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 .
Election/Restrictions
Applicant’s election without traverse of Species I (Figs. 1-3) and Species A in the reply filed on 06/05/2025 is acknowledged.
Claims 1-10 and 12-17 read on the elected species.
Claims 11 and 18-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lipshie (US 2,077,153).
Lipshie discloses a protective garment as in claim 1, the garment comprising a body (1) shaped for wear on a body part (see Fig. 1), a pocket assembly (2) coupled to the body, the pocket assembly comprising a first pocket (4) comprising a wall (5) and a first pouch at least partially defined by the wall (inner chamber 4 forms a first pouch; see Fig. 3; pg. 1, col. 2, lines 1-6), a second pocket (6) adjacent to the first pocket (4) (see Figs. 3-6), the second pocket (6) defining a second pouch separate from the first pouch (outer chamber 6 forms a second pouch separate from chamber 5; see Figs. 3-6; pg. 1, col. 2, lines 1-24), and an opening (28) extending through the wall (5) of the first pocket (4) (see Fig. 2 and pg. 2, lines 3-6).
Regarding claim 9, the first pocket (4) comprises a depth approximately equal to a depth of the second pocket (6); see Fig. 3, showing the bottom edge of the first pocket aligned with the bottom edge of the second pocket, the bottom edge defining the depth of the pockets. The pockets extend to the same depth (the level of the bottom edge of pockets 4,6; Figs. 2-3). Although pocket 4 has a larger height dimension as measured from its lower edge to its upper edge, the pockets 4,6 are considered to have the same “depth” since they extend to a same lower edge (near stitching 30).
Regarding claim 10, the garment of Lipshie comprises a body which “is a surgical gown” because the garment of Lipshie has a gown structure and could be worn as a surgical gown (i.e. the garment could be worn while performing surgery if desired). Claim 10 does not recite any specific “gown” structure which distinguishes from the garment of Lipshie.
Claims 1-3, 5, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McDonald (US 1,632,660).
McDonald discloses a protective garment as in claim 1, the garment comprising a body (1) shaped for wear on a body part (pg. 1, lines 1-7), a pocket assembly (see Figs. 1-2) coupled to the body, the pocket assembly comprising a first pocket (the scabbard pocket 7) comprising a wall (2) and a first pouch at least partially defined by the wall (see Fig. 2), a second pocket (main pocket having opening 4, or the safety pocket 8) adjacent to the first pocket (7), the second pocket defining a second pouch separate from the first pouch (see Fig. 2), and an opening (11) extending through the wall (2) of the first pocket (7) (Figs. 1-2; pg. 1, lines 67-77). It is noted that the pocket assembly of McDonald comprises three pockets: a scabbard pocket 7, a main pocket, and a safety pocket 8 (pg. 1, lines 14-16). The scabbard pocket with opening 11 forms a “first pocket” as in claim 1, while the main pocket or the safety pocket forms a second pocket as in claim 1.
Regarding claim 2, the scabbard pocket 7 forms the claimed first pocket and the safety pocket 8 is considered to form the claimed second pocket. The garment comprises a broad patch (3) disposed between the body (1) and the pocket assembly (7,8; see Fig. 2), the first pouch (7) defined by the broad patch (3) and the wall (2) of the first pocket (Fig. 2; pg. 1, lines 43-59).
Regarding claim 3, the second pocket (the safety pocket 8) is defined by a second pocket wall (the panel 2 is divided by vertical stitching 6 into an outer wall of pocket 7 and an outer wall of the safety pocket 8 having opening 9; the panel 2 to the right of stitching 6 forms a second pocket wall as claimed) and the broad patch (3); see Fig. 2 and pg. 1, lines 41-59.
