DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 112
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 4 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 4, recites the limitation “wherein the first and second support portions comprise a material which is heavier than a material of the body portion”, renders the claimed indefinite because it is unclear whether the material of a whole structure of the first and second support portions is heavier than the material of a whole structure of the body portion? As best understood the claimed is interpreted to mean that “the body portion having a larger structure than the structure of the first and second support portions”.
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 pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-3 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mayr (2004/0194187).
Regarding claims 1, Mayr discloses a bath cover (fig.1) for protection a human body when is interacted with water and high wind. But, Mayr does not disclose a functional limitation such as for use on a child during a bathing process. However, in par [0001-006] of Mayr further discloses the garment is configured to provide of huma when is going to the beach or chill weather or interacted with swimming or sunbathing. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide for using on a child during a bathing process or as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art.
Furthermore, However, Mayr does not disclose an absorbent body portion made of a machine-washable and reusable material. But Mayr further discloses that par [0001, 0016] the garment is made of textile material; wherein the textile cut, consisting of elastic material that is stretchable and does not fray, in a way that it can be just cut out or stamped out without having to use seams and hems. The shape of its pattern can be regarded as being subdivided into a central, roughly rectangular main part 2, two upper shoulder extensions 3, which lie on the shoulders of the wearer, and two extensions in the lower area of the garment, which are in the area of the hips 4 of the wearer. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide an absorbent body portion made of a machine-washable and reusable material, such medication would be considered
a mere design choice involves routine skill in the art for the intended use.
Furthermore, Mayr discloses the absorbent body portion having first end with a contour corresponding to a neck of the child, the body portion being absorbent through a thickness thereof (fig.1 shows the garment having an upper portion at 3 having an opening with a contour shape is corresponding to a neck of the child); a first and a second support portions (extending portions 3) extending outwardly at the first end of the body portion and positionable over shoulders of the child, and the first support portion comprises a first free end and the second support portion comprises a second free end (see the annotated fig.1’ below);
a pair of side portions (at 4, fig.1) supported at opposite lateral sides of the body portion and positionable over sides of a torso of the child; a narrowed portion (at 7) disposed between the pair of side portions and the first and second support portions; and a gonadic portion (see the annotated fig.1’ below) supported at a second end of the body portion opposite the first end to cover a gonadic portion of the child when the bath cover is worn; wherein the pair of side portions is disposed along the body portion between the narrowed portion and the gonadic portion (see the annotated fig.1’ below). But Mayr does not explicitly disclose a functional limitation such as the body portion, the side portions, and the gonadic portion are configured to be wetted with a quantity of bath water and positioned in direct contact with a skin of the child to warm the child during the bathing process. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the garment of Mayr is configured to perform as the claimed invention, since the functional limitation does not positively recite a structural limitation, but instead required an ability to so perform and/or function.
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Regarding claims 2-3, Mayr discloses the bath cover of claim 1, wherein the body portion, the first and second support portions, and the gonadic portion are integrally formed to provide a unitary bath cover (fig.1);
further comprising a fastener (5/6) for coupling the bath cover to at least one of a bath tub and a bath tub support device during the bathing process, the fastener is disposed on at least one of the second end of the body portion or a first side portion of the pair of side portions, and the fastener comprises at least one of a snap or a hook and loop fastener (par [0020]).
Claim 16 is rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Mayr (2004/0194187) in view of Mohney (2003/0014801).
Regarding claim 16, Mayr discloses (the garment is made of textile material is soft, elastic and stretchable, par [0001, 0025]). But Mayr does not disclose wherein the absorbent body portion is made of a chenille material, a flannel material, and/or a terry cloth material. However, Mohney teaches another similar garment fig.1 having a body structure 1 having a periphery edge and is made by terry cloth material (par [0033]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide the terry cloth material for the Mayr as taught by Mohney in order to project the human body of wearer.
Claim 1-15, 21-23 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Tomczak (4525875-hereinafter, Tom).
Regarding claims 1, Tom discloses a bath cover (fig.1) for protection a human body when is interacted with water and high wind. But Tom does not disclose a functional limitation such as for use on a child during a bathing process. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that garment article is configured to us on a child during a bathing process or as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art and as the intended used.
Furthermore, Tom does not disclose an absorbent body portion made of a machine-washable and reusable material. However, the garment is made of textile material or fabric material (col.3, lines 21-33) that the garment having a front 21 and back 23 panels made of flexible nylon or vinyl material and the padding material 15 disclosed between the front and back panels. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide an absorbent body portion made of a machine-washable and reusable material, such medication would be considered a mere design choice involves routine skill in the art for the intended use. In this case, the flexible nylon and vinyl material and the padding materials are configured to be machine-washable and reusable material.
Furthermore, Tom discloses the absorbent body portion having first end (at 7, fig.1-2) with a contour corresponding to a neck of the child, the body portion being absorbent through a thickness thereof (fig.3); a first and a second support portions (3, 5) extending outwardly at the first end of the body portion and positionable over shoulders of the child, and the first support portion comprises a first free end and the second support portion comprises a second free end (fig.1); a pair of side portions (at 29) supported at opposite lateral sides of the body portion and positionable over sides of a torso of the child; a narrowed portion (at 1 of fig.2) disposed between the pair of side portions and the first and second support portions; and a gonadic portion (at 9) supported at a second end of the body portion opposite the first end to cover a gonadic portion of the child when the bath cover is worn; wherein the pair of side portions is disposed along the body portion between the narrowed portion and the gonadic portion (fig.1). But Tom does not explicitly disclose a functional limitation such as the body portion, the side portions, and the gonadic portion are configured to be wetted with a quantity of bath water and positioned in direct contact with a skin of the child to warm the child during the bathing process. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the garment of Tom is configured to perform as the claimed invention, since the functional limitation does not positively recite a structural limitation, but instead required an ability to so perform and/or function.
