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 .
Election/Restrictions
Applicant’s election without traverse of Species B, Sub-species B1 (includes Figs. 1-3, 7A-7C, and 8) in the reply filed on September 2, 2025 is acknowledged.
Claim 7 is withdrawn, by Applicant, and claims 12-19 are withdrawn, by Examiner from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claim 12 recites, “a plurality of inflatable cushions embedded in a fabric of a back section of the body” which is specific to the embodiment covered by Figs. 4-6 (see p. 4, line 29 to p. 5, line 7) as the inflatable cushions of Figs. 7A-C and 8 are connected to the garment by an additional layer. Therefore claim 12 and its dependents are not drawn to the elected embodiment and therefore withdrawn from examination.
Accordingly, claims 1-19 are pending in this application, with an action on the merits to follow regarding claims 1-6 and 8-11.
Claim Objections
Claim 2 is objected to because of the following informalities: Claim 2 recites the limitation "the head" in line 2. There is insufficient antecedent basis for this limitation in the claim. Appropriate correction is required.
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.
Claims 1 and 8-11 (and claims 2-6 at least for depending from a rejected claim) are 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 1 is indefinite as it recites, “one or more inflatable cushions internally placed in the back section, wherein the inflatable cushions are configured to be inflated by fluid”. As the claim first recites, “one or more inflatable cushions” and later recites “the inflatable cushions”, it is unclear how many cushions are required to meet the claim limitations. Examiner respectfully suggests amending to recite, “one or more inflatable cushions internally placed in the back section, wherein the one or more inflatable cushions are configured to be inflated by fluid”.
Claim 8 is indefinite as it recites, “further comprising one or more additional inner layers attached to an inner side of a fabric of the back section, and configured to cover and hold the inflatable cushions at the inner side of the fabric of the back section”. As claim 1 recites, “one or more inflatable cushions”, it is unclear how many cushions are required to meet the limitations of claim 8. Further, it is unclear if each cushions has one or more additional layers or if the limitation means that each cushion has one layer so that when there is more than one cushion that there is a collective plurality of layers.
Claim 9 is indefinite as it recites, “the additional inner layers are detachably attached to the inner side of the fabric of the back section.” As claim 8 recites, “one or more additional layers”, it is unclear if more than one additional layer is now required.
Claim 10 is indefinite as it recites, “wherein the one or more tubes comprise: one or more internal tubes connecting the inflatable cushions to one another”. As claim 1 recites, “one or more inflatable cushions”, it is unclear how many cushions are required to meet the limitations of claim 10, and if there is only one cushion, it is unclear what the tube would be connecting it to.
Claim 11 is indefinite as it recites, “a valve configured to open or close a passage of the fluid to the inflatable cushions.” As claim 1 recites, “one or more inflatable cushions”, it is unclear how many cushions are required to meet the limitations of claim 11.
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 and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cowle (WO 2011/047417) in view of Turner (US 2017/0340472).
Regarding claim 1, Cowle discloses a garment (1), comprising: a torso section (2) comprising a front section (see Fig. 1) and a back section (see Fig. 2), wherein the front section is configured to substantially cover a chest region and an abdominal region of a wearer and the back section is configured to substantially cover a back region of the wearer (as can be seen in Figs. 1-2); one or more inflatable cushions (14) in the back section (see Fig. 2), wherein the inflatable cushions are configured to be inflated by fluid (either air or compressed gas, see p. 9, lines 5-14); and one or more tubes (inflation tube 31) internally placed in the back section and connected to the one or more inflatable cushions (as disclosed on p. 9, lines 5-14, the tube is internally connected through the lining inflatable cushions 13 and 14, and therefore at least a portion of 31 is internally placed in the back section).
Cowle does not expressly disclose wherein the one or more inflatable cushions are internally placed.
Turner teaches a garment with inflatable air bladders wherein the one or more inflatable cushions (102) are internally placed (via pocket 104 created by attaching panel 104a to an interior side of material of 100, see Fig. 3 and paras. 0047-0048).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to place the one or more inflatable cushions of the garment of Cowle internally in a pocket as taught by Turner in order to keep the one or more inflatable cushions “in a relatively fixed position” (see para. 0047 of Cowle) and “thereby leaving the exterior of the garment relatively unaltered in a visual sense” (see Abstract of Turner).
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 garment, there would be a reasonable expectation for the structures to perform such functions, as Examiner has explained after each functional limitation.
