DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
EXAMINER’S NOTE
The Examiner notes that the pending application is replete with grammatical errors, indefinite language, and lack of antecedence errors that has made thorough examination remarkably challenging. The application has been interpreted to the best of the Examiner’s ability when considered as a whole, but the Examiner notes that the succeeding rejections may not be conclusive. The Examiner respectfully requests that the Applicant review every single claim for compliance with 37 CFR 1.112, 37 CFR 1.121(d), and 35 U.S.C 112(b) so as to facilitate a clear understanding of the claimed invention and for proper application of prior art.
Status of Claims
This Office Action is in response to claims 1-15, filed 31 May 2024, which are pending in this application.
Drawings
The drawings are objected to because the drawings are hard to visualize.
Figs. 1A-8 contain text and features that are difficult to read. For example, all figures show light gray tones, near-transparent and digitized text, and small lines that are hard to decipher/see.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
Fig. 1A: “10K”
Fig. 3A: “20in” and “20out”
Fig. 3B: “20in”
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters mark the same structure in the same figure.
Fig. 2 & 5: “50” and “50H”
Fig. 3A & 8: “10” and “10Y”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
The following reference characters are not found in the Specification:
“10K”, “20in”, and “20out”
Appropriate correction is required.
Claim Objections
Claim(s) 1, 4, 7-9, and 12 is/are objected to because of the following informalities:
Independent Claim 1, lines 4-6, should recite, “wherein the clothing body includes a front portion located anteriorly to face [[the]]a wearer's chest and abdomen, and a rear portion located posteriorly to face [[the]]a wearer's back, in a state worn by the wearer”.
Independent Claim 1, lines 8-9, should recite, “having a first air-conditioning hole passing through between [[the]]an inner and outer surfaces of the clothing body”.
Independent Claim 1, lines 17-19, should recite, “and a collar portion provided at [[the]]an upper end of the clothing body, wherein the collar portion extends upward and covers at least [[the]]a back of [[the]]a wearer's head above [[the]]a wearer's neck when the air-conditioning clothing is worn by the wearer”.
Independent Claim 1, lines 25-26, should recite, “towards between [[the]]an inner surface of the collar portion and the back of the wearer's head above the wearer's neck, and wherein the collar portion has a shape that covers at least [[the]]a rear of the wearer's head”
Claim 4 should recite, “wherein the collar portion is continuously provided from [[the]]an upper end of the rear portion of the clothing body to [[the]]an upper end of the front portion of the clothing body.”
Claim 7 should recite, “wherein an expanded planar shape of the collar portion is symmetrical in [[the]]a lateral direction of the collar portion, wherein a height from the lower end to the upper end of a central portion in [[the]]a horizontal direction of the collar portion is [[the]] highest, and wherein a height from the lower end to the upper end of both ends of the collar portion in the horizontal direction is [[the]] lowest.”
Claim 8 should recite, “wherein an upper end of a planar shape obtained by expanding the collar portion is convex, and wherein a[[n]] lower end of a planar shape obtained by expanding the collar portion is concave.”
Claim 9, lines 2-6, should recite, “wherein the collar portion comprises[[;]]: a first fabric forming an inner surface of the collar portion[[;]], a second fabric forming an outer surface of the collar portion[[;]], an inner core member that is fixed to at least one of the first fabric and the second fabric and constitutes the reinforcing member[[,]];”.
Claim 12 should recite, “wherein when an end portion of the first fabric at the first folded portion and an end portion of the second fabric at the second folded portion are sewn together continuously at a third seam, the third seam is located along the first seam and closer to the upper end of the collar portion than the first seam[[,]]; and wherein when [[the]]an end portion of the first fabric at the third folded portion and [[the]]an end portion of the second fabric at the fourth folded portion are sewn together continuously at a fourth seam, the fourth seam is located along the second seam and closer to the lower end of the collar portion than the second seam.”
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“first attaching portion” and “second attaching portion” in claim 1
“reinforcing core member” in claims 14-15
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112(b)
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.
