Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendments filed with the written response received on October 20, 2025 have been considered and an action on the merits follows. As directed by the amendment, claims 1-3, 6-10, 14, 17 and 20. Accordingly, claims 1-20 are pending in this application, with an action on the merits to follow.
Because of the applicant’s amendment, the following in the office action mailed April 22, 2025, are hereby withdrawn:
Previous objection to the drawings.
Previous 35 USC 112(b) rejection.
Response to Arguments
Applicant's arguments filed October 20, 2025 have been fully considered but
they are not persuasive.
Applicant argues “The Applicant here, changed the material to a stretchy, more athletic material which alters the combination of features in enhancing all the factors together because the stretchy, athletic material in addition to the multiple zipper systems on each side of the jacket, allows for improved and increased enlargement and constriction. Dale fails to disclose at least two side panel fabrics with at least one located on each side of the jacket portion and Nose does not remedy the lack of such a feature because Nose's disclosure merely recites two front portions extending from both side edges of the back portion, simply detailing the different portions of the jacket, no mention of the location of side panels, just referring to the sides of the back portion. Accordingly, withdrawal of this rejection is respectfully requested in view of the amendments and remarks made above.”
Applicant’s arguments, are drawn to the amended claim language. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
Drawings
The drawings are objected to under 37 CFR 1.84(h)(5) because Figure 10 show(s) modified forms of construction in the same view. 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. (Examiner notes that the Figure 10 includes two zippers (pulls) on the jacket and no pulls on the panel fabric 14. Examiner does not accept drawings filed on 10/20/2025.
Claim Rejections - 35 USC § 112
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.
Claims 1 & 7 are 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.
The new matter in claim 1 recites “a multi- zipper system positioned on the front and the left and right [[side portions]] orientations of the jacket, configured to expand or contract the [[fabric]] jacket to accommodate the wearer's changing torso size by removing or inserting removable panels from or into the front and left and right orientations” and does not provide support for “removable panels” from or into the front and left and right orientations. Examiner notes that the Applicant has only disclosed one panel being “The jacket further comprises at least one removable front panel fabric” recited in Claim 1 (paragraph 0004 and pages 2-7) is not supported in the specification April 29, 2024 as originally filed. Applicant should specifically point out the support for any amendments made to the specification and provide explanation of Applicant’s position. See MPEP 2163.06.
The new matter in claim 7 recites “wherein the front panel fabric includes right-side and left-side zippers that attach to corresponding zippers on the front portion of the jacket,” recited in Claims 7 (Paragraphs 009 & 0034) is not supported in the specification December 07, 2020 as originally filed.
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, 4, 8 10, 14 and 20 are rejected and the claims that depend therefrom (Claims 2-20 due to dependency) are rejected under 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.
Claims 1 & 10 and the claims that depend therefrom 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. It is unclear what “removable panels from or into the front and left and right portions of the jacket” is neither defined in the specification, nor is a standard provided for ascertaining the requisite degree, and one of ordinary skill in the art cannot reasonably be apprised of the scope of the claim term based upon the state of the art. Thus, the metes and bounds of the claim are unascertainable.
The term " to expand laterally by about 6 inches” " in claim 4 is a relative term which renders the claim indefinite. The term “about 6 inches" is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “about 6 inches” does not indicate any reference to a particular direction, destination or origination. Thus, the metes and bounds of the claim are unascertainable.
The term " wherein a removable front panel of about 3 inches of fabric is attachable to and detachable from the front portion of the jacket, and wherein side panels each having about 6 inches of fabric include zippers that, when fully closed, combined with the removal of the front panel reduces the jacket's circumference by about 15 inches to its original size” " in claim 8 is a relative term which renders the claim indefinite. The terms “about 6 inches" and “about 3 inches” and “about 15 inches” are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term “about 6 inches” does not indicate any reference to a particular direction, destination or origination. Thus, the metes and bounds of the claim are unascertainable.
Claim 14 and the claims that depend therefrom 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. It is unclear what “fabric that is able to expand by stretching” is required to satisfy the claim. The specific fabric requirement is neither defined in the specification, nor is a standard provided for ascertaining the requisite degree, and one of ordinary skill in the art cannot reasonably be apprised of the scope of the claim term based upon the state of the art. Thus, the metes and bounds of the claim are unascertainable.
