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 June 13, 2024 in which claims 1-20 are presented for examination.
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, 7-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Rogers (2007/0157362) in view of Greenberg (2,264,972).
Regarding claim 1, Previdi teaches, A garment (10, figures 1-7), comprising: a front portion, comprising: a set of front shoulder straps, each front shoulder strap of the set of front shoulder straps configured with at least one first fastening member at a top portion of each front shoulder strap, and at least one second fastening member configured at a lower part of the garment, wherein the at least one second fastening member is configured at a predetermined length from each of a left armhole and a right armhole of the garment; and a rear portion, comprising: a set of rear shoulder straps, each rear shoulder strap of the set of rear shoulder straps configured with at least one third fastening member at a top portion of each rear shoulder strap, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, and at least one fourth fastening member configured at the lower part of the garment, wherein the at least one fourth fastening member is configured at the predetermined length from each of the left armhole and the right armhole of the garment, wherein the at least one second fastening member of the front portion is configured to removably engage with the at least one fourth fastening member (“Referring to FIGS. 1-3, there is shown a blouse 10 including a flaring front section 12 including two front panels 14, 16 and a flaring rear section 18 defined by a single panel 20.”, Col. 1 ln. 43-47, “Along the outer edge 23 of panel 14 is a series of snap fastener elements 30. These are preferably female elements which are open to the rear of the panel 14 as clearly shown in FIG. 4. Panel 16 has a similar series of female snap fastener elements 32 at its outer edge 27 opening to the rear of the panel. The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse. The panels 14, 16 have upper narrow extensions 33a, 33b on which are spaced female snap fastener elements 35a, 351, facing rearwardly.”, Col. 1 ln. 50-60, “The rear panel 20, as best shown in FIGS. 1, 3 and 5, has outwardly and downwardly flaring outer edges 40, 41. At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse. Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 1-2 ln. 64-4, therefore, 10 comprising: 12, comprising: 33a/33b, each 33a/33b of the set of 33a/33b configured with at least one 35a/35b at a top portion of each 33a/33b, and at least one 30/32 configured at a lower part of 10, wherein the at least one 30/32 is configured at a predetermined length from each of a left armhole and a right armhole of 10 (“The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse.”); and 18, comprising: a set of 44a/44b, each 44a/44b of the set of 44a/44b is configured with at least one 45a/45b at a top portion of each 44a/44b, wherein the at least one 35a/35b of 12 is configured to removably engage with the at least one 45a/45b of 18 (“The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 45a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”), and at least one 42a/42b configured at the lower part of 10, wherein the at least one 42a/42b is configured at the predetermined length from each of the left armhole and the right armhole of 10, wherein the at least one 30/32 of 12 is configured to removably engage with the at least one 42a/42b (“At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse.”), figures 1-7).
Previdi fails to teach, a flexible securing member configured on an inner surface of the set of front shoulder straps, the flexible securing member configured for receiving at least one medical device therein; thereby securing at least a portion of the at least one medical device passing through the flexible securing member within the garment.
Rogers, a patient garment, Abstract, teaches, a flexible securing member configured on an inner surface of the set of front shoulder straps, the flexible securing member configured for receiving at least one medical device therein; thereby securing at least a portion of the at least one medical device passing through the flexible securing member within the garment (“a series of loops 30, 32, 34 preferably openable are arranged from a point adjacent the opening 24 up to the top of the shoulder and down the sleeve 36 on the same side as the opening 24. The tubes 28 are routed through the strap loops 30, 32, 34 as shown to secure the tubes in proper position and allow the patient some freedom of movement without creating a danger that the tubes 28 will be pulled out by his or her motion.”, [0015], therefore, 32 configured on a surface of the set of front shoulder, 32 configured for receiving at least one medical device therein; thereby securing at least 28 passing through the flexible securing member within the garment).
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 front shoulder straps of Previdi with a flexible securing member as taught by Rogers, in order to provide the user, the ability “to secure the tubes in proper position and allow the patient some freedom of movement without creating a danger that the tubes 28 will be pulled out by his or her motion.”, [0015].
