DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
This is in response to Application filed on July 19, 2014 in which claims 1-3 are presented for examination.
Title Objection
The title of the invention “A Garment” is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. See 37 CFR1.72(a).
Drawings
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 below must be shown or the feature(s) canceled from the claim(s).
1. the device is located in a pocket (claim 16).
2. the device is located under a displaceable hinged flap (claim 17).
3. the device is secured to the garment along one edge of the device so as to allow hinging.
4. wherein sleeve cuffs of the garment are in the form of turn-back cuffs, and wherein overlock stitching is concealed inside the turn-back cuffs when folded back (claim 20).
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
Claim 10 is objected to because of the following informalities:
Claim 10 recites “formed from a soft pilled fabric”, in which it appears the limitation “pilled” is a typographical error, and should read as -- a soft piled fabric --. For purposes of examination, Examiner is interpreting “pilled” as being piled.
Claim 18 recites “…so as to allow hinging”, in which it appears the limitation “hinging” is a typographical error, and should read as -- hanging --. For purposes of examination, Examiner is interpreting “hinging” as being hanging.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is 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 pre-AIA the applicant regards as the invention.
Regarding claim 3, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
All dependent claims are rejected for depending from a rejected base claim.
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 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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 7-8 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021).
Regarding claim 1, Jorgensen teaches, A garment (10, [0021], figure 1) having a seam including an interaction device (“T-shirt 10 includes a pair of sleeves 12, a collar 14, a waist hemline 16, and a middle torso region 18. Unlike conventional garments, t-shirt 10 includes a set of fidget elements 20 discreetly incorporated into attachment areas, such as waist hemline 16. Fidget elements 20 may vary widely, and generally include tactile elements that can be rubbed, squeezed, or otherwise touched (such as a piece of satin or other uniquely textured article) or manipulable elements that can be “fiddled” with or otherwise moved or manipulated such that they move or rotate independently of a wearable article of clothing (such as beads or pellets). Incorporation of fidget elements 20 into waist hemline 16 can be achieved through various methods such as sewing or adhering the fidget elements 20 into waist hemline 16, with waist hemline 16 acting as an elongated channel 21 or enclosure. Fidget elements 20 in the form of manipulable elements may be received and contained within channel 21.”, [0021], “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1). These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10. It should be recognized that manipulable elements, such as beads, pellets, or other spherical or polyhedral-shaped objects may also be attached to a garment in alternative ways, and beads are not limited to spherical shapes. For example, a manipulable element may be attached to a garment via a string or other cordage such that the manipulable element may freely rotate around the cordage without disturbing or otherwise causing the garment to move. In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, 10 having 21 including 20).
While an interaction device 20 is disclosed in [0029] as “As a still further alternative fidget element 21 is secured on or in the garment so as to not be moveable relative to the garment. In such a non-movable fidget alternative, the wearer manipulates the garment at fidget element 21 without movement of fidget element 21 relative to the garment.”, and is disclosed in [0028] as “The properties of fidget elements 20 themselves are also able to be selected to provide the wearer with customized sensory feedback that is optimized to the wearer's individual needs and desires. Jorgensen fails to teach, an interaction device comprising a base and at least one interactive button, which button is operable to move from a first position extending from a first face of the base to a second position extending from an opposed second face of the base.
Mahan, an article on the fidget toy Pop It!, teaches, an interaction device comprising a base and at least one interactive button, which button is operable to move from a first position extending from a first face of the base to a second position extending from an opposed second face of the base (“Walk into any gift shop, Target or toy store and you’ll find a Pop It! — a colorful, silicone sensory toy that mimics the sensation of popping bubble wrap.”, page. 1, paragraph. 1, ln. 1-2, “So how does one play with a Pop It!? As you can probably deduce just by looking at the piece of bumpy silicone, the play pattern is pretty straightforward. There are two sides of bubbles you pop in and out, and once you’re finished with one side, flip it over and pop the other, making it a never-ending bubble popping game, as its product description promises.”, page 3, paragraph 1, ln. 1-5, “Fidget toys, in general, help kids release nervous or restless energy, Dr. Sanam Hafeez, a New York City-based neuropsychologist tells Inside Hook. And kids could be subconsciously using the Pop It! as a stress reliever. “Popping the little bubbles may also relax muscle tension, reduce anxiety and stress,” she says. “And allow children to release restless energy, which can help them concentrate better.”, page 4, paragraph 2-3, ln. 1-8, therefore, an interaction device (“Pop It!”) comprising a base and at least one interactive button (“bubbles”), which button is operable to move from a first position extending from a first face of the base to a second position extending from an opposed second face of the base (“two sides of bubbles you pop in and out, and once you’re finished with one side, flip it over and pop the other”)).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the interaction device of Jorgenson as an interaction device with an interactive button as taught by Mahan, in order to provide a fidget toy that allows for “Popping the little bubbles may also relax muscle tension, reduce anxiety and stress,” she says. “And allow children to release restless energy, which can help them concentrate better.”, page 4, paragraph 2-3, ln. 1-8.
