DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendments filed with the written response received on March 09, 2026 and February 05, 2026 have been considered and an action on the merits follows. As directed by the amendment, claim 25 has been amended, Claims 7 and 10 has been withdrawn and claims 13-15, 17 and 19-20 have been canceled. Examiner notes that the response received February 05, 2026 amends the claims as follows: claims 1, 3-4, 6, 8,11,18 have been amended and claims 7, 13-15,17,19-20 are cancelled and claims 21-27 are new.
Accordingly, claims 1-6, 8-12, 16, 18 and 21-27 are pending in this application, with an action on the merits for claims 1-6, 8-9, 11-12, 16, 18 and 21-27 to follow.
Because of the applicant’s amendment, the following in the office action mailed November 05, 2025 are hereby withdrawn:
Previous rejection to the 35 USC 112(b).
Response to Arguments
Applicant's arguments filed March 09, 2026 have been fully considered but
they are not persuasive.
Applicant’s arguments, are drawn to the amended claim language that recites that Boyd fails to disclose "an extension portion closed top extending from the lower end of the pocket opening to a top of the closed lateral side edge" as now claimed. These arguments are not commensurate with the rejected claims and a new rejection is set forth below to address the newly added claim limitations.
Election/Restrictions
Applicant's election with traverse of Species IV, drawn to a pocket structure, according to the invention in which the side seam 312 of the garment does not define the extension portion 311, classified as garment 310 as illustrated in Fig. 3B, in the reply filed on September 9, 2025 is acknowledged. The traversal is on the ground(s) that the Examiner's proposed Species I,II,III, and IV (based on FIG. 1A & 1 D, 2, 3A, and 3B respectively) all share multiple features with one another. Features of pocket structure 110 of FIG. 1A-1 D are shown in greater detail in FIG. 3A (instant application, paragraph [0041]) and its structure generally followed by 210 of FIG. 2 (instant application, paragraph [0070]). Features of pocket structure 120 of FIG. 1A-1D are shown in greater detail in FIG. 2 and 3B (instant application, paragraph [0043]) and its structure generally followed by pocket structure 220 of FIG. 2 (instant application, [0070]). Furthermore, having sub-pockets within a pocket (Species II) should not require separate searches.
This is not found persuasive because Examiner is arguing that the species election relates to the different embodiments that the Applicant has provided that require separate search. There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries). While the searches of the identified species may overlap, the overall search would be seriously burdensome because Examiner would need to search for each distinct invention or variation. Furthermore, the search is only part of the examination process, and MPEP § 803 states "[i]f the search and examination of all the claims in an application can be made without serious burden". The examination of the application would also be burdensome because Examiner would be required to apply art and rejections to claims (presently presented or added in future prosecution) directed towards each distinct and different species of invention.
Examiner notes that a typo was made with regard to Species V which incorrectly stated being illustrated in Fig. 3B and it should state illustrated in Fig. 3C.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 24-27 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by United States Patent Application Publication No. US 2020/0029637 A1 to Patrick D. Boyd, (herein after "Boyd”).
