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 19-23 are presented for examination. Claims 11, 12, 17 and 18 have been withdrawn. Claims 21-23 are newly added.
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 1, 2, 4-5, 10, 13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia(1,564,897) in view of Wohl et al. (2,274,510)[Wohl].
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).
DeGrazia fails to teach, wherein the cuff pocket extends within the interior along the outer side of the sleeve.
Wohl teaches, wherein the cuff pocket extends within the interior along the outer side of the sleeve (“The sleeve 5 is of conventional or approved design and is comprised of top and under sections 8 and 9 respectively.”, Col. 1 ln. 43-45, “An opening 15 is provided in the top section 8 of the sleeve proximate to the cuff line Ina and extends circumferentially thereover. A flap 18 0 connected to the upper marginal edge of the opening 15 is provided with a buttonhole 11 and is secured in position by a button 19 carried on the top section 8. A lining 20 is secured interiorly of the sleeve at the cuff line and at the lower marginal edge 21 of the opening 15 and forms with the top section 8, a pocket 22 arranged to accommodate the mitten 1, as will be hereinafter described.”, Col. 2 ln. 7-18, therefore, wherein 22 extends within the interior along the outer side 8 of 5, figures 1, 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 cuff pocket of De Grazia as extending along the outer side of the sleeve as taught by Wohl in order to provide the cuff pocket that allows the user to use the panel of De Grazia in a “folded back position, as shown in Figure 3, the marginal edge 241 of the face of the mitten lies substantially contiguous to the cuff line I0a, and a very neat and attractive appearance is presented without any bulge or deformation of the sleeve.”, Col. 2 ln. 33-38.
Regarding claim 2, the combined references teach, wherein the cuff edge and the floor share a seam (De Grazia, “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.”, Col. 2 ln. 9-16, therefore, wherein 12 and the floor share 21, figures 1 and 2).
Regarding claim 4, the combined references teach, wherein the outer side of the sleeve and the inner side of the sleeve (De Grazia, 11 has an outer side and an inner side, figures 2 and 4).
The combined references, fail to teach, wherein the outer side of the sleeve protrudes downwardly beyond the inner side of the sleeve.
Wohl further teaches, wherein the outer side of the sleeve protrudes downwardly beyond the inner side of the sleeve (“The sleeve 5 is of conventional or approved design and is comprised of top and under sections 8 and 9 respectively. The under section 9 terminates at the curl line 10, while the top section 8 has a continuation which forms the back 11 of the mitten. While this integral construction is preferable, it will be understood that the top section and the continuation may be formed of separate pieces joined as by a line of stitching. Secured to the marginal edges of the back 11 is a complementary member 12 which with the member 11 forms an envelope to receive the hand of a wearer. The mitten 1 is not connected with 66 the sleeve 5 over its whole circumference, but only along the top section 8 of the sleeve.”, Col. 1-2 ln. 43-2, therefore, wherein the outer side of 11 protrudes downwardly beyond the inner side of 11, figures 1, 2 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 outer side of the sleeve of De Grazia as protruding downwardly beyond the inner side of the sleeve as taught by Wohl in order to provide a hand covering for the user that is “permanently attached to the sleeve of a garment so that it cannot be lost by the wearer of the garment.”, Col. 1 ln. 4-7.
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 that is downwardly beyond and outside the interior of the sleeve (as combined above, wherein the cuff pocket 15 of De Grazia has a mouth within the interior (see De Grazia figures 2 and 4) and a floor (floor of 11 of Wohl) on the outer side of the sleeve (as taught by Wohl) that is downwardly beyond and outside the interior of the sleeve of De Grazia, see figures 2 and 4 of De Grazia and figures 2 and 4 of Wohl).
Regarding claim 10, the combined references teach, the panel (De Grazia, 15, figures 2 and 3) portions of the cuff edge (De Grazia, portions of 12) and a hand occupying the cuff pocket (De Grazia, cuff pocket of 15).
The combined references 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.
Wohl further 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 (“The sleeve 5 is of conventional or approved design and is comprised of top and under sections 8 and 9 respectively. The under section 9 terminates at the curl line 10, while the top section 8 has a continuation which forms the back 11 of the mitten. While this integral construction is preferable, it will be understood that the top section and the continuation may be formed of separate pieces joined as by a line of stitching. Secured to the marginal edges of the back 11 is a complementary member 12 which with the member 11 forms an envelope to receive the hand of a wearer. The mitten 1 is not connected with 66 the sleeve 5 over its whole circumference, but only along the top section 8 of the sleeve.”, Col. 1-2 ln. 43-2, therefore, wherein 11 is configured to protrude downwardly beyond at least portions of 10 in response to a hand occupying the cuff pocket of 11, figures 2 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 panel of De Grazia as protruding downwardly beyond at least portions of the cuff edge as taught by Wohl in order to provide a hand covering for the user that is “permanently attached to the sleeve of a garment so that it cannot be lost by the wearer of the garment.”, Col. 1 ln. 4-7.