Claim 20 and the claims that depend therefrom 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. It is unclear what “weather-resistant fabric “ included in the claim “wherein the puffer jacket and a shell layer comprising of a weather-resistant fabric are configured to be worn together as a single integrated unit or separately,” is referring too and what is required to satisfy the claim. The specific weather-resistant fabric is neither defined in the specification, nor is a standard provided for ascertaining the requisite degree, and one of ordinary skill in the art cannot reasonably be apprised of the scope of the claim term based upon the state of the art. Thus, the metes and bounds of the claim are unascertainable.
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4, 6-7 and 9 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 5,341,514 to Thomas E. Dale, (herein after "Dale”), and in view of Japanese Patent No. JP2003027306A to Nose (herein after "Nose”).
As to Claim 1, Dale discloses a maternity jacket (Figure 1 and Col. 1 and Lines 30-35; Dale, suggesting a maternity clothing including a jacket capable of being used during the maternity process) comprising: a jacket (jacket 10; Dale) portion designed to cover the upper and torso portions of a wearer's body (Figure 1; Dale); a multi-zipper system (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on each side of the jacket 10.) positioned on the front and left and right orientation of the jacket (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on positioned on the front and left and right orientation of the jacket 10.) configured to expand or contract the jacket to accommodate the wearer's changing torso size (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the jacket to accommodate the wear’s changing torso size,”) by removing or inserting removable panels from or into the front and left and right orientations ; at least one removable front panel fabric (web extender 16; Dale)(Col. 2 and Lines 16-30; Dale ~ regarding multi fabric panels.) that can be attached to the multi-zipper system (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on each side of the jacket 10.) on the front portion (front body sections 11 and 12; Dale) of the jacket (jacket 10; Dale), expanding the jacket (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the fabric to accommodate the wear’s changing torso size”).
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Although Dale teaches the multi-zipper system (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on each side of the jacket 10.),Dale fails to further disclose at least two side panel fabrics with at least one located on each side of the jacket portion to accommodate the wearer's changing torso size.
Nose teaches maternity jackets (Paragraph 0002; Nose teaching a jacket for pregnant women) and discloses at least two side panel fabrics (7; Nose) with at least one located on each side of the jacket portion (jacket 30; Nose) (C) to accommodate the wearer’s changing torso size (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”).
Therefore, based on Nose’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale’s coat’s side panels to include at least two side panel fabrics with at least one located on each side of the jacket portion, as doing so would provide clothes for pregnant women which can be worn not only during pregnancy but also outside of pregnancy, have an excellent design, can be worn comfortably both during and outside of pregnancy, and offer excellent cost performance for the user.
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As to Claim 2, Dale/Nose disclose the maternity jacket of claim 1, wherein a removable front fabric panel (web extender 16; Dale) that includes zippers (releasable connector strips 36 & 38; Dale) on both sides to provide a means (Figure 1 teaching tabs 28 (movable slide 29) & 42; Dale) for attaching to the zippers (releasable connector strips 36 & 38; Dale) on the front portion (front body sections 11 and 12; Dale) of the jacket (jacket 10; Dale)(Figures 1 & 4; Dale).
As to Claim 4, Dale/Nose disclose the maternity jacket of claim 1, wherein each side panel (7; Nose) enables the jacket (jacket 10 modified with the jacket side panel teachings of Nose; Figures 1-2, 5-6,11; Nose) to expand laterally by about 6 inches (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by about 6 inches).
As to Claim 6, Dale/Nose disclose the maternity jacket of claim 1, wherein the zippers of the multi-zipper system (fasteners 5; Nose) on each side portion (box tuck portion 7; Nose) of the jacket zip closed (Figure 11; Nose), enabling the jacket (jacket 10 modified with the jacket side panel teachings of Nose; Figures 1-2, 5-6,11; Nose) to reduce in size (Figures 1-2, 5-6,11; Nose).