Regarding claim 2, the combined references teach, wherein at least one part of the base is secured in or to the garment, whereby the device is operable without displacement from, or substantially even on, the garment (Jorgenson, “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1). These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10. It should be recognized that manipulable elements, such as beads, pellets, or other spherical or polyhedral-shaped objects may also be attached to a garment in alternative ways, and beads are not limited to spherical shapes…In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein at least one part of the base (of the Pop It! device as taught by Mahan) is secured in or to 10 of Jorgenson, whereby the device is operable without displacement from, or substantially even on, 10 of Jorgenson).
Regarding claim 3, the combined references teach, wherein said device is securely held within the garment using non-intrusive stitches, such as Flat Felled, French or Single stitch (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem”, [0007], “In the preferred embodiments visual distractions caused by fidget elements are reduced through discreetly incorporating the fidget elements into wearable articles at strategic locations. These include along hemlines of the articles, on interior surfaces of the articles, or in other locations on the articles that are not readily observable by peers. Visual distractions are also reduced as a result of limiting obvious and observable misuse of the fidget elements by a user. This is accomplished because the wearable article restrains the movement of the fidget elements which are embedded within the wearable articles. Audible distractions are similarly reduced as the wearable articles also act to dampen noise caused by the fidget elements.”, [0009]therefore, wherein said device (Pop It! device as combined above, as taught by Mahan) is securely held within the garment using non-intrusive stitches, such as Flat Felled, French or Single stitch, Examiner notes: Applicant’s Specification on page 3 lines 4-16 discloses “In some embodiments the device is held within the garment by a double turned hem, wherein the fabric of the garment is folded over the device so as to securely encase the device within the hem. The double turned hem creates a smooth, flat surface, allowing stitching to hold the device in place, without any raised seams, thereby ensuring a seamless and uninterrupted tactile experience for the wearer and eliminating any potential discomfort or irritation caused by raised or protruding elements. In some embodiments seams throughout the garment are formed only by non- intrusive stitches. The non-intrusive stitches prioritize the wearer's comfort and minimize sensory irritation. In particular, the seams of the garment are carefully formed using stitches that maintain a low profile and prevent any raised or bulky seams that could cause discomfort. These non-intrusive stitches ensure a smooth and seamless surface, both inside and outside the garment, thus enhancing the overall wearing experience and preventing any potential sensory irritation for the wearer.”, therefore, the double fold hem as disclosed in Jorgenson is a non-intrusive stitch, and therefore reads on the limitation “using non-intrusive stitches”).
Regarding claim 4, the combined references teach, wherein the device is held within the garment by a double turned hem, wherein the fabric of the garment is folded over the device so as to securely encase the device within the hem (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem”, [0007], “In the preferred embodiments visual distractions caused by fidget elements are reduced through discreetly incorporating the fidget elements into wearable articles at strategic locations. These include along hemlines of the articles, on interior surfaces of the articles, or in other locations on the articles that are not readily observable by peers. Visual distractions are also reduced as a result of limiting obvious and observable misuse of the fidget elements by a user. This is accomplished because the wearable article restrains the movement of the fidget elements which are embedded within the wearable articles. Audible distractions are similarly reduced as the wearable articles also act to dampen noise caused by the fidget elements.”, [0009], therefore, wherein the device (Pop It! device as combined above, as taught by Mahan) is held within 10 of Jorgenson by a double turned hem, wherein the fabric of 10 of Jorgenson is folded over the device (Pop It! device) so as to securely encase the device (Pop It! device) within the hem).
Regarding claim 7, the combined references teach, wherein the device comprises a plurality of buttons arranged to move in opposing directions (as combined above as taught by Mahan, wherein the device (Pop It! device) comprises a plurality of button (bubbles) arranged to move in opposing directions, see Mahan, page 3, paragraph 1, ln. 1-5).
Regarding claim 8, the combined references teach, wherein the device is located along the bottom edge of the garment in use (Jorgenson, “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1). These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10. It should be recognized that manipulable elements, such as beads, pellets, or other spherical or polyhedral-shaped objects may also be attached to a garment in alternative ways, and beads are not limited to spherical shapes…In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) is located along 16 of 10 of Jorgensen in use, Jorgensen figure 1).
Regarding claim 14, the combined references teach, wherein the device is located to fore of the garment in use (“Referring now to the drawings and the illustrative embodiments depicted therein, a t-shirt 10 (FIG. 1) has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. T-shirt 10 includes a pair of sleeves 12, a collar 14, a waist hemline 16, and a middle torso region 18. Unlike conventional garments, t-shirt 10 includes a set of fidget elements 20 discreetly incorporated into attachment areas, such as waist hemline 16.”, [0021], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) located to fore of 10 of Jorgensen in use, figure 1).
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Kraikhajornkitti (2020/0268059).
Regarding clam 5, the combined references teach, seams throughout the garment (there are seams throughout 10 of Jorgensen, figure 1).
The combined references fail to teach, wherein seams throughout the garment are formed only by non-intrusive stitches.
