DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 26 July 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 26 July 2026, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
21, 23, 32, 34, 37, 39
Canceled
1-20, 22, 24-25, 33, 35-36
Pending
21, 23, 26-32, 34, 37-39
Presented for Examination
21, 23, 26-32, 34, 37-39
Response to Arguments
Applicant's arguments filed 26 July 2026 have been fully considered but they are not persuasive.
Drawing Objections
The replacement FIG 11A overcomes the drawing objection and the objection is withdrawn.
103 Rejections
The arguments are drawn to newly added limitations and are addressed in the rejection below.
Election/Restriction
The elected embodiment is Species B, an upper body garment shown in figures 10A-15D.
Drawings
The drawings were received on 26 July 2026. These drawings are acceptable to enter, but do not overcome the objections below.
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 first and second measurements being “substantially different” (claims 21 and 32; FIG 11A shows the first and second measurements being the same) 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.
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: the first and second measurements being “substantially different” (claims 21 and 32; the disclosure has support for the sleeves being different lengths in paras. 0002, 008, 0013, 0036, 0044, 0046, but there is no support for the measurements around the sleeve being substantially different; paras. 0007 and 0062 disclose “dimensions for a shirt at points of measurement such as a wrist, upper arm, or forearm, typically affect fit of the shirt” but dimensions “at” an upper arm are not necessarily the circumference at the upper arm nor is this a disclosure of the two upper arms having “substantially different” circumferences, only a disclosure that the dimensions at the upper arm typically affects the fit).
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 21, 23, 26-32, 34, 37-39 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
The new matter is the first and second measurements being “substantially different” in claims 21 and 32. FIG 11A shows the first and second measurements being the same. There is no figure that supports the claimed first and second measurements being substantially different. The disclosure has support for the sleeves being different lengths in paras. 0002, 008, 0013, 0036, 0044, 0046, but there is no support for the measurements around the sleeve being substantially different. Paras. 0007 and 0062 disclose “dimensions for a shirt at points of measurement such as a wrist, upper arm, or forearm, typically affect fit of the shirt” but dimensions “at” an upper arm are not necessarily the circumference at the upper arm. Furthermore, this not a disclosure of the two upper arms having “substantially different” circumferences, only a disclosure that the dimensions at the upper arm typically affects the fit.
Therefore, the originally filed disclosure does not support the new claim limitations of a first measurement around the left sleeve on the upper arm portion and a second measurement around the right sleeve on the upper arm portion, wherein the first measurement is substantially different from the second measurement.
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 21, 23, 26-32, 34, 37-39 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.
Claims 21, 26-27, 32 is indefinite for reciting a third and fourth dimension without any corresponding first or second dimension.
Claims 31and 37 are indefinite for reciting a fifth dimension without any corresponding first or second dimension.
Claim 32 is indefinite for thrice reciting “the sleeve” because it is unclear if this is referring to the left sleeve or the right sleeve.
Claims that depend from a rejected claim are also rejected.
All claims are examined as best understood.
Claim Interpretation
The term “substantially different” in claims 21 and 32 is defined by para. 0033 of the disclosure as being “generally... greater than 0.5 inch.”
Claim Rejections - 35 USC § 103
Claim(s) 21, 23, 29-32, 34, and 37-39 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vernon (US 4356570 A) in view of Johnson (US 20120096622 A1) and Grilliot (US 20080072360 A1).
As to claim 21, Vernon discloses a sizing garment (“Differential thermal garment,” title), comprising:
a main body having a top section and a bottom section (FIG 1);
a left sleeve comprising a left upper arm portion affixed to a left side of the top section of the main body (see annotated FIG 1 below), and a left forearm portion extending from the left upper arm portion (see annotated FIG 1 below), and having a first measurement around the left sleeve at a first point of measurement on the left upper arm portion (see annotated FIG 1 below), and having a sleeve length for a size for a bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion);
a right sleeve comprising a right upper arm portion affixed to a right side of the top section of the main body (see annotated FIG 1 below), and a right forearm portion extending from the right upper arm portion (see annotated FIG 1 below), and having a second measurement around the right sleeve at a second point of measurement on the right upper arm portion (see annotated FIG 1 below), and having the sleeve length for the size for the bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion), wherein the second point of measurement on the right upper arm portion corresponds to the first point of measurement on the left upper arm portion (FIG 1), and wherein the first measurement around the left sleeve is different from the second measurement around the right sleeve (FIG 1).
Vernon does not disclose the first and second measurements are “substantially” different.
