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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on March 10, 2026 has been entered.
Response to Amendment
The amendments filed with the written response received on March 10, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1-8, 11-13, 21, 22, 24 and 26 have been amended; claims 9, 10, 23, 25 and 27 are canceled; claims 14-20 are withdrawn from further consideration; and claims 28-32 have been added. Accordingly, claims 1-8, 11-22, 24, 26 and 28-32 are pending in this application, with an action on the merits to follow regarding claims 1-8, 11-13, 21, 22, 24, 26 and 28-32.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the subject matter of claim 13 must be shown or the feature(s) canceled from the claim(s). Claim 13 has been amended to recite one or more additional tabs. None of the drawings show multiple tabs on the sleeve, let alone show in a single figure that there is a tab on the outer sleeve (recited in independent claim 1) and also a tab on the inner sleeve (claim 13). No new matter should be entered.
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1, line 7: “a wearer’s” should recite “the wearers”
Claim 1, line 9: “a wearer’s” should recite “the wearers”
Claim 1, line 18: “a wearer” should recite “the wearer”
Appropriate correction is required.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: new claim 28 recites “wherein the inner sleeve knitted layer is made of a moisture absorptive knitted fabric”, which is absent from the written Specification.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 28 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 28, Applicant recites “wherein the inner sleeve knitted layer is made of a moisture absorptive knitted fabric”. There does not appear to be any clear support for this limitation as it relates to the inner sleeve. Examiner notes that ¶ 00130 (last sentence) recites that the outer sleeve may comprise an absorbent material for wiping the wearer’s race or wiping off sweat from the wearer. The only other part of the written Specification, as originally-filed, that references any sort of absorption is in ¶ 00141, but it is not directly discussing the structure of the inner layer. This paragraph recites “In some embodiments, material properties of the fiber, yarn, knit pattern, or the like provide one or more of a high level of absorption, moisture retention, considerations for a higher modulus when wet, Ultraviolet Protection Factor (UPF), cooling sensation against the skin, warming sensation against the skin, moisture wicking”. However, the beginning of this paragraph recites “In some embodiments, a knit tube defining the inner tube 120 and a knit tube defining the outer tube 120 include different fibers and or yarns, different yarn weights, different fiber shapes, different yarn structures, different yarn sheath structures and compositions, different pigments, different coatings or the like” which appears to be a precursor to how the outer and inner layers are “different” rather than having the same properties. Since, as noted above, ¶ 00130 describes the outer layer as having an absorbent material, ¶ 00141 does not appear to clearly indicate that the inner layer would also have a moisture absorptive material. Correction is required. Examiner suggests Applicant remove the limitation that the inner sleeve knitted layer is made of a moisture absorptive knitted fabric, or show clear evidence that this subject matter is supported in the originally-filed disclosure.
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 1 (and claims 2-8, 11-13, 21, 22, 24, 26 and 28-32 at least due to dependency from claim 1) is 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.
Regarding independent claim 1, Applicant recites “the objects stored in the pocket space” (line 18). This limitation lacks clear antecedent basis in the claim, because no objects are ever positively recited as being actively stored in the pocket space. Lines 9-10 merely recite that the pocket space is “for storing objects”, but does not actually structurally require that there are objects in the pocket space. Correction is required. For purposes of examination, lines 18-19 are being interpreted as “wherein, when the objects are stored in the pocket space, the objects are adapted to assist with thermoregulation of a wearer when the athletic sleeve is worn”.
Regarding claim 11, Applicant recites the limitation “the object”. Claim 1, from which claim 11 depends, positively references “objects”. It is indefinite as to which of the objects that “the object” is intended to refer. Correction is required.
Regarding claim 24, Applicant recites “the at least one of the plurality of additional pockets”. Claim 24 depends from claim 5, which depends from claim 1. Claim 5 positively recites “a plurality of additional pockets”, but thereafter does not positively reference “at least one of the plurality of additional pockets”. Therefore, in claim 24, the limitation “the at least one of the plurality of additional pockets” lacks clear antecedent basis in the claims. Correction is required.