Kraikhajornkitti, a garment, Abstract, teaches, wherein seams throughout the garment are formed only by non-intrusive stitches (“Note that garment 100 does not have or need any closure mechanisms, such as buttons, zipper, etc., although such features could still be present for aesthetic purposes. The knit panels are attached, e.g., cut and sewn, to the edges/seams of the woven garment panels to create an additional garment piece that allows for stretch in certain areas of the garment, for example, in the side, shoulder and underarm areas of exemplary garment 100. Thus, each of the knit side panels 130 is attached to respective side seams 111, 121 and to an underarm portion of respective arm seams 112. Each of the knit shoulder panels 140 is attached to respective shoulder seams 113, 123 and to a top portion of respective arm seams 112. The shoulder panels 140 allow for flexibility in upper body movement and allow for enough stretch to allow a person's head and neck through the neckline 102 of the garment. Each of the knit underarm panels 160 is attached to respective sleeve seams 151 and to the underarm portion of respective arm seams 112 together with the side seams 111, 121. The underarm panels in FIG. 5 are sewn underneath the sleeve of the garment to allow the room for a variety of bicep and arm sizes and for enhanced movability through in the arm area. All the seams can be flat felled, French, overlock, or any other style or kind of sewn attachment.”, [0026], therefore, wherein seams throughout 100 are formed only by a flat felled seam, which are non-intrusive stitches, Examiner notes: Examiner has interpreted the limitation “non-intrusive stitches”, based on Applicant’s disclosure on page 3 lines 11-19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seams of the garment of Jorgenson as being formed only by non-intrusive stitches as taught by Kraikhajornkitti, in order to provide the garment with seams that are high in strength, durability with a neat finish on both sides of the fabric due to the raw edges of the garment pieces being fully enclosed, which are characteristics of a flat felled seam.
Regarding clam 6, the combined references teach, seams throughout the garment (there are seams throughout 10 of Jorgensen, figure 1).
The combined references fail to teach, wherein seams throughout the garment are formed only by non-intrusive stitches.
Kraikhajornkitti, a garment, Abstract, teaches, wherein stitches throughout the garment utilize flat felled seams (“Note that garment 100 does not have or need any closure mechanisms, such as buttons, zipper, etc., although such features could still be present for aesthetic purposes. The knit panels are attached, e.g., cut and sewn, to the edges/seams of the woven garment panels to create an additional garment piece that allows for stretch in certain areas of the garment, for example, in the side, shoulder and underarm areas of exemplary garment 100. Thus, each of the knit side panels 130 is attached to respective side seams 111, 121 and to an underarm portion of respective arm seams 112. Each of the knit shoulder panels 140 is attached to respective shoulder seams 113, 123 and to a top portion of respective arm seams 112. The shoulder panels 140 allow for flexibility in upper body movement and allow for enough stretch to allow a person's head and neck through the neckline 102 of the garment. Each of the knit underarm panels 160 is attached to respective sleeve seams 151 and to the underarm portion of respective arm seams 112 together with the side seams 111, 121. The underarm panels in FIG. 5 are sewn underneath the sleeve of the garment to allow the room for a variety of bicep and arm sizes and for enhanced movability through in the arm area. All the seams can be flat felled, French, overlock, or any other style or kind of sewn attachment.”, [0026], therefore, wherein seams throughout 100 are formed only by a flat felled seam, which are non-intrusive stitches, Examiner notes: Examiner has interpreted the limitation “non-intrusive stitches”, based on Applicant’s disclosure on page 3 lines 11-19).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the seams of the garment of Jorgenson as being formed only by non-intrusive stitches as taught by Kraikhajornkitti, in order to provide the garment with seams that are high in strength, durability with a neat finish on both sides of the fabric due to the raw edges of the garment pieces being fully enclosed, which are characteristics of a flat felled seam.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Woods (2022/0117337).
Regarding clam 9, the combined references teach, wherein the garment is made of fabric (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein 10 is made of fabric).
The combined references fail to teach, wherein the garment is made of soft fabric.
Woods, a garment with a tactile device, figures 1 and 2, teaches, wherein the garment is made of soft fabric (“As used herein, the term “fabric” means a material used in the construction of the present disclosure. Fabrics include natural fibers (e.g., cotton, hemp, flax, fur, jute, linen, silk, wool, etc.) and/or synthetic fibers (e.g., latex, nylon, polyester, polyurethane, rayon, rubber, silicon, spandex, etc.), or a blend thereof.”, [0044], “Referring to FIG. 1 and FIG. 2, a garment 10 is illustrated in accordance with an embodiment of the present disclosure. In some embodiments, the present disclosure provides a variety of tactile devices (e.g., tactile device 50 of FIG. 1) for use on a garment 10.”, [0048], “In some embodiments, the base fabric and/or the exterior fabric layer is made from natural and/or synthetic fibers including cotton, wool, flax, polyester, blends thereof, and the like that may have a suitable textile weave used in the art. In some embodiments, the base fabric and/or the exterior fabric layer is made entirely or primarily of natural fibers (e.g., cotton, wool, flax, etc.) rather than synthetic fibers. Additional details and information regarding the materials and design of textiles is described in Sinclair, Rose, ed., 2014, “Textiles and Fashion: Materials, Design and Technology,” Elsevier, print, which is hereby incorporated by reference in its entirety.”, [0049], therefore, wherein 10 is made of soft fabric, figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the garment of Jorgenson as being made of soft fabric as taught by Woods, in order to provide the user a comfortable garment.
