivalent, and one of ordinary skill would choose the one that fits the intended aesthetic or fit.
Malish teaches a similar garment (see annotated portion of FIG 1B below) including one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 (see annotated portion of FIG 1B below) and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 (see annotated portion of FIG 1B below) or an acute angle that is greater than 00 and less than 900.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Holmes’ closed bonded edge with a downward curve which would result in a first obtuse angle that is greater than 900 and less than 1800 and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800, in order to provide a garment having the desired shaping for aesthetics and fit.
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As to claim 2, Holmes discloses the pocket system of claim 1, wherein one or more of the first and second stitched edge is a seam (this is the result of the modification presented in the rejection of claim 1 above).
As to claim 4, Holmes as modified does not disclose the pocket system of claim 1, wherein the first obtuse angle is equal to or greater than 100 degrees and less than 180 degrees.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
As to claim 5, Holmes discloses the pocket system of claim 1, wherein one or more of the first stitched edge and second stitched edge stitching extends beyond the pocket system to define a portion of garment structure (the pocket system is included in the garment structure; therefore, all of the stitching of the pocket system is also included in the garment structure; in order to be attached to the garment, the pocket is necessarily stitched beyond the pocket and to other portions of the garment).
As to claim 7, Holmes discloses the pocket system of claim 1, wherein the bond is formed using an adhesive glue (col 2 line 45-55), heat bonding, chemical bonding, ultrasonic bonding, or a combination thereof.
As to claim 8, Holmes discloses the pocket system according to claim 1, wherein one or more of the inner panel and outer panel is formed by a combination of more than one fabric panel (inner 420 and outer 410 panel; col 3 line 10-15 discloses the panels are fabric panels).
As to claim 10, Holmes discloses the pocket system according to claim 1, wherein the pocket structure has a shape and dimensions configured to receive a portion of one or more of a wallet, mobile device, or keyring (capable of receiving, depending on the size of the portion, intended to receive as shown in FIG 11).
As to claim 16, Holmes discloses the pocket system according to claim 1, wherein the pocket opening is disposed on a lower portion of the pocket system (according to Applicant’s figures, the pocket opening is above the closed bottom edge and Holmes’ pocket opening is positioned in the same portion of the pocket system, so to the degree shown in Applicant’s figures, Holmes’ pocket opening is also disposed on a lower portion of the pocket system).
As to claim 17, Holmes discloses the pocket system according to claim 16, wherein the pocket opening is under tension forces configured to retain objects within the pocket system (col 3 line 25-50).
As to claim 18, Holmes discloses the pocket system according to claim 1, wherein the closed bonded edge is a bottom edge of the pocket system (FIG 2).
As to claim 19, Holmes discloses the pocket system according to claim 18, wherein the shaped edge is shaped with at least one valley segment configured to receive objects (FIG 2 shows a valley at the intersection of the side edge and the bottom edge, capable of receiving objects such as objects small enough to fit in the valley).
As to claim 20, Holmes discloses a body covering garment having a pocket structure (“Pocket for a garment,” title) comprising:
the pocket structure being formed by having a pocket opening (pocket 500 having opening 510 as described in col 3 line 10-25), an inner and outer panel that are attached to each other to form a closed bonded edge and a closed first side edge and a closed second side edge (inner 420 and outer 410 panel, closed side edges 413 and 414 in FIG 2); wherein the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure (412 in FIG 2); wherein the closed bonded edge connects to the first side edge of the pocket structure at a first angle and second side edge of the pocket structure at a second angle (the angle between 413 and 412 and the angle between 412 and 414).
Holmes does not expressly disclose wherein the first side edge and second side edge are defined by a first stitched edge and a second stitched edge; wherein the closed bonded edge is formed by a bond affixing the inner and outer panel.
Holmes col 2 line 45-55 discloses glued and sewn connections but it is not clear if these connections connect the pocket 500 to the waistband or the legs 800, 900 to the waistband. Regardless, Holmes discloses it is known to provide a garment with both bonded (glued) and stitched (sewn) connections.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to close the side edges by stitching and close the bottom edge by bonding for the purpose of providing known means of forming a pocket that would effectively close the edges to prevent objects from falling out while providing connections that would minimally interfere with the stretch of the fabric and that would be economical and easy to source.