The combined references fail to teach, a flexible securing member configured on an inner surface.
Greenberg, a garment with shoulder straps, Abstract, teaches, a flexible securing member configured on an inner surface (“the elastic strip 19 and the upper portion of the slip”, Page 2 Col. 1 ln. 54-55, therefore, 19 configured on an inner surface).
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 flexible securing member on the set of front shoulder straps of the combined references on the inner surface as taught by Greenberg, in order to provide the user greater comfort with the securing strip on the inner surface and out of the users way, while maintaining the ability of the securing member to have the tube pass between the securing member and the shoulder strap, see “the shoulder straps 21E are positioned between the elastic strip 19”, Page 2 Col. 1 ln. 53-54, in this case the “shoulder strap” being the tube.
The combined references teach, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, thereby securing at least a portion of the at least one medical device passing through the flexible securing member within the garment (as taught by Previdi wherein the at least one 35a/35b of 12 is configured to removably engage with the at least one 45a/45b of 20, thereby securing at least 28 of the at least one medical device passing through 32 of Rogers (in the inner surface as taught by Greenberg) within 10 of Previdi).
Regarding claim 7, the combined references teach, wherein removably engaging the at least one first fastening member and the at least one second fastening member of the front portion with the at least one third fastening member and the at least one fourth fastening member of the rear portion, respectively, defines the left armhole, the right armhole and a collar of the garment (Previdi, “Along the outer edge 23 of panel 14 is a series of snap fastener elements 30. These are preferably female elements which are open to the rear of the panel 14 as clearly shown in FIG. 4. Panel 16 has a similar series of female snap fastener elements 32 at its outer edge 27 opening to the rear of the panel. The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse. The panels 14, 16 have upper narrow extensions 33a, 33b on which are spaced female snap fastener elements 35a, 35b, facing rearwardly. Upper ends 36a, 36b of the panels 14, 16 are curved to define portions of the front portions of the neckline of the blouse. Bottom end 39a, 39b are longer than the upper ends of the panels. The rear panel 20, as best shown in FIGS. 1, 3 and 5, has outwardly and downwardly flaring outer edges 40, 41. At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse. Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 1-2 ln. 50-4, therefore, wherein removably engaging the at least one 35a/35b and the at least one 30/32 of 12 with the at least one 45a/45b and the at least one 42a/42b of 20, respectively, defines the left armhole, the right armhole and a collar of 10).
Regarding claim 8, the combined references teach, wherein the set of rear shoulder straps is configured with a X-back shoulder strap configuration (Previdi, “The rear panel 20, as best shown in FIGS. 1, 3 and 5…Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, wherein the set of 44a/44b is configured with a X-back shoulder strap configuration, figures 1, 3 and 5).
Regarding claim 10, the combined references teach, wherein the garment corresponds to one of a vest and a sports brassiere (Previdi, “The garment has no sleeves or collar. It is intended for use as a blouse for indoor or outdoor wear. In normal wear the garment will be opened by disengaging the front buttons from the buttonholes to separate the front panels.”, Col. 2 ln. 8-12, therefore, 10 corresponds to a vest in as much as applicant has claimed).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Wise (2009/0293169).
Regarding claim 2, the combined references teach, further comprising: a closure member configured to removably engage a first part and a second part of the front portion; and a top end of the closure member (Previdi, “there is shown a blouse 10 including a flaring front section 12 including two front panels 14, 16 and a flaring rear section 18 defined by a single panel 20. Panel 14 has a straight inner edge 22 which overlays straight inner edge 24 of panel 16. At edge 22 is a series of buttonholes 26 which engage buttons 28 attached by thread 21 to edge 24 of panel 16.”, Col. 1 ln. 43-49, therefore, further comprising: a 26/28 configured to removably engage 14 and 16 of 12, a top end of 26/28).
The combined references fail to teach, a snap closure configured at a top end of the closure member, wherein the snap closure is configured to removably engage the first part and the second part proximate to the top end of the closure member.
