DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on May 28, 2024 in which claims 1-10, 13-16 and 19-20 are presented for examination. Claims 11, 12, 17 and 18 have been withdrawn.
Election/Restrictions
Claims 11, 12, 17 and 18 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on February 28, 2026.
Applicant’s reply filed February 28, 2026 indicated that claims 1-20 were readable on elected Species P (Figures 30-39). After a full review of Applicant’s disclosure, claims 11, 12 17, and 18 appear to be drawn to non-elected Species.
Claims 11 and 12 appear to be drawn to non-elected species, because claim 11 recites the cuff pocket as extending along the rearward facing side of the sleeve (claim which is disclosed in Applicant’s Specification in [00074], and [00089]. Further, elected Species P, figures 30-39 discloses in [000119], “Panel 954 is secured within the interior of sleeve 926 proximate to cuffs 932 to form cuff pocket 956 along the interior of the outer side 42 of sleeve 926.”.
Claim 12 appears to be drawn to non-elected species, because claim 12 recites wherein the rearward side of the sleeve protrudes downwardly beyond the forward-facing side of the sleeve, which is disclosed in Applicant’s Specification in [000116]. Further, elected Species P, figures 30-39 discloses in [000119], “Panel 954 is secured within the interior of sleeve 926 proximate to cuffs 932 to form cuff pocket 956 along the interior of the outer side 42 of sleeve 926… As shown by Figures 34 and 35 cuff pocket 956 comprises a floor 960, lateral sides 962 and an entrance opening or mouth 964 that form a pocket interior 965. Floor 960 extends along and adjacent to the lower edge 938 of extension 941.”.
Claim 17 appears to be drawn to non-elected species, because claim 17 recites further comprising an auxiliary pocket, wherein the auxiliary pocket and the cuff pocket overlap with at least portions of the auxiliary pocket being coextensive with the cuff pocket, which is disclosed in Applicant’s Specification in [00095] through [00098]. Elected Species P, figures 30-39 does not disclose an auxiliary pocket.
Claim 18 appears to be drawn to non-elected species, because claim 18 recites further comprising a heating element proximate the cuff pocket, which is disclosed in Applicant’s Specification in [00095] through [00098]. Elected Species P, figures 30-39 does not disclose a heating element.
Therefore, claims 11, 12, 17 and 18 have been withdrawn from further consideration be the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
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.
Claims 1-3 and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Grazia (2016/0150847).
Regarding claim 1, De Grazia teaches, A garment comprising: a torso portion having a shoulder region; a sleeve extending from the shoulder region, the sleeve having an interior terminating at a cuff having a cuff edge, an inner side facing the torso portion, an outer side opposite the inner side, a forward facing side and a rearward facing side (“10 designates generally any suitable cold weather garment such as the parka illustrated. The parka 10 includes sleeves 11 having lower edges 12 defining wrist openings 13. 'The sleeves 11 each have an inner side 14. The term inner side is one of convenience and means that portion of the sleeve which is adjacent to or faces the body of the garment 10 when each sleeve 11 is allowed to hang naturally. That portion of each sleeve which is then remote from the garment body is designated as the outer side of the sleeve.”, Col. 1 ln. 56-66, therefore, 10 comprising: a torso portion (see figure 1) having a shoulder region (figure 1); 11 extending from the shoulder region, 11 having 14 terminating at a cuff having 13, an inner side facing the torso portion, an outer side opposite the inner side, a forward facing side and a rearward facing side, figure 1); and a panel secured within the interior proximate the cuff to form a cuff pocket, the cuff pocket having a floor extending along and adjacent to the cuff edge (“The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 66-2, “The parka 10 includes sleeves 11 having lower edges 12 defining wrist openings 13.”, Col. 1 ln. 58-59, “A pocket 15 capable of easily receiving therein a gloved hand is located inside each sleeve 11 in the region of the wrist opening 13. In the form illustrated, each pocket is upwardly opening and includes a section of flexible heat insulating material such as the padded material 16 having side edges 17, 17, a bottom edge 18 and a top edge 19.”, Col. 2 ln. 3-8, therefore, 15 secured within 14 proximate the cuff to form a cuff pocket (15 has a panel forming a cuff pocket, see figure 4), the cuff pocket having a floor extending along and adjacent to 12 figures 1, 2 and 4).
Regarding claim 2, De Grazia teaches, wherein the cuff edge and the floor share a seam (“Any suitable means such as the transverse line of stitching 20 and the longitudinal lines of stitching 21, 21 secure the bottom and side edges respectively of each pocket 15 to its sleeve 11. Preferably, the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11. Also, it is preferred that the pockets 15 be located on the inner sides of the sleeves 11.”, Col. 2 ln. 9-16, therefore, wherein 12 and the floor share 21, figures 1 and 2).