Claim(s) 1, 5-6, 8-11, and 14 (and claims 2-4, 7, 12-13, and 15 at least for depending from a rejected claim) is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Independent Claim 1 is/are indefinite as it/they recite(s) “a first attaching portion provided at the rear portion of the clothing body and having a first air-conditioning hole passing through between the inner and outer surfaces of the clothing body”. It is unclear if the first attaching portion or the rear portion of the clothing body has the first air-conditioning hole. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a first attaching portion provided at the rear portion of the clothing body and the first attaching portion having a first air-conditioning hole passing through between [[the]]an inner and outer surfaces of the clothing body”.
Independent Claim 1 is/are indefinite as it/they recite(s) “a second attaching portion provided at the rear portion of the clothing body and having a second air-conditioning hole passing through between the inner and outer surfaces of the clothing body”. It is unclear if the second attaching portion or the rear portion of the clothing body has the second air-conditioning hole. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a second attaching portion provided at the rear portion of the clothing body and the second attaching portion having a second air-conditioning hole passing through between the inner and outer surfaces of the clothing body”.
Claim 5 is/are indefinite as it/they recite(s) “wherein a height of the collar portion gradually decreases from a portion of the collar portion facing a temporal portion of the wearer toward anteriorly”. It is unclear if “toward anteriorly” is meant to infer that the collar portion decreases in height from temporal to anterior with regards to the wearer’s axial positioning or if “toward anteriorly” is meant to infer that the collar portion decreases in height from temporal to anterior with relation to the collars position on the wearer. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein a height of the collar portion gradually decreases from a portion of the collar portion facing a temporal portion of the wearer toward a portion of the collar portion facing an anterior portion of the wearer”.
Claim 6 is/are indefinite as it/they recite(s) “wherein a height of the collar portion gradually decreases toward anteriorly, above the upper end of the front portion of the clothing body”. It is unclear if “toward anteriorly” is meant to infer that the collar portion decreases in height from temporal to anterior with regards to the wearer’s axial positioning or if “toward anteriorly” is meant to infer that the collar portion decreases in height from temporal to anterior with relation to the collars position on the wearer. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein a height of the collar portion gradually decreases toward a portion of the collar portion facing an anterior portion of the wearer, above the upper end of the front portion of the clothing body”.
Claim 8 is/are indefinite as it/they recite(s) “wherein an upper end of a planar shape obtained by expanding the collar portion is convex, and wherein an lower end of a planar shape obtained by expanding the collar portion is concave”. It is unclear if the two planar shapes created by expanding the collar portion are the same as the “expanded planar shape” of claim 7, from which claim 8 depends. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein an upper end of a planar shape obtained by expanding the collar portion is convex, and wherein a[[n]] lower end of a planar shape obtained by expanding the collar portion is concave” where the planar shapes are the same as “an expanded planar shape” of claim 7.
Claim 9 is/are indefinite as it/they recite(s) “a first fabric forming an inner surface of the collar portion… an inner core member that is fixed to at least one of the first fabric and the second fabric and constitutes the reinforcing member”. It is unclear if the first fabric is forming the same inner surface of the collar portion previously recited in claim 1 (from which claim 9 ultimately depends) or if this is a new/different inner surface of the collar portion. Further, it is unclear if the inner core member is actually fixed to both the first fabric and the second fabric, or if the inner core member is fixed to either of the first fabric or the second fabric. Further, it is unclear if the inner core member is a reinforcing cloth or interlining, as is stated in claim 3. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “a first fabric forming [[an]]the inner surface of the collar portion… an inner core member that is fixed to at least one of the first fabric [[and]] or the second fabric and constitutes the reinforcing member” and the inner core member is also a reinforcing cloth or interlining.
Claim 10 is/are indefinite as it/they recite(s) “wherein the collar portion further includes a storage section provided in the first fabric on an inner surface of the collar portion”. It is unclear if the first fabric is forming the same inner surface of the collar portion previously recited in claims 1 and/or 9 (from which claim 10 depends) or if this is a new/different inner surface of the collar portion. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein the collar portion further includes a storage section provided in the first fabric on [[an]]the inner surface of the collar portion”.