Wise, a garment, Abstract, teaches, a snap closure configured at a top end of the closure member, wherein the snap closure is configured to removably engage the first part and the second part proximate to the top end of the closure member (“A protective fabric flap 22 is located at the neckline 38 where the first or top zipper pull 26 rests. The protective flap 22 is a rectangular or square piece of fabric that is the same material as the garment 12. The protective flap 22 opens to allow access to the zipper pull 26. The protective flap bridges the zipper track 42. The protective flap 22 is sewn to the garment 12 on its right side and has a snap closure or Velcro closure on its left side to enable the caregiver access. The protective fabric flap 22 is used to cover the zipper pull 26 so it is not exposed and accessible by the infant.”, [0034], therefore, 22 configured at a top end of 42, wherein the snap closure is configured to removably engage the first part 12 and the second part 12 proximate to the top end of 42, figures 1 and 1A).
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 on the top end of the closure member of Previdi a snap closure as taught by Wise, in order to provide a closure that “bridges the zipper track” [0034] and “cover[s] the zipper pull 26 so it is not exposed”, [0034].
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Theodossiou (2015/0374048).
Regarding claim 3, the combined references teach, the front portion (Previdi, 12, figure 1), a top part and a central part of the garment (Previdi, a top part and central part of 10, figure 1), the garment is secured onto the patient (Previdi, 10 is secured onto the patient, Col. 2 ln. 9-12, figures 1 and 2).
Theodossiou, a medical garment, Abstract, teaches, further comprising: a cut-out portion configured in the front portion and located between a top part and a central part of the garment, the cut-out portion configured to receive the at least one medical device therein for securing onto a body region of a patient exposed in the cut-out portion while the garment is secured onto the patient (“For instance, slits in the back portion or front portion of the garment 10 may be provided for tubes 40 that must be placed adjacent those areas on the body. As shown in FIG. 1, a chest slit 26 may be used to allow access to a monitor, central venous access device, or other medical device in or to that area of the body. The chest slit 26 may be sized appropriately as necessary to accommodate the particular device in use. For example, a larger chest slit 26, as shown in FIG. 2, may be necessary for access to an implanted port catheter. A smaller chest slit 26, as shown in FIG. 1 may be necessary for access to a tunneled central catheter that exits the body in the chest region, such as BROVIAC® and HICKMAN® catheters. FIG. 3 shows a person with a catheter tube 40 exiting the chest slit 26 as described. The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4.”, [0031], therefore, further comprising: 26 configured in the front portion and located between a top part and a central part of 10, 26 configured to receive the at least one medical device therein for securing onto a body region of a patient exposed in 26 while 10 is secured onto the patient, figures 1-2).
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 on the front portion between the top part and a central part of Previdi a cut-out portion as taught by Theodossiou, in order to provide the user the ability “to allow access to a monitor, central venous access device, or other medical device in or to that area of the body. The chest slit 26 may be sized appropriately as necessary to accommodate the particular device in use.”, [0031].
Regarding claim 4, the combined references teach, the front portion (Previdi, 12, figure 1) and a top side of the cut-out portion (Theodossiou, a top side of 26).
The combined references fail to teach, further comprising: a flap member, comprising: a first end secured to the front portion and located proximate to a top side of the cut-out portion, and a second end comprising a snap member, wherein the flap member is configured to be operated in a first condition by detachably engaging the snap member with an engagement member configured proximate to the central part of the garment, thereby covering the cut-out portion, and wherein the flap member is configured to be operated in a second condition by disengaging the snap member from the engagement member, thereby providing access to the cut-out portion.
