DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Invention I, Species: b, A and 1 in the reply filed on 12/04/25 is acknowledged.
Information Disclosure Statement
The crossed-out non-patent literature that has not been considered in the IDS is due to no date being provided for the entries.
Claim Objections
Claim 11 is objected to because of the following informalities: “the pair of cuffs” in the last line should read “the pair of arm cuffs” to keep the terminology consistent throughout the claims. Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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).
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 with 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 a first edge of the wearable portion and a second side attached proximate to a second edge of the wearable 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.
Okajima teaches a jacket garment with an adjustable fit comprising a zipper-mechanism comprising a first side attached proximate to a first edge of the wearable portion and a second side attached proximate to a second edge of the wearable portion, 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.
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 edge and adjacent to the second edge (Okajima: perforated mesh: 38, figures 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 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 Lavinshon (paragraph 0010) and Okajima (figures 1 and 3) teach jacket garments), wherein the wearable portion comprises a torso portion (both Levinsohn (paragraph 0010) and Okajima (figures 1 and 3) teach jacket garments), and wherein the pair of zipper-mechanisms extend vertically upward along opposite sides of the torso portion (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 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, Levinshon 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).
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) and Okajima (US 2006/0277653) as applied to claim 1 above, and further in view of Hooper (US 2023/0309631).
Levinsohn and Okajima 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 and Okajima with the different colored jacket (second layer) and connecting portion (first layer) as taught by Hooper, since the jacket of Levinsohn and Okajima provided with a different colors would provide an aesthetic effect when the vent/connecting portion is opened vs. closed.
Claim(s) 18-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Okajima (US 2006/0277653) in view of Levinsohn (US 2022/0362615).
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 (see figures 1 and 3, torso portion); a pair of arm portions extending from the torso portion (see figures 1 and 3, sleeves); a first zipper-mechanism located on a first side of the torso portion (see right slide fastener: 40); a first connecting textile coupled to the torso portion such that it extends between opposite sides 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 located on a second side of the torso portion (see left slide fastener: 40); and a second connecting textile coupled to the torso portion such that it extends between opposite sides 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 plurality of internal compartments formed in the torso portion and in the pair of arm portions; and a plurality of weights positioned in the plurality of internal compartments.
Levinshon 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 are positioned in the plurality of internal compartments (column 0010, 0059, and 0011).
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).
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 opposite sides 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 opposite sides 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 a 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 a second arm portion of the pair of arm portions (see figures 1 and 3, zippers 40 extend through the torso underarm and sides portions).
In regard to claim 23, Okajima teaches wherein the first connecting textile and the second connecting textile each comprise a mesh (paragraph 0041, identifier 38 in figure 3).
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 McIntosh (US 2019/0014841) 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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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