DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 08/05/26 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 3-5, 7-11 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levinsohn (US 2022/0362615) in view of Okajima (US 2006/0277653) and Partridge (US 4,266,300).
In regard to claim 1, Levinsohn teaches a weighted article of apparel with an adjustable fit (see garment in figures 1-3B and paragraph 0010-0011), comprising: a wearable portion comprising a front torso portion having a first side edge and a back torso portion having a second side edge (see figures 1A and 1B, front torso portion: 104, 106 back portion: 110, 112 and 108), the wearable portion having a plurality of compartments (paragraphs 0018); and a plurality of weights positioned within the plurality of compartments (paragraph 0021).
However, Levinsohn fails to teach the adjustable fit being a zipper-mechanism comprising a first side attached proximate to the first side edge of the front torso portion and a second side attached proximate to the second side edge of the back portion, the first side and the second side configured to be reversibly coupled to each other; and a connecting textile that extends between the first side and the second side of the zipper-mechanism and thereby limits displacement of the first side and the second side of the zipper-mechanism, wherein coupling the first side and the second side of the zipper-mechanism defines a first fit of the wearable portion in which the connecting textile is compacted, and wherein uncoupling the first side and the second side of the zipper- mechanism defines a second fit of the wearable portion in which the connecting textile is extended, the second fit being looser than the first fit. Further, Levinsohn fails to teach an outer pocket positioned on an exterior surface of the wearable portion, the outer pocket not including the plurality of weights.
Okajima teaches a jacket garment with an adjustable fit comprising a zipper-mechanism comprising a first side attached proximate to the first side edge of the of the front torso portion and a second side attached proximate to the second side edge of the back torso portion (front portion 21 and 22, back portion 26, 27 and 23, first edge and second edge are attached to portions 21, 22 and 26 and 27 by seams: paragraph 0041), the first side and the second side configured to be reversibly coupled to each other (zipper: 40, paragraph 0041, figures 1 and 3); and a connecting textile that extends between the first side and the second side of the zipper-mechanism and thereby limits displacement of the first side and the second side of the zipper-mechanism (connecting textile: mesh portion 38 as illustrated in figure 3 and details the attachment in paragraph 0041), wherein coupling the first side and the second side of the zipper-mechanism defines a first fit of the wearable portion in which the connecting textile is compacted (see figure 1 coupled zipper, compacted), and wherein uncoupling the first side and the second side of the zipper- mechanism defines a second fit of the wearable portion in which the connecting textile is extended, the second fit being looser than the first fit (see figure 3 uncoupled zipper: looser fit).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions would provide a jacket that has selectable vents that can be opened and closed as needed for protection from the elements, breathability and heat regulation.
Partridge teaches an outer pocket positioned on an exterior surface of a garment, the outer pocket not including a plurality of weights (figures 1-4 and column 2, lines 10-21).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted vest garment of Levinsohn with the detachable and attachable pocket of Partridge, since the garment of Levinsohn provided with an exterior attachable and detachable pocket would provide a pocket that can be transferred from one garment to the next holding items therein for ease of carrying during clothing changes.
In regard to claim 3, the combined references teach wherein the connecting textile is separately formed from the wearable portion, and is attached to an inner surface of the wearable portion adjacent to the first side edge of the front torso portion and adjacent to the second side edge of the back torso portion (Okajima: perforated mesh: 38, figures 3 and paragraph 0041; front portion: 21, 22, back portion: 26, 27 and 23).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions attached to the inner surface of the jacket edges would provide a jacket that has selectable vents that can be opened and closed to conceal the vents as needed for protection from the elements, breathability and heat regulation.
In regard to claim 4, the combined references teach wherein the connecting textile comprises a gusset (Okajima: see figure 3, connecting textile/perforated mesh: 38 and paragraph 0041).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent gusset portions would provide a jacket that has selectable vents that can be opened and closed to conceal the gusset as needed for protection from the elements, breathability and heat regulation.