However, Theodossiou, further teaches, further comprising: a flap member, comprising: a first end secured to the front portion and located proximate to a top side of the cut-out portion, and a second end comprising a snap member, wherein the flap member is configured to be operated in a first condition by detachably engaging the snap member with an engagement member configured proximate to the central part of the garment, thereby covering the cut-out portion, and wherein the flap member is configured to be operated in a second condition by disengaging the snap member from the engagement member, thereby providing access to the cut-out portion (“The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4. The pocket flap 22 may connect to the garment by having a bottom seam 24, sewn on, and the sides and top of the flap define attachment means 18 that mate with corresponding attachments 18 on the chest area of the garment 10. The pocket flap 22 may further act as a storage site for a coiled up catheter tube 40, as shown in FIG. 4, by mating of the attachment means 18 of the packet flap 22 with the corresponding means 18 on the garment 10, such that the pocket flap 22 covers the chest slit 26 and coiled up catheter tube 40 that exits the chest slit 26”, [0031], “The garments 10 of the present invention may be initially manufactured with the slits described herein, together with attachment means 18 such as snaps or hook and loop fasteners.”, [0035], therefore, further comprising: 22, comprising: a first end secured to the front portion and located proximate to a top side of 26, and a second end comprising 18, wherein 22 is configured to be operated in a first condition by detachably engaging 18 with an engagement member configured proximate to the central part of 10, thereby covering 26, and wherein 22 is configured to be operated in a second condition by disengaging 18 from the engagement member, thereby providing access to 26, figures 1-2).
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 on the front portion and cut-out portion of the combined references with a flap member as further taught by Theodossiou, in order to provide the user the ability for the cut-out portion to be “covered when not in use by a pocket flap”, [0031].
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Rainey (7,909,675).
Regarding claim 6, the combined references teach, removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap (“The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 45a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 2 ln. 1-4, therefore, removably engaging the at least one 35a/35b of each 33a/33b with the at least one of 45a/45b of each 44a/44b).
The combined references fail to teach, wherein removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap.
Rainey, a garment with shoulder straps, Abstract, teaches, wherein removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap (“as shown in FIG. 6, the left and right shoulder straps 130 are adjustable to provide a better fit of the garment to the wearer. In order to provide adjustment, the shoulder straps 130 can be provided with respective front ends 130a that attach to the left and right front panels 114 via adjustable strap closures 132. Preferably, as best shown in FIGS. 4 and 6, for ease in donning and adjustment, front ends 130a are detachable from the left and right front panels 114, and the strap closures 132 are conventional brassiere hook-and-eye type closures, that is, plush, shielded, hook-and-eye closures with a single row of hooks 132a and multiple rows of eyes 132b. However, other adjustable closure constructions, including, but not limited to, hook and loop (such as Velcro.RTM.) fasteners and conventional lingerie strap rings, hooks, and sliders, are also possible and equally effective.”, Col. 5 ln. 11-26, therefore, wherein removably engaging the at least one 132b of each front shoulder strap with the at least one 132a of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap).
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 at least one first and third fastening members of Previdi as being able to adjust the length dimension of the rear shoulder strap relative to the front shoulder strap as taught by Rainey in order to provide front and rear shoulder straps that “are adjustable to provide a better fit of the garment to the wearer.”, Col. 5 ln. 11-13.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Hilton et al. (2006/0206978).
Regarding claim 9, the combined references teach, wherein the garment is made using at least a material (Previdi, “The several panels are preferably made of washable cloth material. They can be made up in plain or attractively printed or otherwise decorated fabrics.”, Col. 2 ln. 33-35, therefore, wherein 10 is made using at least a material.
The combined references fail to teach, wherein the garment is made using at least a cotton material and a polyester material.
Hilton, a medical garment, Abstract, teaches, “The medical garment 20 of an embodiment may be made from any suitable material with any suitable thread count or thread pattern, including (but not limited to): cotton, linen, polyester, leather, suede, vinyl, Lycra, Spandex, wool, or any combination thereof, for example. In a preferred embodiment, the garment is made from a machine-washable, soft, and comfortable material (e.g., cotton or cotton blend).”, [0036], therefore, wherein 20 is made using at least a cotton material and a polyester material).
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 garment of Previdi as being made using at least a cotton material and a polyester material as taught by Hilton in order to provide the user with a garment that is “machine-washable, soft, and comfortable material”, [0036].
Claims 11, 13-14, 17-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Theodossiou (2015/0374048) in view of Rogers (2007/0157362) in view of Greenberg (2,264,972).