Claim 11 is/are indefinite as it/they recite(s) “wherein, in a state where a first folded portion, obtained by folding back an upper end of the first fabric so as to sandwich an upper end of the inner core member, and a second folded portion, obtained by folding back an upper end of the second fabric, are pasted together, the first folded portion and the second folded portion are continuously sewn together with the upper end of the inner core member at a first seam along the upper edge of the collar portion, from the inner surface to the outer surface of the collar portion, and wherein, in a state where a third folded portion obtained by folding back a lower end of the first fabric so as to sandwich an lower end of the inner core member, and a fourth folded portion obtained by folding back an lower end of the second fabric, are stuck together, the third folded portion and the fourth folded portion are continuously sewn together with the lower end of the inner core member and the upper end of the clothing body at a second seam along the lower end of the collar portion, from the inner surface to the outer surface of the collar portion.” It is unclear if “a state” refers to the sewn end product or the first folded portion or the two folded portions (first folded portion and the second folded portions). Further, it is unclear if the claim is a process or a product considering the limitations “obtained by folding back”, “are pasted together”, “are continuously sewn”, and “are stuck together” appear to suggest a method of making the product. Further, it is unclear what structure is extending from the inner surface to the outer surface of the collar portion. Further, it is unclear what “stuck together” means. Further, it is again unclear what structure is extending from the inner surface to the outer surface of the collar portion. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “whereinwhen a first folded portion[[,]] obtained by folding back an upper end of the first fabric so as to sandwich an upper end of the inner core member[[,]] and a second folded portion[[,]] obtained by folding back an upper end of the second fabric, are pasted together, the first folded portion and the second folded portion are continuously sewn together with the upper end of the inner core member at a first seam along the upper edge of the collar portion, the first seam extending from the inner surface to the outer surface of the collar portion[[,]]; and whereinwhen a third folded portion obtained by folding back a lower end of the first fabric so as to sandwich an lower end of the inner core member[[,]] and a fourth folded portion obtained by folding back a[[n]] lower end of the second fabric, are stuck together, the third folded portion and the fourth folded portion are continuously sewn together with the lower end of the inner core member and the upper end of the clothing body at a second seam along the lower end of the collar portion, the second seam extending from the inner surface to the outer surface of the collar portion”, and the claim is a product-by-process claim.
Claim 14 is/are indefinite as it/they recite(s) “wherein the collar portion further includes a reinforcing core member that is harder than the first fabric and the second fabric”. It is unclear what “harder” means. It is unclear if “harder” means the reinforcing core member is more stiff, rigid, dense, solid, firm, or stronger than the first fabric and the second fabric. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “wherein the collar portion further includes a reinforcing core member that is harder than the first fabric and the second fabric” where “harder” means the reinforcing core member is stiff, rigid, dense, solid, firm, or strong.
Clarification is respectfully requested.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujioka JP 2022101470 A.
