DETAILED ACTION
Claims 3-7, 9-18, 21, 23 are pending. Claims 4-7, 9-16 , and 21 are amended. Claim 8 is cancelled.
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 6, 2026 has been entered.
Response to Amendment
This office action is responsive to the amendment filed on March 6, 2026. As directed by the amendment: claims 4-7, 9-16 , and 21 have been amended, claim 8 has been cancelled. Thus, claims 3-7, 9-18, 21, 23 are presently pending in this application with claims 10, 17, 18, and 23 being withdrawn from consideration.
Applicant’s amendment to the claims has overcome the drawing objections.
Applicant’s amendment to the claims has overcome the claim objections.
Applicant’s amendment to the claims has overcome the 35 USC §102(a)(1) and §103 rejections however additional rejections are made as detailed below.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 9 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 9 recites “the body portion of the user”. There is insufficient antecedent basis for this limitation in the claim. It is unclear if there is an omission of a previously recited element or if “the” should be changed to “a”.
Claim 12 recites that one of the inner or outer sleeves is transparent “to permit a user to visually identify a portion of the annular flexible wearable layer within the intermediate annular space”. It is unclear how making the inner sleeve transparent would permit a user to visually identify the annular flexible wearable layer as the inner layer would be covered by the outer layer.
The dependent claims inherit(s) the deficiency by nature of dependency.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 21, 3, 9, 11, and 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrington et al. (US 20160332711) in view of Spanel (US 2119499).
Regarding claim 21, Harrington describes a sealing assembly for garments to sealingly connect a sealing arrangement (upper section 13, inner cuff 47, outer cuff 48) and an annular flexible wearable layer (sleeve 45), said sealing assembly comprising the sealing arrangement and the annular flexible wearable layer, said annular flexible wearable layer having a radial thickness defined by an inner annular surface and an outer annular surface thereof (45 has a thickness), said sealing arrangement having an annular base portion, an inner circumferential sleeve (47) extending from the annular base portion (portion of 13), and an outer circumferential sleeve (48) extending from the annular base portion (see annotated Fig. 29, slightly less than full width of upper section 13) , each one of the inner and outer circumferential sleeves having a proximal portion and a distal portion (see annotated Fig. 29) in relation to the annular base portion, said proximal portions extending radially spaced apart from the annular base portion (are radially spaced, the exterior surface, facing away from each other, of the proximal portions are spaced slightly from the inner and outer surfaces of the sleeve, and the interior surfaces, facing towards each other, are spaced from the inner and outer surfaces of the sleeve and thus each components is radially spaced inasmuch as claimed),
wherein at least an inner circumference of the distal portion of the outer circumferential sleeve is smaller than an outer circumference of the annular flexible wearable layer as measured when the annular flexible wearable layer is arranged about the distal portion of the inner circumferential sleeve (see Fig. 29, extends inward form the flexible layer 45, furthermore the layers are frictionally connected, para. 0082, furthermore the outer circumference sleeve is smaller than the underlying inner sleeve, and thus must be smaller than the flexible layer, para. 0017)
wherein the outer circumferential sleeve is configured to be turnable about an annular imaginary line and between an open position and a sealing-connecting position relative to the inner circumferential sleeve, in which at least a portion of the outer circumferential sleeve is superposed the inner circumferential sleeve (Harrington describes how to interleave the components to assemble the components (para. 0064). The sleeve is donned and folded (see Fig. 4), next the body piece is donned, and the upper flap is folded (see Fig. 5), next the sleeve is folded over the lower flap (see Fig. 6), and finally the user folds the upper flap down (see Fig. 7). Harrington also describes that the components could be interleaved in different manners (para. 0064) with the same structure or different structures),
wherein, in the sealing-connecting position, a difference between the inner circumference of the distal portion of the outer circumferential sleeve and the outer circumference of the distal portion of the inner circumferential sleeve provides a friction fit over a portion of the annular flexible wearable layer (frictionally held, para. 0017),
wherein the distal portion of the inner circumferential sleeve comprises an end surface (has an end surface).
Harrington does not explicitly describe wherein the distal portion of the outer circumferential sleeve comprises a radial rib end portion that, when the outer circumferential sleeve is turned into the sealing- connecting position, (i) extends axially beyond the distal portion of the inner circumferential sleeve, and (ii) extends radially inwards to at least partially cover the distal end surface of the inner circumferential sleeve.
In related art, wherein the distal portion of the outer circumferential sleeve comprises a radial rib end portion (ridge 72) that, when the outer circumferential sleeve is turned into the sealing- connecting position, (i) extends axially beyond the distal portion of the inner circumferential sleeve (as modified is on the end of the outer circumferential sleeve, which extends beyond the inner circumferential sleeve), and (ii) extends radially inwards to at least partially cover the distal end surface of the inner circumferential sleeve (extends radially inward).