Alternatively with respect to claim 1, it is noted that the safety pocket (8) may be considered to form the claimed first pocket and the scabbard pocket 7 forms a second pocket as claimed. In this case, the pocket assembly comprises a first pocket (8) comprising a wall (2) and a first pouch at least partially defined by the wall (see Fig. 2), a second pocket (7) adjacent to the first pocket (8), the second pocket defining a second pouch separate from the first pouch (see Fig. 2), and an opening (9) extending through the wall (2) of the first pocket (8) (see Fig. 1). In this interpretation, the limitations of claim 5 are met, since a ratio of a width of the first pocket (8) relative to a width of the second pocket (7) is clearly within the claimed range of approximately 2:1 to approximately 6:1 (see Fig. 2).
Regarding claim 9, the first pocket comprises a depth approximately equal to a depth of the second pocket, as shown in Fig. 1.
Regarding claim 10, McDonald discloses that the garment is overalls (pg. 1, lines 1-2). Overalls are considered to form a “gown” as broadly recited in claim 10, since no specific structure which distinguishes from the garment of McDonald is recited. The garment of McDonald could be worn as a surgical gown (i.e. the garment could be worn while performing surgery if desired). Claim 10 does not recite any garment structure which distinguishes from the garment of McDonald.
Claims 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christian (US 1,411,562).
Christian discloses a disposable protective garment as in claim 12 (the garment of Christian could be disposed of as desired), the garment comprising:
a body (1,2) shaped for wear on a body part;
a base (13) coupled to the body (see Figs. 1 and 3; pg. 1, lines 92-95);
a pocket assembly (15/17) coupled to the base, the pocket assembly comprising:
a first pocket (right hand double pocket 15/17) comprising a first wall (the intermediate panel; see annotated figure below), a second wall (the outer panel; see annotated figure below), a first pouch (15) at least partially defined by the first wall and the base (13), and a second pouch (17) at least partially defined by the first wall and the second wall (see Fig. 3 and annotated figure below; pg. 1, lines 92-100);
a second pocket (left side pocket 17) adjacent to the first pocket, the second pocket defining a pouch separate from the first and second pouches of the first pocket (see Fig. 1 and second annotated figure below).
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Regarding claim 13, the first pouch (15) comprises a depth approximately equal to a depth of the second pouch (17) (see Figs. 1 and 3, showing the lower edge of the pouches 15,17 being at the same level, and thus the depth of the pockets is the same; also see annotated figure below).
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Regarding claim 14, Christian discloses the second pocket (formed by the left hand pocket 15/17) comprises an inner wall (the intermediate panel; Figs. 1 and 3) and an outer wall (the outer panel; Figs. 1 and 3), the inner wall and the base (13) defining the pouch (left hand pouch 15) of the second pocket, and the inner wall and the outer wall defining a different pouch (left hand pouch 17) of the second pocket. It is noted that the panels are divided by lines of stitching 16, which forms a right side pocket double pocket 15/17 (the claimed first pocket) and a left side double pocket 15/17 (the claimed second pocket); see Fig. 1 and pg. 1, lines 88-108.
Claims 1-7, 9-10, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Glover (US 1,538,982).
Glover discloses a protective garment as in claim 1, the garment comprising: a body (1) shaped for wear on a body part (pg. 1, lines 36-38), a pocket assembly coupled to the body (lower pockets 3 form a pocket assembly as claimed; see the figure; pg. 1, lines 43-45), the pocket assembly comprising: a first pocket (the large pocket as indicated in annotated figure below) comprising a wall (see first pocket wall indicated in annotated figure below) and a first pouch at least partially defined by the wall (see “first pouch” indicated in annotated figure below); a second pocket (the middle pocket, as indicated in annotated figure below) adjacent to the first pocket, the second pocket defining a second pouch separate from the first pouch (see pouch of “second pocket” in the figure, below); an opening extending through the wall of the first pocket (the button hole on the lower corner of the first pocket wall forms an “opening” as claimed; see annotated figure below, the arrow pointing to the button hole with the button fastened to the button hole; another button hole is shown in an unfastened state, in the opposite lower corner, in the figure of Glover, which more clearly illustrates the button hole structure which forms an “opening” as claimed).
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Regarding claim 2, Glover discloses a broad patch disposed between the body and the pocket assembly (the base/rear wall of the pocket assembly of Glover forms a “broad patch” as claimed; see annotated figure above), the first pouch defined by the broad patch and the wall of the first pocket (see figure above).