Regarding clam 10, the combined references teach, wherein the garment is made of fabric (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein 10 is made of fabric).
The combined references fail to teach, wherein the garment is formed from soft pilled fabric.
Woods, a garment with a tactile device, figures 1 and 2, teaches, wherein the garment is formed from soft pilled fabric (“As used herein, the term “fabric” means a material used in the construction of the present disclosure. Fabrics include natural fibers (e.g., cotton, hemp, flax, fur, jute, linen, silk, wool, etc.) and/or synthetic fibers (e.g., latex, nylon, polyester, polyurethane, rayon, rubber, silicon, spandex, etc.), or a blend thereof.”, [0044], “Referring to FIG. 1 and FIG. 2, a garment 10 is illustrated in accordance with an embodiment of the present disclosure. In some embodiments, the present disclosure provides a variety of tactile devices (e.g., tactile device 50 of FIG. 1) for use on a garment 10.”, [0048], “In some embodiments, the base fabric and/or the exterior fabric layer is made from natural and/or synthetic fibers including cotton, wool, flax, polyester, blends thereof, and the like that may have a suitable textile weave used in the art. In some embodiments, the base fabric and/or the exterior fabric layer is made entirely or primarily of natural fibers (e.g., cotton, wool, flax, etc.) rather than synthetic fibers. Additional details and information regarding the materials and design of textiles is described in Sinclair, Rose, ed., 2014, “Textiles and Fashion: Materials, Design and Technology,” Elsevier, print, which is hereby incorporated by reference in its entirety.”, [0049], therefore, wherein 10 is made of soft fabric, figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the garment of Jorgenson as being made of pilled fabric as taught by Woods, in order to provide the user a comfortable garment.
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Burge et al. (2019/0008677)[Burge].
Regarding clam 11, the combined references teach, wherein the garment is formed in a material (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein 10 is made of fabric).
The combined references fail to teach, wherein the garment is formed in bamboo.
Burge, a therapeutic garment, Abstract, teaches, wherein the garment is formed in Modal Knit (“Carbonaceous fiber blend textile articles are provided which have therapeutic properties for use in connection with treatment of, among other conditions and diseases, developmental neurologic disorders, which are created without significantly compromising the textile hand (or feel) of the textile or the surface appearance of the textile.”, [0042], “Implementations of the present disclosure include comfortable and sensory friendly garments, such as shirts S, pants P, and underwear U, coats C, headwear H, masks and balaclavas M, jackets J, gloves G, socks SX, and also sensory friendly sleepwear SW for children and adults (FIG. 1).”, [0048], “In at least one example, fabrics made from at least one implementation of a carbonaceous fiber blend textile material of the present disclosure have had a positive impact on the physiology and behavior of individuals with Autism, Sensory Processing Disorder, ADD/ADHD, diabetes, and menopause.”, [0056], “A further implementation of the present disclosure includes a textile article suitable for use in treating a user having a neurological disorder. One such implementation includes a textile article comprising 25 to 100 weight % carbonaceous fiber and 0 to 75 weight % blending fiber. Such textile article could in an implementation include the carbonaceous fiber being an oxidized polyacrylonitrile fiber that absorbs convective and radiant energy generated by the user, and responsively emits the absorbed energy in the far infrared spectrum and/or wherein the carbonaceous fiber is an oxidized polyacrylonitrile fiber that absorbs convective and radiant energy from an environment, and responsively emits the absorbed energy in the far infrared spectrum. In another implementation the textile article includes carbonaceous fiber that is an oxidized polymeric fiber and is about 30 to 70 weight %; and the blending fiber is about 30 to 70 weight %. Optionally, the textile article includes the blending fiber being an apparel fiber comprising polyester, nylon, rayon, lyocell, cellulose, wool, silk, linen, bamboo, m-aramid, p-aramid, modacrylic, novoloid, melamine, regenerated cellulose, polyvinyl chloride, antistatic fiber, poly(p-phenylene benzobisoxazole) (PBO), polybenzimidazole (PBI), polysulphonamide (PSA), or any combination thereof.”, [0076], therefore, wherein S is formed in bamboo, figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the garment of Jorgenson as being formed in bamboo as taught by Burge, in order to provide the user a soft comfortable material for the garment which are characteristics of bamboo, that also has a “therapeutic benefit to the user”, [0013]
Regarding clam 12, the combined references teach, wherein the garment is formed in a material (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein 10 is made of fabric).
The combined references fail to teach, wherein the garment is formed in Modal Knit.