Holmes does not disclose wherein one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 or an acute angle that is greater than 00 and less than 900.
Holmes discloses the first and second angles are acute.
Holmes discloses the pocket is formed by the combined waistband and yoke having an open top. A yoke is a known garment construction for shaping a garment to fit the wearer’s body. It is known to provide yokes such as Holmes’, where the bottom edge of the yoke curves upward, which results in acute angles between the lateral side edges of the garment and the bottom edge of the yoke. It is also known to provide yokes with a construction where the bottom edge curves downward instead of upward, resulting in obtuse angles between the lateral side edges of the garment and the bottom edge of the yoke. One of ordinary skill would recognize that curving the bottom edge of the yoke upward or downward would be functionally equivalent, and one of ordinary skill would choose the one that fits the intended aesthetic or fit.
Malish teaches a similar garment (see annotated portion of FIG 1B below) including one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 (see annotated portion of FIG 1B below) and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 (see annotated portion of FIG 1B below) or an acute angle that is greater than 00 and less than 900.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Holmes’ closed bonded edge with a downward curve which would result in a first obtuse angle that is greater than 900 and less than 1800 and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800, in order to provide a garment having the desired shaping for aesthetics and fit.
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As to claim 22, Holmes as modified does not expressly disclose the pocket system according to claim 1, wherein the first obtuse angle is equal to or greater than 1400 and less than 1800.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
As to claim 25, Holmes as modified discloses the pocket system according to claim 1, wherein the another of the first angle and the second angle is the second obtuse angle (this is the result of the modification presented in the rejection of claim 1 above).
As to claim 26, Holmes as modified does not disclose the pocket system according to claim 25, wherein each of the first obtuse angle and the second obtuse angle is independently equal to or greater than 1000 and less than 1800.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
Claim(s) 1-2, 4-5, 8, 10, 16-24, 27-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seguin (US 8490219 B2) in view of Huang (US 20220248788 A1).
As to claim 1, Seguin discloses a pocket system for a garment (“Protective garment comprising at least one tapered pocket,” title) comprising:
a pocket structure having a pocket opening (FIGS 5A-5B show pockets 40a and 40b have an opening 50), an inner and outer panel (52, 54) that are attached to each other to form a closed bonded edge (44) and a closed first side edge and a closed second side edge (46, 48; col 4 line 60-67 discloses “The interior chamber 56 is formed between an outer surface 52 and an inner surface 54. Each of the top edge 42, bottom edge 44, frontal side edge 46 and back side edge 48 is formed via a seam joining the outer surface 52 and inner surface 54 together.”);
wherein the closed bonded edge is formed by a bond affixing the inner and outer panel (44; col 4 line 60-67 discloses “Each of the top edge 42, bottom edge 44, frontal side edge 46 and back side edge 48 is formed via a seam joining the outer surface 52 and inner surface 54 together.”);
wherein the closed bonded edge connects to the first side edge of the pocket structure at a first angle and the closed bonded edge connects to the second side edge of the pocket structure at a second angle (FIGS 5A-5B);
wherein one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 (FIGS 5A-5B show the angle between 46 and 44 is obtuse) and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 or an acute angle that is greater than 00 and less than 900 (FIGS 5A-5B show the angle between 48 and 44 is acute).
Seguin does not expressly disclose “wherein the first side edge and second side edge are defined by a first stitched edge and a second stitched edge.”
Seguin does disclose the edges are connected by a seam (col 4 line 60-67), but is silent as to how the seam is formed. FIGS 5A-5B show broken lines at the edges which are typically used to illustrate lines of sewing. One of ordinary skill would expect that the broken lines represent stitching at the seams.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to close the side edges by stitching and close the bottom edge by bonding for the purpose of providing known means of forming a pocket that would effectively close the edges to prevent objects from falling out while providing connections that would minimally interfere with the stretch of the fabric and that would be economical and easy to source.
Seguin does not disclose “wherein the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure.”
It is noted that FIGS 3-4 appear to show the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure, but it is not clear if FIGS 3-4 are showing an embodiment having a curved edge or if FIGS 3-4 are showing a condition where the edge is curved (e.g., the edge is curved around the body when worn). In either case, FIGS 3-4 demonstrate that the claimed feature is within the scope of the Seguin reference.
