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 .
Response to Amendment
The amendments filed with the written response received on July 16, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1 and 11 have been amended; claims 5, 6, 9, 10, 12-20, 22-25, 27, 28, 31 and 32 are canceled; and claims 33-41 have been added. Accordingly, claims 1-4, 7, 8, 11, 21, 26, 29, 30 and 33-41 are pending in this application, with an action on the merits to follow.
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: claim 1 has been amended to recite that there is a “single pocket space” defined by the inner and outer sleeve layers. There is nothing in the Specification that describes this pocket space as being a “single” pocket space.
Claim Objections
Claims 33 and 38 are objected to because of the following informalities:
Claim 33, line 5: “a wearer’s” should recite “the wearer’s”
Claim 33, line 7: “a wearer’s” should recite “the wearer’s”
Claim 38, line 5: “a wearer’s” should recite “the wearer’s”
Claim 38, line 7: “a wearer’s” should recite “the wearer’s”
Claim 38, line 8: “a wearer” should recite “the wearer”
Appropriate correction is required.
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.
Claims 39 and 40 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 39 and 40, Applicant recites the limitation “the stored objects” in each claim. In independent claim 38, from which each of claims 39 and 40 depend, Applicant recites “a pocket space is defined by the inner and outer sleeve knitted layers for storing objects that assist with thermoregulation of a wearer when the athletic sleeve is worn”. At no point are an objects structurally stored, and the limitation “the stored objects” therefore lacks clear antecedent basis in the claims. Correction is required. Examiner suggests “the objects” instead of “the stored objects”.
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, 26, 29, 30, 38, 39 and 41 (claim 39 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) 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) and an open end in proximity to the 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 the 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 single pocket space is defined by 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); any one of the pockets is a single pocket space, or alternatively, all of the pockets together form an overall single pocket space; Examiner notes that Applicant uses the open-ended transitional phrase “comprising” in claim 1, which permits additional elements to be present than the elements which are explicitly recited in the claim) for storing ice, ice packs, or gel packs when the athletic sleeve is worn (since there is an accessible space, then hypothetical ice, ice packs or gel packs can be stored therein, if the user chooses to do so; Examiner notes that the emphasized/italicized language is a statement of intended use that does not further structurally define the claimed invention in any patentably-distinguishing sense); a silicone gripper formed on an interior surface of the inner sleeve layer in proximity to the open end (¶ 0065 of Leone discloses that there may be a high friction silicone material #125A/B (i.e. a silicone gripper is present) positioned on the inside of the elastic bands #124 to inhibit sliding of the inner sleeve when worn by a user); 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)). 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 (¶ 0012, 0064 of Pullen), 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 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 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 independent claim 38, 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) 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) and 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 by 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); any one of the pockets is a pocket space, or alternatively, all of the pockets together form an overall pocket space) for storing objects that assist with thermoregulation of a wearer when the athletic sleeve is worn (since there is an accessible space, then hypothetical objects that assist with thermoregulation of a wearer, in use, can be stored therein, if the user chooses to do so; Examiner notes that the emphasized/italicized language is a statement of intended use that does not further structurally define the claimed invention in any patentably-distinguishing sense); 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)). 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 is therefore silent as to whether the double-layered sleeve comprises two or more knitting zones that each impart a different attribute than one another to the sleeve, and wherein one of such two or more knitting zones in the sleeve is a wrist cuff that has one end adjacent to such a closed end of the sleeve. 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). Pullen 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).
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, and further obvious to have had a different knitting construction at the wrist cuff end in order to tightly hold the sleeve in place on the wrist of the wearer to prevent that end of the sleeve from either sloughing off over the hand or sliding up the arm. 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, wherein the double-layered knitted sleeve would comprise two or more knitting zones that each impart a different attribute than one another to the 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)), and wherein one of such two or more knitting zones in the sleeve is a wrist cuff that has one end adjacent to such a closed end of the sleeve (as noted above).