In regard to claim 5, the combined references teach wherein the gusset comprises a triangular shape (Okajima: figure 3, gusset is triangular shape with the point being located in the cuff arm area).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable triangular vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable, triangular vent portions would provide a jacket that has selectable vents that can be opened and closed as needed for protection from the elements, breathability and heat regulation while having a zipper means with a point at the triangular top end that can easily be opened and closed without having to line-up or catch the zipper stringer at the top end.
In regard to claim 7, Levinsohn teaches wherein the plurality of weights each comprise a material having a higher density than one or more textiles forming the wearable portion (paragraphs 0016, 0021).
In regard to claim 8, the combined references teach wherein the zipper- mechanism comprises one of a pair of zipper-mechanisms positioned on opposite sides of the article of apparel, each zipper-mechanism configured for adjusting a fit of the wearable portion (Okajima: figure 3 vent and zippers are located on each side and sleeve of the jacket).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions on each side as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions on each side of the jacket would provide a jacket that has selectable vents along both sleeves and sides of the toros portion that can be opened and closed to conceal the gusset as needed for protection from the elements, breathability and heat regulation.
In regard to claim 9, the combined references teach wherein the article of apparel comprises an upper body article of apparel (both Lavinsohn (paragraph 0010) and Okajima (figures 1 and 3) teach jacket garments), wherein the zipper-mechanism is a first zipper-mechanism of the pair of zipper-mechanisms (Okajima: right side of garment and zipper between front panel 21 and back panel 26 and 23); wherein the front torso portion further has a third side edge and the back torso portion further has a fourth side edge (Okajima: left side of garment and zipper between front panel 22 and back panel 27 and 23), wherein the front torso portion and the back torso portion define a torso portion (see figures 1 and 2 of Okajima), wherein the pair of zipper-mechanisms further includes a second zipper-mechanism comprising a third side attached proximate to the third side edge of the front torso portion and a fourth side attached proximate to the fourth side edge of the back torso portion (see figures 1 and 2, paragraph 0041 of Okajima), the third side and the fourth side configured to be reversible coupled to each other (Okajima: see figure 3 and paragraph 0041).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions attached to the inner surface of the jacket edges would provide a jacket that has selectable vents that can be opened and closed to conceal the vents as needed for protection from the elements, breathability, and heat regulation.
In regard to claim 10, the combined references teach wherein the wearable portion further comprises a pair of arm portions that are attached to the torso portion (both Lavinshon (paragraph 0010) and Okajima (figures 1 and 3) teach jacket garments with arm portions), and wherein each zipper-mechanism extends from the torso portion onto a corresponding one of the pair of arm portions (Okajima: see figure 3 and paragraph 0041).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions attached to the inner surface of the jacket edges would provide a jacket that has selectable vents that can be opened and closed to conceal the vents as needed for protection from the elements, breathability, and heat regulation.
In regard to claim 11, the combined references teach wherein the wearable portion further comprises a pair of arm cuffs (Okajima: cuffs 14a), and wherein each zipper-mechanism extends from a corresponding arm portion to a corresponding one of the pair of arm cuffs (Okajima: see figure 3 and paragraph 0053).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted jacket of Levinsohn with the adjustable vent portions to the cuffs as taught by Okajima, since the weighted jacket of Levinsohn provided with adjustable vent portions to the cuff would provide a jacket that has selectable vents that can be opened and closed to conceal the vents as needed for protection from the elements, breathability, and heat regulation.
In regard to claim 13, Levinsohn teaches wherein the plurality of compartments are located at one or more first zones on the wearable portion (paragraph 0011), and wherein one or more second zones located on the wearable portion are formed without the plurality of compartments (paragraph: 0024).
In regard to claim 14, Levinsohn teaches wherein the connecting textile has a first weight per area and the wearable portion with the plurality of compartments has a second weight per area, wherein the first weight per area is less than the second weight per area (paragraphs 0033).