Burge, a therapeutic garment, Abstract, teaches, wherein the garment is formed in Modal Knit (“Carbonaceous fiber blend textile articles are provided which have therapeutic properties for use in connection with treatment of, among other conditions and diseases, developmental neurologic disorders, which are created without significantly compromising the textile hand (or feel) of the textile or the surface appearance of the textile.”, [0042], : The fabric of the present disclosure may be of any variety, including but not limited to, woven fabric, knitted fabric, nonwoven fabric, or combinations thereof.”, [0045], “Implementations of the present disclosure include comfortable and sensory friendly garments, such as shirts S, pants P, and underwear U, coats C, headwear H, masks and balaclavas M, jackets J, gloves G, socks SX, and also sensory friendly sleepwear SW for children and adults (FIG. 1).”, [0048], “In at least one example, fabrics made from at least one implementation of a carbonaceous fiber blend textile material of the present disclosure have had a positive impact on the physiology and behavior of individuals with Autism, Sensory Processing Disorder, ADD/ADHD, diabetes, and menopause.”, [0056], “In certain implementations of carbonaceous fiber blends of textile material of the present disclosure, yarn blends are 35 to 70 weight % OPF (carbonaceous fiber) blended with typical apparel yarns such as nylon, polyester, cotton, modal, Tencel®, rayon, acrylic or combinations of these apparel yarns. In one non-limiting implementation, the material is 35 weight % OPF, 15 weight % Modal, and 50 weight % Pima cotton with 8 weight % Lycra®.”, [0065], therefore, wherein S is formed in Modal Knit, figure 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the garment of Jorgenson as being formed in Modal Knit as taught by Burge, in order to provide the user a breathable soft stretchy material for the garment which are characteristics of modal knit, that also has a “therapeutic benefit to the user”, [0013].
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Obletz (2021/0289864).
Regarding clam 13, the combined references teach, wherein the garment is formed in a material (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein 10 is made of fabric).
The combined references fail to teach, wherein the garment is devoid of any interior labels or tags.
Obletz, a garment with an integrated sensory object, Abstract, teaches, wherein the garment is devoid of any interior labels or tags (“Any suitable materials may be utilized for the clothing article, pocket, and/or sensory object to address sensory sensitivities, such as seamless and tagless garments and soft materials/fabrics, such as a combination of cotton and spandex that may not produce a noxious response.”, [0037], “As shown in FIGS. 1 and 2, any suitable article of clothing 100 (e.g., a hoodie sweatshirt) may be provided with an “invisible” sensory object 106 or “fidget” (e.g., as sewn inside one or more pockets) for demonstrating a concealed nature of a fidget.”, [0038], therefore, wherein 100 is devoid of any interior labels or tags, see also [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the garment of Jorgenson as being devoid of any interior labels or tags as taught by Obletz, in order to provide the user a tagless garment that “address[es] sensory sensitivities”, [0037].
Claims 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Jorgensen Figure 2 (2022/0151310)[Jorgensen figure 2].
Regarding claim 15, the combined references teach, wherein the device is located to the garment in use (“Referring now to the drawings and the illustrative embodiments depicted therein, a t-shirt 10 (FIG. 1) has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. T-shirt 10 includes a pair of sleeves 12, a collar 14, a waist hemline 16, and a middle torso region 18. Unlike conventional garments, t-shirt 10 includes a set of fidget elements 20 discreetly incorporated into attachment areas, such as waist hemline 16.”, [0021], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) located to fore of 10 of Jorgensen in use, figure 1).
While Jorgensen discloses a device located at the front of garment 10, shown in figure 1, Jorgensen further discloses in [0022] that “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1). These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10”, however, the combined references do not explicitly disclose, wherein the device is located to rear of the garment in use.
However, Jorgensen in figures 2-3 teaches, wherein the device is located to rear of the garment in use (“In another illustrative embodiment, a hooded sweatshirt 30, (FIG. 2) includes pair of sleeves 32, a hood 34, a waist hemline 36, and a middle torso region 38. Hooded sweatshirt 30 has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. Hooded sweatshirt 30 further includes a front pocket 40 on the front facing region of middle torso region 38. Like t-shirt 10 of FIG. 1, fidget elements 20 may be discreetly incorporated into waist hemline 36 of hooded sweatshirt 30. Waist hemline 36 is sized to define an elongated channel or sleeve 21 in which fidget elements 20 are located, with sufficient clearance between fidget elements 20 and waist hemline that fidget elements 20 may be manipulated by hand along channel 21 formed by waist hemline 36. Similar to t-shirt 10 of FIG. 1, the above-described locations, including hood 34, waist hemline 36, middle torso region 38, and front pocket 40, are adapted to incorporate fidget elements 20 at interior hemlines that are visually imperceptible to an outside observer of hooded sweatshirt 30.”, [0023], “As a still further alternative fidget element 21 is secured on or in the garment so as to not be moveable relative to the garment. In such a non-movable fidget alternative, the wearer manipulates the garment at fidget element 21 without movement of fidget element 21 relative to the garment.”, [0029], therefore, wherein 20 is located to rear of 30 in use, figures 2 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combined references as being located to rear of the garment in use as further taught by Jorgensen, in order to provide a device that allows the user to manipulate the device at the rear of the garment, which allows for the “visual distractions caused by fidget elements are reduced through discreetly incorporating the fidget elements into wearable articles at strategic locations. These include along hemlines of the articles, on interior surfaces of the articles, or in other locations on the articles that are not readily observable by peers. Visual distractions are also reduced as a result of limiting obvious and observable misuse of the fidget elements by a user. This is accomplished because the wearable article restrains the movement of the fidget elements which are embedded within the wearable articles. Audible distractions are similarly reduced as the wearable articles also act to dampen noise caused by the fidget elements.”, [0009].