Regarding claim 2, the modified garment of Cowle discloses wherein the garment further comprises a hood (3) extending upward from the torso section (2) and configured to substantially cover the head of the wearer (as understood from Figs. 1-2).
Regarding claim 3, the modified garment of Cowle discloses wherein the garment further comprises sleeve sections (4 and 5) that are configured to substantially cover arms of the wearer (as understood from Figs. 1-2).
Regarding claim 4, the modified garment of Cowle discloses wherein the fluid comprises air (as understood from p. 9, lines 5-14 where the fluid can be air as blown through the tube by the wearer).
Regarding claim 8, the modified garment of Cowle discloses further comprising one or more additional inner layers (such as fabric 104a of Turner as Cowle was modified by Turner to place the one or more inflatable cushions internally by attaching via a layer 104a of Turner) attached to an inner side of a fabric of the back section (as seen in Fig. 3 of Turner), and configured to cover and hold the inflatable cushions at the inner side of the fabric of the back section (as seen in Fig. 3 of Turner).
Regarding claim 9, the modified garment of Cowle discloses the additional inner layers (104a of Turner) are detachably attached to the inner side of the fabric of the back section (as disclosed in para. 0048 of Turner, the layer 104a can be attached by stitching to the interior side, and as stitching is removable, the inner layer is detachably attached).
Regarding claim 10, the modified garment of Cowle discloses wherein the one or more tubes comprise: and at least one coupling tube (as the tube 31 is a coupling tube) configured to be coupled to an external device to inflate or deflate the one or more inflatable cushions (as 31 couples to the mouth of the user to blow air into the cushions, see p. 9, lines 5-14), but as best as the limitation can be understood due to the 35 USC 112(b), does not expressly disclose wherein the one or more tubes comprise: one or more internal tubes connecting the inflatable cushions to one another.
Turner teaches a garment with inflatable air bladders wherein the one or more tubes comprise: one or more internal tubes (906a-f) connecting the inflatable cushions to one another (as seen in Fig. 13, each of the cushions 902a-d and b’-d’ are connected together via 906).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to connect the inflatable cushions of the modified garment of Cowle together by tubes as taught by Turner so that each of the inflatable cushions can be inflated simultaneously thereby saving time an annoyance.
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Cowle and Turner, as applied to claim 11 above, and further in view of Bruce (US 2005/0278823, hereafter “Bruce 823”).
Regarding claims 5-6, the modified garment of Cowle discloses wherein the one or more inflatable cushions comprise a lower back cushion placed on a lower back region of the back section (as can be seen in Fig. 2, inflatable cushion 14 is in a lower back region of the back section), but does not expressly disclose wherein the one or more inflatable cushions comprise a back shoulder cushion placed on a back neck/shoulder region of the back section; and an upper back cushion placed on an upper back region of the back section [claim 5]; and a left side upper back cushion placed on a left upper back region of the back section; and a right side upper back cushion placed on a right upper back region of the back section [claim 6].
Bruce 823 teaches an inflatable torso covering vest wherein the one or more inflatable cushions comprise a back shoulder cushion placed on a back neck/shoulder region of the back section; and an upper back cushion placed on an upper back region of the back section; a left side upper back cushion placed on a left upper back region of the back section; and a right side upper back cushion placed on a right upper back region of the back section. (see annotated Fig. 2 of Bruce 823).
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 additional inflatable cushions to the modified garment of Cowle, as taught by Bruce 823, in order to provide thermal insulation to the garment (see para. 0003 of Bruce 823), thereby keeping the wearing warm and comfortable.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Cowle and Turner, as applied to claims 1 and 10 above, and further in view of Bruce (US 2017/0181482, hereafter “Bruce 482”).
Regarding claim 11, the modified garment of Cowle discloses all the limitations above, but does not expressly disclose wherein the at least one coupling tube comprises a valve configured to open or close a passage of the fluid to the inflatable cushions.
Bruce 482 teaches garments with an air injection apparatus wherein the at least one coupling tube (160) comprises a valve configured to open or close a passage of the fluid to the inflatable cushions (see para. 0022).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a valve in the coupling tube of the modified garment of Cowle as taught by Bruce 482, as the valve “prevents air from escaping… during use” (see para. 0022 of Bruce 482).
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Annotated Fig. 2 (Bruce 823)
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example Welsh (US 6032299) teaches a garment with a plurality of air bladder in the back, each connected by fluid tubes; and Dougherty (US 2023/0276964) teaches a hoodies with actuatable pillows.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
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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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/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732