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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on December 2, 2025 has been entered.
Response to Amendment
The amendments filed with the written response received on December 2, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 3, 7, and 9 have been amended. Accordingly, claims 1-13 are pending in this application, with an action on the merits to follow regarding claims 1-13.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the left and right sleeves having an upper zipper and a lower zipper, the upper and lower zippers each having a zipper end with an abutting member, the abutting member positioned between the upper and lower zippers (claim 1) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 recites, “a first upper zipper positioned on the left sleeve between the wrist opening and neck opening; a first lower zipper positioned on the left sleeve between the upper zipper and wrist opening; each upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the first upper and lower zipper” and “a second upper zipper positioned on the right sleeve between the wrist opening and neck opening; a second lower zipper positioned on the right sleeve between the second upper zipper and wrist opening; each second upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the second upper zipper and lower zipper”. See 35 USC 112(a) rejections below for further explanation.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 should recite, “a first upper zipper positioned on the left sleeve between the left wrist opening and the neck opening; a first lower zipper positioned on the left sleeve between the first upper zipper and the left wrist opening; each of the first upper zipper and the first lower zipper includes a zipper end, the zipper end is an abutting member on each of the first upper zipper and the first lower zipper, each abutting end is positioned between the first upper and the first lower zipper; a section of material configured to cover the first upper zipper and the first lower zipper to prevent contact with a wearer’s skin when the left zipper is closed; a second upper zipper positioned on the right sleeve between the right wrist opening and the neck opening; a second lower zipper positioned on the right sleeve between the second upper zipper and the right wrist opening; each of the second upper zipper and the second lower zipper includes a zipper end, the zipper end is an abutting member on each of the upper zipper and the second lower zipper, each abutting end is positioned between the second upper zipper and the second lower zipper; a section of material configured to cover the second upper zipper and the second lower zipper to prevent contact with the wearer’s skin when the second upper zipper and the second lower zipper is closed”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “abutting member” in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 (and claims 2-13 at least for depending from a rejected claim) is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites, , “a first upper zipper positioned on the left sleeve between the wrist opening and neck opening; a first lower zipper positioned on the left sleeve between the upper zipper and wrist opening; each upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the first upper and lower zipper” and “a second upper zipper positioned on the right sleeve between the wrist opening and neck opening; a second lower zipper positioned on the right sleeve between the second upper zipper and wrist opening; each second upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the second upper zipper and lower zipper”. Based on the 35 USC 112(b) rejections below, Examiner’s best understanding of these limitations is that Applicant is attempting to claim that each sleeve has an upper zipper and a lower zipper, each upper and lower zipper having a zipper end, and an abutting member on each upper and lower zipper positioned between the upper and lower zippers. However, this has not been disclosed in the specification as originally filed. Regarding the left sleeve, para. 0033 recites, “In one embodiment the left IV opening 201 includes a left zipper closure 201a. The left zipper closure 201a includes at least one zipper tab 201b. In one embodiment the left zipper closure 201a includes at least one zipper stop 201c. In one embodiment there is a zipper stop 201c located at both ends of the left zipper closure 201a.” Similarly, for the right sleeve, para. 0036 recites, “In one embodiment the right IV opening 202 includes a right zipper closure 202a. The right zipper closure 202a includes at least one zipper tab 202b. In one embodiment the right zipper closure 202a includes at least one zipper stop 202c. In one embodiment there is a zipper stop 202c located at both ends of the right zipper closure 202a.” As such, there is only one zipper on each sleeve which has zipper stops at each end of the zipper. Further, as shown in the drawings, the sleeves are shown as each having one zipper that is a two way zipper that can be opened from the middle, i.e. it has two sliders with pull tabs, and has two zipper stops at the opposing ends of the zipper. Fig. 2, in particular, shows the zipper on the right sleeve in an open position and it can be seen that the zipper teeth are continuous from the top to the bottom with no stops other than at the ends of the single zipper. There is no suggestion that there is an upper and lower zipper on each sleeve. Further, “abutting member” has been interpreted under 35 USC 112(f), but there is no disclosure as to what the abutting member is. The term “abut” does not appear in the specification and it is unknown what “abutting member” can be referring to. Therefore these limitations fail to comply with the requirement for written description.