Vernon does disclose the first and second measurements are different. As shown in the figures, the circumference of the sleeve 20 is greater than the circumference of the sleeve of 14, and the sleeve 20 is worn over the sleeve of 14.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, such as by providing the sleeve 20 with a circumference at least 0.5” greater than the sleeve of 14, so that movement of the arm including the elbow, lower arm, and wrist, is not impeded when the garment is worn.
Vernon does not disclose a plurality of zippers positioned along at least a third dimension of the bottom section of the main body, each zipper of the plurality of zippers having respective possible positions of open or closed;
for each zipper of the plurality of zippers, a first respective piece of material having a respective first width along the third dimension and affixed behind the zipper, and wherein, when the zipper is open, a length along the third dimension expands, with respect to when the zipper is closed, based on the respective first width of the first respective piece of material.
Johnson teaches a similar sizing garment (“ADJUSTABLE FIT JACKET,” title, capable of being used for sizing) including a plurality of zippers positioned along at least a third dimension of the bottom section of the main body (10, 12, 26, 28), each zipper of the plurality of zippers having respective possible positions of open or closed (see figs);
for each zipper of the plurality of zippers, a first respective piece of material having a respective first width along the third dimension and affixed behind the zipper (40, 42, 44, 46), and wherein, when the zipper is open, a length along the third dimension expands, with respect to when the zipper is closed, based on the respective first width of the first respective piece of material (see figs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with the plurality of zippers as taught by Johnson, for the purpose of allowing the sizing to be adjusted (Johnson title) to accommodate wearers of different sizes or a single wearer having a change in size, or to achieve different aesthetics.
Vernon does not disclose a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve.
Grilliot teaches a similar garment (“Garment e.g. protective coat, and measuring scale combination…,” title, capable of being used for sizing) including a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve (30, capable of and intended to provide a measurement).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with a measuring tape as taught by Grilliot, in order to “facilitate tailoring of the garment to fit the person” (Grilliot para. 0005).
Vernon in combination with Johnson and Grilliot obviously results in “wherein each distinct combination of different positions of the plurality of zippers and different positions along the measurement tape of the sizing garment is adapted to correspond to a respective size among a plurality of sizes in a size grid for manufacturing the bifurcated garment to be selected; and
whereby a selection between the first measurement and the second measurement, a third measurement along the third dimension based on selected positions of the plurality of zippers, and a fourth measurement along the fourth dimension based on a selected position on the measurement tape define the bifurcated garment to be selected in a selected size and fit from the size grid.”
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As to claims 23 and 34, Vernon discloses the bifurcated garment comprises a type of blazer or a type of shirt (see Vernon FIGS).
As to claim 29, Vernon as modified discloses the sizing garment of claim 21, wherein the plurality of zippers comprises a first zipper extending from a first location on the bottom section of the main body to the top section of the main body near the left sleeve, and a second zipper extending from a second location on the bottom section of the main body to the top section of the main body near the right sleeve (see Johnson figs).
As to claim 30, Vernon as modified discloses the sizing garment of claim 29, wherein the first respective piece of material for each of the first zipper and the second zipper is wider at the bottom section of the main body of the sizing garment than at the top section of the main body of the sizing garment (Johnson figs 3, 4A, and 4B).
As to claims 31 and 37, Vernon as modified discloses a second measurement tape affixed along a fifth dimension and configured to provide a measurement of length at a selected position along the bottom section of the main body (Grilliot 20).
As to claim 32, Vernon discloses a sizing garment (“Differential thermal garment,” title), comprising:
a main body having a top section and a bottom section (FIG 1);
a left sleeve comprising a left upper arm portion affixed to a left side of the top section of the main body (see annotated FIG 1 below), and a left forearm portion extending from the left upper arm portion (see annotated FIG 1 below), and having a first measurement around the left sleeve at a first point of measurement on the left upper arm portion (see annotated FIG 1 below), and having a sleeve length for a size for a bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion);
a right sleeve comprising a right upper arm portion affixed to a right side of the top section of the main body (see annotated FIG 1 below), and a right forearm portion extending from the right upper arm portion (see annotated FIG 1 below), and having a second measurement around the sleeve at a second point of measurement on the right upper arm portion (see annotated FIG 1 below, as best understood), and having the sleeve length for the size for the bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion), wherein the second point of measurement on the right upper arm portion corresponds to the first point of measurement on the left upper arm portion (FIG 1), and wherein the first measurement around the sleeve is different from the second measurement around right sleeve (FIG 1, as best understood).
Vernon does not disclose the first and second measurements are “substantially” different.
Vernon does disclose the first and second measurements are different. As shown in the figures, the circumference of the sleeve 20 is greater than the circumference of the sleeve of 14, and the sleeve 20 is worn over the sleeve of 14.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, such as by providing the sleeve 20 with a circumference at least 0.5” greater than the sleeve of 14, so that movement of the arm including the elbow, lower arm, and wrist, is not impeded when the garment is worn.