Regarding claim 11, Previdi teaches, A medical garment (10, figures 1-7), comprising: a front portion, comprising: a set of front shoulder straps, each front shoulder strap of the set of front shoulder straps configured with at least one first fastening member at a top portion of each front shoulder strap, and at least one second fastening member configured at a lower part of the medical garment, wherein the at least one second fastening member is configured at a predetermined length from each of a left armhole and a right armhole of the medical garment; and a rear portion, comprising: a set of rear shoulder straps, each rear shoulder strap of the set of rear shoulder straps configured with at least one third fastening member at a top portion of each rear shoulder strap, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, and at least one fourth fastening member configured at the lower part of the medical garment, wherein the at least one fourth fastening member is configured at the predetermined length from each of the left armhole and the right armhole of the medical garment, wherein the at least one second fastening member of the front portion is configured to removably engage with the at least one fourth fastening member (“Referring to FIGS. 1-3, there is shown a blouse 10 including a flaring front section 12 including two front panels 14, 16 and a flaring rear section 18 defined by a single panel 20.”, Col. 1 ln. 43-47, “Along the outer edge 23 of panel 14 is a series of snap fastener elements 30. These are preferably female elements which are open to the rear of the panel 14 as clearly shown in FIG. 4. Panel 16 has a similar series of female snap fastener elements 32 at its outer edge 27 opening to the rear of the panel. The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse. The panels 14, 16 have upper narrow extensions 33a, 33b on which are spaced female snap fastener elements 35a, 351, facing rearwardly.”, Col. 1 ln. 50-60, “The rear panel 20, as best shown in FIGS. 1, 3 and 5, has outwardly and downwardly flaring outer edges 40, 41. At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse. Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 1-2 ln. 64-4, therefore, 10 comprising: 12, comprising: 33a/33b, each 33a/33b of the set of 33a/33b configured with at least one 35a/35b at a top portion of each 33a/33b, and at least one 30/32 configured at a lower part of 10, wherein the at least one 30/32 is configured at a predetermined length from each of a left armhole and a right armhole of 10 (“The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse.”); and 18, comprising: a set of 44a/44b, each 44a/44b of the set of 44a/44b is configured with at least one 45a/45b at a top portion of each 44a/44b, wherein the at least one 35a/35b of 12 is configured to removably engage with the at least one 45a/45b of 18 (“The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 45a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”), and at least one 42a/42b configured at the lower part of 10, wherein the at least one 42a/42b is configured at the predetermined length from each of the left armhole and the right armhole of 10, wherein the at least one 30/32 of 12 is configured to removably engage with the at least one 42a/42b (“At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse.”), figures 1-7).
Previdi fails to teach, a cut-out portion located between a top part and a central part of the medical garment, the cut-out portion configured to receive the at least one medical device therein for securing onto a body region of a patient exposed in the cut-out portion, a flap member, comprising: a first end secured to the front portion and located proximate to a top side of the cut-out portion, and a second end comprising a snap member, a flexible securing member configured on an inner surface of the set of front shoulder straps, the flexible securing member configured for receiving the at least one medical device therein, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, thereby securing at least a portion of the at least one medical device passing through the flexible securing member in the medical garment.
