DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
The disclosure is drawn to a number of embodiments; however, the claims are specific to the embodiment shown in FIGS 34-39. Therefore, the FIG 34-39 embodiment is elected by original presentation.
Drawings
The drawings are objected to because Figures 1a, 1b , 20, 25a, and 25b have more than one drawing. Please either use lead lines or a bracket to show how they are interconnected or have these labeled as individual drawings. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “115” has been used to designate both tiles and axes. 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. 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.
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 “at least one activity reinforcement badge” (independent claims; the drawings have support for a secondary activity badge 14 or hexagonal tiles 115, but it is not clear if these are the same as the reinforcement badge), “a band thickness” (claims 9 and 19) must be shown or the feature(s) canceled from the claim(s). 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
Claims 4 and 13 are objected to because of the following informalities: insert –a—before “shape-defining grid pattern”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 4-6, 8-10, 19-20 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 4 recites the limitation " the array of regular shapes." There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the regular periodic tiling pattern." There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the hexagonal tiling pattern." There is insufficient antecedent basis for this limitation in the claim.
Claim 7 is rendered indefinite by the recitation “color code” because it is not clear what a color code is in this context. Is a “color code” equivalent to a color?
Claim 8 recites the limitation "the color code band portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 9 recites the limitation "the proximal open end.". There is insufficient antecedent basis for this limitation in the claim.
Claims 9 and 19 recite the limitation "the color code band portion." There is insufficient antecedent basis for this limitation in the claim.
Claim 10 is indefinite because it is not clear if the first and second sleeves are the same as or in addition to the sleeve recited in claim 2.
Claim 10 is indefinite for reciting the method step “being awarded to the user.” A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. See MPEP 2173.05(P). Examiner suggests amending the recitation to –adapted to be awarded to the user--.
Claims that depend from a rejected claim are also rejected.
All claims are examined as best understood.
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.
Claim(s) 1, 3, 7, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stefanovic (US 20160015101 A1).
As to claim 1, Stefanovic discloses a behavior enhancement and goal-setting system (“GRID OF FASTENERS WITH REMOVABLE AND INTERCHANGEABLE DECORATIVE MODULAR TILES FOR USE WITH ACCESSORIES AND APPAREL ITEMS,” title, capable of being used for behavior enhancement and goal-setting) for providing a user with a wearable physical representation of the user’s progress in an activity so as to reinforce behavior supportive of the activity, the behavior enhancement and goal-setting system comprising:
at least one wearable fabric article having an outer article surface (handbag 100, para. 0035 discloses the handbag may be fabric), the outer article surface being marked with a periodic tiling pattern comprising an array of tiles configured to visually demarcate an array of activity reinforcement badge attachment sites (FIG 1 shows the pattern and fasteners 104 correspond to the claimed tiles); and
at least one activity reinforcement badge configured for attachment to a select activity reinforcement badge attachment site of the array of activity reinforcement badge attachment sites (tile 108), the at least one activity reinforcement badge being sized and shaped to correspond to a tile size and a tile shape within the array of tiles (FIG 2).
As to claim 3, Stefanovic discloses the behavior enhancement and goal-setting system according to claim 1, wherein the periodic tiling pattern is a regular periodic tiling pattern comprising an array of regular shapes (FIG 1).
As to claim 7, Stefanovic discloses the behavior enhancement and goal-setting system according to claim 1, wherein the outer article surface comprises a color code band portion (see annotated FIG 1 below; Examiner notes that the term "portion" is 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); the term “color code” does not lend any particular structure to the “band portion”), the color code band portion comprising a color code for denoting a participant activity level (the band portion necessarily comprises a color and is capable of denoting a participant activity level or any other meaning imparted by the end user).
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As to claim 9, Stefanovic discloses the behavior enhancement and goal-setting system according to claim 1, wherein the color code band portion is proximally located, distally extending from the proximal open end a band thickness (see annotated FIG 1 above).
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.
Claim(s) 2 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stefanovic (US 20160015101 A1) as applied to claim 1 above, and further in view of James (US 20180116313 A1).
As to claim 2, Stefanovic does not expressly disclose the behavior enhancement and goal-setting system according to claim 1, wherein the wearable fabric article is characterized by a sleeve, the sleeve comprising a proximal open end, a distal open end, an outer sleeve surface defining the outer article surface and a sleeve length extending along a sleeve long axis.
James teaches a similar system (“PANT CUFF RAIN GUARD ACCESSORY,” title) including a sleeve (pant cuff 10), with open proximal (upper opening 24) and distal (lower opening 20) ends, the outer surface defining a sleeve length along a sleeve long axis, the long axis being height shown in FIGS 1 and 2. Furthermore, James’ sleeve receives interchangeable decorative components/ badges 38 on the outer surface.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Stefanovic and James to result in a sleeve such as James’ having a tiling pattern, array of tiles, badge, and badge attachment site such as Stefanovic’s, for the purpose of protecting the wearer’s pant cuff against rain while enhancing the stylistic appeal (James abstract) and to provide that stylistic appeal in the form of modular tiles (Stefanovic disclosure) for achieving the desired aesthetic.