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1 (and claims 2-13 at least for depending from a rejected claim) is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim limitation “abutting member” in claim 1 has been evaluated under the three-prong test set forth in MPEP § 2181, subsection I, but the result is inconclusive. Thus, it is unclear whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because “abutting member” can be interpreted as a member for abutting thereby coupling the function language “for abutting” with the generic placeholder “member”. Therefore, it is ambiguous whether abutting conveys a structure of a function. Further, the claim specifically recites, “the zipper end is an abutting member on each upper and lower zipper” and it is unclear if this limitation is further defining the zipper end indicating that it abuts something (although there is no limitation as to what it abuts) or if the zipper end comprises a structure that is an abutting member. Therefore it is ambiguous whether “abutting member” simply describes a function of an already claimed structure of if “abutting member” is a structure itself. Further, as the specification does not disclose an “abutting member” or use the term “abut” it is unclear as to the structure of the abutting member, if the member is abutting something, of if the member is used for abutting something. The boundaries of this claim limitation are ambiguous; therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
In response to this rejection, applicant must clarify whether this limitation should be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. Mere assertion regarding applicant’s intent to invoke or not invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph is insufficient. Applicant may:
(a) Amend the claim to clearly invoke 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by reciting “means” or a generic placeholder for means, or by reciting “step.” The “means,” generic placeholder, or “step” must be modified by functional language, and must not be modified by sufficient structure, material, or acts for performing the claimed function;
(b) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, should apply because the claim limitation recites a function to be performed and does not recite sufficient structure, material, or acts to perform that function;
(c) Amend the claim to clearly avoid invoking 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, by deleting the function or by reciting sufficient structure, material or acts to perform the recited function; or
(d) Present a sufficient showing that 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, does not apply because the limitation does not recite a function or does recite a function along with sufficient structure, material or acts to perform that function.
Claim 1 is indefinite as it recites, “a first upper zipper positioned on the left sleeve between the wrist opening and neck opening; a first lower zipper positioned on the left sleeve between the upper zipper and wrist opening; each upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the first upper and lower zipper, a section of material configured to cover the upper zipper and lower zipper to prevent contact with a wearer’s skin when the left zipper is closed; a second upper zipper positioned on the right sleeve between the wrist opening and neck opening; a second lower zipper positioned on the right sleeve between the second upper zipper and wrist opening; each second upper zipper and lower zipper includes a zipper end, the zipper end is an abutting member on each upper zipper and lower zipper, each abutting end is positioned between the second upper zipper and lower zipper; a section of material configured to cover the second upper zipper and lower zipper to prevent contact with the wearer’s skin when the second upper zipper and lower zipper is closed”. First, as the neither the specification not the drawings discloses two zippers on each sleeve, it is unclear what is meant by upper zipper and lower zipper. Further, it is unclear what part of each of the upper and lower zipper is the zipper end and the only ends disclosed in the specification are at zipper stops 201c and 202c (paras. 0033 and 0036) at the two opposing ends of zippers 201a and 202a. As the claim goes on to recite, “the zipper end is an abutting member on each upper zipper and lower zipper”, it is unclear what the abutting member is (see above) and what it abuts or is for abutting. Is it referring to the zipper stops, the zipper tabs, or to another structure? The claim further recites, “each abutting end is positioned between the first/second upper and lower zipper” and it is unclear what the abutting end is referring to as it was not previously claimed but could be referring to the zipper end or the abutting member or to an additional structure and if it is referring to the zipper end or the abutting member, which are claimed as being a part of the upper and lower zippers, it is unclear how the abutting end can then be between the upper and lower zippers. Finally, as “the left zipper” lacks antecedent basis in the claim, it is unclear what zipper is being referring to. Based on the specification, Examiner has interpreted the limitation to mean:
“a first upper zipper portion positioned on the left sleeve between the left wrist opening and the neck opening;
a first lower zipper portion positioned on the left sleeve between the first upper zipper portion and the left wrist opening;
each of the first upper zipper portion and the first lower zipper portion includes a zipper end comprising a zipper stop, and a zipper slider, wherein the zipper slider of the first upper zipper portion and the zipper slider of the first lower zipper portion are positioned between the zipper end of the first upper zipper portion and the zipper end of the first lower zipper portion,