Further regarding claim 24, Applicant recites “an opening formed in the outer sleeve knitted layer”. Claim 24 depends from claim 5, which depends from claim 1. Claim 5 positively recites “where in the outer sleeve knitted layer comprises one or more openings”. It is unclear whether “an opening” in claim 24 is an additional opening to the “one or more openings” mentioned in claim 5, or should be one of the “one or more openings”. Correction is required. For purposes of examination, claim 24’s instance of “an opening” is being interpreted as “the one or more openings”, as best as can be understood.
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 (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 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.
Claims 1-3, 7, 8, 11, 13, 22, 26 and 28-32, as best as can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Leone et al. (hereinafter “Leone”) (US 2022/0395035) in view of Galanis (USPN 3,082,764), Pullen et al. (hereinafter “Pullen”) (US 2022/0296429) and Neal (US 2020/0323284).
Examiner notes that the claims below will be addressed in order of dependency, rather than direct numerical order, due to the dependency not being in direct numerical order.
Regarding independent claim 1, Leone discloses an athletic sleeve (see embodiment of arm pad #120 (i.e. garment) of Figs. 5-7, which is a sleeve; ¶ 0003 and 0049 mention sports and players, which is indicative of the sleeve being used in an athletic setting; Examiner notes that the adjective “athletic” does not further structurally define the sleeve in any patentably-distinguishing manner), the sleeve comprising: an inner sleeve layer (#123) and an outer sleeve layer (#122; arm pad #120 is constituted by a pair of sleeves (inner sleeve #123 and outer sleeve #122); ¶ 0062), wherein the outer sleeve layer at least partially overlaps with the inner sleeve layer (see second sentence of ¶ 0062, which details that the outer sleeve substantially covers the inner sleeve, in use), forming a double-layered sleeve (as noted above) with an open end in proximity to a wearer's bicep when the athletic sleeve is worn (¶ 0063 discloses that the outer sleeve is positionable over the inner sleeve in a removable manner (“when the outer sleeve is positioned over the inner sleeve” indicates that the inner and outer sleeves are not permanently affixed to one another); therefore, the ends are open, at least in the native form of Leone; the upper end would be proximate to a hypothetical wearer’s bicep when worn), wherein at least one of the outer sleeve layer and the inner sleeve layer is compressive to snugly fit over a wearer's arm when worn (see last two sentences of ¶ 0062, which describe parts of the garment being configured to a provide compression around the wearer’s arm, as well as describes the use of spandex in at least the outer sleeve, which is a material capable of applying compression, depending on the size of the wearer’s anatomy), and wherein a pocket space is defined between the inner and outer sleeve layers (there’s at least some space between the inner #123 and outer #122 layers, when the outer layer is held over the inner layer; Fig. 7 shows a cross-sectional view of three pockets #126, #128 and #130 (unlabeled in Fig. 7, but generally within the space of elbow pad #204)) for storing objects (since there is an accessible space, then hypothetical objects can be stored therein, if the user chooses to do so); and one or more permanent or detachable attachments between the inner and outer sleeve layers, positioned at the open end, for securing the outer sleeve layer over the inner sleeve layer (there are elastic bands #124A/B (i.e. detachable attachments) that serve to hold the outer sleeve over the inner sleeve in a compressive manner, wherein the elastic bands are among the inner and outer sleeves; Examiner notes that the term "between" is very broad and has a definition of "among" (Defn. No. 5 of "Random House Kernerman Webster's College Dictionary, © 2010 K Dictionaries Ltd." entry via TheFreeDictionary.com)); wherein the objects stored in the pocket space assist with thermoregulation of a wearer when the athletic sleeve is worn (at this point in the claim language, the “objects” are merely hypothetical structures that can be placed in the pocket space, since the pocket space is positively recited (lines 9-10 in the claim) as being “for storing objects”; the pocket space in Leone between the inner and outer layers is at least capable of storing objects that can serve to assist the wearer’s thermoregulation, when worn). Leone is silent to specifying the material construction used to form the sleeve (and therefore silent to the inner and outer sleeve layers being “knitted”), but does teach that the sleeve can be made of spandex (see ¶ 0045, 0049, 0062, 0090 of Leone), wherein spandex is known to typically be formed as a knitted structure in garments. Leone does not teach that the inner and outer sleeve layers #123/122 are joined together at one end thereof forming a closed end, and therefore silent to such a closed end being in proximity of the wearer's wrist when the athletic sleeve is worn. Leone is silent to there being a tab formed on the outer sleeve layer in proximity to the open end of the double-layered sleeve, the tab configured to pull the outer sleeve layer away from the inner sleeve layer to open access to the pocket space.