As to claim 4, Stefanovic as modified discloses the behavior enhancement and goal-setting system according to claim 2, wherein the array of regular shapes is defined by shape-defining grid pattern, the shape-defining grid pattern comprising a uniform tile-to-tile thickness (see Stefanovic FIG 1, the modification presented in claim 2 above results in James’ sleeve being combined with Stefanovic’s shapes as shown in Stefanovic FIG 1).
Claim(s) 5-6, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Stefanovic (US 20160015101 A1) in view of James (US 20180116313 A1) as applied to claim 2 or 4 above, and further in view of Ellis et al. (US 20160165965 A1).
As to claim 5, Stefanovic as modified does not disclose the behavior enhancement and goal-setting system according to claim 2, wherein the regular periodic tiling pattern is a hexagonal tiling pattern.
Stefanovic’s tiling pattern is a regular periodic tiling pattern in the form of circular snaps.
However, it is known to provide snaps in other shapes, which would result in tiling patterns of those shapes.
Ellis teaches a similar garment (“Teaching and Aiding Interactive Apparel,” title) including hexagonal snaps 820a. Replacing Stefanovic’s round snaps with Ellis’ hexagonal snaps would result in “the regular periodic tiling pattern is a hexagonal tiling pattern.”
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide hexagonal snaps, for the purpose of achieving the desired aesthetics.
As to claim 6, Stefanovic as modified does not disclose the behavior enhancement and goal-setting system according to claim 4, wherein the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending widthwise across the outer article surface in parallel relation to the proximal open end and distal open end transverse to the sleeve long axis.
Stefanovic’s tiling pattern is a regular tiling pattern in the form of circular snaps.
However, it is known to provide snaps in other shapes, which would result in tiling patterns of those shapes.
Ellis teaches a similar garment (“Teaching and Aiding Interactive Apparel,” title) including hexagonal snaps 820a. Orienting the hexagonal snaps so that the long diagonal axes extending widthwise across the outer article surface in parallel relation to the proximal open end and distal open end transverse to the sleeve long axis would be a matter of obviousness, as the snaps would work equally well in another orientation. Replacing Stefanovic’s round snaps with Ellis’ hexagonal snaps would result in “the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending widthwise across the outer article surface in parallel relation to the proximal open end and distal open end transverse to the sleeve long axis.”
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide hexagonal snaps in the claimed orientation, for the purpose of achieving the desired aesthetics.
As to claim 8, Stefanovic as modified discloses the behavior enhancement and goal-setting system according to claim 6, wherein the at least one activity reinforcement badge comprises a color code badge portion (Stefanovic para. 0006 discloses the tile has “a color, size, shape, material, pattern and texture” and any of these is considered to be the “badge portion;” Examiner notes that the term "portion" is 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), and “color code” does not lend any particular structure to the badge portion) corresponding to the color code band portion (all of the component parts “correspond” to one another).
As to claim 10, Stefanovic as modified discloses the behavior enhancement and goal-setting system according to claim 6 comprising a first sleeve (James 10), the first sleeve comprising a first color code band portion (14 in James FIG 1; Examiner notes that the term "portion" is 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), the term “color code” does not lend any particular structure to the band portion), the first color code band portion for denoting a first set of curricula associated with a first color (capable of denoting a first set of curricula associated with a first color, or any other meaning imparted by the end user).
Stefanovic in view of James does not disclose a second sleeve.
James discloses the sleeve is for pant legs, of which there are typically two, and one of ordinary skill would expect there to be two sleeves, one for each of the two pant legs.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a second sleeve in order to protect both pant legs from rain.
Duplicating James’ sleeve 10 to achieve two sleeves would obviously result in a first sleeve and at least one second sleeve, the first sleeve comprising a first color code band portion, the first color code band portion for denoting a first set of curricula associated with a first color, the at least one second sleeve comprising a second color code band portion, the second color code band portion for denoting a second set of curricula associated with a second color, the at least one second sleeve being awarded to the user upon the user’s completion of the first set of curricula.
Claim(s) 11-13 and 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over James (US 20180116313 A1) in view of Stefanovic (US 20160015101 A1).
As to claim 11, James discloses a behavior enhancement and goal-setting sleeve arrangement for providing a user with a wearable physical representation of the user’s progress in an activity so as to reinforce behavior supportive of the activity (“PANT CUFF RAIN GUARD ACCESSORY,” title, capable of representing user’s progress in an activity so as to reinforce behavior), the behavior enhancement and goal-setting sleeve arrangement comprising:
a sleeve formed from a fabric material and comprising a proximal open end, a distal open end (pant cuff 10 comprising ends 24 and 20, respectively; para. 0029 discloses cloth and cloth and fabric are synonymous), an outer sleeve surface and a sleeve length extending along a sleeve long axis (FIGS 1-2, the long axis being height shown in FIGS 1-2).
James does not disclose the outer sleeve surface being marked with a periodic tiling pattern comprising an array of tiles configured to visually demarcate an array of activity reinforcement badge attachment sites; and at least one activity reinforcement badge configured for attachment to a select activity reinforcement badge attachment site of the array of activity reinforcement badge attachment sites, the at least one activity reinforcement badge being sized and shaped to correspond to a tile size and a tile shape within the array of tiles.