As to Claim 7, Dale/Nose disclose the maternity jacket of claim 1, wherein the front panel fabric (web extender 16; Dale) includes right-side and left-side zippers (Figure 4; Dale teaching a multi zipper system 36 and 38 including two zipper on each side of the jacket 10.) that attach to corresponding zippers on the front portion of the jacket (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on the front portion (web extender 16; Dale) of the jacket 10), and wherein each side panel (modified 11, 12 Dale with box tuck portion 7; Nose) further includes a side panel zipper (fasteners 5; Nose) that, when opened, reveals an underlying layer (11; Nose) of side panel fabric that is connected to the garment and configured to expand the side panel (Figures 1-2 and 5-6; Nose), allowing expansion of the overall garment (Figures 1-2 and 5-6; Nose).
As to Claim 9, Dale/Nose disclose the maternity jacket of claim 1, wherein a removable front panel (web extender 16; Dale) is attachable to the front portion of the jacket (Figures 1-4 Dale with jacket 10; Dale modified with the jacket side panel teachings of Nose; Figures 1-2, 5-6,11; Nose), and wherein side panels (Figures 1-5; Dale and Cols. 3 and Lines 12-51; Dale), each with 6 inches of fabric include zippers that, when opened (Paragraph 0019 teaching tuck amount can be expanded up to 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to contract laterally by about 6 inches), together with the attachment of the front panel (web extender 16; Dale), expand the jacket's circumference by about 15 inches from its original size (Figures 1-5; Dale and Cols. 3 and Lines 12-51; Dale ~ regarding the front panel)(Figures 1-2, 5-6,11; and Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand by approximately 15 inches).
Dale/Nose fail to explicitly disclose being of the 3-inch panel.
Williams teaches garments having lateral panels and discloses expanding being of 3 inches of fabric (Paragraphs 0033; Williams, teaching “dimension may be between 2 and 4 inches”, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Therefore, based on Williams’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Nose’s removable front panel to include being about 3 inches of fabric, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Claims 3, 5 and 8 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 5,341,514 to Thomas E. Dale, (herein after "Dale”), and in view of Japanese Patent No. JP2003027306A to Nose (herein after "Nose”), as to claim 1, and further in view of United States Patent Application Publication No. US 2019/0116899 A1 to Paul H. Williams, (herein after " Williams”).
As to Claim 3, Dale/Nose disclose the maternity jacket of claim 1, wherein the multi-zipper system (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on each side of the jacket 10 modified with the side panels as taught by Nose) positioned on the front portion of the jacket (jacket 10 modified with the jacket side panel teachings of Nose; Figures 1-2, 5-6,11; Nose) enables the removable front panel fabric (web extender 16; Dale) to attach to the front portion of the jacket (jacket 10; Dale modified with the jacket side panel teachings of Nose; and Figures 1-2, 5-6,11; Nose), expanding the jacket away from the front portion (jacket 10; Dale) (Figures 1 & 4; Dale)(Col. 3 and Lines 12 - 51; Dale).
Dale/Nose fail to disclose the jackets lateral width being lateral by about 3 inches.
Williams teaches garments having lateral panels and discloses expanding by 3 inches (Paragraphs 0033; Williams, teaching “dimension may be between 2 and 4 inches”, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Therefore, based on Williams’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Nose’s front portion by 3 inches, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
As to Claim 5, Dale/Nose disclose the maternity jacket of claim 1, wherein the zippers on the front portion of the jacket (jacket 10 modified with the jacket side panel teachings of Nose; Figures 1-2, 5-6,11; Nose) unzip to detach the removable front fabric panel (web extender 16; Dale) from the front portion of the jacket (jacket 10; Dale), enabling the jacket (jacket 10; Dale) to reduce in size (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the fabric to accommodate the wear’s changing torso size,”).
Dale/Nose fail to disclose the 3-inch panel.