Vernon does not disclose a plurality of mechanically adjustable parts positioned along at least a third dimension of the bottom section of the main body of the sizing garment, each of the plurality of mechanically adjustable parts having respective possible positions of open or closed;
for each plurality of mechanically adjustable parts, a respective piece of material having a respective width along the third dimension and affixed behind the mechanically adjustable part when the mechanically adjustable part is either open or closed, and wherein, when the mechanically adjustable part is open, a length along the third dimension expands, with respect to when the mechanically adjustable part is closed, based on the respective first width of the first respective piece of material.
Johnson teaches a similar sizing garment (“ADJUSTABLE FIT JACKET,” title, capable of being used for sizing) including a plurality of zippers positioned along at least a third dimension of the bottom section of the main body of the sizing garment (10, 12, 26, 28), each zipper of the plurality of zippers having respective possible positions of open or closed (see figs);
for each zipper of the plurality of zippers, a first respective piece of material having a respective first width along the third dimension and affixed behind the zipper (40, 42, 44, 46), and wherein, when the zipper is open, a length along the third dimension expands, with respect to when the zipper is closed, based on the respective first width of the first respective piece of material (see figs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with the plurality of mechanically adjustable parts as taught by Johnson, for the purpose of allowing the sizing to be adjusted (Johnson title) to accommodate wearers of different sizes or a single wearer having a change in size, or to achieve different aesthetics.
Vernon does not disclose a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve.
Grilliot teaches a similar garment (“Garment e.g. protective coat, and measuring scale combination…,” title, capable of being used for sizing) including a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve (30, capable of and intended to provide a measurement).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with a measuring tape as taught by Grilliot, in order to “facilitate tailoring of the garment to fit the person” (Grilliot para. 0005).
Vernon in combination with Johnson and Grilliot obviously results in “wherein each distinct combination of different positions of the plurality of mechanically adjustable parts and different measurements of length based on the measurement tape of the sizing garment is adapted to correspond to a respective size from among a plurality of sizes in a size grid for manufacturing the bifurcated garment to be selected.”
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As to claim 38, Vernon as modified discloses the sizing garment of claim 32, wherein each of the plurality of mechanically adjustable parts includes one or more snaps (Johnson para. 0033 discloses snaps and/ or hook and loop fasteners in place of the zippers).
As to claim 39, Vernon as modified discloses the sizing garment of claim 32, wherein each of the plurality of mechanically adjustable parts includes a hook and loop connector (Johnson para. 0033 discloses snaps and/ or hook and loop fasteners in place of the zippers).
Claim(s) 21, 23 and 26-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vernon (US 4356570 A) in view of Pfanner (US 10653191 B2) and Grilliot (US 20080072360 A1).
The following rejection is different rejection of claim 21 where Vernon is modifiable with Pfanner’s zipper instead of Johnson’s. The rejection of claim 23 is included here but are unchanged from the rejection of claim 23 above.
As to claim 21, Vernon discloses a sizing garment (“Differential thermal garment,” title), comprising:
a main body having a top section and a bottom section (FIG 1);
a left sleeve comprising a left upper arm portion affixed to a left side of the top section of the main body (see annotated FIG 1 below), and a left forearm portion extending from the left upper arm portion (see annotated FIG 1 below), and having a first measurement around the left sleeve at a first point of measurement on the left upper arm portion (see annotated FIG 1 below), and having a sleeve length for a size for a bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion);
a right sleeve comprising a right upper arm portion affixed to a right side of the top section of the main body (see annotated FIG 1 below), and a right forearm portion extending from the right upper arm portion (see annotated FIG 1 below), and having a second measurement around the right sleeve at a second point of measurement on the right upper arm portion (see annotated FIG 1 below), and having the sleeve length for the size for the bifurcated garment to be selected (the sleeve length being defined between the shoulder and forearm portion), wherein the second point of measurement on the right upper arm portion corresponds to the first point of measurement on the left upper arm portion (FIG 1), and wherein the first measurement around the left sleeve is different from the second measurement around the right sleeve (FIG 1).
Vernon does not disclose the first and second measurements are “substantially” different.
Vernon does disclose the first and second measurements are different. As shown in the figures, the circumference of the sleeve 20 is greater than the circumference of the sleeve of 14, and the sleeve 20 is worn over the sleeve of 14.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the first measurement around the left sleeve being substantially different from the second measurement around the right sleeve, such as by providing the sleeve 20 with a circumference at least 0.5” greater than the sleeve of 14, so that movement of the arm including the elbow, lower arm, and wrist, is not impeded when the garment is worn.