Stefanovic teaches a similar garment (jacket 400 in FIG 12) including the outer sleeve surface being marked with a periodic tiling pattern comprising an array of tiles configured to visually demarcate an array of activity reinforcement badge attachment sites (FIG 12 shows the tiling pattern formed by snaps 404, the tiles are snaps 404, the tiles/ snaps receive badges 408 and 412); and at least one activity reinforcement badge configured for attachment to a select activity reinforcement badge attachment site of the array of activity reinforcement badge attachment sites (408, 412), the at least one activity reinforcement badge being sized and shaped to correspond to a tile size and a tile shape within the array of tiles (FIG 12).
James’ sleeve receives interchangeable decorative components/ badges 38 on the outer surface, but uses a different mechanism for attaching the decorative components/ badges.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to combine the teachings of Stefanovic and James to result in a sleeve such as James’ having a tiling pattern, array of tiles, badge, and badge attachment site such as Stefanovic’s, for the purpose of protecting the wearer’s pant cuff against rain while enhancing the stylistic appeal (James abstract) and to provide that stylistic appeal in the form of modular tiles (Stefanovic disclosure) for achieving the desired aesthetic.
As to claim 12, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 11, wherein the periodic tiling pattern is a regular periodic tiling pattern comprising an array of regular shapes (Stefanovic FIG 12).
As to claim 13, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 12, wherein the array of regular shapes is defined by shape-defining grid pattern, the shape-defining grid pattern comprising a uniform shape-to-shape thickness (see Stefanovic FIG 12, the modification presented in claim 11 above results in James’ sleeve being combined with Stefanovic’s shapes as shown in Stefanovic FIG 12.
As to claim 17, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 11, wherein the outer sleeve surface comprises a color code band portion (James 14, Examiner notes that the term "portion" is 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); the term “color code” does not lend any particular structure to the “band portion”), the color code band portion comprising a color code for denoting a participant activity level (the band portion necessarily comprises a color and is capable of denoting a participant activity level or any other meaning imparted by the end user)
As to claim 18, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 17, wherein the at least one activity reinforcement badge comprises a color code badge portion (Stefanovic para. 0006 discloses the tile has “a color, size, shape, material, pattern and texture” and any of these is considered to be the “badge portion;” Examiner notes that the term "portion" is 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), and “color code” does not lend any particular structure to the badge portion) corresponding to the color code band portion (all of the component parts “correspond” to one another)
As to claim 19, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 11, wherein the color code band portion is proximally located (James FIG 1), distally extending from the proximal open end a band thickness (see annotated James FIG 1 below).
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As to claim 20, James as modified discloses the behavior enhancement and goal-setting sleeve arrangement according to claim 19, wherein the band thickness is less than half a sleeve length (see annotated James FIG 1 above).
Claim(s) 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over James (US 20180116313 A1) in view of Stefanovic (US 20160015101 A1) as applied to claim 12 above, and further in view of Ellis et al. (US 20160165965 A1).
As to claim 14, James as modified does not disclose the behavior enhancement and goal-setting sleeve arrangement according to claim 12, wherein the regular periodic tiling pattern is a hexagonal tiling pattern.
Stefanovic’s tiling pattern is a regular periodic tiling pattern in the form of circular snaps.
However, it is known to provide snaps in other shapes, which would result in tiling patterns of those shapes.
Ellis teaches a similar garment (“Teaching and Aiding Interactive Apparel,” title) including hexagonal snaps 820a. Replacing Stefanovic’s round snaps with Ellis’ hexagonal snaps would result in “the regular periodic tiling pattern is a hexagonal tiling pattern.”
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide hexagonal snaps, for the purpose of achieving the desired aesthetics.
As to claim 15, James as modified does not disclose the behavior enhancement and goal-setting sleeve arrangement according to claim 14, wherein the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending widthwise across the outer sleeve surface in parallel relation to the proximal open end and distal open end transverse to the sleeve long axis.
One of ordinary skill would expect the shapes to work equally well with the long diagonal axis extending widthwise, lengthwise, or diagonally, as the orientation does not affect the ability to attach or detach a tile, and would merely be a matter of aesthetics.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending widthwise across the outer sleeve surface in parallel relation to the proximal open end and distal open end transverse to the sleeve long axis, for the purpose of aesthetics.
As to claim 16, James as modified does not disclose the behavior enhancement and goal-setting sleeve arrangement according to claim 14, wherein the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending lengthwise across the outer sleeve surface in parallel relation to the to the sleeve long axis.
One of ordinary skill would expect the shapes to work equally well with the long diagonal axis extending widthwise, lengthwise, or diagonally, as the orientation does not affect the ability to attach or detach a tile, and would merely be a matter of aesthetics.
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the hexagonal tiling pattern comprises an array of regular hexagonal shapes each of which comprise a long diagonal axis, the long diagonal axes extending lengthwise across the outer sleeve surface in parallel relation to the to the sleeve long axis, for the purpose of aesthetics.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732