Williams teaches garments having lateral panels and discloses expanding being the 3-inch panel (Paragraphs 0033; Williams, teaching “dimension may be between 2 and 4 inches”, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Therefore, based on Williams’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Nose’s front panel to include being the 3-inch panel, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
As to Claim 8, Dale/Nose disclose the maternity jacket of claim 1, wherein a removable front panel (web extender 16; Dale) of fabric (Col. 3 and Lines 12-30; Dale ~ regarding fabric) is attachable to and detachable from the front portion of the jacket (Figures 1-5; Dale and Cols. 3 and Lines 12-51; Dale), and wherein side panels (modified front sections 11, 12 Dale with box tuck portion 7; Nose) each having about 6 inches of fabric include zippers (fasteners 5; Nose) that when fully closed (Paragraph 0019 teaching tuck amount can be expanded up to 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel wherein side panels (modified front sections 11, 12 Dale with box tuck portion 7; Nose) each having about 6 inches of fabric include zippers that when fully closed), combined with the removal of the front panel (web extender 16; Dale) reduces the jacket's circumference by about 15 inches to its original size (Figures 1-5; Dale and Cols. 3 and Lines 12-51; Dale ~ regarding the front panel)(Figures 1-2, 5-6,11; and Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to constrict laterally by approximately 15 inches) (Cols. 3 and Lines 12-51; Dale).
Dale/Nose fail to explicitly disclose of about 3 inches.
Williams teaches garments having lateral panels and discloses expanding being about 3 inches of fabric (Paragraphs 0033; Williams, teaching “dimension may be between 2 and 4 inches”, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Therefore, based on Williams’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Nose’s removable front panel to include being about 3 inches, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Claims 10-16 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 5,341,514 to Thomas E. Dale, (herein after "Dale”) in view of United States Patent Application Publication No. US 2019/0116899 A1 to Paul H. Williams, (herein after " Williams”) and in view of Japanese Patent No. JP2003027306A to Nose (herein after "Nose”) and in further view of United States Patent Application Publication No. US 2022/0312861 A1 to Aya Bassel Mousa Ayoubi, (herein after "Ayoubi”).
As to Claim 10, Dale discloses a maternity jacket (Figure 1 and Col. 1 and Lines 30-35; Dale, suggesting a maternity clothing including a jacket capable of being used during the maternity process) comprising: a jacket portion (jacket 10; Dale) configured to substantially cover the upper portion and torso of a wearer's body (Figure 1; Dale); a multi-zipper system (Figure 1; Dale teaching a multi zipper system 28 and 42 including two zipper on each side of the jacket 10 modified with the side panels as taught by Nose) positioned on the front and side portions (front body sections 11 and 12; Dale) of the jacket (jacket 10; Dale) (Figure 1; Dale), allowing the maternity jacket (Figure 1 and Col. 1 and Lines 30-35;Dale, suggesting a maternity clothing including a jacket capable of being used during the maternity process) to expand or constrict to accommodate the wearer's changing torso size (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the jacket to accommodate the wear’s changing torso size,”) by removing or inserting removable panels from or into the front and left and right portions of the jacket; (web extender 16; Dale)(Col. 2 and Lines 16-30; Dale ~ regarding multi fabric panels.) (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the fabric to accommodate the wear’s changing torso size,”. The jacket would be capable of removing or inserting removable panels from or into the front and left and right portions of the jacket.); at least one removable front panel fabric (web extender 16; Dale, teaching a removable front panel), that is able to be attached to the zippers on the front portion of the jacket to expand the garment (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket is configured to expand or contract the fabric to accommodate the wear’s changing torso size,”); removable front panel fabric (web extender 16; Dale), with removable front panel fabric (web extender 16; Dale).
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Although Dale teaches a jacket (10 with outer member 17; Dale) with front panel fabric and side panel fabric (11 and 12; Dale) are made of insulated material (core material 19/23); and a shell jacket side panel fabric (liner 18/22; Dale), but Dale fails to disclose at least one 3-inch panel, at least two 6-inch side panel fabrics with at least one located on each side of the jacket portion on both sides of the wearer's torso having side portions of the multi-zipper system enable the side panel fabric to expand or contract said side portions of the jacket; a puffer jacket with insulated material; and a panel fabric made of waterproof material.
Williams teaches garments having lateral panels and discloses expanding being at least one 3-inch panel (Paragraphs 0033; Williams, teaching “dimension may be between 2 and 4 inches”, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Therefore, based on Williams’ teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale removable front panel fabric to include being at least one 3-inch panel, as doing so would provide a mean fastener or fastener element capable of bring together and releasably joining two otherwise separate parts (Paragraph 0017; Williams).