Huang teaches a similar pocket structure (12 in FIG 4) wherein the closed bonded edge (22 in FIG 4) defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure (FIG 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Seguin’s closed bonded edge to define a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure, in order to achieve the desired aesthetics and to fit the contours of the wearer’s body.
As to claim 2, Seguin discloses the pocket system of claim 1, wherein one or more of the first and second stitched edges is a seam (col 4 line 60-67 discloses “Each of the top edge 42, bottom edge 44, frontal side edge 46 and back side edge 48 is formed via a seam joining the outer surface 52 and inner surface 54 together.”).
As to claim 4, Seguin does not expressly disclose the pocket system of claim 1, wherein the first obtuse angle is equal to or greater than 100 degrees and less than 180 degrees.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
As to claim 5, Seguin discloses the pocket system of claim 1, wherein one or more of the first stitched edge and second stitched edge stitching extends beyond the pocket system to define a portion of garment structure (Seguin FIGS 5A-5B disclose 44 extending beyond the pocket 40A and 56 and 48 extending beyond the pocket 40A).
As to claim 8, Seguin discloses the pocket system according to claim 1, wherein one or more of the inner panel and outer panel is formed by a combination of more than one fabric panel (at least the outer layer is a woven material which is fabric and the outer layer may be lined with another material to result in a combination of more than one fabric panels; col 3 line 60-61 discloses “The outer layer is generally made of a woven aramid fiber and/or polybenzamidazole fibers;” col 6 line 3-4 discloses “outer layer 52 of pocket 40a is part of the outer surface of the overall jacket;” col 6 line 32-38 discloses “Furthermore, instead of the inner surface 54 of the pocket 40a being formed of pierce resistant material, it is possible that both the outer surface 52 and the inner surface 54 are formed of a non-pierce resistant. In such a case, one or both of the inner layer 54 or the outer layer 52 of the pocket 40a could be lined with a pierce resistant material in order to improve the safety of the jacket 10.”).
As to claim 10, Seguin discloses the pocket system according to claim 1, wherein the pocket structure has a shape and dimensions configured to receive a portion of one or more of a wallet, mobile device, or keyring (Seguin FIGS 5A-5B, capable of receiving a portion of one or more of a wallet, mobile device, or keyring, particularly if the “portion” is smaller than the pocket opening).
As to claim 16, Seguin discloses the pocket system according to claim 1, wherein the pocket opening is disposed on a lower portion of the pocket system (according to Applicant’s figures, the pocket opening is above the closed bottom edge and Seguin’s pocket opening is positioned in the same portion of the pocket system, so to the degree shown in Applicant’s figures, Seguin’s pocket opening is also disposed on a lower portion of the pocket system).
As to claim 17, Seguin discloses the pocket system according to claim 16, wherein the pocket opening is under tension forces configured to retain objects within the pocket system (Seguin’s flap 58 applies tension forces to the pocket opening when the fasteners 60 are engaged).
As to claim 18, Seguin discloses the pocket system according to claim 1, wherein the closed bonded edge is a bottom edge of the pocket system (Seguin FIGS 5A-5B).
As to claim 19, Seguin discloses the pocket system according to claim 18, wherein the shaped edge is shaped with at least one valley segment configured to receive objects (the portion of the pocket between Seguin 44 and 48 is a low point or valley and is capable of receiving objects).
As to claim 20, Seguin discloses a body covering garment (“Protective garment comprising at least one tapered pocket,” title) having:
a pocket structure the pocket structure being formed by a pocket opening (FIGS 5A-5B show pockets 40a and 40b have an opening 50), an inner and outer panel (52, 54) that are attached to each other to form a closed bonded edge (44) and a closed first side edge and a closed second side edge (46, 48; col 4 line 60-67 discloses “The interior chamber 56 is formed between an outer surface 52 and an inner surface 54. Each of the top edge 42, bottom edge 44, frontal side edge 46 and back side edge 48 is formed via a seam joining the outer surface 52 and inner surface 54 together.”);
wherein the closed bonded edge is formed by a bond affixing the inner and outer panel (44; col 4 line 60-67 discloses “Each of the top edge 42, bottom edge 44, frontal side edge 46 and back side edge 48 is formed via a seam joining the outer surface 52 and inner surface 54 together.”);
wherein the closed bonded edge connects to the first side edge of the pocket structure at a first angle and the closed bonded edge connects to the second side edge of the pocket structure at a second angle (FIGS 5A-5B);
wherein one of the first angle and the second angle is a first obtuse angle that is greater than 900 and less than 1800 (FIGS 5A-5B show the angle between 46 and 44 is obtuse) and another of the first angle and the second angle is a second obtuse angle that is greater than 900 and less than 1800 or an acute angle that is greater than 00 and less than 900 (FIGS 5A-5B show the angle between 48 and 44 is acute).