Theodossiou, a medical garment, Abstract, teaches, a cut-out portion located between a top part and a central part of the medical garment, the cut-out portion configured to receive the at least one medical device therein for securing onto a body region of a patient exposed in the cut-out portion (“For instance, slits in the back portion or front portion of the garment 10 may be provided for tubes 40 that must be placed adjacent those areas on the body. As shown in FIG. 1, a chest slit 26 may be used to allow access to a monitor, central venous access device, or other medical device in or to that area of the body. The chest slit 26 may be sized appropriately as necessary to accommodate the particular device in use. For example, a larger chest slit 26, as shown in FIG. 2, may be necessary for access to an implanted port catheter. A smaller chest slit 26, as shown in FIG. 1 may be necessary for access to a tunneled central catheter that exits the body in the chest region, such as BROVIAC® and HICKMAN® catheters. FIG. 3 shows a person with a catheter tube 40 exiting the chest slit 26 as described. The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4.”, [0031], therefore, 26 located between a top part and a central part of the 10, 26 configured to receive the at least one medical device therein for securing onto a body region of a patient exposed in 26, figures 1-2 and 4), a flap member, comprising: a first end secured to the front portion and located proximate to a top side of the cut-out portion, and a second end comprising a snap member (“The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4. The pocket flap 22 may connect to the garment by having a bottom seam 24, sewn on, and the sides and top of the flap define attachment means 18 that mate with corresponding attachments 18 on the chest area of the garment 10. The pocket flap 22 may further act as a storage site for a coiled up catheter tube 40, as shown in FIG. 4, by mating of the attachment means 18 of the packet flap 22 with the corresponding means 18 on the garment 10, such that the pocket flap 22 covers the chest slit 26 and coiled up catheter tube 40 that exits the chest slit 26”, [0031], “The garments 10 of the present invention may be initially manufactured with the slits described herein, together with attachment means 18 such as snaps or hook and loop fasteners.”, [0035], therefore, 22, comprising: a first end secured to the front portion and located proximate to a top side of 26, and a second end comprising 18, 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 top part and a central part of Previdi a cut-out portion and a flap member as taught by Theodossiou, in order to provide the user the ability “to allow access to a monitor, central venous access device, or other medical device in or to that area of the body. The chest slit 26 may be sized appropriately as necessary to accommodate the particular device in use.”, [0031] and to provide “to provide the user the ability for the cut-out portion to be “covered when not in use by a pocket flap”, [0031].
The combined references fail to teach, a flexible securing member configured on an inner surface of the set of front shoulder straps, the flexible securing member configured for receiving the at least one medical device therein, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, thereby securing at least a portion of the at least one medical device passing through the flexible securing member in the medical garment.
Rogers, a patient garment, Abstract, teaches, a flexible securing member configured on the set of front shoulder straps, the flexible securing member configured for receiving the at least one medical device therein, wherein the at least one first fastening member of the front portion is configured to removably engage with the at least one third fastening member of the rear portion, thereby securing at least a portion of the at least one medical device passing through the flexible securing member in the medical garment (“a series of loops 30, 32, 34 preferably openable are arranged from a point adjacent the opening 24 up to the top of the shoulder and down the sleeve 36 on the same side as the opening 24. The tubes 28 are routed through the strap loops 30, 32, 34 as shown to secure the tubes in proper position and allow the patient some freedom of movement without creating a danger that the tubes 28 will be pulled out by his or her motion.”, [0015], therefore, 32 configured on a surface of the set of front shoulder, 32 configured for receiving at least one medical device therein; thereby securing at least 28 passing through the flexible securing member within the garment).
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 front shoulder straps of Previdi with a flexible securing member as taught by Rogers, in order to provide the user, the ability “to secure the tubes in proper position and allow the patient some freedom of movement without creating a danger that the tubes 28 will be pulled out by his or her motion.”, [0015].
The combined references fail to teach, a flexible securing member configured on an inner surface.
Greenberg, a garment with shoulder straps, Abstract, teaches, a flexible securing member configured on an inner surface (“the elastic strip 19 and the upper portion of the slip”, Page 2 Col. 1 ln. 54-55, therefore, 19 configured on an inner surface).
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 flexible securing member on the set of front shoulder straps of the combined references on the inner surface as taught by Greenberg, in order to provide the user greater comfort with the securing strip on the inner surface and out of the users way, while maintaining the ability of the securing member to have the tube pass between the securing member and the shoulder strap, see “the shoulder straps 21E are positioned between the elastic strip 19”, Page 2 Col. 1 ln. 53-54, in this case the “shoulder strap” being the tube.
Regarding claim 13, the combined references teach, wherein the flap member is configured to be operated in a first condition by detachably engaging the snap member with an engagement member configured proximate to the central part of the medical garment, thereby covering the cut-out portion (Theodossiou, “The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4. The pocket flap 22 may connect to the garment by having a bottom seam 24, sewn on, and the sides and top of the flap define attachment means 18 that mate with corresponding attachments 18 on the chest area of the garment 10. The pocket flap 22 may further act as a storage site for a coiled up catheter tube 40, as shown in FIG. 4, by mating of the attachment means 18 of the packet flap 22 with the corresponding means 18 on the garment 10, such that the pocket flap 22 covers the chest slit 26 and coiled up catheter tube 40 that exits the chest slit 26”, [0031], “The garments 10 of the present invention may be initially manufactured with the slits described herein, together with attachment means 18 such as snaps or hook and loop fasteners.”, [0035], therefore, wherein 22 is configured to be operated in a first condition by detachably engaging 18 with an engagement member configured proximate to the central part of 10, thereby covering 26, figures 1-2 and 4).
