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 .
Status of the Claims
As directed by the amendment received on November 10, 2025, claims 1, 6, 8-10, and 15-17 have been amended, and claims 2-3 have been canceled. Claims 7, 12-14, and 18-33 were previously canceled. Accordingly, claims 1, 4-6, 8-11, and 15-17 are currently pending in this application with claims 4-5 and 11 being previously withdrawn from further consideration.
Response to Amendment
The amendments filed with the written response received on November 10, 2025, have been considered and an action on the merits follows. Any objections and rejections previously put forth in the Office Action dated July 24, 2025, are hereby withdrawn unless specifically noted below.
Claim Objections
Claim 10 is objected to because at line 2, “a cavity” should read “a respective cavity”.
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 1, 6, 8-10, and 15-17 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.
Claim 1 recite the limitation “the armhole” at each of lines 9 and 11. There is insufficient antecedent basis for this limitation in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “the one of the armholes”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 1 recites the limitation “and a rear lower edge extending from the one of the arm holes above the lower-most extent of the armhole to the outer edge of the shoulder sleeve and a sleeve top spaced above the front lower edge and the rear lower edge” at lines 10-12. Due to the awkward phrasing of the claim, it is unclear if the limitation is attempting to claim that the shoulder sleeve has the sleeve top, or if the rear lower edge is somehow meant to extend from the arm hole to the a sleeve top. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “a rear lower edge extending from the one of the arm holes above the lower-most extent of the one of the armholes to the outer edge of the shoulder sleeve, and a sleeve top spaced above the front lower edge and the rear lower edge”. That is, the shoulder sleeve is recited as having the front lower edge, the rear lower edge, and the sleeve top. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 6 recites the limitation “a top of the shoulder sleeve” at line 3. It is unclear if the limitation is meant to differ from the “sleeve top” introduced in claim 1 and if so, how it is meant to differ. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “the sleeve top”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 16 recites the limitation “the one of the arm holes above the lower-most extent of the armhole” at lines 11-12. There is insufficient antecedent basis for “the one of the arm holes” and “the armhole” in the claim. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “a respective arm hole above the lower-most extent of the respective arm hole”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 16 recites the limitation “and a rear lower edge extending from the one of the arm holes above the lower-most extent of the armhole to the outer edge of the respective shoulder sleeve and a sleeve top spaced above the front lower edge and the rear lower edge” at lines 13-15. Due to the awkward phrasing of the claim, it is unclear if the limitation is attempting to claim that each shoulder sleeve has a respective sleeve top, or if each respective rear lower edge is somehow meant to extend from the respective arm hole to the respective sleeve top. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation instead read “a rear lower edge extending from the respective arm hole above the lower-most extent of the respective arm hole to the outer edge of the respective shoulder sleeve, and a sleeve top spaced above the front lower edge and the rear lower edge”. That is, each shoulder sleeve is recited as having a respective front lower edge, rear lower edge, and sleeve top. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 16 further recites the limitation “wherein the first gusset and the second gusset extend from the respective front lower edge towards the respective sleeve top” at lines 16-17. There is insufficient antecedent basis for “the respective front lower edge” and “the respective sleeve top” in the claim. Furthermore, due to the awkward phrasing of the limitation, it is unclear if each gusset is meant to extend relative to a respective edge and sleeve top, or if both gussets are meant to extend from the same respective edge and sleeve top. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “wherein the first gusset and the second gusset each extend from the front lower edge towards the sleeve top of the respective shoulder sleeve”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 6, 8-10, 15, and 17 are also rejected for being dependent on a rejected claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 6, 8-10, and 15-17, as best can be understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by USPN 4,698,849 to Mitchell et al. (hereinafter, “Mitchell”).