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the end of the outer circumferential sleeve to include the rib 72 as described in Spanel in order to provide reinforcement to increase the strength of the sleeve at the opening thereof (Spanel, p. 3, ll. 50-55).
PNG
media_image1.png
656
826
media_image1.png
Greyscale
Regarding claim 3, Harrington as modified describes the sealing arrangement according to claim 21, wherein, in said sealing-connecting position, the proximal portions are configured to collectively define an intermediate annular space for accommodating a portion of the annular flexible wearable layer (define location into which the flexible layer is accommodated).
Regarding claim 9, Harrington as modified describes the sealing arrangement according to claim 21, wherein the outer circumferential sleeve (47) is arranged along an outer circumferential side (is on the outer circumferential side) of the annular base portion facing away from the body portion of the user during use of the sealing arrangement (outer circumference of the base portions faces away from the user, depending on how the user moves their arm).
Regarding claim 11, Harrington as modified describes the sealing arrangement according to claim 21, wherein any one of the inner and outer circumferential sleeves is attached to the annular base portion (are each attached to the base portion).
Regarding claim 13, Harrington as modified describes the sealing arrangement according to claim 21, wherein the outer circumferential sleeve (is configured to be foldable sleeves are formed of the same material as that of the flaps of the torso portion, and thus are adapted to fold, para. 0017, para. 0015) between the open position, in which the outer circumferential sleeve is arranged radially atop a portion of the annular base portion, and the sealing-connecting position, in which the outer circumferential sleeve is arranged radially atop a portion of the inner circumferential sleeve (see Fig. 29).
Regarding claim 14, Harrington as modified describes the sealing arrangement according to claim 21, wherein each one of the annular base portion, inner circumferential sleeve and outer circumferential sleeve is made of a flexible material (neoprene, para. 0017).
Regarding claim 15, Harrington describes the sealing arrangement according to claim 21, wherein the inner circumferential sleeve (47) comprises a sealing surface (inner surface facing the outer sleeve) and the outer circumferential sleeve comprises a corresponding sealing surface (inner surface facing the inner sleeve), whereby at least any one of a portion of the sealing surface of the inner circumferential sleeve and a portion of the sealing surface of the outer circumferential sleeve is arranged in contact with the annular flexible wearable layer (45), when the outer circumferential sleeve is in the sealing-connecting position, so as to form a fluid-tight seal configuration therebetween (see Fig. 29, para. 0023, water-tight seal).
Claim 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrington et al. (US 20160332711) in view of Spanel (US 2119499) and Ruby (US 20180306540).
Regarding claim 12, Harrington describes the sealing arrangement according to claim 3, but does not explicitly describe wherein the proximal portion of any one of one of the inner and outer circumferential sleeves comprises an essentially radially transparent region configured to permit a user to visually identify a portion of the annular flexible wearable layer within the intermediate annular space.
Ine related art for sealing assemblies, Ruby describes a pair of gloves that may be either opaque or transparent.
It would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the sleeve portions to be transparent as suggested in Ruby as such a modification is a simply substitution of one material for another with expected results. That is, modifying the material to be translucent would not be met with unexpected results, but rather would be met with predictable results. Furthermore, one may modify the material to be translucent for purposes of aesthetics.
Claim 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrington et al. (US 20160332711) in view of Spanel (US 2119499) and In view of Smith (US 6651257).
Regarding claim 16 sealing arrangement according to claim 21, but does not explicitly describe wherein the annular base portion and the outer circumferential sleeve are a one-piece module and the inner circumferential sleeve is a separate part attached to the annular base portion.
In related art for sealing arrangements, Smith describes various embodiments where the outer circumferential sleeve could be integral with the base portion and the inner circumferential sleeve is separated attached (Fig. 2C), the opposite configuration (Fig. 3C) or wear both are separate components (Fig. 5C) and describes that the different embodiments are utilized depending on the desired properties to be achieved (col. 6, ll. 20-47).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the time of filing the instant application to modify the connection to the base portion to be continuous depending on where it is in the garment and the desired outcome (see para. 0014 of Harrington describing different material for the upper portion than the lower portion with breathable polymer material compared to neoprene).
Allowable Subject Matter
Claims 4-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Examiner note
In the event of allowable subject matter with rejoinder, the claims must be in condition for allowance before rejoinder will occur. Specifically, claim 10 includes language that would need to be rectified prior to rejoinder. It is unclear what “an inner circumferential side” refers to.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK J LYNCH whose telephone number is (571)272-1145. The examiner can normally be reached on M-Th, Alt F: 8:00 AM-5:00 PM ET.
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, Clint Ostrup can be reached on 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
Prosecution Insights