Regarding claim 3, Glover discloses the second pocket is defined by a second pocket wall and the broad patch (see annotated figure above).
Regarding claim 4, . The garment of claim 1, comprising a holster coupled to the wall of the first pocket (the outer pouch on top of the “first pocket wall” forms a “holster” as broadly recited in claim 4; see annotated figure below).
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Regarding claim 5, Glover discloses a ratio of a width of the first pocket relative to a width of the second pocket is in a range of approximately 2:1 to approximately 6:1 (see annotated figure below; the larger arrow is the width of the first pocket and the smaller arrow is the width of the second pocket; the first pocket is clearly illustrated as being approximately 2-6 times wider than the second pocket).
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Regarding claim 6, Glover discloses a third pocket (5) adjacent to the first pocket such that the first pocket is disposed between the second pocket and the third pocket (pocket 5 forms a “third pocket” as claimed).
Regarding claim 7, Glover discloses a ratio of a width of the first pocket relative to a width of the third pocket is in a range of approximately 2:1 to approximately 6:1 (see annotated figure below; the larger arrow is the width of the first pocket and the smaller arrow is the width of the third pocket; the first pocket is clearly illustrated as being approximately 2-6 times wider than the third pocket; that is, the first pocket is a little greater than 4 times the width of the second pocket, which is a ratio of between 4:1 and 5:1, as seen in annotated figure below).
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Regarding claim 9, Glover discloses the first pocket comprises a depth approximately equal to a depth of the second pocket (see first and second pockets indicated in annotated figure above; these pockets have the same/equal depths as seen in the figure).
Regarding claim 10, the garment of Glover could be worn as a surgical gown; that is, the garment could be worn while performing surgery if desired. Claim 10 does not recite any specific “gown” structure which distinguishes from the garment of Glover.
Glover discloses a disposable protective garment as in claim 12 (the garment of Glover could be disposed of as desired), the garment comprising:
a body shaped (1) for wear on a body part;
a base (the rear wall of the pocket assembly 3) coupled to the body;
a pocket assembly (see pockets 3) coupled to the base, the pocket assembly comprising:
a first pocket comprising a first wall (the wall attached to the base), a second wall (the wall forming the outer first pocket), a first pouch at least partially defined by the first wall and the base, and a second pouch at least partially defined by the first wall and the second wall (see annotated figure below);
a second pocket adjacent to the first pocket, the second pocket defining a pouch separate from the first and second pouches of the first pocket (see annotated figure below).
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Regarding claim 14, Glover discloses the second pocket comprises an inner wall and an outer wall (see annotated figure below), the inner wall and the base defining the pouch of the second pocket (see inner second pocket as indicated in annotated figure below), and the inner wall and the outer wall defining a different pouch of the second pocket (see outer second pocket as indicated in annotated figure below).
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Regarding claim 15, Glover discloses an opening extending through the first wall of the first pocket (the button hole on the lower corner of the first pocket wall forms an “opening” as claimed; see annotated figure below, the arrow pointing to the button hole with the button fastened to the button hole; another button hole is shown in an unfastened state, in the opposite lower corner, in the figure of Glover, which more clearly illustrates the button hole structure which forms an “opening” as claimed).
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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 5 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over McDonald (US 1,632,660).
As noted above with respect to claim 1, McDonald discloses a pocket assembly including a first pocket (8) comprising a wall (2) having an opening (9), and a second pocket (7) as claimed. As noted above in the rejection under 35 USC 102, the figures of McDonald illustrate that a ratio of a width of the first pocket (8) relative to a width of the second pocket (7) is within the claimed range of approximately 2:1 to approximately 6:1 (see Fig. 2, showing the relative sizes of pockets 7 and 8). To the extent that this is not clear in the figures and/or not specifically disclosed by McDonald, this alternative rejection under 35 USC 103 is being made. It is within the routine skill in the art to determine the optimal size for the pockets (7,8) of McDonald and the optimal ratio of the pocket sizes, depending upon the size of the items to be carried in the pockets (a pocket watch, writing implements, etc. as taught by McDonald). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to size the pockets of McDonald such that the ratio of a width of the first pocket relative to a width of the second pocket is in a range of approximately 2:1 to approximately 6:1, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable range involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 4 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Glover (US 1,538,982) in view of Dancyger (Des. 350,849).