Regarding claim 3, De Grazia teaches, wherein the cuff pocket extends within the interior along the outer side of the sleeve (wherein the cuff pocket of 15 extends within the interior along the outer side of 11, see figure 1).
Regarding claim 15, De Grazia teaches, wherein the panel extends at least 180 degrees about a centerline of the interior of the sleeve (wherein 15 extends at least 180 degrees about a centerline of the interior of 11, best shown in figure 3, see also, figures 2 and 4).
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4, 14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia(1,564,897) in view of Binder et al. (2023/003220)[Binder].
Regarding claim 4, De Grazia teaches, wherein the outer side of the sleeve and the inner side of the sleeve (11 has an outer side and an inner side, figures 2 and 4).
De Grazia, fails to teach, wherein the outer side of the sleeve protrudes downwardly beyond the inner side of the sleeve.
Binder, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the outer side of the sleeve protrudes downwardly beyond the inner side of the sleeve. (“The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, [0073], therefore, wherein the outer side of the sleeve protrudes downwardly beyond the inner side of the sleeve, figures 1A and 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the outer side of the sleeve of De Grazia as protruding downwardly beyond the inner side of the sleeve as taught by Binder in order to provide the user higher flexibility at the cuff due to the shorter inner side of the sleeve.
Regarding claim 14, De Grazia teaches, the cuff edge (12, Col. 1-2 ln. 66-2, Col. 1 ln. 58-59, figures 1, 2 and 4) and the floor along the cuff edge (the floor of 15 is along the cuff edge, “The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 66-2, “the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11.”, Col. 2 ln. 12-14, figures 1, 2 and 4).
While De Grazia discloses the floor as being flush with the cuff edge, De Grazia, fails to teach, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes and wherein the floor downwardly slopes along the downwardly angled edge portion.
Binder, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes and wherein the floor downwardly slopes along the downwardly angled edge portion (“The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, [0073], therefore, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes, figures 1A and 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cuff edge and floor of De Grazia with downwardly angled edge portion as taught by Binder in order to provide the user higher flexibility at the cuff due to the angled edge portion of the cuff edge.
The combined references teach, wherein the floor downwardly slopes along the downwardly angled edge portion (as combined above, the floor of 15 of De Gracia downwardly sloping along the second edge portion, see De Gracia Col. 2 ln. 12-14).
Regarding claim 16, De Grazia teaches, the cuff edge (12, Col. 1-2 ln. 66-2, Col. 1 ln. 58-59, figures 1, 2 and 4) and the floor along the cuff edge (the floor of 15 is along the cuff edge, “The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 66-2, “the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11.”, Col. 2 ln. 12-14, figures 1, 2 and 4).
While De Grazia discloses the floor as being flush with the cuff edge, De Grazia, fails to teach, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve and a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion.
Binder, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve and a second edge portion that downwardly slopes from the first edge portion (“The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, [0073], therefore, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve and a second edge portion that downwardly slopes from the first edge portion, figures 1A and 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cuff edge of De Grazia with a first edge portion extending perpendicular to a centerline of the sleeve and a second edge portion that downwardly slopes from the first edge portion as taught by Binder in order to provide the user higher flexibility at the cuff due to the angled edge portion of the cuff edge.
The combined references teach, and the floor downwardly sloping along the second edge portion (as combined above, the floor of 15 of De Gracia downwardly sloping along the second edge portion, see De Gracia Col. 2 ln. 12-14).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia (1,564,897) in view of Binder et al. (2023/003220)[Binder] in view of Buenos et al. (5,125,117)[Buenos].
Regarding claim 5, the combined references teach, wherein the cuff pocket has a mouth within the interior and a floor on the outer side of the sleeve (De Grazia, “the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11.”, Col. 2 ln. 12-14, Binder, “The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, [0073], therefore, as combined above, wherein the cuff pocket of 15 of De Grazia has a mouth within the interior and a floor (see De Grazia, figures 2 and 4) on the outer side of 11 (as taught by Binder) and the interior of 11 of De Grazia, see Grazia figures 2 and 3).
The combined references fail to teach, a floor that is downwardly beyond and outside the interior of the sleeve.