a section of material configured to cover the first upper zipper portion and the first lower zipper portion to prevent contact with a wearer’s skin when the first upper zipper portion and first lower zipper portion [[is]] are closed;”
and
“a second upper zipper portion positioned on the right sleeve between the right wrist opening and the neck opening;
a second lower zipper portion positioned on the right sleeve between the second upper zipper portion and the right wrist opening;
each of the second upper zipper portion and the second lower zipper portion includes a zipper end comprising a zipper stop, and a zipper slider, wherein the zipper slider of the second upper zipper portion and the zipper slider of the second lower zipper portion are positioned between the zipper end of the second upper zipper portion and the zipper end of the second lower zipper portion,
a section of material configured to cover the second upper zipper portion and the second lower zipper portion to prevent contact with the wearer’s skin when the second upper zipper portion and the second lower zipper portion [[is]] are closed”.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Deyeek (https://www.amazon.com/Deyeek-Dialysis-Sweatshirts-Lightweight-Hemodialysis/dp/B0C7794GP8/ref=sr_1_3_sspa?crid=2CI2HQ0V2T2ZZ&dib=eyJ2IjoiMSJ9.vqMi90aSvjy6QWY4g0XacRk-EvKJ84ZgsvyaclBhw8i1MVyN4iXc3bxGiaqRsO4dhPyO-Grw4euo3H2vHa-2U2ALMvTa7KY2ybZ1_fHXfYvo-Eon-CXtn5m4vmNAxWzYoYhAaU71w1kG8T9GDWcaaGl4rSTLRHtFM2atI1Pia0IUt78aMTl16iWSBFRr1Jf94zeEjkT8-XbejKgD1ApDunlIFQJi11cKDXCKKNvmEtvNoY7IQy1cZVTsZkqEIKrzFmGvkwvhdgAUMi4HTAuRb8rBLfkN69ZAWvN-83zq2wA.-iHDmMyJjK1GjXZbtgTElt8zKfoy96flK-f3iwQqLVQ&dib_tag=se&keywords=dayeek+dialysis+sweatshirt&qid=1739982303&sprefix=dayeek+dialysis%2Caps%2C115&sr=8-3-spons&sp_csd=d2lkZ2V0TmFtZT1zcF9hdGY&psc=1) in view of Ladaev (US 2016/0345647).
Examiner notes that rejections below are based on Examiner’s best understanding of the invention based on the specification as originally filed.
Regarding claim 1, Deyeek discloses a clothing article (see annotated figure) having specialized openings (arm and front openings), the clothing article comprising: a chest section (see annotate figure) secured to a back section (shown in other figures); a neck opening located at a top side of the chest section and the back section (as can be seen in the annotated figure); a left sleeve secured to the chest section and the back section, wherein the left sleeve extends away from the chest section terminating in a left wrist opening; a first upper zipper portion positioned on the left sleeve between the left wrist opening and the neck opening; a first lower zipper portion positioned on the left sleeve between the first upper zipper portion and the left wrist opening (see annotated figure as well as figures under the product description showing an opening with upper and lower zipper portions and note that the right and left sleeves have the same zipper assembly, therefore the structures may only be pointed out on one sleeve, but would be the same on the other sleeve); each of the first upper zipper portion and the first lower zipper portion includes a zipper end comprising a zipper stop (as the zipper does not extend entirely through the sleeve and has two unopenable ends, then stops are provided either by zipper stops or at least by the material of the sleeve becomes a zipper stop preventing further unzipping, see https://en.wikipedia.org/wiki/Zipper), a section of material configured to cover the first upper zipper portion and the first lower zipper portion to prevent contact with a wearer’s skin when the first upper zipper portion and first lower zipper portion [[is]] are closed (as shown on the right sleeve in the annotated figure but can also be seen on each sleeve in the figures under the product description, therefore the same on the left sleeve, there is a piece of material under the zipper portions that prevents the back side of the zipper portions from contacting the skin); a right sleeve secured to the chest section and the back second, wherein the right sleeve extends away from the chest section terminating in a right wrist opening (see annotated figure); a second upper zipper portion positioned on the right sleeve between the right wrist opening and the neck opening; a second lower zipper portion positioned on the right sleeve between the second upper zipper portion and the right wrist opening (see annotated figure as well as figures under the product description showing an opening with upper and lower zipper portions and note that the right and left sleeves have the same zipper assembly, therefore the structures may only be pointed out on one sleeve, but would be the same on the other sleeve);
each of the second upper zipper portion and the second lower zipper portion includes a zipper end comprising a zipper stop (as the zipper does not extend entirely through the sleeve and has two unopenable ends, then stops are provided either by zipper stops or at least by the material of the sleeve becomes a zipper stop preventing further unzipping, see https://en.wikipedia.org/wiki/Zipper), a section of material configured to cover the second upper zipper portion and the second lower zipper portion to prevent contact with the wearer’s skin when the second upper zipper portion and the second lower zipper portion [[is]] are closed (as shown on the right sleeve in the annotated figure but can also be seen on each sleeve in the figures under the product description, therefore the same on the left sleeve, there is a piece of material under the zipper portions that prevents the back side of the zipper portions from contacting the skin).