Regarding claim 39, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 38 above) renders obvious all the limitations of claim 38, as set forth above, and further that the stored objects are selected from ice, ice packs, or gel packs (as noted in the rejection of claim 38 above, the “objects” are merely hypothetical structures that are not positively recited as being required by the sleeve; the pocket space is at least capable of storing ice, ice packs or gel packs therein; Examiner notes that claim 39 does not further structurally define the claimed invention in any patentably-distinguishing sense).
Regarding claim 41, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 38 above) renders obvious all the limitations of claim 38, as set forth above, and further that the wrist cuff has a different knit structure from the inner sleeve knitted layer and the outer sleeve knitted layer (see the 35 U.S.C. 103 rejection of claim 38 above, which describes the motivation for applying a different knit construction at the wrist cuff end in the modification), and the inner sleeve knitted layer and the outer sleeve knitted layer are seamlessly knitted to the end of the wrist cuff at the closed end (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 (¶ 0012, 0064 of Pullen), 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, wherein since the closed end is where the inner and outer layers are joined, the closed end at the wrist cuff would have been the obvious location of the seamless transition).
Claim 4 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.
Claim 21 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.
Claims 11, 33, 34, 36, 37 and 40 (claim 40 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 claims 1 and 38 above, regarding claims 11 and 40), and further in view of Uthoff (USPN 5,469,581).
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 that the ice, ice packs, or gel packs is ice (the “ice, ice packs, or gel packs” are merely hypothetical structures that are not positively recited as being required by the sleeve; the pocket space is at least capable of storing ice therein), but is silent with respect to the relative thicknesses of the inner and outer sleeves, and therefore silent as to whether the inner sleeve knitted layer is 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. As a result of the modification, the thicker inner layer would at least be capable of insulating skin of the hypothetical wearer against hypothetical ice, in use.
Regarding independent claim 33, 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) 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) and 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 by 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); any one of the pockets is a pocket space, or alternatively, all of the pockets together form an overall pocket space) for storing ice when the athletic sleeve is worn (since there is an accessible space, then hypothetical ice can be stored therein, if the user chooses to do so; Examiner notes that the emphasized/italicized language is a statement of intended use that does not further structurally define the claimed invention in any patentably-distinguishing sense); 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)). 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. Leone is silent with respect to describing the relative thicknesses of the inner and outer sleeves, and therefore silent as to whether the inner sleeve layer is thicker than the outer sleeve layer for insulating skin of the wearer against the ice when worn.
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). Pullen 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).
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).
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).
Leone, Galanis, Pullen and Uthoff 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)). 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 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. 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, and the thicker inner layer would at least be capable of insulating skin of the hypothetical wearer against hypothetical ice, in use.
Regarding claim 34, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Uthoff, as applied to claim 33 above) renders obvious all the limitations of claim 33, 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 36, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Uthoff, as applied to claim 33 above) renders obvious all the limitations of claim 33, 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)), and 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 37, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Uthoff, as applied to claim 33 above) renders obvious all the limitations of claim 33, as set forth above, and further that the inner sleeve knitted layer comprises a silicone gripper or a gripping ribbed texture 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 (i.e. a silicone gripper is present) positioned on the inside of the elastic bands #124 to inhibit sliding of the inner sleeve when worn by a user).
Regarding claim 40, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen and Neal, as applied to claim 38 above) renders obvious all the limitations of claim 38, as set forth above, and that the stored objects are ice (the “objects” are merely hypothetical structures that are not positively recited as being required by the sleeve; the pocket space is at least capable of storing ice therein), but is silent with respect to the relative thicknesses of the inner and outer sleeves, and therefore silent as to whether the inner sleeve knitted layer is 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. As a result of the modification, the thicker inner layer would at least be capable of insulating skin of the hypothetical wearer against hypothetical ice, in use.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Leone in view of Galanis, Pullen, Neal and Uthoff as applied to claim 33 above, and further in view of Hadash (US 2009/0000002).