Galanis teaches a garment with an elongated arm sleeve tube that is doubled back or folded upon itself so that there results an outer layer portion covering an inner layer portion (see Figs. 2-5; Col. 3, Lines 44-48 of Galanis), wherein the folded end is a lower closed end for the sleeve tube (see Figs. 2-5 of Galanis).
Pullen discloses an arm sleeve with two layers, wherein the two layers are both knitted, but can have different knit structures for various characteristics/purposes, including to create different coefficients of friction, wherein the skin-facing layer can have a higher coefficient of friction to be held more securely against the skin of the user (¶ 0064, 0070 of Pullen) with the outer surface (of the outer layer) having a lower coefficient of friction so as to make it more difficult for an opposing player to grip the sleeve, during play (¶ 0048 of Pullen), as well as using knitted patterns to add 3D textures for aesthetic purposes (¶ 0048 of Pullen).
Neal teaches a sleeve with a pair of straps #212 (i.e. tabs) located at an upper cuff end that are configured to be pulled to assist the sleeve to be put on and removed from the wearer (¶ 0058 of Neal).
Leone, Galanis and Pullen all teach analogous inventions in the field of multi-layered arm sleeves. Leone and Neal teach analogous inventions in the field of open-ended arm sleeves. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have joined the outer and inner sleeves of Leone at their distal (wrist) end such that the outer sleeve #122 would be able to be folded back over the inner sleeve #123 at the lower end to cover the inner sleeve, which would result in an overall sleeve construction that could be more easily held together, to reduce the chance of losing one sleeve relative to the other, such as during laundering, etc., and further since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art (See MPEP 2144.04(V)(B)). It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have used knitted fabric for each of the inner and outer sleeves made of spandex, and to have differentiated the knit construction of the inner layer and the outer layer of the sleeve of Leone in order to adjust the coefficient of friction or to add 3D texturing via the knitted patterns, all benefits of which are taught by Pullen. It would have been further obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added the straps #212 of Neal to the upper cuff end of the sleeve of Leone in order to assist the user in pulling the sleeve while putting it on and removing it from the arm, as taught by Neal, wherein one of the straps would be located on the outer sleeve and the other straps would be located on the inner sleeve so that both sleeves could be pulled onto the arm evenly, with less of a chance of one of the inner and outer sleeves bunching up while the other is pulled (i.e. which would be more likely to happen if both straps were added only to one of the inner or outer sleeves)). As a result of the modifications, the inner and outer sleeve layers #123/122 would be joined together at the lower end of the inner and the outer sleeve layers forming a closed end (via the fold) thereat in proximity to the wearer’s wrist (via the teachings of Galanis), the inner and outer layers would be knitted (via the teachings of Pullen), there would be one or more tabs (i.e. in the form of the added straps) on the double-layered sleeve (via the teachings of Neal), with one of the tabs being located on the outer sleeve knitted layer and the tab would be capable of pulling the outer sleeve knitted layer away from the inner sleeve knitted layer to open access to the pocket space, since the sleeves would not be attached to one another at the open end near the bicep area, in use.
