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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 04 May 2026 has been entered.
Response to Amendment
Applicant’s amendment, received 04 May 2026, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1, 8-10 (please note that in claims 1 and 8, the limitation “first” is both struck-through and underlined which is improper; however, Examiner believes “first” was included inadvertently and the claim should recite only “the seam;” please note claim 3 has the improper status identifier “currently amended” but does not have any markings indicating amendments and so is believed to be “previously presented”)
Withdrawn
13-20
Canceled
2
Pending
1 and 3-20
Presented for Examination
1 and 3-12
Response to Arguments
Applicant's arguments filed 04 May 2026 have been fully considered but they are not persuasive.
Drawing Objections
Some are overcome and withdrawn, others were not addressed by Applicant and remain.
Specification Objections
Some are overcome and withdrawn, others were not addressed by Applicant and remain.
Claim Objections
Some are overcome and withdrawn, others were not addressed by Applicant and remain.
112(b) Rejections
The amendment does not overcome the rejection and raises a new matter rejection as set forth below.
103 Rejections
Applicant argues the prior art does not disclose the claimed features. This is not persuasive. In this and the previous rejections, Examiner mapped each and every claim limitation to the prior art. Therefore, the prior art reads on the claims. Applicant does not specifically argue against the rejections, but simply states without any further argument or evidence that the prior art does not disclose the claim limitations. Since Examiner has demonstrated the prior art does disclose all of the claim limitations, the rejections are believed to be proper.
Drawings
The drawings were received on 04 May 2026. These drawings are acceptable to enter, but do not overcome the objections below.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the measuring tape (claims 1 and 8), the first measurement position (claims 1 and 8; providing a reference number for the position would be sufficient to overcome this objection; it is not clear if the “position” is a point on the garment or if it is a configuration of the garment), second measurement position (claims 1 and 8; providing a reference number for the position would be sufficient to overcome this objection; it is not clear if the “position” is a point on the garment or if it is a configuration of the garment), waist portion of the garment and the first seam being around the waist portion of the garment (claim 3, the figures only support the seam being on the back of the sleeve; providing a reference number for the waist portion would be sufficient to overcome that part of the objection but there would still be no support for the first seam being around the waist portion), back portion of the garment (claim 4; providing a reference number for the back portion would be sufficient to overcome this objection), must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: measuring tape (claims 1 and 8), back portion of the garment (claim 4).
Claim Objections
Claims 3 and 4 are objected to because of the following informalities: replace “first seam” with –seam—for proper antecedent basis. Appropriate correction is required.
Claims 1 and 8 are objected to because of the following informalities: replace “have each have” with –each have—for proper grammar. Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 and 3-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The new matter is “measuring tape” in claims 1 and 8.
Claim Rejections - 35 USC § 112(b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 8 are rendered indefinite by the recitation “that provides a measurement.” How and by what means does the “measurement indication” provide a measurement? Examiner suggests replacing “that provides a measurement of a garment length” with –arranged along a garment length--.
Claims that depend from a rejected claim are also rejected.
All of the claims are examined as best understood.
Claim Rejections - 35 USC § 103
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over DuFaux (US 20070266472 A1) in view of Grilliot (US 20080072360 A1).
As to claim 1, DuFaux discloses a system for custom clothing fitting (“ADJUSTABLE GARMENT,” title), the system comprising:
a garment (FIG 3), the garment including a seam (between 143 and 144), the seam not sewn together (see FIG 3; the seam is closable by fasteners and there is no disclosure of the seam being sewn);
a first plurality of magnetic materials on a first side of the seam (143 which may be magnets as disclosed in para. 0017); and
a second plurality of magnetic materials on a second side of the first seam (144 which may be magnets as disclosed in para. 0017) wherein the first plurality of magnetic materials and the second plurality of magnetic materials hold the first side and the second side of the seam releasably together in a first measurement position and a second measurement position (capable of having and intended to have, see FIG 3 and para. 0031; see annotated FIG 3 below).
DuFaux does not disclose wherein the first measurement position and the second measurement position have each have a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position.
Grilliot teaches a similar garment (“Garment and measuring scale combination,” title) including “a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position” (measuring tape 20 is capable of and intended to provide a measurement of garment length, i.e., bodice length and/ or sleeve length).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first and second measurement positions of DuFaux with the measurement indication/ measuring tape taught by Grilliot, for the purpose of facilitating tailoring the garment to fit the wearer (Grilliot para. 0015).
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As to claim 3, DuFaux discloses the system of claim 1, wherein the first seam is around a waist portion of the garment (DuFaux FIG 3).
Claim(s) 1 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20120096622 A1) in view of DuFaux (US 20070266472 A1) and Grilliot (US 20080072360 A1).