Dayeek discloses a single zipper slider on each sleeve, but does not expressly disclose wherein the first upper zipper portion and the first lower zipper portion each comprises a zipper slider, wherein the zipper slider of the first upper zipper portion and the zipper slider of the first lower zipper portion are positioned between the zipper end of the first upper zipper portion and the zipper end of the first lower zipper portion, a zipper slider, wherein the zipper slider of the second upper zipper portion and the zipper slider of the second lower zipper portion are positioned between the zipper end of the second upper zipper portion and the zipper end of the second lower zipper portion,
Ladaev teaches a garment with zippers (100B at 202 in Figs. 1B and 3A) on each of the right and left sleeves (20, see Fig. 3A for example) wherein the first upper zipper portion and the first lower zipper portion each comprises a zipper slider, wherein the zipper slider of the first upper zipper portion and the zipper slider of the first lower zipper portion are positioned between the zipper end of the first upper zipper portion and the zipper end of the first lower zipper portion, and the second lower zipper portion each comprises a zipper slider, wherein the zipper slider of the second upper zipper portion and the zipper slider of the second lower zipper portion are positioned between the zipper end of the second upper zipper portion and the zipper end of the second lower zipper portion,
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the upper and lower zipper portions of Dayeek to be two way zippers with each portion having a zipper slider, as taught by Ladaev in order to allow only a selective portion anywhere along the length of the zipper to be open at a given time, thereby keeping a maximum portion of the sleeve closed when administering IV drugs at any location along the arm and thus keeping the wearer warm and preventing the wearer from feeling any potential drafts.
Examiner notes that italicized limitations in the prior art rejections are functional and do not positively recite a structural limitation, but instead require an ability to so perform and/or function. As the prior art discloses the structure of the article, there would be a reasonable expectation for the article to perform such functions, as Examiner has explained after each functional limitation.
Regarding claim 2, the modified article of Deyeek discloses further comprising a hood attached around a back side of the neck opening (see annotated figure).
Regarding claim 3, the modified article of Deyeek discloses further comprising a middle chest opening located along the middle of the chest section, wherein the middle chest opening goes from the neck opening to a bottom of the clothing article (as seen in the annotated figure, there is a middle chest opening provided by a zipper that extends from the neck opening to the bottom).
Regarding claim 4, the modified article of Deyeek discloses further comprising a zipper closure operably secured to the middle chest opening (see annotated figure).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Deyeek and Ladaev, as applied to claim 1 above, and further in view of Mayerson (US 2008/0196140).
Regarding claim 5, the modified article of Deyeek discloses all the limitations of claims but does not expressly disclose further comprising a left thumb hole located adjacent to the left wrist opening of the left sleeve; a right thumb hole located adjacent to the right wrist opening of the right sleeve.
Mayerson teaches a hoodie garment comprising a left thumb hole (22) located adjacent to the left wrist opening (end of 19) of the left sleeve (18); a right thumb hole (20) located adjacent to the right wrist opening (end of 17) of the right sleeve (16).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add thumbholes to the sleeves of the modified article of Deyeek as taught by Mayerson in order “to allow the user to slide their thumbs therethrough so that the cuffs cover the user's wrists during cold weather outdoor activities” (see Abstract of Mayerson).
Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Deyeek and Ladaev, as applied to claim 1 above, and further in view of Pierce (US 11019860).
Regarding claims 6-7, the modified article of Deyeek discloses all the limitations of claim 1 above, but does not expressly disclose further comprising a left port opening located in an upper left side of the chest area of the clothing article; a left port closure flap configured to operably close the left port opening [claim 6]; and wherein the left port opening is comprised of a hook and loop fastener, wherein a first part of the hook and loop fastener is secured to the chest portion of the clothing article and a corresponding second part is secured to the left port closure flap [claim 7].
Pierce teaches a garment for easily accessing the body of the patient comprising a left port opening (48) located in an upper left side of the chest area of the clothing article (see Fig. 1); a left port closure flap (36) configured to operably close the left port opening (via 58/60); and wherein the left port opening is comprised of a hook and loop fastener (58/60, see col. 1 lines 1-14), wherein a first part (58) of the hook and loop fastener is secured to the chest portion of the clothing article (as shown in Fig. 2) and a corresponding second part (60) is secured to the left port closure flap (as shown in Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add right and left chest port openings with closures to the modified article of Deyeek, as taught by Pierce, in order “to provide for use by a care giver when administering to a patient” in an area where a port is often located while continuing to respect the modesty of the patient.