As to claim 4, Glover discloses a garment as in claim 1 and an outer pocket is attached to the wall of the first pocket which appears to form a “holster” as broadly recited in claim 4 (see alternative rejection of claim 4 under 35 USC 102 above). To the extent that the outer pocket does not form a “holster” structure as in claim 4, this rejection under 35 USC 103 is being made. Dancyger discloses a holster attached to the outer wall of a pocket (see annotated figure below). As to claim 17, Glover does not disclose a holster coupled to an exterior side of the second wall of the first pocket.
Dancyger discloses a first pocket having a first wall and a second wall, forming a first pouch and a second pouch as claimed (see Fig. 1 of Dancyger). The garment comprises a holster coupled to an exterior side of the second wall of the first pocket, as claim 17 (see annotated figure below). The holster is coupled to the wall of the first pocket as in claim 4 (see annotated figure below). The loop illustrated by Dancyger forms a “holster” as claimed. It is noted that applicant discloses the holster may be a “simple loop” (see applicant’s specification para. [0053], shown as loop 44 in Fig. 2).
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The holster of Dancyger permits holding of a tool on the loop (see title and claim of Dancyger and Figs. 1-2), as is well known in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a holster (loop) coupled to the exterior side of the second wall of the first pocket of Glover in order to permit carrying of a tool on the exterior of the pocket, as taught by Glover.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Glover (US 1,538,982) in view of Clift (US 5,687,896).
Glover discloses the garment comprises a third pocket (5), however the third pocket does not comprise a first pouch and a second pouch isolated from the first pouch, as in claim 8. Clift discloses a pocket 42 (Fig. 1 of Clift) which is a narrow, vertically elongated pocket similar to pocket 5 of Glover. Clift discloses that pocket 42 is formed a single strip of material 58 which has two relatively long side edges and relatively short upper and lower edges (col. 3, lines 64-66). The material 58 is sewn to the garment along its edges (col. 3, lines 1-2). Clift teaches that an additional row of stitches run vertically along the vertical centerline of strip 58 so that pocket structure 42 is divided into two vertical compartments adapted to hold pens or pencils (col. 4, lines 2-5; Fig. 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a vertical center line of stitching on the pocket 5 of Glover in order to form two vertical compartments to hold pens or pencils, as taught by Clift. Such a structure would form the third pocket (5) of Glover as having a first pouch and a second pouch isolated from the first pouch (the two vertical compartments such as shown in pocket 42 of Clift), as in claim 8.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Glover (US 1,538,982) in view of Lipshie (US 2,077,153).
Glover discloses that the garment includes an opening in the first wall of the first pocket (the buttonhole in the lower corner of the first wall, as indicated in annotated figure in this action, above), however Glover does not disclose a second opening extending through the second wall of the first pocket, as recited in claim 16. Lipshie discloses a first opening 28 in a first wall of the first pocket, and a second opening 13 in the second wall (18) of the first pocket (see Figs. 2 and 9-12). The second opening 13 is a button hole which permits a button 33 to pass therethrough, in order to fasten the outer pocket closed (see Fig. 2; col. 2, lines 21-23). One of skill in the art would recognize that it would be advantageous to provide a button fastening closure for the outer (second) pocket of Glover in order to more securely hold contents therein, as is conventional in the art. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a second opening extending through the second wall of the first pocket of Glover in order to permit closure of the pocket using a button, to secure the contents therein as known in the art and taught by Lipshie.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on attached PTO-892 disclose pocket structures and garments similar to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMY VANATTA whose telephone number is (571)272-4995. The examiner can normally be reached Mon-Thurs and alternate Fridays.
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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/AMY VANATTA/Primary Examiner, Art Unit 3732