Regarding claim 2, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the double-layered knitted sleeve comprises an elongated knitted tube, the elongated knitted tube comprising an inner sleeve knitted portion proximate a first end of the elongated knitted tube defining the inner sleeve knitted layer, an outer sleeve knitted portion proximate a second end of the elongated knitted tube defining the outer sleeve knitted layer (see Figs. 5-6 of Leone, which show an elongated tube; as explained above, the modified sleeve is formed from knitted fabric via the teachings of Pullen, so the tube is knitted in both the inner and outer portions; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); Examiner notes that the term "proximate" is very broad and merely means "close; very near". (Defn. No. 2 of "Random House Kernerman Webster's College Dictionary" entry via TheFreeDictionary.com)), a fold along a transverse width between the inner and outer sleeve knitted portions at the closed end, and wherein the outer sleeve knitted portion is inverted and folded over at least a part of the inner sleeve knitted portion (via the teachings of Galanis that were incorporated into Leone’s garment, as explained above) such that the outer sleeve knitted portion covers around the inner sleeve knitted portion to form the double-layered knitted sleeve (as explained above, outer sleeve #122 covers the inner sleeve #123, in use).
Regarding claim 3, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the outer sleeve knitted portion is substantially folded over the length of the inner sleeve knitted portion (this was already the situation with Leone pre-modification, wherein the outer sleeve substantially covers the inner sleeve, in use, except for the teaching from Galanis being applied to Leone resulting in the fold), such that the first and second ends of the elongated knitted tube overlap or are proximate to each other (all components of the sleeve are proximate one another, at least to some degree), at least one of the one or more permanent or detachable attachments is formed proximate to the first and second ends of the elongated knitted tube (the modification does not result in a loss of the elastic bands at the in-use cuff ends, and the elastic bands (i.e. detachable attachments) would be proximate to the ends of the tube).
Regarding claim 30, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 2 above) renders obvious all the limitations of claim 2, as set forth above, and further that the inner sleeve knitted portion and the outer sleeve knitted portion in the elongated knitted tube are knitted seamlessly (Pullen, which is relied upon for teaching the knitted fabric aspect modified into Leone, teaches that the concept of knitted fabrics being seamlessly joined is a known technique, and it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have joined the inner and outer knitted fabrics via such a seamless transition for a variety of reasons, including (but not limited to) creating a faster manufacturing process that would not require the additional stitching step to join the layers).
Regarding claim 7, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the double-layered knitted sleeve comprises two or more knitting zones, wherein each knitting zone of the two or more knitting zones imparts a different attribute than one another to the double-layered knitted sleeve (there are at least two zones that impart at least some type of attribute to the overall double-layered sleeve; ¶ 0045 of Leone discloses that portions of the sleeve may have different levels of elasticity, relative to other portions that may be inelastic; further, Pullen (which teaches the knitting aspect applied to Leone in the modification) teaches that the knitted structures can have customized textile compositions/textures at different locations on the sleeve, based on individual preference (i.e. different attributes can be applied to different knitting zones) (¶ 0052, 0089-0090 of Pullen); Examiner notes that the term "zone" is very broad and merely means "an area or a region distinguished from adjacent parts by a distinctive feature or characteristic" (Defn. No. 1a of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)).
Regarding claim 8, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 7 above) renders obvious all the limitations of claim 7, as set forth above, and further that the two or more knitting zones have different texture, knit structure, yarn composition and/or fabric weights (as noted in the paragraph immediately above, Pullen teaches that textures in different knitting zones can be different, such as adjusting the coefficient of friction where needed (¶ 0089-0090 of Pullen)).
Regarding claim 11, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the object is ice (since “the object” is not positively recited in claims 1 or 11 as being structurally part of the claimed subject matter (independent claim 1 merely recites “a pocket space… for storing objects”), then “ice” is not required by the prior art to meet this particular claim limitation; the pocket(s) of modified Leone are at least capable of storing ice therein).
Regarding claim 13, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the double-layered knitted sleeve comprises one or more additional tabs formed on the inner sleeve knitted layer in proximity to the open end (as addressed in the rejection of independent claim 1, one each of the straps (i.e. tabs) from Neal were added to the inner and outer layers at the open top end).
Regarding claim 22, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the inner sleeve knitted layer comprises a silicone gripper on an interior surface of the inner sleeve knitted layer in proximity to the open end (¶ 0065 of Leone discloses that there may be a high friction silicone material #125A/B positioned on the inside of the elastic bands #124 to inhibit sliding of the inner sleeve when worn by a user).