Regarding claim 14, the combined references teach, wherein the flap member is configured to be operated in a second condition by disengaging the snap member from the engagement member, thereby providing access to the cut-out portion (Theodossiou, “The chest slit 26 may further be covered when not in use by a pocket flap 22, as shown in FIG. 4. The pocket flap 22 may connect to the garment by having a bottom seam 24, sewn on, and the sides and top of the flap define attachment means 18 that mate with corresponding attachments 18 on the chest area of the garment 10. The pocket flap 22 may further act as a storage site for a coiled up catheter tube 40, as shown in FIG. 4, by mating of the attachment means 18 of the packet flap 22 with the corresponding means 18 on the garment 10, such that the pocket flap 22 covers the chest slit 26 and coiled up catheter tube 40 that exits the chest slit 26”, [0031], “The garments 10 of the present invention may be initially manufactured with the slits described herein, together with attachment means 18 such as snaps or hook and loop fasteners.”, [0035], therefore, 22 is configured to be operated in a second condition by disengaging 18 from the engagement member, thereby providing access to 26, figures 1-2 and 4).
Regarding claim 17, the combined references teach, wherein removably engaging the at least one first fastening member and the at least one second fastening member of the front portion with the at least one third fastening member and the at least one fourth fastening member of the rear portion, respectively, defines the left armhole, the right armhole and a collar of the garment (Previdi, “Along the outer edge 23 of panel 14 is a series of snap fastener elements 30. These are preferably female elements which are open to the rear of the panel 14 as clearly shown in FIG. 4. Panel 16 has a similar series of female snap fastener elements 32 at its outer edge 27 opening to the rear of the panel. The upper outer edge portions 23' and 27' of the front panels are curved inwardly to form front parts of armholes of the blouse. The panels 14, 16 have upper narrow extensions 33a, 33b on which are spaced female snap fastener elements 35a, 35b, facing rearwardly. Upper ends 36a, 36b of the panels 14, 16 are curved to define portions of the front portions of the neckline of the blouse. Bottom end 39a, 39b are longer than the upper ends of the panels. The rear panel 20, as best shown in FIGS. 1, 3 and 5, has outwardly and downwardly flaring outer edges 40, 41. At these edges are lines of male snap fastener elements 42a, 42b which face rearwardly and detachably engage with the female snap fasteners 30, 32, respectively, to complete the rather conical, flaring tubular form of the blouse. Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 1-2 ln. 50-4, therefore, wherein removably engaging the at least one 35a/35b and the at least one 30/32 of 12 with the at least one 45a/45b and the at least one 42a/42b of 20, respectively, defines the left armhole, the right armhole and a collar of 10).
Regarding claim 18, the combined references teach, wherein the set of rear shoulder straps is configured with a X-back shoulder strap configuration (Previdi, “The rear panel 20, as best shown in FIGS. 1, 3 and 5…Upper edge portion 40' is curved inwardly to form the rear part of one armhole of the blouse. Upper edge portion 41' is curved inwardly to form the rear part of the other armhole of the blouse. The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 451a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, wherein the set of 44a/44b is configured with a X-back shoulder strap configuration, figures 1, 3 and 5).
Regarding claim 20, the combined references teach, wherein the garment corresponds to one of a vest and a sports brassiere (Previdi, “The garment has no sleeves or collar. It is intended for use as a blouse for indoor or outdoor wear. In normal wear the garment will be opened by disengaging the front buttons from the buttonholes to separate the front panels.”, Col. 2 ln. 8-12, therefore, 10 corresponds to a vest in as much as applicant has claimed).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Theodossiou (2015/0374048) in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Wise (2009/0293169).