Buenos, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the cuff pocket extends along the rearward facing side of the sleeve (“Panel 16 extends substantially half-way around the circumference of cuff 11 and is secured at its side 20 to cuff 11. In this manner panel 16 in the folded back position forms a pocket 19 in that panel 16 is closed at its far end and attached to sleeve distal portion 14.”, Col. 3 ln. 27-31, “FIGS. 4 and 5 show cuff 11 in the closed position to form a hand covering or mitten 23. Panel 16 is pulled down and around the front of wearer's hand 18 and over the opposite portion of the distal portion 14 of sleeve 12. This is done by turning the closed end of pocket 19 inside out…The overall effect is that mitten 23 is formed at the end of each sleeve 12. User's hand 18 fits into mitten 23 of the cuff construction as it would into a normal mitten. Panel 16 is now at the opposite side of cuff 11 from where it was situated in the open position.”, Col. 3 ln. 41-51, therefore, a floor that is downwardly beyond and outside the interior of the sleeve, figures 1-5.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the floor of the combined references as downwardly beyond and outside the interior of the sleeve as taught by Buenos in order to provide a panel that can also cover the wearers hands for protection, Col. 2 ln. 7-12.
Regarding claim 6, the combined references teach, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve and a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion (as combined above, as taught by Binder, wherein 12 of De Grazia has a first edge portion extending perpendicular to a centerline of 11 and a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion, see Binder, [0073], “The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, figures 1A and 1B).
Regarding claim 7, the combined references teach, the cuff edge (De Grazia, 12, Col. 1-2 ln. 66-2, Col. 1 ln. 58-59, figures 1, 2 and 4) and the floor along the cuff edge (De Grazia, the floor of 15 is along the cuff edge, “The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 66-2, “the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11.”, Col. 2 ln. 12-14, figures 1, 2 and 4).
While De Grazia discloses the floor as being flush with the cuff edge, the combined references fail to teach, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes and wherein the floor downwardly slopes along the downwardly angled edge portion.
Binder, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes and wherein the floor downwardly slopes along the downwardly angled edge portion (“The Lower arm part 7 is formed on four sides with edges 71 to 74. The edge 71 is arranged opposite the edge 73 and forms a part of a sleeve end of the sleeve of the upper garment 1A. The third edge 73 is concave in shape and is connected to the Upper arm part 5 via a distal portion 530 of the third Outer edge 53 of the Upper arm part 5. The edges 72 and 74 are approximately straight and extend in a proximal-distal direction on a front and back side, respectively, of the sleeve in the region of a forearm.”, [0073], therefore, wherein the cuff edge has a downwardly angled edge portion that downwardly slopes and wherein the floor downwardly slopes along the downwardly angled edge portion, figures 1A and 1B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cuff edge of De Grazia with a downwardly angled edge portion that downwardly slopes as taught by Binder in order to provide the user higher flexibility at the cuff due to the angled edge portion of the cuff edge.
The combined references teach, wherein the floor downwardly slopes along the downwardly angled edge portion (as combined above, wherein the floor of 15 downwardly slopes along the downwardly angled edge portion, see De Gracia Col. 2 ln. 12-14).
Regarding claim 8, the combined references teach, wherein the panel extends at least 180 degrees about a centerline of the interior of the sleeve (De Grazia, wherein 15 extends at least 180 degrees about a centerline of the interior of 11, best shown in figure 3, see also, figures 2 and 4).
Claims 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia(1,564,897) in view of Johnson (2016/0150847).
Regarding claim 9, De Grazia teaches, wherein the sleeve comprises an outer side of the sleeve along the cuff pocket and the inner side of the sleeve opposite the cuff pocket (wherein 110 comprises an outer side of 110 along the cuff pocket of 15 and the inner side of 110 opposite 15, figures 1, 2 and 4).
De Grazia, fails to teach, wherein the sleeve comprises a non-elastomeric portion on an outer side of the sleeve along the cuff pocket and an elastomeric portion on the inner side of the sleeve opposite the cuff pocket.