Regarding Independent Claim 1, Fujioka discloses an air-conditioning clothing (Figs. 1A-13 #100), for air-conditioning an inner space that exists between a wearer and the air-conditioning clothing that is worn by the wearer (Abstract), comprising: a clothing body (Figs. 1A-13 #10) that configured to be worn by the wearer (2nd paragraph), wherein the clothing body includes a front portion located anteriorly to face the wearer's chest and abdomen (Fig. 1A #10X), and a rear portion located posteriorly to face the wearer's back (Fig. 1B #10Y), in a state worn by the wearer (20th paragraph); a first attaching portion provided at the rear portion of the clothing body (Applicant’s “first attaching portion” has been interpreted under 35 USC 112(f). Applicant’s “first attaching portion” appears to be a location to fix a fan [per Applicant Drawings Figs. 1A-3 #T1 and Spec ¶0024]; Fujioka has a location to fix a fan, which are the same as the Applicant’s “first attaching portion”; see Figs. 1A-13 #T1) and having a first air-conditioning hole passing through between the inner and outer surfaces of the clothing body (Figs. 1A-13 #T1A); wherein the first attaching portion is removable with a first temperature adjustment device (26th paragraph, “first fan”) that takes outside air into the air-conditioning clothing through the first air-conditioning hole (26th paragraph), a second attaching portion provided at the rear portion of the clothing body (Applicant’s “second attaching portion” has been interpreted under 35 USC 112(f). Applicant’s “second attaching portion” appears to be a location to fix a fan [per Applicant Drawings Figs. 1A-3 #T2 and Spec ¶0034]; Fujioka has a location to fix a fan, which are the same as the Applicant’s “second attaching portion”; see Figs. 1A-13 #T2) and having a second air-conditioning hole penetrating between the inner and outer surfaces of the clothing body (Figs. 1-13 #T2A); wherein the first attaching portion is removably attached to a second temperature adjustment device (28th paragraph, “second fan”) that takes outside air into the air-conditioning clothing through the second air-conditioning hole (28th paragraph); and a collar portion (Figs. 1A-13 #20) provided at the upper end of the clothing body (Figs. 1A-1B), wherein the collar portion extends upward and covers at least the back of the wearer's head above the wearer's neck when the air-conditioning clothing is worn by the wearer (76th – 82nd paragraphs), wherein, when the air-conditioning clothing is air-conditioned (Abstract), an airflow passage (63rd-78th paragraphs) is formed through which outside air taken into the clothing body flows through the first air conditioning hole and the second air conditioning hole, in the airflow passage, the outside air passes through and flows through a rear air-conditioned space that exists between the rear portion of the clothing body and the back of the wearer, towards between the inner surface of the collar portion and the back of the wearer's head above the wearer's neck (63rd – 82nd and 125th – 131st paragraphs), and wherein the collar portion has a shape that covers at least the rear of the wearer's head (Figs. 1A-1B; 76th – 82nd paragraphs).
Examiner notes that italicized limitations in the Prior Art rejections are functional and do not positively recite a structural limitation, but instead require the ability of the structure to perform and/or function. As the Prior Art of Fujioka discloses the structure of the air-conditioning clothing, there would be a reasonable expectation for the air-conditioning clothing to perform such functions as explained after each functional limitation.
Regarding Claim 4, Fujioka discloses the air-conditioning clothing according to claim 1, wherein the collar portion is continuously provided from the upper end of the rear portion of the clothing body to the upper end of the front portion of the clothing body (Figs. 1A-13).
Regarding Claim 5, Fujioka discloses the air-conditioning clothing according to claim 4, wherein a height of the collar portion (Figs. 1A-1B) gradually decreases from a portion of the collar portion facing a temporal portion of the wearer toward anteriorly (Figs. 1A-1B).
Regarding Claim 6, Fujioka discloses the air-conditioning clothing according to claim 5, wherein a height of the collar portion gradually decreases toward anteriorly, above the upper end of the front portion of the clothing body (Figs. 1A-1B).
Regarding Claim 7, Fujioka discloses the air-conditioning clothing according to claim 6, wherein an expanded planar shape of the collar portion is symmetrical in the lateral direction of the collar portion (1A-1B, 7-8, 12-13), wherein a height from the lower end to the upper end of a central portion in the horizontal direction of the collar portion is the highest (Figs. 1A-1B, 7-8, 12-13), and wherein a height from the lower end to the upper end of both ends of the collar portion in the horizontal direction is the lowest (Figs. 1A-1B, 7-8, 12-13).
Regarding Claim 8, Fujioka discloses the air-conditioning clothing according to claim 7, wherein an upper end of a planar shape obtained by expanding the collar portion is convex (Fig. 1B #20 upper), and wherein an lower end of a planar shape obtained by expanding the collar portion is concave (Fig. 1B #20 lower).
Claim Rejections - 35 USC § 103
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(s) 2-3 and 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujioka as applied to claim 1 above, and further in view of Gray US 0882674.