Seguin does not expressly disclose “wherein the first side edge and second side edge are defined by a first stitched edge and a second stitched edge.”
Seguin does disclose the edges are connected by a seam (col 4 line 60-67), but is silent as to how the seam is formed. FIGS 5A-5B show broken lines at the edges which are typically used to illustrate lines of sewing. One of ordinary skill would expect that the broken lines represent stitching at the seams.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to close the side edges by stitching and close the bottom edge by bonding for the purpose of providing known means of forming a pocket that would effectively close the edges to prevent objects from falling out while providing connections that would minimally interfere with the stretch of the fabric and that would be economical and easy to source.
Seguin does not disclose “wherein the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure.”
It is noted that FIGS 3-4 appear to show the closed bonded edge defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure, but it is not clear if FIGS 3-4 are showing an embodiment having a curved edge or if FIGS 3-4 are showing a condition where the edge is curved (e.g., the edge is curved around the body when worn). In either case, FIGS 3-4 demonstrate that the claimed feature is within the scope of the Seguin reference.
Huang teaches a similar pocket structure (12 in FIG 4) wherein the closed bonded edge (22 in FIG 4) defines a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure (FIG 4).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Seguin’s closed bonded edge to define a shaped edge with one or more curves that extend between the first side edge and second side edge of the pocket structure, in order to achieve the desired aesthetics and to fit the contours of the wearer’s body.
As to claim 21, Seguin as modified discloses the pocket system according to claim 1, wherein the closed bonded edge defines a shaped edge with two or more curves that extend between the first side edge and second side edge of the pocket structure (this is the result of the modification presented in the rejection of claim 1 above, see portion of Huang FIG 4 annotated below).
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As to claim 22, Seguin does not disclose the pocket system according to claim 1, wherein the first obtuse angle is equal to or greater than 1400 and less than 1800.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
As to claim 23, Seguin discloses the pocket system according to claim 1, wherein the another of the first angle and the second angle is the acute angle (Seguin FIG 5A shows the angle between 44 and 48 is acute).
As to claim 24, Seguin does not disclose the pocket system according to claim 23, wherein the acute angle is greater than 00 and equal to or less than 800.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
As to claim 27, Seguin discloses the pocket system according to claim 21, wherein the another of the first angle and the second angle is the acute angle (Seguin FIG 5A shows the angle between 44 and 48 is acute).
As to claim 28, Seguin does not disclose the pocket system according to claim 27, wherein the first obtuse angle is equal to or greater than and less than 1800 and the acute angle is greater than 00 and equal to or less than 800.
The prior art references are silent as to the degree of the angles.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide angles in the claimed range, in order to provide a garment having the desired shaping for aesthetics and fit.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seguin (US 8490219 B2) in view of Huang (US 20220248788 A1) as applied to claim 1 above, and further in view of Herbener (US 20160295933 A1).
As to claim 7, Seguin does not disclose the pocket system of claim 1, wherein the bond is formed using an adhesive glue, heat bonding, chemical bonding, ultrasonic bonding, or a combination thereof.
Seguin as modified in the rejection of claim 1 above discloses the bond is sewing. One of ordinary skill would recognize that sewing, adhesive glue, heat bonding, chemical bonding, ultrasonic bonding are all functional equivalents.
Herbener teaches a garment and pocket and the components are connected by sewing, gluing, or welding (para. 0022, 0024).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the bond as gluing/ adhesive glue or welding/ heat bonding for the purpose of providing a known means of connecting garment and pocket components.
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 SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732