Nose teaches maternity jackets (Paragraph 0002; Nose teaching a jacket for pregnant women) and discloses at least two 6-inch side panel fabrics (7; Nose)(Figure 6; Nose) with at least one located on each side of the jacket portion (jacket 30; Nose) on both sides of the wearer's torso having side portions of the multi-zipper system (Figures 1-2, and 5-6; Nose, teaching the multi-zipper system) enable the side panel fabric to expand or contract said side portions of the jacket (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by about 6 inches) (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”).
Therefore, based on Nose’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Williams’ jacket to include at least two 6-inch side panel fabrics with at least one located on each side of the jacket portion on both sides of the wearer's torso having side portions of the multi-zipper system enable the side panel fabric to expand or contract said side portions of the jacket;, as doing so would provide clothes for pregnant women which can be worn not only during pregnancy but also outside of pregnancy, have an excellent design, can be worn comfortably both during and outside of pregnancy, and offer excellent cost performance for the user.
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Ayoubi teaches inflatable garments including jackets and discloses a puffer jacket (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi) with insulated material (Paragraph 0014; Ayouobi, teaching “The present invention relates to the need for insulation and cushioning in garment form through inflation….This creates a market for portable, wearable inflation apparatus/garments like … like puffer-jackets.”) (Figures 2A & 2B; Ayoubi, teaching a puffer jacket (100; Ayoubi) with front panel fabric and side panel fabric); and a panel fabric made of waterproof material (Examiner notes that the Applicant’s discloser filed April 29, 2024 states in paragraph 007, “…a shell jacket with removable front panel fabric and side panel fabric that is made of a thermally insulated material, including polyester or other similar material on the puffer jacket, or of a waterproof material, including nylon or other similar material on the shell jacket. The puffer jacket and shell jacket can be worn together as a single unit or exclusively.”) (Paragraphs 0098; Ayoubi ~ nylon fabric being water proof) (0044,0048,0052 and 0096-0097 teaching a water-impermeable material for the jacket)(Figures 2A &2B; Ayoubi, teaching that the shell jacket side panel fabric 162 and 164 make up the garment 100 which includes the water impermeable material.)
Therefore, based on Ayoubi’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Williams/Nose jacket (outer member and inner liner) to include being a puffer jacket with insulated material; and a panel fabric made of waterproof material, as doing so would provide comfort, insulation or protection to a wearer (paragraph 0013; Ayoubi).
As to Claim 11, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the removable front panel's fabric (web extender 16; Dale with modified 3 inch panel as taught by Williams (Paragraph 0033; Williams) is made of a thermally insulated material (0055; Ayoubi, teaching “…this point, the garment could be made reversible by sewing on or securing a secondary fabric, preferably an insulation/"warmth" technology fabric, on the reverse side of the garment.”), including polyester, or other similar material (Paragraphs 0097-0098; Ayoubi ~ regarding a thermally insulated material including polyester or other similar material.) on the puffer jacket (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi~ puffer jacket).
As to Claim 12, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the removable front panel's fabric (web extender 16; Dale with modified 3 inch panel as taught by Williams (Paragraph 0033; Williams) is made of a waterproof material, including nylon, or other similar material on the shell jacket (Examiner notes that the Applicant’s discloser filed April 29, 2024 states in paragraph 007, “…a shell jacket with removable front panel fabric and side panel fabric that is made of a thermally insulated material, including polyester or other similar material on the puffer jacket, or of a waterproof material, including nylon or other similar material on the shell jacket. The puffer jacket and shell jacket can be worn together as a single unit or exclusively.”) (Paragraphs 0098; Ayoubi ~ teaching nylon fabric being water proof) (0044,0048,0052 and 0096-0097 teaching a water-impermeable material for the jacket) (Figures 2A &2B; Ayoubi, teaching the that the shell jacket side panel fabric 162 and 164 make up the garment 100 which includes the water impermeable material.)