In regard to claim 15, Levinsohn teaches wherein the plurality of compartments comprise a first textile, a second textile, and one or more batting layers between the first textile and the second textile (paragraphs 0018 and 0023); and wherein the one or more batting layers comprises entangled fibers that form a plurality of mini-enclosures for at least partially supporting the plurality of weights (paragraph 0023).
In regard to claim 16, Levinsohn teaches wherein the one or more batting layers comprise a nonwoven material (paragraph 0023).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Levinsohn (US 2022/0362615), Okajima (US 2006/0277653) and Partridge (US 4,266,300) as applied to claim 1 above, and further in view of Hooper (US 2023/0309631).
Levinsohn, Okajima and Partridge fail to teach the connecting textile being a first color and the wearable portion being second different color.
In regard to claim 17, Hooper teaches a jacket wherein the connecting/mesh inner layer color is different than the second outer jacket layer color (see claim 9 detailing the different colors of outer and inner layer).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the jacket and connecting portion of Levinsohn, Okajima and Partridge with the different colored jacket (second layer) and connecting portion (first layer) as taught by Hooper, since the jacket of Levinsohn, Okajima and Partridge provided with a different colors would provide an aesthetic effect when the vent/connecting portion is opened vs. closed.
Claim(s) 18-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okajima (US 2006/0277653) in view of Levinsohn (US 2022/0362615) and Myrick (US 2002/0010058).
In regard to claim 18, Okajima teaches an article of apparel having an adjustable fit (see figure 1 vs. figure 3), comprising: a torso portion comprising a front torso portion having a first side edge and a second side edge and a back torso portion having a third side edge and a fourth side edge (front portion 21 and 22, back portion 26, 27 and 23, first edge and second edge are attached to portions 21, 22 and 26 and 27 by seams: paragraph 0041); a pair of arm portions extending from the torso portion (see figures 1 and 3, sleeves); a first zipper-mechanism comprising a first side attached proximate to the first side edge of the front torso portion and a second side attached proximate to the third side edge of the back torso portion (see right slide fastener: 40, front torso portion 21, 22 and back torso portion 26, 27 and 23); a first connecting textile coupled to the torso portion such that it extends between the first side and the second side of the first zipper-mechanism (mesh insert: 38, paragraph 0041), thereby allowing the first connecting textile to be compacted when the first zipper-mechanism is in a closed configuration and extended when the first zipper-mechanism is in an open configuration (see figure 1 vs. figure 3 and paragraph 0041); a second zipper-mechanism comprising a third side attached proximate to the second side edge of the front torso portion and a fourth side attached proximate to the fourth side edge of the back torso portion; and located on a second side of the torso portion (see left slide fastener: 40, front torso portion 21, 22 and back torso portion 26, 27 and 23); and a second connecting textile coupled to the torso portion such that it extends between the third side and the fourth side of the second zipper-mechanism (mesh insert: 38, paragraph 0041), thereby allowing the second connecting textile to be compacted when the second zipper-mechanism is in a closed configuration and extended when the second zipper-mechanism is in an open configuration (see figure 1 vs. figure 3 and paragraph 0041).
However, Okajima fails to teach a first plurality of internal compartments formed in the torso portion, a second plurality of internal compartments formed in a first arm portion, and a third plurality of internal compartments formed in a second arm portion of the pair of arm portions; and a plurality of weights positioned in the plurality of internal compartments, and wherein one or more batting layers positioned in each of the plurality of internal compartments, each batting layer comprises entangled fibers.
Levinsohn teaches a jacket garment with arm portions, a plurality of internal compartments formed in the torso portion and in the pair of arm portions; wherein a plurality of weights including at least one weight positioned in at least one internal compartment of each of the internal compartments (paragraph 0010, 0011, and 0059), wherein one or more batting layers positioned in each of the internal compartments, each batting layer comprises entangled fibers (paragraph 0023, polyester fill is entangled polyester fibers that forming a batting between the chambers).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the jacket of Okajima with the internal compartments with weights positioned therein as taught by Levinsohn, since the jacket of Okajima provided with weighted compartments would not only provide a jacket with ventilation control, but also a jacket that helps with strength training, posture improvement, bone density improvement, increased calorie burning, calming anxiety, and/or balance improvement (paragraph 0009 of Levinsohn).