Regarding claim 35, the modified sleeve of Leone (i.e. Leone in view of Galanis, Pullen, Neal and Uthoff, as applied to claim 33 above) renders obvious all the limitations of claim 33, as set forth above, and further that the pocket space for storing the ice 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.
Response to Arguments
Examiner notes that Applicant’s amendments have necessitated new/updated ground(s) of rejection. Applicant's arguments filed July 16, 2026 have been fully considered but they are not persuasive.
Applicant argues that Leone’s sleeve has multiple pockets provided on the inner sleeve, which are intended for storing arm pads, not ice, ice packs or gel packs, and that therefore Leone fails to disclose “a single pocket space is defined by the inner and outer sleeve knitted layers for storing ice, ice packs, or gel packs” (Page 8 of Remarks). This is not found persuasive because there is, in Leone, a single pocket space that exists between the inner and outer layers that is at least capable of storing ice, ice packs or gel packs. None of the claims positively recite “ice, ice packs, or gel packs” as being required structure in the sleeve, as they are only positively referenced within functional language regarding what Applicant’s intended storage objects are in the pocket space. Further, the claims use the transitional phrase “comprising”, which is open-ended and permits the presence of additional elements than those recited in the claim (i.e. there may be multiple pocket spaces present, each pocket space itself being a single pocket space). Since Leone’s two layers are not fused together along their entire lengths and circumferences, they do have a single pocket space therebetween and defined by the inner and outer layers.
Applicant further argues that “it would not be obvious, based on the teachings of Leone, to join the outer and inner sleeves to produce an overall sleeve construction that could be more easily held together, to reduce the chance of losing one sleeve during laundering”, and that “the disclosed motivation to combine the sleeves (reduce the chance of losing one sleeve during laundering) is not disclosed in Leone and can be achieved by connecting the sleeves in a manner that fails to produce a pocket” (Page 8 of Remarks). Examiner notes that the motivation to combine references (i.e. in this case, combining the teachings of Galanis with the teachings of Leone) need not be gleaned from only the prior art, but also from the knowledge held by one having ordinary skill in the art. Galanis teaches the structure of a double-layered arm sleeve that is joined at one end by folding the sleeve over and back onto itself to form the two layers, as explained above. Applicant also argues that Galanis is directed to a baby restraining garment and not an athletic sleeve, and does not teach a single pocket space defined by inner and outer sleeve knitted layers for storing ice, ice packs, or gel packs. Examiner notes that Galanis is analogous to Leone in the field of multi-layered sleeves, and that Galanis is not being relied upon for addressing the intended use limitations of the sleeve being an “athletic” sleeve and that the pocket space is for storing ice, ice packs, or gel packs”.
Applicant further argues, regarding claim 11, that the concept of the inner sleeve being thicker than the outer sleeve would not be obvious to the skilled person without the benefit of having read the instant application. It appears Applicant is arguing that the combination is based on improper hindsight reasoning. It must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the Applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971). Since Uthoff, as explained above, teaches the concept of having a multi-layered sleeve with a thicker inner layer compared to the relatively thin outer layer, for the purpose of user insulation, Applicant’s disclosure is not the only source that includes such knowledge. Further, the motivation to combine Uthoff’s teachings into Leone’s sleeve is to provide additional padding for the user’s arm (i.e. via a thicker inner layer compared to the outer layer’s thickness), which is not a benefit disclosed by Applicant (Applicant’s only disclosed benefit is based on the thicker inner layer serving to insulate the user’s skin from the ice stored in the pocket space; ¶ 0053, 0079, 0095, 0126, 0221, 0247, 0263 of Applicant’s Specification as originally filed).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMESON COLLIER whose telephone number is (571)270-5221. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMESON D COLLIER/ Primary Examiner, Art Unit 3732
Prosecution Insights