As to Claim 13, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the puffer jacket (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi) and shell jacket (liner 18/22; Dale) can be worn together as a single unit or exclusively (jacket 10; Dale as modified with the puffer outer as taught by Ayoubi (Figures 2A & 2B; Ayoubi) can be worn together as a single unit (Figure 1 and Col. 2 and Lines 62-68; Dale).
As to Claim 14, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the zippers of the multi- zipper system (Figures 1-4; Dale ~ regarding zippers) and (fasteners 5; Nose) on the left and right sides of the jacket (Figures 1-2, and 5-6; Nose, teaching the multi-zipper system teaching) unzip to laterally expand the jacket by 6 inches of fabric on each side of the puffer jacket (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi) and the shell jacket) (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by approximately 6 inches).
As to Claim 15, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the 3-inch removable front panel fabric (web extender 16; Dale with modified 3-inch panel as taught by Williams (Paragraph 0033; Williams.) can be detached (Figures 1 & 4 and Cols. 1 & 2, Lines 45-57 and Lines 53-55, respectively; Dale teaching that the jacket having removable front panel fabric (web extender 16; Dale with modified 3 inch panel as taught by Williams (Paragraph 0033; Williams.) can be detached.) and the side panels (11 and 12; Dale with modified side panels as taught by Nose ~ Figures 1-2, and 5-6; Nose) with 6-inch fabric can be completely zipped on both sides of the jacket (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by about 6 inches) (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”) constricting the jacket by approximately 15 inches to its original size (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by approximately 15 inches, as Nose teaches a range of side panels including the 15 inches to its original size.)
As to Claim 16, Dale/Williams/Nose/Ayoubi disclose the maternity jacket of claim 10, wherein the 3-inch removable front panel fabric (web extender 16; Dale with modified 3-inch panel as taught by Williams (Paragraph 0033; Williams.)) can be attached and the side panels with 6-inch fabric can be completely unzipped on both sides of the jacket, expanding the jacket by approximately 15 inches from its original size (Figures 1-2, 5-6,11; Nose) (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by approximately 6 inches).
Claims 17-20 are rejected under 35 U.S.C. § 103 as being unpatentable over United States Patent No. US 5,341,514 to Thomas E. Dale, (herein after "Dale”) in view of Japanese Patent No. JP2003027306A to Nose (herein after "Nose”) and in further view of United States Patent Application Publication No. US 2022/0312861 A1 to Aya Bassel Mousa Ayoubi, (herein after "Ayoubi”).
As to Claim 17,
Dale disclose a jacket system for pregnant and postpartum wearers (Figure 1 and Col. 1 and Lines 30-35; Dale, suggesting a maternity clothing including a jacket capable of being used during the maternity process), comprising: an insulated (core material 19 & 23; Dale. Examiner notes that Oxford Languages online dictionary defines insulated – protected by interposing material that prevents the loss of heat. (Figure 1 and Col. 2 and Lines 53-68; Dale) jacket (jacket 10; Dale teaching outer member 17 & 21); a shell jacket (liner 18/22; Dale) (Figure 1 and Col. 2 and Lines 53-68; Dale); a front bib (web extender 16; Dale, teaching a removable front panel) (Figure 1 and Col. 2 and Lines 53-68; Dale); a side panels on the left and right portion (front body sections 11 and 12; Dale) of the jacket (jacket 10; Dale teaching outer member 17 & 21) and the shell jacket (liner 18/22; Dale) (Figure 1 and Col. 2 and Lines 53-68; Dale)(Figure 1 and Col. 2 and Lines 53-68; Dale), fabric that is able to expand by stretching (Col. 2 and Lines 39-68; Dale ~ regarding fabric that is capable of being stretched.).
Dale fails to disclose an insulated puffer jacket, a waterproof shell, puffer jacket, puffer jacket and panels that unzip to expand each jacket on both right and left sides; and fabric within each of the zippers.
Nose teaches maternity jackets (Paragraph 0002; Nose teaching a jacket for pregnant women) and discloses panels (Figures 1-6 and 11; Nose) that unzip to expand each jacket (jacket 30; Nose) on both right and left sides (Figures 1-2, 5-6,11; Nose); and fabric within each of the zippers (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”).