Regarding claim 13, the combined references teach, wherein the cuff pocket has a mouth within the interior of the sleeve and a floor (De Grazia, wherein the cuff pocket of 15 has a mouth within the interior of 11 and a floor, figures 1-4).
The combined references, fail to teach, wherein the cuff pocket has a floor that is downwardly beyond and outside the interior of the sleeve.
Wohl further teaches, wherein the cuff pocket has a mouth within the interior of the sleeve and a floor that is downwardly beyond and outside the interior of the sleeve (“The sleeve 5 is of conventional or approved design and is comprised of top and under sections 8 and 9 respectively. The under section 9 terminates at the curl line 10, while the top section 8 has a continuation which forms the back 11 of the mitten. While this integral construction is preferable, it will be understood that the top section and the continuation may be formed of separate pieces joined as by a line of stitching. Secured to the marginal edges of the back 11 is a complementary member 12 which with the member 11 forms an envelope to receive the hand of a wearer. The mitten 1 is not connected with 66 the sleeve 5 over its whole circumference, but only along the top section 8 of the sleeve.”, Col. 1-2 ln. 43-2, therefore, wherein 11 has a mouth within the interior of the sleeve and a floor that is downwardly beyond and outside the interior of the sleeve, figures 1, 2 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 floor of De Grazia as a floor that is downwardly beyond and outside the interior of the sleeve as taught by Wohl in order to provide a hand covering for the user that is “permanently attached to the sleeve of a garment so that it cannot be lost by the wearer of the garment.”, Col. 1 ln. 4-7.
Regarding claim 15, 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 6-9, 14, 16, and 20-23 are rejected under 35 U.S.C. 103 as being unpatentable over De Grazia(1,564,897) in view of Wohl et al. (2,274,510)[Wohl] in view of Johnson (2016/0150847).
Regarding claim 6, the combined references teach, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve (De Grazia, wherein 12 has a first edge portion extending perpendicular to a centerline of 11) and the floor (the floor of 11 of Wohl, see Wohl figures 2 and 4).
The combined references fail to teach, the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion.
Johnson teaches, the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion (the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion, annotated figure 4, figures 3 and 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 edge and floor of the combined references with a downwardly angled edge portion that downwardly slopes as taught by Johnson in order to provide the user a cuff edge that provides the user with a hand covering that is “positionable between a first position 152, a second position 154, and a third position 156.”, [0036], where “In the first position 152, the outer cuff 140 and the elastic member 138 are folded with the hand covering 144 over the sleeve 110. The elastic member 138 holds the hand covering 144 and the outer cuff 140 in the first position 152 until the user manually unfolds the hand covering 144 into the second position 154.”, [0037], “In the second position 154, the second surface 159 remains in face-to-face engagement with the second panel 148 and the hand covering 144 is extended away from the sleeve 110. In an embodiment, the hand covering 144 rotates or folds away from the sleeve 110 and toward the wearer's hands.” [0038] and “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
Regarding claim 7, the combined references teach, wherein the cuff edge (De Grazia, 12) and the floor (the floor of 11 of Wohl, see Wohl figures 2 and 4).
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.
Johnson 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 (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, annotated figure 4, figures 3 and 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 edge and floor of the combined references with a downwardly angled edge portion that downwardly slopes as taught by Johnson in order to provide the user a cuff edge that provides the user with a hand covering that is “positionable between a first position 152, a second position 154, and a third position 156.”, [0036], where “In the first position 152, the outer cuff 140 and the elastic member 138 are folded with the hand covering 144 over the sleeve 110. The elastic member 138 holds the hand covering 144 and the outer cuff 140 in the first position 152 until the user manually unfolds the hand covering 144 into the second position 154.”, [0037], “In the second position 154, the second surface 159 remains in face-to-face engagement with the second panel 148 and the hand covering 144 is extended away from the sleeve 110. In an embodiment, the hand covering 144 rotates or folds away from the sleeve 110 and toward the wearer's hands.” [0038] and “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
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).
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 (De Grazia, 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 14, the combined references teach, wherein the cuff edge (De Grazia, 12) and the floor (the floor of 11 of Wohl, see Wohl figures 2 and 4).
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.