However, Levinsohn and Okajima fail to specifically teach a first arm portion and a second arm portion, wherein each arm portion comprises a plurality of internal weighted compartments.
Myrizk teaches a weighed jacket wherein the arm portions have weighted compartments, plural, in each arm portion (weight pockets: 11 in arms, figure 1, paragraph 0040).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the weighted, vented garment of Levinsohn and Okajima with the plurality of weighted pockets in the sleeves as taught by Myrizk, since the sleeves of Levinsohn having multiple weighted pockets would provide a greater area of weight along and around the user’s arm as needed for training/conditioning.
In regard to claim 19, Okajima teaches wherein the article of apparel is an upper body garment (see figures 1 and 3).
In regard to claim 20, Okajima teaches wherein the upper body garment comprises: a jacket (see figures 1 and 3).
In regard to claim 21, Okajima teaches wherein the first connecting textile comprises a first gusset attached to the torso portion adjacent to the first side and the second side of the first zipper-mechanism (gusset is mesh part: 38 on either side and zipper: 40 in figures 1 and 3), and wherein the first gusset extends through a first underarm area on the first side of the torso portion (see figure 1 and 3), wherein the second connecting textile comprises a second gusset attached to the torso portion adjacent to the third side and the fourth side of the second zipper-mechanism (gusset is mesh part: 38 on opposite side of the garment and zipper 40 on opposite side of garment in figures 1 and 3), and wherein the second gusset extends through a second underarm area on the second side of the torso portion (see figures 1 and 3).
In regard to claim 22, Okajima teaches wherein the first zipper- mechanism and the first gusset further extend through the first underarm area onto the first arm portion of the pair of arm portions (see figures 1 and 3, zippers: 40 and gusset: 38 extend through the torso underarm and side portions), and wherein the second zipper-mechanism and the second gusset further extend through the second underarm area onto the second arm portion of the pair of arm portions (see figures 1 and 3, zippers 40 extend through the torso underarm and sides portions).
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okajima (US 2006/0277653), Levinsohn (US 2022/0362615), Myrick (US 2002/0010058) and in further view of Curran (US 10,219,553).
Okajima, Levinsohn, and Myrick teach a weighted, vented garment as described above in claim 18. However, Okajima, Levinsohn and Myrick fail to teach the first connecting textile comprises a first non-elastic textile having substantially no stretch in a direction in which the first side and the second side are displaced when the first zipper-mechanism is in the open configuration, and wherein the second connecting textile comprises a second non-elastic textile having substantially no stretch in a direction in which the third side and the fourth side are displaced when the second zipper-mechanism is in the open configuration.
In regard to claim 23, Okajima teaches the first connecting textile comprises a first stretch mesh textile having some stretch in a direction in which the first side and the second side are displaced when the first zipper-mechanism is in the open configuration, and wherein the second connecting textile comprises a second stretch mesh textile having some stretch in a direction in which the third side and the fourth side are displaced when the second zipper-mechanism is in the open configuration (paragraph 0041, identifier 38 in figure 3).
Curran teaches a mesh textile in an article of apparel. wherein the mesh comprises either a stretchy mesh or a non-elastic mesh having substantially no stretch in a direction (column 19, lines 16-22).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the mesh of Okajima, Levinsohn, and Myrick in a non-elastic mesh construction as taught by Curran, since the mesh of Okajima being non-stretch would provide a mesh structure that is more stable and durable.
Response to Arguments
Applicant's arguments filed 08/05/26 have been fully considered but they are not persuasive.
Applicant remarks that the cited references fail to teach the limitation as amended into claims 1 and 18, detailing the attachment of the zipper mechanism to the edge of the front and back portion.
It is noted that Okajima and Levinsohn teach the limitations as detailed above in the office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found cited in PTO-892 form submitted herewith. The cited prior art to Petrakis et al. (US 11,117,012) is of particular relevance to the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T 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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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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