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
Applicant’s amendment, filed 10 November 2025, is reviewed and entered. This Office Action is a 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, 25, 28-30, 32-34, 35-37
Canceled
1-20, 24, and 35
Pending
21-23, 25-34, and 36-39
Presented for Examination
21-23, 25-34, and 36-39
Response to Arguments
Applicant's arguments filed 10 November 2025 have been fully considered but they are not persuasive.
Drawing Objections
Some of the objections are overcome and some stand, please see the “drawings” heading below.
101 Rejections
Overcome by the amendment and withdrawn.
112(a) Rejections
Overcome by the amendment and withdrawn.
112(b) Rejections
Overcome by the amendment and withdrawn.
103 Rejections
Applicant’s arguments are drawn to amended limitations and are addressed in the rejections below.
Information Disclosure Statement
The information disclosure statement filed 09 December 2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Election/Restriction
The elected embodiment is Species B, an upper body garment shown in figures 10A-15D.
The requirement is made final.
Drawings
The drawings were received on 10 November 2025. 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 dimensions (claims 21, 22, 32, 33; 11/10/2025 FIG 11A is sufficient to show the “points” but a dimension would have more than one point) and the first fit different from the second fit and the first dimension is substantially different from the second dimension in combination with the second point of measurement corresponding to the first point of measurement (claims 22, 25, 33, and 36; 11/10/2025 FIG 11A shows the points of measurement but they are not different from one another), 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 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.”
The recitation “fit” is an intended use recitation. A recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Because the prior art reference and the claimed invention are structurally identical, they are expected to be capable of being used in the same manner, and the prior art reference reads on the intended use recitation in the claim.
Applicant is respectfully reminded that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In the instant case how the sleeve fits depends on the wearer’s anatomy with respect to the size of the sleeve selected. A wearer with asymmetrical arms will have two different fits if the sleeves are symmetrical, and a wearer with symmetrical arms will have two different fits if the sleeves are asymmetrical.
Claim Rejections - 35 USC § 103
Claim(s) 21-23, 25, 29-34, and 36-39 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 (title), comprising:a main body configured to fit a body of a wearer and having a top section and a bottom section configured to fit a waist of the wearer (see annotated FIG below, top section proximate the neck opening, bottom section proximate the waist opening);a left part sleeve affixed to a left side of the top section of the main body and configured to fit a left appendage arm of [[a]] the wearer and having a first dimension for a first fit aroundfor the left appendage arm in a size for a bifurcated garment to be selected (see annotated FIG below, the first dimension is the sleeve length from shoulder to arm opening; para. 0009 of the present specification defines “bifurcated” thusly: “A bifurcated garment is intended to be generally symmetrical with respect to certain dimensions related to size and fit. As used herein, a bifurcated garment is intended to mean any garment that has a left part and a right part,” and Vernon’s top garment is “generally symmetrical” and has a left and right part/ left and right sleeves);
a right part sleeve affixed to a right side of the top section of the main body and configured to fit a right appendage arm of the wearer and having a second dimension for a second fit around for the right appendage arm in the size for the bifurcated garment to be selected (see annotated FIG below, the second dimension is the sleeve length from shoulder to arm opening),
wherein the first fit is different from the second fit and the first dimension is substantially different from the second dimension (the lengths are substantially different as shown in the FIGS).
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 of the at least one of the left sleeve or the right sleeve at 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 of the at least one of the left sleeve or the right sleeve at 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 in a size chart for manufacturing the bifurcated garment to be selected; and
whereby a selection between the first fit and the second fit a first measurement along the third dimension based on selected positions of the plurality of zippers, and a second 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 for the wearer.”
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As to claim 22, Vernon as modified discloses the sizing garment of claim 21, wherein the left part sleeve has the first dimension at a first point of measurement (e.g., the upper arm), and the right part sleeve has the second dimension at a second point of measurement corresponding to the first point of measurement (e.g., the upper arm).
As to claim 23, Vernon discloses the sizing garment of claim 22, wherein the bifurcated garment comprises a type of blazer or a type of shirt (see Vernon FIGS).