As to Claim 24, Boyd discloses a pocket system (pocket structure 916; Boyd) for a garment (garment 900: Boyd), the pocket system (pocket structure 916; Boyd) comprising: a pocket structure (pocket structure 916; Boyd) configured to contain pocket contents (Paragraphs 0034, 0059; Boyd teaching wherein the pocket structure is configured to contain pocket contents), the pocket structure (pocket structure 916; Boyd) comprising an inner (inner pocket layer 918; Boyd) and outer panel (paragraph 0059; Boyd ~ regarding and outer panel (outer pocket layer) attached to each other along a pocket structure closed top (Annotated Figure 9; Boyd), a closed bottom (Annotated Figure 9; Boyd), a closed medial side, and a lateral side including a pocket opening (922; Boyd) and a closed lateral side edge (932; Boyd)(Annotated Figure 9; Boyd), wherein the pocket structure (pocket structure 916; Boyd) has an upper portion adjacent the pocket structure closed top and a lower portion adjacent the closed bottom (Annotated Figure 9; Boyd), wherein the lower portion (Figure 9; Boyd) comprises an extension portion (tether portion 932; Boyd) extending rearward from a lower end of the pocket opening (922; Boyd) and configured to extend toward a back-side covering portion of a garment (Annotated Figure 9; Boyd), the extension portion (tether portion 932; Boyd) including the closed lateral side edge (seam 936; Boyd) and having an extension portion closed top (930; Boyd) extending from the lower end of the pocket opening (922; Boyd) to a top of the closed lateral side edge (seam 936; Boyd) (Annotated Figure 9; Boyd), wherein the medial side of the pocket structure (tether portion 932; Boyd) is configured to be positioned proximate to a front-facing surface of the garment (Annotated Figure 9; Boyd), and the garment (900 Boyd) is configured to cover a lower portion of a wearer's body (Annotated Figure 9; Boyd), and wherein a length of the pocket structure closed top is less than a length of the closed bottom (Annotated Figure 9; Boyd teaching wherein a length of the pocket structure closed top is less than a length of the closed bottom), or wherein the pocket structure closed bottom is not angled toward the extension portion.
As to Claim 25, Boyd discloses pocket system according to claim 24, wherein the pocket opening (922; Boyd) opens directly into the pocket structure (tether portion 932; Boyd) (Annotated Figure 9; Boyd).
As to Claim 26, Boyd discloses a pocket system (pocket structure 916; Boyd) a pocket system for a garment (garment 900: Boyd), the pocket system (pocket structure 916; Boyd) comprising: a pocket structure (pocket structure 916; Boyd) configured to contain pocket contents (Paragraphs 0034, 0059; Boyd teaching wherein the pocket structure is configured to contain pocket contents), the pocket structure (pocket structure 916; Boyd) comprising an inner panel (inner pocket layer 918; Boyd) and an outer panel (paragraph 0059; Boyd ~ regarding and outer panel (outer pocket layer) attached to each other along a pocket structure closed top, a closed bottom, a closed medial side, and a lateral side including a pocket opening and a closed lateral side edge (See Figure 9; Boyd regarding a pocket structure closed top, a closed bottom, a closed medial side, and a lateral side including a pocket opening and a closed lateral side edge), wherein the pocket structure (pocket structure 916; Boyd) has an upper portion adjacent the pocket structure closed top and a lower portion adjacent the closed bottom (Annotated Figure 9; Boyd), wherein the lower portion comprises an extension portion (tether portion 932; Boyd) extending rearward from a lower end of the pocket opening (922; Boyd) and configured to extend toward a back-side covering portion of a garment (Annotated Figure 9; Boyd), the extension portion (tether portion 932; Boyd) including the closed lateral side edge (936; Boyd) and having an extension portion closed top extending from the lower end of the pocket opening (922; Boyd) to a top of the closed lateral side edge (936; Boyd), wherein the medial side of the pocket structure (pocket structure 916; Boyd) is configured to be positioned proximate to a front-facing surface of the garment (garment 900: Boyd) and the garment (garment 900: Boyd) is configured to cover a lower portion of a wearer's body (Annotated Figure 9; Boyd), and wherein the extension portion closed top extends rearward and remains below the lower end of the pocket opening (Annotated Figure 9; Boyd).
As to Claim 27, Boyd discloses the pocket system according to claim 26, wherein the pocket opening (922; Boyd) opens directly into the pocket structure (pocket structure 916; Boyd) (Annotated Figure 9; Boyd).
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Allowable Subject Matter
Claims 1-6, 8-9, 11-12, 16, 18, 21-23 have allowable subject matter.
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 AKWOKWO REDHEAD whose telephone number is (571)272-7581. The examiner can normally be reached Monday - Friday 9:00 AM to 4:00pm EST.
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/AKWOKWO OLABISI REDHEAD/Examiner, Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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