Regarding claim 1, Mitchell teaches a garment (See Mitchell, Figs. 1-2; jersey (10)) comprising: a torso portion having a front, a back, a top, a head opening extending through the top, and a pair of arm holes proximate the top (See Mitchell, Figs. 1-2; body (16) of jersey formed by panels (18, 22, 24, 32) which include a front, back, top, neck opening (20) and arm holes formed on either side of torso portion as seen in annotated portions of Figs. 1-2 of Mitchell below; 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)), each of the arm holes having a lower-most extent (See annotated portions of Figs. 1-2 of Mitchell below; each arm hole has a lower-most point or extent at bottom of arm hole); a shoulder sleeve extending outwardly from one of the arm holes (See Mitchell, Figs. 1-2; each arm hole includes a shoulder sleeve formed by shoulder gusset (38) and arm portion (30)); and a gusset coupled to, and extending between, the shoulder sleeve and the torso portion adjacent the one of the arm holes (See Mitchell, Figs. 1-2; gusset (40) coupled to and extending between torso portion and respective shoulder sleeve; each gusset (40) is positioned adjacent a respective arm hole; Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)); wherein the shoulder sleeve has a front lower edge extending from the one of the arm holes above the lower-most extent of the armhole to an outer edge of the shoulder sleeve, and a rear lower edge extending from the one of the arm holes above the lower-most extent of the armhole to the outer edge of the shoulder sleeve and a sleeve top spaced above the front lower edge and the rear lower edge (See Mitchell, Figs. 1-2; shoulder sleeve includes front and rear lower edges along stitching (38) adjacent panel (36), each edge extending from an arm hole above a respective lower-most extent and out to an outer edge of the shoulder sleeve), and wherein the gusset extends from the front lower edge towards the sleeve top (See Mitchell, Fig. 1; corner of gusset (40) extends up from front lower edge toward top of shoulder sleeve partially in-between panels (38) and (30) which together form the shoulder sleeve); wherein the torso portion has a first elasticity and the gusset has a second elasticity, wherein the second elasticity is greater than the first elasticity (See Mitchell, Figs. 1-2; gusset (40), i.e., the stretch means, has more stretch than the body of the jersey and therefore has an elasticity greater than an elasticity of the body; Col. 3, line 63 – Col. 4, line 7).
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Annotated portions of Figs. 1 (left) & 2 (right) of Mitchell
Regarding claim 6, Mitchell (as applied to claim 1 above) further teaches wherein the gusset comprises a first portion and a second portion, the first portion being closer to an edge of the shoulder sleeve and the second portion being closer to a top of the shoulder sleeve (See Mitchell, Fig. 1 and annotated portion of Fig. 1 of Mitchell below; gusset (40) includes first and second portions, the first portion being closer to edge of shoulder sleeve between the gusset (40) and panel (36) of shoulder sleeve, and the second portion being closer to a top of the shoulder sleeve), the first portion comprising a greater width than the second portion, such that the gusset tapers as it extends from the first portion to the second portion (See annotated portion of Fig. 1 of Mitchell below; gusset (40) tapers in width from first portion to second portion).
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Annotated portion of Fig. 1 of Mitchell
Regarding claim 8, Mitchell (as applied to claim 1 above) further teaches wherein the gusset is stitched to the torso portion and the shoulder sleeve (See Mitchell, Figs. 1-2; gussets (40) are stitched along sides to body of jersey and respective shoulder sleeves; See Col. 4, lines 28-33).
Regarding claim 9, Mitchell (as applied to claim 1 above) further teaches wherein the shoulder sleeve is a first shoulder sleeve, and wherein the garment further comprises a second shoulder sleeve extending outwardly from the other of the arm holes, and a second gusset coupled to, and extending between, the second shoulder sleeve and the torso portion adjacent the other of the armholes (See Mitchell, Figs. 1-2; jersey (10) includes an additional, second shoulder sleeve extending outward from the other arm hole and having a second gusset (40) adjacent the other arm hole that extends between the second shoulder sleeve and the other arm hole).