Therefore, based on Nose’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale’s jacket’s side panels to include panels that unzip to expand each jacket on both right and left sides; and fabric within each of the zippers, as doing so would provide clothes for pregnant women which can be worn not only during pregnancy but also outside of pregnancy, have an excellent design, can be worn comfortably both during and outside of pregnancy, and offer excellent cost performance for the user.
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Ayoubi teaches inflatable garments including jackets and discloses an insulated puffer jacket (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi )(Paragraphs 0097-0098; Ayoubi ~ regarding a thermally insulated material including polyester or other similar material.) with insulated material (Paragraph 0014; Ayouobi, teaching “The present invention relates to the need for insulation and cushioning in garment form through inflation….This creates a market for portable, wearable inflation apparatus/garments like … like puffer-jackets.”) (Figures 2A & 2B; Ayoubi, teaching a puffer jacket (100; Ayoubi) with front panel fabric and side panel fabric); and a panel fabric made of waterproof material (Examiner notes that the Applicant’s discloser filed April 29, 2024 states in paragraph 007, “…a shell jacket with removable front panel fabric and side panel fabric that is made of a thermally insulated material, including polyester or other similar material on the puffer jacket, or of a waterproof material, including nylon or other similar material on the shell jacket. The puffer jacket and shell jacket can be worn together as a single unit or exclusively.”) (Paragraphs 0098; Ayoubi ~ nylon fabric being water proof) (0044,0048,0052 and 0096-0097 teaching a water-impermeable material for the jacket)(Figures 2A &2B; Ayoubi, teaching that the shell jacket side panel fabric 162 and 164 make up the garment 100 which includes the water impermeable material).
Therefore, based on Ayoubi’s teachings, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to have modified Dale/Williams/Nose jacket (outer member and inner liner) to include being a puffer jacket with insulated material; and a panel fabric made of waterproof material, as doing so would provide comfort, insulation or protection to a wearer (paragraph 0013; Ayoubi).
As to Claim 18, Dale/Nose/Ayoubi disclose the jacket system of claim 17, wherein the side panels expand each jacket (jacket 10 modified with the jacket (1; Nose) side panel teachings of Nose; Figures 1-2, 5-6,11; Nose) on both the right and left portion of the jacket by approximately 6 inches each (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by about 6 inches) (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”).
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As to Claim 19, Dale/Nose/Ayoubi disclose the jacket system of claim 17, wherein a front bib (web extender 16; Dale, teaching a front bib) or otherwise frontal portion of the garment unzips to expand (web extender 16; Dale, teaching a front bib) (Figure 1 and Col. 2 and Lines 53-68; Dale); approximately 6 inches of expendable stretch fabric (Paragraph 0019 teaching tuck amount of 11cm, 22cm, and 44cm; Nose. Thereby teaching that the side panel enables the jacket to expand laterally by about 6 inches) (Figures 1-2, 5-6,11 and Paragraph 0024; Nose, teaching “…when the zipper 5 is fully opened, as in the case of pregnancy, the box tuck portion 7 expands as described above, and the hem width 7d of the box tuck portion 7 expands. accommodating the wearer's changing torso size.”) in the front of the jacket (jacket 10 modified with the jacket (1; Nose) side panel teachings of Nose; Figures 1-2, 5-6,11; Nose).
As to Claim 20, Dale/Nose/Ayoubi disclose the jacket system of claim 17, wherein the puffer jacket (jacket 10; Dale teaching outer member 17 & 21 modified with the puffer jacket teaching (paragraphs 0010, 0011)(Figures 2A & 2B; Ayoubi )(Paragraphs 0097-0098; Ayoubi ~ regarding a thermally insulated material including polyester or other similar material.) and shell layer (liner 18/22; Dale) comprising a weather- resistant fabric are configured to be worn together as a single integrated unit or separately, depending on weather conditions and the wearer's needs (jacket 10; Dale as modified with the puffer outer as taught by Ayoubi (Figures 2A & 2B; Ayoubi) can be worn together as a single unit (Figure 1 and Col. 2 and Lines 62-68; Dale).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732