Johnson 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 (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, annotated figure 4, figures 3 and 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 edge and floor of the combined references with a downwardly angled edge portion that downwardly slopes as taught by Johnson in order to provide the user a cuff edge that provides the user with a hand covering that is “positionable between a first position 152, a second position 154, and a third position 156.”, [0036], where “In the first position 152, the outer cuff 140 and the elastic member 138 are folded with the hand covering 144 over the sleeve 110. The elastic member 138 holds the hand covering 144 and the outer cuff 140 in the first position 152 until the user manually unfolds the hand covering 144 into the second position 154.”, [0037], “In the second position 154, the second surface 159 remains in face-to-face engagement with the second panel 148 and the hand covering 144 is extended away from the sleeve 110. In an embodiment, the hand covering 144 rotates or folds away from the sleeve 110 and toward the wearer's hands.” [0038] and “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
Regarding claim 16, the combined references teach, wherein the cuff edge has a first edge portion extending perpendicular to a centerline of the sleeve (De Grazia, wherein 12 has a first edge portion extending perpendicular to a centerline of 11) and the floor (the floor of 11 of Wohl, see Wohl figures 2 and 4).
The combined references fail to teach, the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion.
Johnson teaches, the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion (the cuff edge has a second edge portion that downwardly slopes from the first edge portion and wherein the floor downwardly slopes along the second edge portion, annotated figure 4, figures 3 and 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 edge and floor of the combined references with a downwardly angled edge portion that downwardly slopes as taught by Johnson in order to provide the user a cuff edge that provides the user with a hand covering that is “positionable between a first position 152, a second position 154, and a third position 156.”, [0036], where “In the first position 152, the outer cuff 140 and the elastic member 138 are folded with the hand covering 144 over the sleeve 110. The elastic member 138 holds the hand covering 144 and the outer cuff 140 in the first position 152 until the user manually unfolds the hand covering 144 into the second position 154.”, [0037], “In the second position 154, the second surface 159 remains in face-to-face engagement with the second panel 148 and the hand covering 144 is extended away from the sleeve 110. In an embodiment, the hand covering 144 rotates or folds away from the sleeve 110 and toward the wearer's hands.” [0038] and “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
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 panel 15, 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].
Regarding claim 21, the combined references teach, the cuff pocket extends along a facing side of the sleeve (De Grazia, the cuff pocket of 15 extends along a facing side of 11, figures 2 and 4).
The combined references fail to teach, wherein the cuff pocket extends along the rearward facing side of the sleeve.
Johnson further teaches, wherein the cuff pocket extends along the rearward facing side of the sleeve (“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.”, [0034], “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. “, [0035], “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039], therefore, wherein 150 extends along the rearward facing side of 110, figures 3-6).
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 extending along the rearward facing side of the sleeve as taught by Johnson in order to provide a cuff pocket that “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
Regarding claim 22, the combined references teach, wherein the rearward side of the sleeve protrudes downwardly beyond the forward facing side of the sleeve (as combined above as taught by Johnson, wherein the rearward side of 11 of De Grazia protrudes downwardly beyond the forward facing side of the sleeve, see Johnson figures 3-6).
Regarding claim 23, the combined references teach, wherein the cuff pocket extends within the interior along the sleeve (De Grazia, the cuff pocket of 15 extends along a facing side of 11, figures 2 and 4).
The combined references fail to teach, along the outer side of the sleeve
Johnson further teaches, wherein the cuff pocket extends along the outer side of the sleeve (“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.”, [0034], “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. “, [0035], “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039], therefore, wherein 150 extends along the outer side of 110, figures 3-6).
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 extending along the outer side of the sleeve as taught by Johnson in order to provide a cuff pocket that “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, [0039].
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over De Grazia (1,564,897) in view of Wohl et al. (2,274,510)[Wohl] in view of Heile (1,982,100).
Regarding claim 19, the combined references teach10, the panel (De Grazia, 15, figures 2 and 4) the cuff pocket (De Grazia, the cuff pocket of 15, figures 2 and 4).
The combined references 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.
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Response to Arguments
In response to Applicant’s argument that:
“The Office Action has failed to establish a prima facie case of anticipation by incorrectly characterizing what is actually disclosed by J. De Grazia . Figure 1 1, shown below, does not indicate the location of cuff pocket 15.”.
Applicant’s argument has been fully considered upon further consideration, a new ground(s) of rejection is made De Grazia in view of Wohl, see Office Action above.