Regarding claim 10, Mitchell (as applied to claims 1 and 9 above) further teaches wherein each of the first and second shoulder sleeves forms a cavity configured to retain a respective shoulder pad (See Mitchell, Figs. 1-2; each shoulder sleeve forms a cavity capable of retaining a hypothetical shoulder pad such as a respective shoulder pad (12)).
Regarding claim 15, Mitchell (as applied to claim 1 above) further teaches a first seam coupling a first side of the first gusset to the torso portion and a second seam coupling a second side of the first gusset to the first shoulder sleeve (See Mitchell, Figs. 1-2; gussets (40) are stitched along first and second sides to body of jersey and respective shoulder sleeves, respectively; See Col. 4, lines 28-33).
Regarding claim 16, Mitchell teaches an article of apparel (See Mitchell, Figs. 1-2; jersey (10)), comprising: an upper body portion having first and second arm holes (See Mitchell, Figs. 1-2; body (16) of jersey formed by panels (18, 22, 24, 32) which include arm holes formed on either side of upper body portion as seen in annotated portions of Figs 1-2 of Mitchell above; 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)), each of the first and second arm holes having a lower-most extent (See annotated portions of Figs. 1-2 of Mitchell below; each arm hole has a lower-most point or extent at bottom of arm hole); a first shoulder sleeve extending outwardly from the first arm hole; a second shoulder sleeve extending outwardly from the second arm hole (See Mitchell, Figs. 1-2; each arm hole includes a shoulder sleeve formed by corresponding shoulder gusset (38) and arm portion (30)); a first gusset coupled to, and extending between, the first shoulder sleeve and the upper body portion adjacent the first armhole; and a second gusset coupled to, and extending between, the second shoulder sleeve and the upper body portion adjacent the second armhole (See Mitchell, Figs. 1-2; gussets (40) coupled to and extending between upper body portion and respective shoulder sleeve; each gusset (40) is positioned adjacent a respective arm hole; Examiner notes that the term "adjacent" is very broad and merely means "close to; lying near". (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com); wherein each of the first shoulder sleeve and the second shoulder sleeve has a front lower edge extending from the one of the arm holes above the lower-most extent of the armhole to an outer edge of the respective shoulder sleeve, and a rear lower edge extending from the one of the arm holes above the lower-most extent of the armhole to the outer edge of the respective shoulder sleeve and a sleeve top spaced above the front lower edge and the rear lower edge (See Mitchell, Figs. 1-2; each shoulder sleeve includes front and rear lower edges along stitching (38) adjacent panel (36), each edge extending from an arm hole above a respective lower-most extent and out to an outer edge of the shoulder sleeve), and wherein the first gusset and the second gusset extend from the front lower edge towards the respective sleeve top (See Mitchell, Fig. 1; corner of gusset (40) extends up from front lower edge toward top of shoulder sleeve partially in-between panels (38) and (30) which together form the shoulder sleeve).
Regarding claim 17, Mitchell (as applied to claim 16 above) further teaches wherein the upper body portion has a first elasticity and the first gusset and the second gusset each have a second elasticity, wherein the second elasticity is greater than the first elasticity (See Mitchell, Figs. 1-2; gussets (40), i.e., the stretch means, have more stretch than the body of the jersey and therefore have an elasticity greater than an elasticity of the body; Col. 3, line 63 – Col. 4, line 7).
Response to Arguments
Applicant's arguments filed November 10, 2025 have been fully considered but they are not persuasive.
In response to Applicant’s argument that Mitchell does not teach the shoulder sleeve having the front and rear lower edges and gusset extension as claimed, Examiner respectfully disagrees. As discussed in the current grounds of rejection above, each shoulder sleeve of Mitchell formed by the panels (38) and (30) form front and rear lower edges extending from respective arm holes above a lower-most extent of each respective arm hole. Furthermore, a corner of each gusset (40) extends up partially in-between panels (38) and (30) (i.e., together, the shoulder sleeve) from a front lower edge toward a top of a respective shoulder sleeve.
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 MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732