Regarding claim 12, the combined references teach, further comprising: a closure member configured to removably engage a first part and a second part of the front portion; and a top end of the closure member (Previdi, “there is shown a blouse 10 including a flaring front section 12 including two front panels 14, 16 and a flaring rear section 18 defined by a single panel 20. Panel 14 has a straight inner edge 22 which overlays straight inner edge 24 of panel 16. At edge 22 is a series of buttonholes 26 which engage buttons 28 attached by thread 21 to edge 24 of panel 16.”, Col. 1 ln. 43-49, therefore, further comprising: a 26/28 configured to removably engage 14 and 16 of 12, a top end of 26/28).
The combined references fail to teach, a snap closure configured at a top end of the closure member, wherein the snap closure is configured to removably engage the first part and the second part proximate to the top end of the closure member.
Wise, a garment, Abstract, teaches, a snap closure configured at a top end of the closure member, wherein the snap closure is configured to removably engage the first part and the second part proximate to the top end of the closure member (“A protective fabric flap 22 is located at the neckline 38 where the first or top zipper pull 26 rests. The protective flap 22 is a rectangular or square piece of fabric that is the same material as the garment 12. The protective flap 22 opens to allow access to the zipper pull 26. The protective flap bridges the zipper track 42. The protective flap 22 is sewn to the garment 12 on its right side and has a snap closure or Velcro closure on its left side to enable the caregiver access. The protective fabric flap 22 is used to cover the zipper pull 26 so it is not exposed and accessible by the infant.”, [0034], therefore, 22 configured at a top end of 42, wherein the snap closure is configured to removably engage the first part 12 and the second part 12 proximate to the top end of 42, figures 1 and 1A).
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 on the top end of the closure member of Previdi a snap closure as taught by Wise, in order to provide a closure that “bridges the zipper track” [0034] and “cover[s] the zipper pull 26 so it is not exposed”, [0034].
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Theodossiou (2015/0374048) in view of Rogers (2007/0157362) in view of Greenberg (2,264,972) in view of Rainey (7,909,675).
Regarding claim 16, the combined references teach, removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap (“The rear panel has upper extensions 44a, 44b carrying spaced male snap fastener elements 45a, 45b which engage the female fastener elements 35a, 35b carried by the front panels.”, Col. 2 ln. 1-4, therefore, removably engaging the at least one 35a/35b of each 33a/33b with the at least one of 45a/45b of each 44a/44b).
The combined references fail to teach, wherein removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap.
Rainey, a garment with shoulder straps, Abstract, teaches, wherein removably engaging the at least one first fastening member of each front shoulder strap with the at least one third fastening member of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap (“as shown in FIG. 6, the left and right shoulder straps 130 are adjustable to provide a better fit of the garment to the wearer. In order to provide adjustment, the shoulder straps 130 can be provided with respective front ends 130a that attach to the left and right front panels 114 via adjustable strap closures 132. Preferably, as best shown in FIGS. 4 and 6, for ease in donning and adjustment, front ends 130a are detachable from the left and right front panels 114, and the strap closures 132 are conventional brassiere hook-and-eye type closures, that is, plush, shielded, hook-and-eye closures with a single row of hooks 132a and multiple rows of eyes 132b. However, other adjustable closure constructions, including, but not limited to, hook and loop (such as Velcro.RTM.) fasteners and conventional lingerie strap rings, hooks, and sliders, are also possible and equally effective.”, Col. 5 ln. 11-26, therefore, wherein removably engaging the at least one 132b of each front shoulder strap with the at least one 132a of each rear shoulder strap enables adjustability of a length dimension of each rear shoulder strap relative to each front shoulder strap).
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 at least one first and third fastening members of Previdi as being able to adjust the length dimension of the rear shoulder strap relative to the front shoulder strap as taught by Rainey in order to provide front and rear shoulder straps that “are adjustable to provide a better fit of the garment to the wearer.”, Col. 5 ln. 11-13.
Claims 19 are rejected under 35 U.S.C. 103 as being unpatentable over Previdi et al. (3,116,491)[Previdi] in view of Theodossiou (2015/0374048) in view of Rogers (2