In response to Applicant’s argument that:
“J. De Grazia goes on to explicitly state: it is preferred that the pockets 15 be located on the inner sides of the sleeves 11. This arrangement is desired so that the normally partially flexed fingers 22 tend to seek the interior of the pockets after the hands 23 have been withdrawn into the sleeves 11 and upwardly flexed or as the garment is being put on. Thus, not only does J. De Grazia explicitly teach that pocket 15 is on the inner side, not the outer side of the sleeve, J. De Grazia also expressly teaches away from locating the pocket on the outer side of the sleeve. (See In re Gordon, 733 F.2d 900 (Fed. Dir. 1984); W.L. Gore & Assocs. V. Garlock, 721 F.2d 1540 (Fed. Cir. 1983); In re Ratti, 270 F.2d 810 (CCPA 1959), Medtronic V. Teleflex, 2023 (Fed Cir.); Intel V. Qualcomm, 21 F.4th 784 (Fed. Cir. 2021).”.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here, Applicant argues that De Grazia teaches away from locating the pocket on the outer side of the sleeve, while it may be true that De Grazia teaches the pocket on the inner side of the sleeve, De Grazia discloses in Col. 2 ln. 14-16 (which Applicant has included in the argument) that “it is preferred that the pockets 15 be located on the inner sides of the sleeves 11.”, here De Grazia does not “explicitly state” as argued that the pocket cannot be on the outer side of the sleeve since there is no language in De Grazia that explicitly discloses that the pocket cannot located on the outer side of the sleeve. Examiner provides the references of De Grazia which teaches a pocket that extends within the interior of the sleeve and provides the Wohl reference which teaches a pocket that is along the outer side of the sleeve and the examiner has provided a complete and sufficient obviousness rejection complete with a teaching, suggestion, or motivation to combine the references of De Grazia and Wohl. Further, the test for teaching away is if the results were unpredictable or if the combination was specifically criticized, discredited, or otherwise discouraged. See MPEP § 2141.02, 2143.01. De Grazia teaches a pocket that extends within the interior of the sleeve and provides the Wohl reference which teaches a pocket that is along the outer side of the sleeve, in which Examiner properly combined with Wohl. Applicant’s argument in light of the MPEP guidelines illustrate that De Grazia cannot be said to teach away from the teaching of Wohl (a pocket that is along the outer side of the sleeve). Therefore, Applicant’s argument is unpersuasive.
Applicant’s arguments, regarding claim 4, 14 and 16, have been fully considered upon further consideration, a new ground(s) of rejection is made and the new ground of rejection does not rely on the Binder reference, see Office Action above.
Applicant’s arguments, regarding claims 5-8, have been fully considered upon further consideration, a new ground(s) of rejection is made and the new ground of rejection does not rely on the Binder or Buenos references, see Office Action above.
In response to Applicant’s argument that:
“In rejecting claim 20, the Office Action acknowledges that J. De Grazia fails to disclose either the claimed elastomeric panel forming the pocket or the claimed floor of the pocket that is downwardly beyond and outside the interior. As a result, the Office Action attempts to additionally rely upon Johnson by contending that it would be obvious to relocate the pocket floor of J. De Grazia downwardly beyond and outside the interior of the sleeve as allegedly taught by Johnson "such at the wearer can insert at least a portion of the wearer's hand through the opening 142 and into the hand covering 144". (Office Action, page 18).
However, the Office Action has failed to establish a prima facie case of
obviousness by (1) either incorrectly characterizing what is actually disclosed by Johnson or by failing to address the actual claim limitations; and (2) failing to articulate a valid rationale that would one skilled the art to modify J. De Grazia based upon Johnson so as to satisfy the actual claim limitations.”.
Examiner respectfully disagrees. Examiner provides the references of De Grazia and Johnson to teach the argued claim limitation “an elastomeric panel secured within the interior proximate to the cuff to form a pocket, the pocket having a mouth within the interior and a floor downwardly beyond and outside the interior”. Here, the De Grazia reference is provided to teach a panel 15 secured within the interior proximate to the cuff to form a pocket, the pocket having a mouth within the interior and a floor and provides the Johnson reference to teach an elastomeric panel which forms a pocket, and a floor downwardly beyond and outside the interior. See Office Action above. The examiner has offered the two references of De Grazia and Johnson that teach the argued claimed structure and has provided a complete and sufficient obviousness rejection complete with a teaching, suggestion, or motivation to combine the references. Therefore, Applicant’s arguments are unpersuasive.
In response to Applicant’s argument that:
“1. Neither J. De Grazia nor Johnson disclose a pocket having a mouth
within the interior of a sleeve and a floor downwardly beyond and
outside the interior. Claim 20 requires that the pocket have a mouth within the interior the sleeve and a floor downwardly beyond and outside the interior. The pocket of J. De Grazia does not have a floor outside the interior of the sleeve. As clearly shown by Figure 4 of Johnson below, the pocket of Johnson does not have a mouth within the interior of the sleeve.”.
Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). This particular rejection is made as unpatentable over De Grazia in view of Johnson. The De Grazia reference is provided to teach a pocket having a mouth within the interior of a sleeve and the Johnson reference is provided to teach a floor downwardly beyond and outside the interior. The examiner has offered the two references of De Grazia and Johnson that teach the argued claimed structure and has provided a complete and sufficient obviousness rejection complete with a teaching, suggestion, or motivation to combine the references. Therefore, Applicant’s arguments are unpersuasive.
In response to Applicant’s argument that:
“2. The Office Action fails to articulate valid rationale for modifying J.
De Grazia based upon Johnson.The Office Action contends it would be obvious to somehow relocate the floor of the internal pocket of J. De Grazia downwardly beyond and outside the interior of the sleeve of J. De Grazia based upon Johnson's teaching of an external pocket "such that the wearer can insert at least a portion of wearer's hand through the opening 142 and into the hand covering 144".
However, without any modification, J. De Grazia already provides the ability for the person to insert his or her hand into the internal pocket.
Moreover, nowhere does Johnson remotely disclose or suggest that its pocket or hand covering portion 144 could somehow alternatively be located within the interior of the sleeve or have a mouth within the interior of the sleeve. None of the prior art teaches a pocket having a mouth within the interior of the sleeve AND a floor beyond and outside the interior of the sleeve. The Office Action has failed to present any evidence that such a configuration was common knowledge known to those of ordinary skill in the art. Modifying J. De Grazia based upon the actual teaching of Johnson would simply result in the hand covering portion 144 being located on the exterior of the sleeve, destroying the principle of operation and intended functioning of Johnson. Alternatively, modifying J. De Grazia based upon the actual teaching of Johnson to locate the mouth of the pocket of J. De Grazia within the sleeve would destroy the principle of operation and intended functioning of J. De Grazia. What the Office Action attempts to do is improperly, without any articulated justification, pick and choose selected features from two completely different sleeve configurations that function in completely different manners. The rejection should be withdrawn as it is based upon impermissible hindsight reasoning using Applicant's own disclosure as a blueprint.
Examiner respectively disagrees. Examiner provides the De Grazia reference is provided to teach a pocket having a mouth within the interior of a sleeve, the pocket having a floor and the Johnson reference is provided to teach a pocket having a floor downwardly beyond and outside the interior. De Grazia discloses in Col. 1 ln. 30-33 “a garment sleeve having a pocket capable of accommodating a hand, a glove or gloved hand, said docket being located interiorly of the sleeve in the region of the wrist opening”, and Johnson in [0039] discloses “In the third position 156, the first panel 146 is rotated or folded over the second panel 148 such that at least a portion of the first surface 158 is in face-to-face engagement with the second panel 148. The pouch 150 is aligned with the opening 142 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. In the illustrated embodiment, a portion of the first panel 146 overlaps the outer cuff 140 to better cover the wearers' hand. The wearer can keep their palm inside the wrist portion 134 and insert a portion of their fingers in the pouch 150. The overlapping portion of the hand covering 144 at least partially closes the opening 142 and protects the wearers' hands from the environment.”, in which both references of De Grazia and Johnson provide a sleeve having a pocket with a floor. Therefore, it is well within the skill of one of ordinary skill in the art, to look to the references of De Grazia which discloses a pocket having a mouth within the interior of a sleeve and Johnson which discloses a pocket having a floor downwardly beyond and outside the interior, the combined the teaching of the pocket floor of Johnson with the pocket of De Grazia as claimed. Therefore, applicant’s argument is unpersuasive.
Further, In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). This particular rejection is made as unpatentable over De Grazia in view of Johnson. The De Grazia reference is provided to teach a pocket having a mouth within the interior of a sleeve, the pocket of De Grazia having a floor and the Johnson reference is provided to teach a floor downwardly beyond and outside the interior. The examiner has offered the two references of De Grazia and Johnson that teach the argued claimed structure and has provided a complete and sufficient obviousness rejection complete with a teaching, suggestion, or motivation to combine the references. Therefore, Applicant’s arguments are unpersuasive.
Applicant’s arguments, regarding claims 10 and 13, have been fully considered upon further consideration, a new ground(s) of rejection is made and the new ground of rejection does not rely on the Buenos reference, see Office Action above.
Applicant’s arguments, regarding claim 19, Applicant fails to form a specific argument against the applicability of the Heile reference and amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the reference. The Heile reference is relied on in the instant prior art rejection.
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 JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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