Vernon does not disclose a plurality of zippers positioned along at least a third dimension of the bottom section of the main body, each zipper of the plurality of zippers having respective possible positions of open or closed;
for each zipper of the plurality of zippers, a first respective piece of material having a respective first width along the third dimension and affixed behind the zipper, and wherein, when the zipper is open, a length along the third dimension expands, with respect to when the zipper is closed, based on the respective first width of the first respective piece of material.
Pfanner teaches a similar sizing garment (“Garment, particularly a protective vest, and zipper arrangement,” title, capable of being used for sizing) including a plurality of zippers positioned along at least a third dimension of the bottom section of the main body (12; although only one side of the vest is shown in the figures, col 3 line 20-25 discloses the arrangement on each side of the vest), each zipper of the plurality of zippers having respective possible positions of open or closed (see figs);
for each zipper of the plurality of zippers, a first respective piece of material having a respective first width along the third dimension and affixed behind the zipper (fig 2), and wherein, when the zipper is open, a length along the third dimension expands, with respect to when the zipper is closed, based on the respective first width of the first respective piece of material (see figs).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with the plurality of zippers as taught by Pfanner, for the purpose of allowing the sizing to be adjusted (Pfanner abstract) to accommodate wearers of different sizes or a single wearer having a change in size, or to achieve different aesthetics.
Vernon does not disclose a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve.
Grilliot teaches a similar garment (“Garment e.g. protective coat, and measuring scale combination…,” title, capable of being used for sizing) including a measurement tape affixed along a fourth dimension of at least one of the left sleeve or the right sleeve and configured to provide a measurement of length along the at least one of the left sleeve or the right sleeve to a selected position at a bottom of the at least one of the left sleeve or the right sleeve (30, capable of and intended to provide a measurement).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide Vernon with a measuring tape as taught by Grilliot, in order to “facilitate tailoring of the garment to fit the person” (Grilliot para. 0005).
Vernon in combination with Pfanner and Grilliot obviously results in “wherein each distinct combination of different positions of the plurality of zippers and different positions along the measurement tape of the sizing garment is adapted to correspond to a respective size among a plurality of sizes in a size grid for manufacturing the bifurcated garment to be selected; and
whereby a selection between the first measurement and the second measurement, a third measurement along the third dimension based on selected positions of the plurality of zippers, and a fourth measurement along the fourth dimension based on a selected position on the measurement tape define the bifurcated garment to be selected in a selected size and fit from the size grid.”
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As to claim 23, Vernon discloses the bifurcated garment comprises a type of blazer or a type of shirt (see Vernon FIGS).
As to claim 26, Vernon as modified discloses the sizing garment of claim 23, wherein each zipper of the plurality of zippers comprises a respective first zipper, wherein the first respective piece of material is affixed behind the first zipper (Pfanner outer zipper 12 which includes 14 and 16 and is backed by material as shown in fig 2), and a respective second zipper affixed within the first respective piece of material, and a second respective piece of material having a respective second width along the third dimension and affixed behind the second zipper (Pfanner inner zipper 20 which includes 22 and 24 and is backed by material as shown in fig 3), and wherein, when the second zipper is open, a length along the third dimension expands, with respect to when the second zipper is closed, based on the respective second width of the second respective piece of material (Pfanner see figs).
As to claim 27, Vernon as modified does not disclose the sizing garment of claim 26, further comprising a third zipper affixed within the second respective piece of material, and a third respective piece of material having a respective third width along the third dimension and affixed behind the third zipper, and wherein, when the third zipper is open, a length along the third dimension expands, with respect to when the third zipper is closed, based on the respective third width of the third respective piece of material.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide an additional zipper within the second respective piece of material, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide an additional zipper within the second respective piece of material, for the purpose of allowing an even greater degree of adjustability and customization.
As to claim 28, Vernon as modified does not disclose the sizing garment of claim 27, wherein each of the first width, the second width, and the third width is substantially equal to about two inches.
The present and prior art garments are all intended for a human wearer, and one of ordinary skill would understand that human wearers are a limited range of sizes. The ability to increase or decrease a width by two inches at a time would be within the scope of the references. For example, widths of 2 feet would likely be much too large for the intended wearer and widths of 2 mm would likely be much too small to make a difference in the fit or appearance of the garment.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide each of the first width, the second width, and the third width is substantially equal to about two inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide each of the first width, the second width, and the third width is substantially equal to about two inches, for the purpose of providing a width small enough to fit an intended wearer and large enough to sufficiently alter the fit of the garment.
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