Regarding claim 16, the combined references teach, wherein the device is located in a garment (Jorgensen, “Referring now to the drawings and the illustrative embodiments depicted therein, a t-shirt 10 (FIG. 1) has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. T-shirt 10 includes a pair of sleeves 12, a collar 14, a waist hemline 16, and a middle torso region 18. Unlike conventional garments, t-shirt 10 includes a set of fidget elements 20 discreetly incorporated into attachment areas, such as waist hemline 16.”, [0021], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) located in 10 or Jorgensen, figure 1).
While Jorgensen discloses a device located in the garment 10, shown in figure 1, Jorgensen further discloses in [0022] that “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1). These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10”, however, the combined references do not explicitly disclose, wherein the device is located in a pocket,
However, Jorgensen in figures 2-3 teaches, wherein the device is located in a pocket (“In another illustrative embodiment, a hooded sweatshirt 30, (FIG. 2) includes pair of sleeves 32, a hood 34, a waist hemline 36, and a middle torso region 38. Hooded sweatshirt 30 has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. Hooded sweatshirt 30 further includes a front pocket 40 on the front facing region of middle torso region 38. Like t-shirt 10 of FIG. 1, fidget elements 20 may be discreetly incorporated into waist hemline 36 of hooded sweatshirt 30. Waist hemline 36 is sized to define an elongated channel or sleeve 21 in which fidget elements 20 are located, with sufficient clearance between fidget elements 20 and waist hemline that fidget elements 20 may be manipulated by hand along channel 21 formed by waist hemline 36. Similar to t-shirt 10 of FIG. 1, the above-described locations, including hood 34, waist hemline 36, middle torso region 38, and front pocket 40, are adapted to incorporate fidget elements 20 at interior hemlines that are visually imperceptible to an outside observer of hooded sweatshirt 30.”, [0023], “Hooded sweatshirt 30 also provides additional or alternative interior hemlines for incorporation of fidget elements 20. (FIGS. 2, 3). Among these locations are an internal elongated channel or sleeve 42 formed on or inside of front pocket 40…In another alternative, fidget elements 20 may be included in a hem formed on one or both of the hand entries 44 into front packet 40.”, [0024], therefore, wherein 20 is located in 40, figures 2 and 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combined references as being located in a pocket as further taught by Jorgensen, in order to provide a device that allows the user to manipulate the device in a pocket, which allows for the device to be “visually imperceptible to an outside observer of hooded sweatshirt 30.”, [0023] and also allows for the “visual distractions caused by fidget elements are reduced through discreetly incorporating the fidget elements into wearable articles at strategic locations. These include along hemlines of the articles, on interior surfaces of the articles, or in other locations on the articles that are not readily observable by peers. Visual distractions are also reduced as a result of limiting obvious and observable misuse of the fidget elements by a user. This is accomplished because the wearable article restrains the movement of the fidget elements which are embedded within the wearable articles. Audible distractions are similarly reduced as the wearable articles also act to dampen noise caused by the fidget elements.”, [0009].
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Cockram (2018/0220720).
Regarding claim 17, the combined references teach, wherein the device is located in a garment (Jorgensen, “Referring now to the drawings and the illustrative embodiments depicted therein, a t-shirt 10 (FIG. 1) has an overall base configuration that is of conventional garment shape and having a conventional garment size for the wearer. T-shirt 10 includes a pair of sleeves 12, a collar 14, a waist hemline 16, and a middle torso region 18. Unlike conventional garments, t-shirt 10 includes a set of fidget elements 20 discreetly incorporated into attachment areas, such as waist hemline 16.”, [0021], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) located in 10 of Jorgensen, figure 1).
The combined references fail to teach, wherein the device is located under a displaceable hinged flap.
Cockram, an apparel item with a hidden waistband pocket to store items, Abstract, teaches, wherein the device is located under a displaceable hinged flap (FIGS. 5A and 5B provide a TIGHT SHORT version of the garment 500 comprising a waistband pocket. This embodiment has a 4 inch waistband 504 folded down to a width of about 2 inches to hide the pocket opening (FIG. 5A), which can also be unfolded (FIG. 5B) to show a horizontal 517 zippered opening for accessing the pocket. As shown, the pocket opening 517 can comprise any type of closure, with preferred closures including laces, a zipper, button(s), Velcro, or snaps. A flap to cover the opening can also be incorporated into the garment 500…For example, in embodiments where the waistband is constructed of multiple pieces of fabric sewn together at seams, such as six pieces of fabric sewn together, two of the pieces of fabric can be disposed as flaps. More specifically, a waistband can comprise a first piece of fabric that constitutes a front exterior facing panel of the waistband and which is sewn over a second longer piece of fabric. The second longer piece of fabric constitutes an interior facing panel of the waistband and contacts the user's body during use. The difference in length between the first piece of fabric and the second piece of fabric provides for an opening into the pocket formed by the first and second piece of fabric…A flap can be provided on one or both of the front and back of the waistband to cover one or both of the pocket openings…In such embodiments, one or more flaps are provided by a fifth and six piece of fabric. The fifth piece of fabric is a flap sewn over the second piece of fabric and under the first piece of fabric, such that the flap covers the second piece of fabric, provides access to the pocket opening in the front of the waistband, and forms part of the exterior facing portion of the front panel of the waistband.”, [0109], therefore, wherein the device is located under a displaceable hinged flap).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combined references as located under a displaceable hinged flap as taught by Cockram, in order to provide an “opening for accessing the pocket” with “a flap to cover the opening”, which allows the user to have access to the device, while keeping the device secure. Here, the “pocket” would be the channel in the hemline of Jorgensen, in which the device is within the channel.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Tastard (2009/0149498).