Regarding claim 22, Tom discloses a bath cover (fig.1) for use on a child during a bathing process (see the rejection of claim 1 above), the bath cover comprising: an absorbent body portion made of a machine-washable and reusable material (see the rejection of claim 1 above), the absorbent body portion having a first end (at 7) with a contour corresponding to a neck of the child, the body portion being absorbent through a thickness thereof (fig.5); first and second support portions (at 3) extending outwardly at the first end of the body portion and positionable over shoulders of the child (fig.1), the first support portion comprising a first free end (at 3), the second support portion comprising a second free end (5), and the first and second support portions each comprising a friction generating feature including a rubber projection (col.3, lines 21-33; shows the garment body having a plurality of vertical and horizonal grooves are provide flexibility of the garment); a pair of side portions (at 29) supported at opposite lateral sides of the body portion and positionable over sides of a torso of the child; a narrowed portion (at 5, fig.3) disposed between the pair of side portions and the first and second support portions; and a gonadic portion (at 9, fig.1) supported at a second end (at around 9) of the body portion to cover a gonadic portion of the child when the bath cover is worn; wherein the body portion, the side portions, and the gonadic portion are configured to be wetted with a quantity of bath water and positioned in direct contact with a skin of the child to warm the child during the bathing process (see the rejection of claim 1 above).
Regarding claim 23, Tom discloses a bath cover (fig.1); for use on a child during a bathing process (see the rejection of claim 1 above), the bath cover comprising: an absorbent body portion (garment of fig.1 having a body structure) made of a machine-washable and reusable material (see the rejection of claim 1 above), the absorbent body portion having a first end (at 1, fig.1) with a contour corresponding to a neck of the child, the body portion being absorbent through a thickness thereof (fig.5), and the absorbent body portion including a first panel (21), a second panel (23) overlaying the first panel (col.3, lines 9-33), and a binding disposed around a perimeter (25) of the first panel and the second panel; first and second support portions (at 3, 5) extending outwardly at the first end of the body portion and positionable over shoulders of the child, the first support portion comprising a first free end (at 3), and the second support portion comprising a second free end (at 5); a pair of side portions supported at opposite lateral sides of the body portion and positionable over sides of a torso of the child (fig.1); a narrowed portion (at portion 1 of fig.2) disposed between the pair of side portions and the first and second support portions; and a gonadic portion supported at a second end of the body portion to cover a gonadic portion (at 9) of the child when the bath cover is worn; wherein the body portion, the side portions, and the gonadic portion are configured to be wetted with a quantity of bath water and positioned in direct contact with a skin of the child to warm the child during the bathing process (see the rejection of claim 1 above).
Regarding claims 2-3, Tom discloses the bath cover of claim 1, wherein the body portion, the first and second support portions, and the gonadic portion are integrally formed to provide a unitary bath cover (fig.1); further comprising a fastener (29). Tom does not disclose a functional limitation such as for coupling the bath cover to at least one of a bath tub and a bath tub support device during the bathing process, the fastener is disposed on at least one of the second end of the body portion or a first side portion of the pair of side portions, and the fastener comprises at least one of a snap or a hook and loop fastener. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize the garment of Tom is configured to perform as the claimed invention since the functional limitation does not positively recite a structural limitation, but instead required an ability to so perform and/or function.
Regarding claim 4, Tom discloses wherein the body portion having a larger structure than the structure of the first and second support portions (fig.1, 5).
Regarding claim 5, Tom discloses wherein the first and second support portions are made of a first material (an edge binding 25 of nylon or vinyl is sewn to the periphery of the chest protect, col.3, lines 25-27) and the body portion is made of a second material that is different from the first material (the body portion including sternum plates 33 are made of a high density polyethylene plastic).
Regarding claim 6, Tom discloses wherein the first and second support portions comprise a friction generating feature including a rubber projection (col.3, lines 25-27 and the structure of element 25 structure protruding outward from grooves surface).
Regarding claims 7-15, Tom discloses wherein the first and second free ends extend outwardly (fig.1), with respect to a longitudinal axis of the body portion, from the upper first end; and the side portions comprise opposing convex portions extending outwardly, with respect to the longitudinal axis of the body portion, from the body portion (fig.1-2); wherein the gonadic portion has a peripheral edge (25) that is positionable between inner legs of the child, the profile of the peripheral edge is different from that of the contour of the first end (fig.1-2); wherein a first width of the bath cover at the pair of side portions is greater than a second width of the bath cover at the first and second support portions, the second width is measured from a first lateral side of the bath cover to an opposing, second lateral side of the bath cover at the first and second support portions (fig.1-2); further comprising a binding disposed around a perimeter of the absorbent body (col.3, lines 21-33); wherein the absorbent body portion includes a first panel (21), a second panel (23) overlaying the first panel, and a binding (at 25) disposed around a perimeter of the first panel and the second panel (fig.1); wherein, when placed upon the child during the bathing process, the absorbent body portion includes a front surface configured only to face away from the child and a rear surface configured only to be placed against a skin of the child (fig.1 is configured to perform as the claimed invention); further comprising two additional members disposed on the front surface of the absorbent body portion that form eyes; wherein the first and second support portions diverge (fig.1); wherein the first free end is configured to rest on a first shoulder of the child during the bathing process and the second free end is configured to rest on a second shoulder of the child during the bathing process (fig.1).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-16, 21-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alissa Tompkins can be reached at 571-272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732
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