As to claim 1, Johnson discloses a system for custom clothing fitting (ADJUSTABLE FIT JACKET), the system comprising:
a garment (100), the garment including a seam (26 in FIG 1B), the seam not sewn together (the seam is closed by a fastener and not sewing), a first fastener on a first side of the first seam; and a second fastener on a second side of the first seam wherein the first and second fasteners hold the first side and the second side of the seam releasably together in a first measurement position and a second measurement position (see annotated FIG 1B below).
Johnson does disclose that the first and second sides of the seam are mating fasteners such as zippers, snaps, buttons, hook and loop type fasteners (e.g. Velcro.TM.), and/or any combination of different detachable fasteners (para. 0033).
It is noted that Applicant’s para. 0015 discloses all of these fasteners as alternatives to magnets. Furthermore, one of ordinary skill in the art would recognize that these fasteners are all interchangeable depending on the intended end use and aesthetic.
DuFaux teaches a similar garment closure, including “zippers, hook-and-loop type materials (e.g., Velcro), buttons, snaps including metallic or plastic snaps, magnets, or any other mechanism that may be used to conveniently attach and detach sections of clothing from each other” (para. 0017).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the fasteners as magnetic materials such as magnets as taught by DuFaux instead of zippers for the seam closures of Johnson, for the purpose of providing a known fastener for releasably closing the seam.
Johnson does not disclose wherein the first measurement position and the second measurement position have each have a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position.
Grilliot teaches a similar garment (“Garment and measuring scale combination,” title) including “a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position” (measuring tape 20 is capable of and intended to provide a measurement of garment length, i.e., bodice length and/ or sleeve length).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first and second measurement positions with the measurement indication/ measuring tape taught by Grilliot, for the purpose of facilitating tailoring the garment to fit the wearer (Grilliot para. 0015).
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As to claim 4, Johnson as modified discloses the system of claim 1, wherein the first seam is in a back portion of the garment, the garment being a jacket (Johnson FIG 1B).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Johnson (US 20120096622 A1) in view of DuFaux (US 20070266472 A1) and Grilliot (US 20080072360 A1) as applied to claim 1 above, and further in view of Gauthier (US 20150201686 A1).
As to claim 5, Johnson as modified does not disclose the system of claim 4, further comprising a plurality of pockets, the plurality of pockets attachable in various locations to the garment.
Gauthier teaches a similar garment (Modifiable garment 200) including a plurality of pockets, the plurality of pockets attachable in various locations to the garment (para. 0029, the pockets are capable of being attached in various locations).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the garment of Johnson with a plurality of pockets, for the purpose of providing a means for carrying objects without employing the wearer’s hands.
As to claim 6, Johnson as modified does not disclose the system of claim 5, further comprising, a plurality of lapels, each of the lapels attachable to the garment.
Gauthier teaches a similar garment (Modifiable garment 200) including a plurality of lapels, each of the lapels attachable to the garment (Accoutrement sections 220 and 230 shown in FIG 2 and described in para. 0029).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the garment of Johnson with a plurality of lapels, for the purpose of allowing the garment to have different appearances for aesthetics, to provide lapels that can be removed for washing, and to provide lapels that are replaceable when damaged.
Claim(s) 1 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Serbu (US 3827019 A) in view of Grilliot (US 20080072360 A1).
As to claim 1, Serbu discloses a system for custom clothing fitting (“MAGNETIC CLOSURE,” title), the system comprising: a garment (FIG 6), the garment including a seam (between 21 and 22), the seam not sewn together (see FIG 6, the seam closes with magnets); a first plurality of magnetic materials on a first side of the first seam (21, which may be permanent magnets as disclosed in col 5 line 10-20); and a second plurality of magnetic materials on a second side of the first seam (22, which may be permanent magnets as disclosed in col 5 line 10-20) wherein the first plurality of magnetic materials and the second plurality of magnetic materials hold the first side and the second side of the seam releasably together in a first measurement position and a second measurement position (capable of holding in a first and second position, such as a first position that is fully open and a second position that is fully closed, or a first position that is partially closed as shown in FIG 6 and a second position that is fully closed).
Serbu does not disclose wherein the first measurement position and the second measurement position have each have a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position.
Grilliot teaches a similar garment (“Garment and measuring scale combination,” title) including “a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position” (measuring tape 20 is capable of and intended to provide a measurement of garment length, i.e., bodice length and/ or sleeve length).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first and second measurement positions with the measurement indication/ measuring tape taught by Grilliot, for the purpose of facilitating tailoring the garment to fit the wearer (Grilliot para. 0015).
As to claim 7, Serbu discloses the system of claim 1, wherein at least one of the first plurality of magnetic materials and the second plurality of magnetic materials are permanent magnets (Serbu col 5 line 10-20).
Claim(s) 1 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gauthier (US 20150201686 A1) in view of DuFaux (US 20070266472 A1) and Grilliot (US 20080072360 A1).