Regarding claim 18, the combined references teach, wherein the device is secured to the garment (Jorgensen, “fidget elements 20 may be slidably or rotatably coupled to a garment such that the fidget element 20 may be moved or otherwise manipulated freely in a unique motion or pattern relative to the garment.”, [0033], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) is secured to the garment).
While Jorgensen discloses that the device can be coupled to the garment so it can be moved or manipulated freely, the combined references fail to teach, wherein the device is secured to the garment along one edge of the device so as to allow hinging.
Tastard, a weighted lap pad with interchangeable items that stimulate sensory input (fidgets) attached to the top of it, Abstract, teaches, wherein the device is secured to the garment along one edge of the device so as to allow hinging (“One of the most important objectives of this invention is to provide the user with a continually engaging and interesting method to have their tactile sensory needs met. This is done through providing the user with sensory-tools which are secured to the weighted lap pad, preventing the user from accidentally dropping, throwing, or losing the item. Versatility is key, as people with sensory difficulties often need novelty to stay interested in things. This invention provides great flexibility by utilizing an attachment anchor (such as a ring, clip, snap or button) secured to the top surface of the lap pad, to which sensory tools (fidgets: items that stimulate visual and tactile sensory input) can be attached and detached. Sensory-tools can then be secured to the anchoring device with an attachment device that opens and closes (such as a key ring loop, clip, snap, or button).”, [0012], “The sensory items may come in a variety of shapes, sizes and textures, (e.g. bendable toys, squishy balls, soft pieces of material, stretchy toys, knobby hard plastic items, etc.) If needed, a sensory-tool may have a strap sewn to it, to which an attachment device that opens and closes is secured, so it can then be attached to the lap pad anchor. Some sensory-tools will not need this modification, and will be easily attached with an attachment device that simply opens and closes”, [0013], “FIG. 2 illustrates the embodiment of the invention with its cover on B1, and with sensory tools attached B5/B6… . Central to FIG. 2, on the right side, is a typical sensory tool B5, (a drawstring pouch with a conventional stress ball), may be attached to the anchor by utilizing a 32 mm split ring key loop B7 as an attachment device. On the left side, another sensory tool (a plush colorful flower sewn to a webbing strap B6), is attached to the anchor, also by means of a 32 mm split ring key loop B7. These are but examples of sensory tools known to the art. Any other sensory tools may be employed as may be desired. The criticality lies in the ability to attach a sensory tool, however there is no criticality to the configuration of the sensory tool. The device simply needs to have a mode of attachment. Any toy of suitable size with an attachment means there-on, may be employed as a sensory tool for kids.”, [0021], therefore, wherein B5 is secured to the cover along one edge of B5 so as to allow hinging, figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combined references as being secured to the garment along one edge of the device so as to allow hinging as taught by Tastard in order to provide the user the ability for the device to be attached and detached, [0012], while being readily accessible for the user.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Foster (2021/0308414).
Regarding claim 19, the combined references teach, wherein the device is along the seam(Jorgensen, “These locations are adapted to optionally incorporate fidget elements 20 at interior hemlines, or hemlines on the interior or body-side surface of the garment, such that the fidget elements would be visually imperceptible to an outside observer, or an observer of the wearer of t-shirt 10…In embodiments in which fidget elements 20 are embedded in the garment, the person wearing the garment preferably may manipulate fidget elements 20 through the fabric of the garment in order to move fidget elements 20 by flexing the fabric at the location of fidget elements 20 but without causing substantial movement of the garment relative to the person wearing the garment.”, [0022], therefore, wherein the device (Pop It! device as combined above as taught by Mahan) is along the seam (hemline), figure 1).
The combined references fail to teach, comprising a plurality of devices spaced regularly along the seam.