Johnson, a garment with sleeves having hand coverings, [0008], figures 3-6, teaches, wherein the sleeve comprises a non-elastomeric portion on an outer side of the sleeve along the cuff pocket and an elastomeric portion on the inner side of the sleeve opposite the cuff pocket (“the garment 100 is substantially water and/or wind resistant. That is, the garment 100 impedes water (e.g., precipitation) and wind from penetrating the garment 100 and contacting the portions of the wearer's body covered by the garment 100. It is understood that the inner surface 102 and the outer surface 104 may be any suitable material, e.g., without limitation, nylon, cotton, polyester, rayon, and combinations thereof.”, [0028], “FIGS. 3-7 show views of the wrist portion 134 of one of the sleeves 110 of the garment 100. It is understood that both sleeves 110 of the garment 100 are identical. Thus, the sleeve 110 not shown in FIGS. 3-7 is the same as the sleeve that is illustrated. The wrist portion 134 includes an elastic member 138 and an outer cuff 140. The elastic member 138 gathers the wrist portion 134 around the wearer's wrist to facilitate the wrist portion remaining aligned with the wearer's wrist during movement of the arms and sleeves 110.”, [0034], therefore, wherein 110 comprising the material for the outer surface of the garment) and 138 on the inner side of the sleeve opposite 150, figures 3 and 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the inner side of the sleeve opposite the cuff pocket of De Grazia with an elastomeric portion as taught by Johnson in order to provide an elastomeric portion that “gathers the wrist portion 134 around the wearer's wrist to facilitate the wrist portion remaining aligned with the wearer's wrist during movement of the arms and sleeves 110”, [0034].
Regarding claim 20, De Grazia teaches, A garment comprising: a torso portion having a shoulder region; a sleeve extending from the shoulder region, the sleeve having an interior and a cuff (“10 designates generally any suitable cold weather garment such as the parka illustrated. The parka 10 includes sleeves 11 having lower edges 12 defining wrist openings 13. 'The sleeves 11 each have an inner side 14. The term inner side is one of convenience and means that portion of the sleeve which is adjacent to or faces the body of the garment 10 when each sleeve 11 is allowed to hang naturally. That portion of each sleeve which is then remote from the garment body is designated as the outer side of the sleeve. The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 56-2, therefore, 10 comprising: a torso portion (see figure 1) having a shoulder region (figure 1); 11 extending from the shoulder region, 11 having and a cuff); and a panel secured within the interior proximate to the cuff to form a pocket, the pocket having a mouth within the interior and a floor (“The lower end of each sleeve includes a wrist covering portion and a subjacent portion which extends downwardly to cover a substantial portion of the wearer's hand.”, Col. 1-2 ln. 66-2, “The parka 10 includes sleeves 11 having lower edges 12 defining wrist openings 13.”, Col. 1 ln. 58-59, “A pocket 15 capable of easily receiving therein a gloved hand is located inside each sleeve 11 in the region of the wrist opening 13. In the form illustrated, each pocket is upwardly opening and includes a section of flexible heat insulating material such as the padded material 16 having side edges 17, 17, a bottom edge 18 and a top edge 19.”, Col. 2 ln. 3-8, “Although the pockets 15 are primarily intended to receive gloved hands, it is obvious that they may not only receive and warm ungloved hands “, Col. 2 ln. 35-37, therefore, and 15 secured within the interior proximate to the cuff to form a pocket, the pocket (formed by 15) having a mouth within the interior and a floor, figures 1, 2 and 4).
While De Grazia discloses the panel receives ungloved hands, De Grazia fails to teach, an elastomeric panel and a floor downwardly beyond and outside the interior.
Johnson, a garment with sleeves having hand coverings, [0008], figures 3-6, teaches, an elastomeric panel and a floor downwardly beyond and outside the interior (“A hand covering 144 is connected to the wrist portion 134. The hand covering 144 includes a first panel 146 and a second panel 148 connected to the first panel 146 to form a pouch 150. The first panel 146 has a first surface 158 and a second surface 159. The first panel 146 and the second panel 148 may be made of any material, e.g., without limitation, nylon, cotton, polyester, rayon, and combinations thereof. It is understood the first panel 146 and the second panel 148 may be made of the same material and may be formed together. In one suitable embodiment, the first and second panels 146, 148 are made from a suitable elastic material”, [0035], therefore, 146/148 are elastomeric panels and a floor (floor of 150) downwardly beyond and outside the interior, figures 3-7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the panel and floor of De Grazia as being elastomeric as taught by Johnson and provide the floor of De Grazia as being downwardly beyond and outside the interior as further taught by Johnson in order to provide a pocket “such that the wearer can insert at least a portion of the wearer's hand through the opening 142 and into the hand covering 144. When the wearer's hand is inside the hand covering 144, the first surface 158 contacts the wearer's hand…The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150.”, [0039].
Claims 10 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia (1,564,897) in view of Buenos et al. (5,125,117)[Buenos].
Regarding claim 10, De Grazia teaches, the panel (15, figures 2 and 3) portions of the cuff edge (portions of 12) and a hand occupying the cuff pocket ().
De Grazia, fails to teach, wherein the panel is configured to protrude downwardly beyond at least portions of the cuff edge in response to a hand occupying the cuff pocket.