Regarding Claim 2, Fujioka discloses the air-conditioning clothing according to claim 1, but does not expressly disclose wherein, in order to maintain the shape, the collar portion is partially or entirely provided with a reinforcing member.
Gray teaches a coat collar (Figs. 1-5 #B) wherein, in order to maintain the shape, the collar portion is partially or entirely provided with a reinforcing member (Figs. 2-5 #H).
Both Fujioka and Gray teach analogous inventions in the art of garments with collars. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Fujioka with the teachings of Gray such that the collar would have a reinforcing member so that the reinforcement member “shall prevent the wrinkling or sinking of the body of the coat immediately below the collar,” (Gray Pg. 1:17-20).
Regarding Claim 3, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 2, wherein the reinforcing member is a reinforcing cloth (Gray Pg. 1:91-95) or an interlining (Gray Pg. 1:91-95).
Regarding Claim 9, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 3, wherein the collar portion comprises; a first fabric (81st paragraph) forming an inner surface of the collar portion (Fig. 1A #20 inner surface); a second fabric (81st paragraph) forming an outer surface of the collar portion (Fig. 1A #20 outer surface); wherein the upper end of the clothing body is sandwiched and fixed between a lower end of the first fabric and a lower end of the second fabric (Figs. 1A-1B), thereby connecting the upper end of the clothing body and the lower end of the collar portion (Figs. 1A-1B).
Fujioka does not expressly disclose an inner core member that is fixed to at least one of the first fabric and the second fabric and constitutes the reinforcing member.
Gray teaches a coat collar (Figs. 1-5 #B) wherein an inner core member (Figs. 2-5 #H) that is fixed to at least one of the first fabric and the second fabric (Figs. 2-4) and constitutes the reinforcing member (Figs. 2-5 #H).
Both Fujioka and Gray teach analogous inventions in the art of garments with collars. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Fujioka with the teachings of Gray such that the collar would have an inner core member that is fixed to at least one of the first fabric and the second fabric and constitutes the reinforcing member “serves to hold the collar of the coat yieldingly against the collar of the shirt thereby preventing all wrinkling and causing the coat to have the appearance of having been made by a skillful tailor,” (Gray Pg. 1:43-47).
Regarding Claim 10, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 9, wherein the collar portion further includes a storage section (81st paragraph, “a storage portion”) provided in the first fabric on an inner surface of the collar portion (81st paragraph).
Claim(s) 11-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujioka and Gray as applied to claims 1-3 and 9-10 above, and further in view of Powers US 0408850.
Regarding Claim 11, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 9, but does not expressly disclose wherein, in a state where a first folded portion, obtained by folding back an upper end of the first fabric so as to sandwich an upper end of the inner core member, and a second folded portion, obtained by folding back an upper end of the second fabric, are pasted together, the first folded portion and the second folded portion are continuously sewn together with the upper end of the inner core member at a first seam along the upper edge of the collar portion, from the inner surface to the outer surface of the collar portion, and wherein, in a state where a third folded portion obtained by folding back a lower end of the first fabric so as to sandwich an lower end of the inner core member, and a fourth folded portion obtained by folding back an lower end of the second fabric, are stuck together, the third folded portion and the fourth folded portion are continuously sewn together with the lower end of the inner core member and the upper end of the clothing body at a second seam along the lower end of the collar portion, from the inner surface to the outer surface of the collar portion.