As to claim 1, Gauthier discloses a system for custom clothing fitting (“MODIFIABLE GARMENT WITH ADHESIVE SEAM,” title), the system comprising:
a garment (Modifiable garment 200), the garment including a seam (the vertical center front seam), the seam not sewn together (see FIG 2; para. 0029 discloses the seam portion 212 is adhesive);
a first fastener on a first side of the first seam (212 on the left side); and a second fastener on a second side of the first seam (212 on the right side) wherein the first and second fasteners hold the first side and the second side of the seam releasably together in a first measurement position and a second measurement position (see annotated portion of FIG 2 below).
Gauthier does not expressly disclose the seams are a plurality of magnetic materials.
Gauthier does disclose other attachment mechanisms in claim 14, including “magnetic sections,” so magnetic materials are within the scope of the Gauthier garment.
DuFaux teaches a similar garment closure, including “zippers, hook-and-loop type materials (e.g., Velcro), buttons, snaps including metallic or plastic snaps, magnets, or any other mechanism that may be used to conveniently attach and detach sections of clothing from each other” (para. 0017).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the fasteners as magnetic materials such as magnets as taught by DuFaux instead of adhesive for the seam closures of Gauthier, for the purpose of providing a known fastener for releasably closing the seam.
Gauthier does not disclose wherein the first measurement position and the second measurement position have each have a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position.
Grilliot teaches a similar garment (“Garment and measuring scale combination,” title) including “a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position” (measuring tape 20 is capable of and intended to provide a measurement of garment length, i.e., bodice length and/ or sleeve length).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first and second measurement positions with the measurement indication/ measuring tape taught by Grilliot, for the purpose of facilitating tailoring the garment to fit the wearer (Grilliot para. 0015).
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As to claim 8, Gauthier discloses a system for custom clothing fitting (“MODIFIABLE GARMENT WITH ADHESIVE SEAM,” title), the system comprising:
a garment (Modifiable garment 200), the garment including a seam (the vertical center front seam), the seam not sewn together (as best understood, see FIG 2);
a first plurality of attachment mechanisms on a first side of the seam (212 on the left side); and a second plurality of attachment mechanisms on a second side of the seam (212 on the right side) wherein the first plurality of attachment mechanisms and the second plurality of attachment mechanisms hold the first side and the second side of the seam releasably together in a first measurement position and a second measurement position (all of these attachment mechanisms are capable of holding the first and second sides releasably together in a first position and a second position, e.g., a first open position and a second closed position, or a first partially closed position and a second fully closed position by fastening all or only some of the attachment mechanisms).
Gauthier does not expressly disclose the first and second pluralities of attachment mechanisms are magnetic.
Gauthier does disclose other attachment mechanisms in claim 14, including “magnetic sections,” so magnetic attachment mechanisms are within the scope of the Gauthier garment.
DuFaux teaches a similar garment closure, including “zippers, hook-and-loop type materials (e.g., Velcro), buttons, snaps including metallic or plastic snaps, magnets, or any other mechanism that may be used to conveniently attach and detach sections of clothing from each other” (para. 0017).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide magnetic attachment mechanisms such as magnets as taught by DuFaux instead of adhesive for the seam closures of Gauthier, for the purpose of providing a known fastener for releasably closing the seam.
Gauthier does not disclose wherein the first measurement position and the second measurement position have each have a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position.
Grilliot teaches a similar garment (“Garment and measuring scale combination,” title) including “a measurement indication comprising a measuring tape on the garment that provides a measurement of a garment length according to the first measurement position or the second measurement position” (measuring tape 20 is capable of and intended to provide a measurement of garment length, i.e., bodice length and/ or sleeve length).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the first and second measurement positions with the measurement indication/ measuring tape taught by Grilliot, for the purpose of facilitating tailoring the garment to fit the wearer (Grilliot para. 0015).
As to claim 9, Gauthier discloses the system of claim 8, wherein the first plurality of magnetic attachment mechanisms and the second plurality of magnetic attachment mechanisms include magnetic material (this is the result of the modification presented in the rejection of claim 8 above).
Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gauthier (US 20150201686 A1) in view of DuFaux (US 20070266472 A1) and Grilliot (US 20080072360 A1) as applied to claim 9 above, and further in view of Serbu (US 3827019 A).
As to claim 10, Gauthier discloses the system of claim 9, wherein at least one of the first plurality of magnetic attachment mechanisms and the second magnetic plurality of attachment mechanisms are magnets but does not disclose the magnets are permanent magnets.
Serbu teaches a similar garment (FIG 6), including permanent magnets (col 5 line 10-20).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the magnets as permanent magnets for the purpose of avoiding “possible problems of magnetic deterioration due to the Curie effect” (Serbu col 5 line 20-25).
As to claim 11, Gauthier discloses a plurality of pockets, the plurality of pockets attachable in various locations to the garment (Gauthier para. 0029, the pockets are capable of being attached in various locations).
As to claim 12, Gauthier discloses a plurality of lapels, each of the lapels attachable to the garment (Gauthier Accoutrement sections 220 and 230 shown in FIG 2 and described in para. 0029).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732
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