Regarding claims 8-9, the modified article of Deyeek discloses all the limitations of claim 1 above, but does not expressly disclose further comprising a right port opening located in an upper right side of the chest area of the clothing article; a right port closure flap configured to operably close the right port opening [claim 8]; and wherein the right port opening is comprised of a hook and loop fastener, wherein a first part of the hook and loop fastener is secured to the chest portion of the clothing article and a corresponding second part is secured to the right port closure flap [claim 9].
Pierce teaches a garment for easily accessing the body of the patient comprising a right port opening (48) located in an upper right side of the chest area of the clothing article (see Fig. 1); a right port closure flap (36) configured to operably close the right port opening (via 58/60); and wherein the right port opening is comprised of a hook and loop fastener (58/60, see col. 1 lines 1-14), wherein a first part (58) of the hook and loop fastener is secured to the chest portion of the clothing article (as shown in Fig. 2) and a corresponding second part (60) is secured to the right port closure flap (as shown in Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add right and left chest port openings with closures to the modified article of Deyeek, as taught by Pierce, in order “to provide for use by a care giver when administering to a patient” in an area where a port is often located while continuing to respect the modesty of the patient.
Claim(s) 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Deyeek and Ladaev, as applied to claim 1 above, and further in view of Thomas (US 2019/0364992).
Regarding claims 10-11, the modified article of Deyeek discloses all the limitations of claim 1 above but does not expressly disclose further comprising a left chest port opening; the left chest port opening comprising: a left zipper portion having at least one zipper tab secured thereto; a zipper tab stop located at each end of the left zipper portion [claim 10]; and wherein the left chest port opening starts at a left shoulder area of the clothing article and runs along the left chest to a stomach area of the clothing article [claim 11].
Thomas teaches easy access apparel including upper body garments such as a hoodie comprising a left chest port opening (2f); the left chest port opening comprising: a left zipper portion (3, see Fig. 2A) having at least one zipper tab (3-iii) secured thereto (as shown in Fig. 2A); a zipper tab stop located at each end of the left zipper portion (as the zipper does not extend entirely through the sleeve and has two unopenable ends, then stops are provided either by zipper stops or at least by the material of the sleeve preventing further unzipping); and wherein the left chest port opening starts at a left shoulder area of the clothing article and runs along the left chest to a stomach area of the clothing article (as seen in at least Fig. 4A; note “the length of opening 2 can be any suitable length”, see para. 0117).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a closable chest port opening to the modified article of Deyeek, as taught by Thomas, in order “to facilitate accessibility to a percutaneous access site on the body of a subject” in a garment that “is everyday wear effective to increase the physical, environmental, and emotional comfort of the subject” (see para. 0018 of Thomas).
Regarding claims 12-13, the modified article of Deyeek discloses all the limitations of claim 1 above but does not expressly disclose further comprising a right chest port opening; the right chest port opening comprising: a right zipper portion having at least one zipper tab secured thereto; a zipper tab stop located at each end of the right zipper portion [claim 12]; and wherein the right chest port opening starts at a right shoulder area of the clothing article and runs along the right chest to a stomach area of the clothing article [claim 13].
Thomas teaches easy access apparel including upper body garments such as a hoodie comprising a right chest port opening (2f, as each opening “2” can be on the left or right , see para. 0121; or as the garment could be worn in reverse); the right chest port opening comprising: a right zipper portion (3, see Fig. 2A) having at least one zipper tab (3-iii) secured thereto (as shown in Fig. 2A); a zipper tab stop located at each end of the right zipper portion (as the zipper does not extend entirely through the sleeve and has two unopenable ends, then stops are provided either by zipper stops or at least by the material of the sleeve preventing further unzipping); and wherein the right chest port opening starts at a right shoulder area of the clothing article and runs along the right chest to a stomach area of the clothing article (as seen in at least Fig. 4A; note “the length of opening 2 can be any suitable length”, see para. 0117).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add a closable chest port opening to the modified article of Deyeek, as taught by Thomas, in order “to facilitate accessibility to a percutaneous access site on the body of a subject” in a garment that “is everyday wear effective to increase the physical, environmental, and emotional comfort of the subject” (see para. 0018 of Thomas).
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Response to Arguments
Applicant’s arguments, filed December 2, 2025, with respect to the previous 35 USC 112(a) and (b) and 35 USC 103 rejections of claims 1-13 have been considered but are moot because the arguments do not apply to the current grounds of rejection. In view of Applicant’s amendment, the search has been updated, and new prior art has been identified and applied. Applicant’s arguments, which appear to be drawn only to the newly amended limitations and previously presented rejections, have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732