Foster, clothing with tactile simulation objects, Abstract, teaches, comprising a plurality of devices spaced regularly along the seam (“It is yet another object of this specification to provide an emotional sense of peace and relief from stress by allowing an individual with sensory tactile needs (e.g. those with autism) to stim with the stimming technology that is placed into articles of clothing in an inconspicuous and comforting manner.”, [0022], “FIG. 2 is an environmental view of the preferred embodiment of the t-shirt 1 with enlarged detail to emphasize integrated packages or folds that house or hide tactile stimulation objects 2a. Although the figures focus on augmentation to a t-shirt 1, tactile stimulation objects 2a may be added to any article of clothing in this manner (e.g., by sewing into the hem or fold of the clothing). As shown, stimulation objects are placed inside the hemlines of the shirt. The objects 2a are sized and placed so that they can be used discreetly. This embodiment features discreet object 2a placement in the waist hemline 3, shoulder hemlines 4, yoke hemline 6, and/or collar hemline 5. The enlarged detail shows the different objects 2a which may be placed inside the hemlines of the t-shirt 1.”, [0041], “FIGS. 3 and 4 show a front and side view of the t-shirt 1. As shown, the packages 2 may be preferably sewn into any hemline, or otherwise anywhere else on the t-shirt 1. Although packages 2 may be integrated into any part of the shirt, or anywhere on any other article of clothing, hemlines are preferred.”, [0044], “most hemlines are easily accessed by the hands of the wearer. The waist hemline 3 is normally inches away from the hands of the wearer when an arm of an individual is in a relaxed position. Since most interactions are face to face specific more discreet parts of hemlines may be more desirable locations for packages 2 than others. Specifically, this makes the sides of the waist 3 hemline preferable to other locations of the waist 3 hemline.”, [0046], therefore, comprising a plurality of 2a spaced regularly along 3, figure 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the device of the combined references as plurality of devices spaced regularly along the seam as taught by Foster in order to provide the user the ability to use one or more devices at the hemline, since “most hemlines are easily accessed by the hands of the wearer. The waist hemline 3 is normally inches away from the hands of the wearer when an arm of an individual is in a relaxed position. Since most interactions are face to face specific more discreet parts of hemlines may be more desirable locations for packages 2 than others. Specifically, this makes the sides of the waist 3 hemline preferable to other locations of the waist 3 hemline.”, [0046].
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (2022/0151310) in view of Mahan (“Everything Is a Pop It! and Nothing Hurts”, NPL, October 8, 2021) in view of Lash (3,303,515).
Regarding claim 19, the combined references teach, wherein the device is along the seam (Jorgensen, “In a preferred form the material forming the channel may be fabric of the garment itself. In such an embodiment a hem is formed along an edge or seam of the garment, with a channel or pocket formed within the folded hem or at the seam.”, [0007], “Although FIG. 1 depicts fidget elements 20 as being incorporated into waist hemline 16, fidget elements 20 may alternatively or additionally be incorporated into other areas of t-shirt 10 as well. For example, fidget elements 20 may be incorporated into hemlines or channels 21 formed on sleeves 12, collar 14, or a location on middle torso region 18 of t-shirt 10 (FIG. 1).”, [0022], therefore, wherein sleeve cuffs of 10 are folded).
The combined references fail to teach, wherein sleeve cuffs of the garment are in the form of turn-back cuffs, and wherein overlock stitching is concealed inside the turn-back cuffs when folded back.
Lash, a seam structure, figures 1 and 2, teaches, wherein seams of the garment are in the form of turn-back cuffs, and wherein overlock stitching is concealed inside the turn-back cuffs when folded back (“Another seam structure falling within the concept of this invention is set forth in FIG. 5. To make this structure, the fabrics 31 and 32 and tape 33 are positioned so that one of the leading edges of each, 34, 35 and 36, are brought into common alignment as shown in FIG. 6. A safety-overlock stitch 37 is then passed through the area adjacent the aligned edges securing such edges together in the form of a seam. The free ends of fabric 31 and tape 33 are then folded back upon themselves and are secured together by means of a straight safety stitch 38 to give the structure depicted in FIG. 5. In the finished structure, there is no stitching of the concealed seam exposed to view on the facing or outward side. All of the seam holding threads are on the inside of the garment. When properly formed, the tapes act as shock absorbers when stress is applied to the seam area. There are no raw or exposed fabric edges on the inside of the garment and therefore a lesser possibility exists that the seam will deteriorate from abrasion during wear or laundering. Also, during manufacture, this seam structure permits the garment to be handled facilely inside out in the flat position. Thus, it is not necessary to use a post or off-the-arm machine for closing leg or sleeve inseams or outseams.”, Col. 2 ln. 16-44, therefore, wherein sleeve cuffs of 31/32 are in the form of turn-back cuffs, and wherein overlock stitching is concealed inside the turn-back cuffs when folded back, figures 5 and 6).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide sleeve cuff of Jorgensen in the form of turn-back cuffs, with overlock stitching concealed inside the turn-back cuffs when folded back, as taught by Lash in order to provide sleeve cuffs that have “no stitching of the concealed seam exposed to view on the facing or outward side. All of the seam holding threads are on the inside of the garment…There are no raw or exposed fabric edges on the inside of the garment and therefore a lesser possibility exists that the seam will deteriorate from abrasion during wear or laundering.”, Col. 2 ln. 27-35.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2022/0175134 by Adkins discloses a mat with sensory activities, including “Pop-its”.
2. D921,125 by Carson discloses a toy with a base and a plurality of buttons.
3. D892,493 by Carson discloses a keychain with a base and a plurality of button inserts.
4. 2019/0320732 by Davidson discloses a toy secured to a garment along an edge of the toy to allow for hanging.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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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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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732