Regarding claim 26, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the inner sleeve knitted layer and the outer sleeve knitted layer are formed from different yarns than one another or different knit structures than one another (as taught by Pullen and incorporated into the modified sleeve of Leone, as explained above in the 35 U.S.C. 103 rejection of independent claim 1).
Regarding claim 28, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the inner sleeve knitted layer is made of a moisture absorptive knitted fabric (knitted structures are formed from yarns joined wherein there are open spaces between the yarns; since there are open spaces in the modified inner sleeve knitted layer of modified Leone, then at least some amount of moisture would be capable of being absorbed therein, absent further distinguishing limitations in the claim).
Regarding claim 29, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the inner sleeve knitted layer or the outer sleeve knitted layer or both comprise a mesh region (knitted fabric itself is a type of a mesh, so both the modified inner and outer knitted layers would have a “mesh region”; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)).
Regarding claim 31, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the inner sleeve knitted layer comprises a gripping ribbed texture on an interior surface of the inner sleeve knitted layer in proximity to the open end (¶ 0062 of Leone teaches that there may be silicone bands (i.e. a gripping ribbed texture, inasmuch as this has been described in the claim) on the inner sleeve cuff ends with a high coefficient of friction to inhibit the sleeve from sliding on the user’s arm).
Regarding claim 32, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the stored objects are selected from ice cubes, ice packs, gel packs or heat packs (since “the stored objects” are not positively recited in claim 1 as being structurally part of the claimed subject matter (independent claim 1 merely recites “a pocket space… for storing objects”), then the limitation “the stored objects are selected from ice cubes, ice packs, gel packs or heat packs” is not required by the prior art to meet this particular claim limitation; the pocket(s) of modified Leone are at least capable of storing ice cubes, ice packs, gel packs or heat packs therein).
Claim 4, as best as can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Leone in view of Galanis, Pullen and Neal as applied to claim 1 above, and further in view of Sola et al. (hereinafter “Sola”) (US 2017/0202343).
Regarding claim 4, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, but is silent as to how the elastic bands (i.e. the one or more permanent or detachable attachments) are attached at the open ends of the sleeves, and it cannot be determined whether the elastic bands’ attachments to the sleeve comprise a seam, a heat bonded seam, and/or adhesive bonded seam.
Sola teaches a sleeve with open ends, wherein the open ends have elastic cuffs (#70a/b) that are attached to the remainder of the sleeve material via stitching, bonding, ultrasonic welding, or other known techniques (¶ 0043 of Sola).
Modified Leone and Sola teach analogous inventions in the field of sleeves with elastic bands at the cuffs. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have used stitching or bonding as the method of choice for attaching the elastic bands of Leone to its cuff ends, as taught by Sola, in order to provide a known mechanism for affixing components of a garment together in a secure manner, which is well-known in the art. As a result of the modification, since the elastic bands (i.e. the one or more permanent or detachable attachments) would be stitched/bonded to the sleeve, they would comprise a seam or an adhesive bonded seam.
Claims 5, 6 and 24, as best as can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Leone in view of Galanis, Pullen and Neal as applied to claim 1 above, and further in view of Hadash (US 2009/0000002).
Regarding claim 5, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and that the pocket space for storing the objects comprises a plurality of additional pockets, and wherein the athletic sleeve comprises a plurality of attachments that divide the space between the inner and outer sleeve knitted layers into a plurality of segments (the space between the inner and outer knitted layers is a pocket itself; there are additional pockets #126/128/130 that are divided into a plurality of segments; the materials that form the pockets #126/128/130 themselves are a plurality of attachments), each segment comprising a pocket of the plurality of additional pockets (as noted above), each pocket of the plurality of additional pockets having a storage space (see Fig. 7 of Leone, each pocket has a space therein for storing an object; the space between the inner and outer knitted layers is a storage space itself capable of housing a hypothetical item therein), but does not teach that the outer sleeve knitted layer comprises one or more openings in continuity with the storage spaces defined by the plurality of additional pockets.
Hadash discloses a garment sleeve with interior pockets #230, wherein respective openings #232 in the outer surface #214 of the garment sleeve permits access into the pockets from the exterior #214.