Buenos, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the panel is configured to protrude downwardly beyond at least portions of the cuff edge in response to a hand occupying the cuff pocket (“Panel 16 extends substantially half-way around the circumference of cuff 11 and is secured at its side 20 to cuff 11. In this manner panel 16 in the folded back position forms a pocket 19 in that panel 16 is closed at its far end and attached to sleeve distal portion 14.”, Col. 3 ln. 27-31, “FIGS. 4 and 5 show cuff 11 in the closed position to form a hand covering or mitten 23. Panel 16 is pulled down and around the front of wearer's hand 18 and over the opposite portion of the distal portion 14 of sleeve 12. This is done by turning the closed end of pocket 19 inside out…The overall effect is that mitten 23 is formed at the end of each sleeve 12. User's hand 18 fits into mitten 23 of the cuff construction as it would into a normal mitten. Panel 16 is now at the opposite side of cuff 11 from where it was situated in the open position.”, Col. 3 ln. 41-51, therefore, wherein 16 is configured to protrude downwardly beyond at least portions of the cuff edge in response to a hand occupying 19, figures 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the panel of De Grazia as protruding downwardly beyond at least portions of the cuff edge as taught by Buenos in order to provide a panel that can cover the wearers hands for protection, Col. 2 ln. 7-12.
Regarding claim 13, De Grazia teaches, wherein the cuff pocket has a mouth within the interior of the sleeve and a floor (wherein 15 has a mouth within the interior of and a floor “the arrangement is such that the lower edges 18 of the pockets are substantially flush with the lower edges 12 of the sleeves 11. Also, it is preferred that the pockets 15 be located on the inner sides of the sleeves”, Col. 2 ln. 12-16, therefore, 15 extends along an inner side of 11 and a floor, figures 1, 2 and 4)
De Grazia, fails to teach, wherein the cuff pocket has a floor that is downwardly beyond and outside the interior of the sleeve.
Buenos, a garment with sleeves having a pocket and hand covering panels, abstract, teaches, wherein the cuff pocket has a floor that is downwardly beyond and outside the interior of the sleeve (“Panel 16 extends substantially half-way around the circumference of cuff 11 and is secured at its side 20 to cuff 11. In this manner panel 16 in the folded back position forms a pocket 19 in that panel 16 is closed at its far end and attached to sleeve distal portion 14.”, Col. 3 ln. 27-31, “FIGS. 4 and 5 show cuff 11 in the closed position to form a hand covering or mitten 23. Panel 16 is pulled down and around the front of wearer's hand 18 and over the opposite portion of the distal portion 14 of sleeve 12. This is done by turning the closed end of pocket 19 inside out…The overall effect is that mitten 23 is formed at the end of each sleeve 12. User's hand 18 fits into mitten 23 of the cuff construction as it would into a normal mitten. Panel 16 is now at the opposite side of cuff 11 from where it was situated in the open position.”, Col. 3 ln. 41-51, therefore, wherein 19 has a floor that is downwardly beyond and outside the interior of the sleeve, figures 1-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the cuff pocket of De Grazia as being downwardly beyond and outside the interior of the sleeve as taught by Buenos in order to provide a cuff pocket that can cover the wearers hands for protection, Col. 2 ln. 7-12.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over De Grazia (1,564,897) in view of Heile (1,982,100).
Regarding claim 19, De Grazia teaches, the panel (15, figures 2 and 4) the cuff pocket (the cuff pocket of 15, figures 2 and 4).
De Grazia, fails to teach, wherein the panel comprises a pleat providing expandability to the cuff pocket.
Heile, a garment having a pocket, figure 1, teaches, wherein the panel comprises a pleat providing expandability to the cuff pocket (“I have also found it desirable to provide the normal pocket piece 15 with a pair of vertical inverted box plaits 22 which will permit it to bellows out when both the concealed and normal pocket compartments are employed. As I have heretofore described and illustrated I am able to secure a neat and attractive pocket for a shirt or blouse which, without in any way limiting the normal usefulness of the pocket, provides desirable special facilities which render the pocket much more handy and convenient.”, Col. 1 ln.77-87, therefore, wherein the panel comprises a pleat providing expandability to the cuff pocket, figures 1 and 3-5).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the panel of De Grazia with a pleat as taught by Heile in order to provide the panel the ability “to bellow[s] out”, Col. 2 ln. 79-80, thereby allowing for additional space within the cuff pocket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2020/0345090 by Zahradka discloses a garment with a cuff pocket extending on the inside of the sleeve.
2. 3,214,771 by Treiber discloses a garment with a cuff pocket extending on the inside of the sleeve.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-5:00.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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