As to claim 25, Vernon discloses the sizing garment of claim 23[[24]], wherein the first point of measurement comprises a position adapted to correspond corresponding to an upper left arm, or left forearm, or left wrist of the wearer (upper arm), and the second point of measurement comprises a position adapted to correspond corresponding to an upper right arm, or right forearm, or right wrist of the wearer (upper arm).
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 (title), comprising:a main body configured to fit a body of a wearer and having a top section and a bottom section configured to fit a waist of the wearer (see annotated FIG below, top section proximate the neck opening, bottom section proximate the waist opening);a left part sleeve affixed to a left side of the top section of the main body and configured to fit a left appendage arm of [[a]] the wearer and having a first dimension for a first fit aroundfor the left appendage arm in a size for a bifurcated garment to be selected (see annotated FIG below, the first dimension is the sleeve length from shoulder to arm opening; para. 0009 of the present specification defines “bifurcated” thusly: “A bifurcated garment is intended to be generally symmetrical with respect to certain dimensions related to size and fit. As used herein, a bifurcated garment is intended to mean any garment that has a left part and a right part,” and Vernon’s top garment is “generally symmetrical” and has a left and right part/ left and right sleeves);
a right part sleeve affixed to a right side of the top section of the main body and configured to fit a right appendage arm of the wearer and having a second dimension for a second fit around for the right appendage arm in the size for the bifurcated garment to be selected (see annotated FIG below, the second dimension is the sleeve length from shoulder to arm opening),
wherein the first fit is different from the second fit and the first dimension is substantially different from the second dimension (the lengths are substantially different as shown in the FIGS).
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 of the at least one of the left sleeve or the right sleeve at 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 of the at least one of the left sleeve or the right sleeve at 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 in a size chart 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 25-28 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 rejections of claims 22-25 are included here but are unchanged from the rejections of claims 22-25 above.
As to claim 21, Vernon discloses a sizing garment (title), comprising:a main body configured to fit a body of a wearer and having a top section and a bottom section configured to fit a waist of the wearer (see annotated FIG below, top section proximate the neck opening, bottom section proximate the waist opening);a left part sleeve affixed to a left side of the top section of the main body and configured to fit a left appendage arm of [[a]] the wearer and having a first dimension for a first fit aroundfor the left appendage arm in a size for a bifurcated garment to be selected (see annotated FIG below, the first dimension is the sleeve length from shoulder to arm opening; para. 0009 of the present specification defines “bifurcated” thusly: “A bifurcated garment is intended to be generally symmetrical with respect to certain dimensions related to size and fit. As used herein, a bifurcated garment is intended to mean any garment that has a left part and a right part,” and Vernon’s top garment is “generally symmetrical” and has a left and right part/ left and right sleeves);
a right part sleeve affixed to a right side of the top section of the main body and configured to fit a right appendage arm of the wearer and having a second dimension for a second fit around for the right appendage arm in the size for the bifurcated garment to be selected (see annotated FIG below, the second dimension is the sleeve length from shoulder to arm opening),
wherein the first fit is different from the second fit and the first dimension is substantially different from the second dimension (the lengths are substantially different as shown in the FIGS).
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 of the at least one of the left sleeve or the right sleeve at 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 of the at least one of the left sleeve or the right sleeve at 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 in a size chart for manufacturing the bifurcated garment to be selected; and
whereby a selection between the first fit and the second fit a first measurement along the third dimension based on selected positions of the plurality of zippers, and a second 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 for the wearer.”
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As to claim 22, Vernon as modified discloses the sizing garment of claim 21, wherein the left part sleeve has the first dimension at a first point of measurement (e.g., the upper arm), and the right part sleeve has the second dimension at a second point of measurement corresponding to the first point of measurement (e.g., the upper arm).
As to claim 23, Vernon discloses the sizing garment of claim 22, wherein the bifurcated garment comprises a type of blazer or a type of shirt (see Vernon FIGS).
As to claim 25, Vernon discloses the sizing garment of claim 23[[24]], wherein the first point of measurement comprises a position adapted to correspond corresponding to an upper left arm, or left forearm, or left wrist of the wearer (upper arm), and the second point of measurement comprises a position adapted to correspond corresponding to an upper right arm, or right forearm, or right wrist of the wearer (upper arm).
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
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 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