Modified Leone and Hadash teach analogous inventions in the field of sleeve garments. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added openings in the outer knitted sleeve to be in alignment with the interior pockets #126/128/130 in order to permit the user to insert items into the pockets through the outer sleeve without having to expose the inner sleeve to reach the inner pocket openings, thus providing an added benefit of convenience to the garment. As a result of the modification, the outer sleeve knitted layer would have openings respectively corresponding to each interior additional pocket #126/128/130 that would be in continuity with the storage spaces therein.
Regarding claim 6, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Hadash, as applied to claim 5 above) renders obvious all the limitations of claim 5, as set forth above, and that the storage spaces are continuous with each other (the space between the inner and outer layers (i.e. one of the storage spaces) and the storage spaces of the pockets #126/128/130 are continuous given the openings present into the storage spaces).
Regarding claim 24, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Hadash, as applied to claim 5 above) renders obvious all the limitations of claim 5, as set forth above, and teaches that the at least one of the plurality of additional pockets is partially defined by the inner sleeve knitted layer (see Fig. 7 of Leone) and is accessible through an opening formed in the outer sleeve knitted layer (via the teachings of Hadash incorporated into the outer sleeve of modified Leone, as explained above).
Claim 12, as best as can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Leone in view of Galanis, Pullen and Neal as applied to claims 1 and 11 above, and further in view of Uthoff (USPN 5,469,581).
Regarding claim 12, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claims 1 and 11 above) renders obvious all the limitations of claims 1 and 11, as set forth above, but is silent with respect to the relative thicknesses of the inner and outer sleeves, and is therefore silent to the inner sleeve knitted layer being thicker than the outer sleeve knitted layer for insulating skin of the wearer against the ice when worn.
Uthoff teaches a garment with sleeves #8/9, wherein the sleeves include an outer layer #15 and an inner layer #17. The “sleeve outer layer #15 is relatively thin and the sleeve inner layer #17 is a thicker insulating layer” (Col. 3, Lines 3-5 of Uthoff).
Modified Leone and Uthoff teach analogous inventions in the field of multi-layered sleeves. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have formed the inner and outer sleeve knitted layers of Leone so that the outer layer is relatively thin and such that the inner layer is a thicker insulating layer, as taught by Uthoff, in order to provide the wearer with added insulation, as well as added padding due to the increased material thickness, against the arm, in use.
Claim 21, as best as can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Leone in view of Galanis, Pullen and Neal as applied to claims 1 and 7 above, and further in view of Hanson Allen (hereinafter “Hanson”) (USPN 11,246,360).
Regarding claim 21, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claims 1 and 7 above) renders obvious all the limitations of claims 1 and 7, as set forth above, and teaches that different zones of the sleeve can have different features, such as different elasticities, and teaches that there is a bicep zone and an elbow zone (as explained above; see Figs. 5-7 of Leone), but is silent to specifying that the bicep zone has a compressibility that is greater than the compressibility of the elbow zone.
Hanson teaches a garment with a sleeve that has two differing levels of compression along the length of the wearer’s arm, such that the highest level of compression is adjacent a portion of the humerus and a lower level of compression is adjacent the elbow joint, to provide the garment with a more desirable slimming and shaping effect for the upper arm of the wearer and is more comfortable (Col. 3, Lines 42-51 of Hanson).
Modified Leone and Hanson teach analogous inventions in the field of arm sleeves. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have applied the level of compression at the upper arm to be higher than the level of compression at the elbow joint in order to provide the garment with a more desirable slimming and shaping effect for the upper arm of the wearer and is more comfortable, as taught by Hanson (Col. 3, Lines 42-51 of Hanson). As a result of the modification, the bicep zone (i.e. the upper arm/humerus is the same general area of the bicep zone) would have a compressibility level that is greater than that of the elbow zone.
Response to Arguments
In view of Applicant's amendment, the search has been updated, the prior art has been reconsidered, and the prior art has been applied against the claims in an updated manner. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
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/JAMESON D COLLIER/Primary Examiner, Art Unit 3732