Powers teaches a coat collar (Figs. 1-7 #B) wherein, in a state where a first folded portion (Powers Annot. Fig. 7), obtained by folding back an upper end of the first fabric so as to sandwich an upper end of the inner core member (Powers Annot. Fig. 7), and a second folded portion (Powers Annot. Fig. 7), obtained by folding back an upper end of the second fabric, are pasted together, the first folded portion and the second folded portion are continuously sewn together with the upper end of the inner core member at a first seam (Fig. 7 #B10) along the upper edge of the collar portion, from the inner surface to the outer surface of the collar portion (Fig. 7), and wherein, in a state where a third folded portion (Powers Annot. Fig. 7) obtained by folding back a lower end of the first fabric so as to sandwich an lower end of the inner core member (Powers Annot. Fig. 7), and a fourth folded portion obtained by folding back an lower end of the second fabric, are stuck together, the third folded portion and the fourth folded portion are continuously sewn together with the lower end of the inner core member and the upper end of the clothing body at a second seam (Fig. 7 #B8) along the lower end of the collar portion, from the inner surface to the outer surface of the collar portion (Fig. 7).
Both Fujioka (as modified by Gray) and Powers teach analogous inventions in the art of garments with collars. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Fujioka (as modified by Gray) with the teachings of Powers such that the collar has folded edges that sandwich and are attached to the inner core member so that the inner core member does not slip within the collar, and as this is a common method of reinforcing fabric structures. It is further noted that claim 11 recites product-by-process limitations. Even though product-by process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. See MPEP 2113. As the modified air-conditioning clothing of Fujioka disclose(s) the claimed structure, the process by which the product is obtained is not germane to the issue of patentability.
Regarding Claim 12, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 11, wherein an end portion of the first fabric at the first folded portion (Powers Annot. Fig. 7) and an end portion of the second fabric at the second folded portion (Powers Annot. Fig. 7) are sewn together continuously at a third seam (Fig. 7 #B7), the third seam is located along the first seam and closer to the upper end of the collar portion than the first seam (Fig. 7), and wherein the end portion of the first fabric at the third folded portion (Fig. 7) and the end portion of the second fabric at the fourth folded portion (Fig. 7) are sewn together continuously at a fourth seam (Fig. 7 #B9), the fourth seam is located along the second seam and closer to the lower end of the collar portion than the second seam (Fig. 3).
Regarding Claim 13, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 9, wherein the collar portion is configured to fold along the upper end of the clothing body such that the upper portion of the collar portion overlaps at least a portion of the lower portion of the collar portion (131st paragraph).
Regarding Claim 14, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 10, but does not expressly disclose wherein the collar portion further includes a reinforcing core member that is harder than the first fabric and the second fabric, the reinforcing core member is provided between the first fabric and the second fabric, and the reinforcing core member extends in a lateral direction centered on a center portion of the collar portion facing the back of the wearer's head above the wearer's neck.
Gray teaches a coat collar (Figs. 1-5 #B) wherein the collar portion further includes a reinforcing core member (Applicant’s “reinforcing core member” has been interpreted under 35 USC 112(f). Applicant’s “reinforcing core member” appears to be a structure that is between the first and second fabric [per Applicant Drawings Fig. 6 #40 and Spec ¶0110, 0117-0121]; Gray has a strip of hair cloth, which are the same as the Applicant’s “reinforcing core member”; see Figs. 2-5 #K) that is harder than the first fabric and the second fabric (Pg. 2:18-31), the reinforcing core member is provided between the first fabric and the second fabric (Figs. 3-5), and the reinforcing core member extends in a lateral direction centered on a center portion of the collar portion (Figs. 2-5 show #K has a vertical elongation) facing the back of the wearer's head above the wearer's neck (Figs. 1-5).
Both Fujioka (as modified by Powers) and Gray teach analogous inventions in the art of garments with collars. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Fujioka (as modified by Powers) with the teachings of Gray such that the collar has a reinforcing core member which is harder than the first and second fabrics and extends in a lateral direction centered on the collar so as to “prevent vertical wrinkling,” of the collar (Gray Pg. 2:24-26).
Regarding Claim 15, the modified air-conditioning clothing of Fujioka discloses the air-conditioning clothing according to claim 14, wherein a position of an upper end of the reinforcing core member is the same as a position of the upper end of the storage portion (81st paragraph).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yamaguchi US 20220218060 teaches a cooling garment
Ichigaya US 20230157382 teaches a cooling jacket
Kano US 20220312862 teaches a cooling overcoat
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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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