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 .
Specification
The disclosure is objected to because of the following informalities: In paragraphs [0027] and [0053], “hoop and loop” should read –hook and loop--.
Appropriate correction is required.
Claim Objections
Claims 2 and 7 are objected to because of the following informalities: In claim 2, line 3, “hoop and loop” should read –hook and loop—and in claim 7, line 2, “proactive” should read --protective. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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 3, 9 and 10 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.
Claim 3 discloses “a first protective pad” in line 2. Because “a first protective pad” is already disclosed in claim 1, from which claim 4 depends, it is not clear if the “first protective pad” disclosed in claim 4 is the same one from claim 1 or if claim 4 is introducing a new and different “first protective pad”, rendering claim 4 indefinite.
Claim 9 recites the limitation "the first protective pads" in line 2. There is insufficient antecedent basis for this limitation in the claim.
With regard to claim 10, in that claim 10 depends from claim 9, claim 10 is similarly rejected.
Claim 10 recites the limitation "the second protective pads" in line 2. There is insufficient antecedent basis for this limitation in the 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 (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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over USP 4,484,362 (Asher hereinafter) in view of USPAP 2013/0239290 (Rossi hereinafter).
With regard to claim 1, Asher discloses a multifunctional blanket, comprising
a body (1) that is rectangular in shape;
a first side edge (right side, Fig. 1); and
a second side edge (left side, Fig. 1);
wherein the first side edge (right side, Fig. 1) of the body (1) is provided with:
a continuous flexible connecting structure (4); and
wherein the second side edge (left side, Fig. 1) of the body (1) is provided with:
a mating structure (4) which is used for mating with the continuous flexible connecting structure (4).
Asher does not disclose wherein the first side edge is provided with a first connecting structure and a second connecting structure arranged at intervals, the first connecting structure and the second connecting structure being connected and then enclosing with the first side edge of the body to form a ring-shaped neck-hanging structure, and a first protective pad, and at least part of the first protective pad being located within the ring-shaped neck-hanging structure and covering the area where the continuous flexible connecting structure forms the ring-shaped neck-hanging structure after the first connecting structure is connected with the second connecting structure.
Rossi teaches a body (22) that is rectangular in shape with a first side edge (28) wherein the first side edge (28) is provided with a first connecting structure (60, 70) and a second connecting structure (opposing strap, 60) arranged at intervals, the first connecting structure and the second connecting structure being connected (Fig.’s 11 and 12) and then enclosing with the first side edge (28) of the body (22) to form a ring-shaped neck-hanging structure, and a first protective pad, and at least part of the first protective pad being located within the ring-shaped neck-hanging structure (Fig. 11) and covering the area where the continuous flexible connecting structure forms the ring-shaped neck-hanging structure after the first connecting structure is connected with the second connecting structure.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to modify the apparatus of Asher by providing wherein the first side edge is provided with a first connecting structure and a second connecting structure arranged at intervals, the first connecting structure and the second connecting structure being connected and then enclosing with the first side edge of the body to form a ring-shaped neck-hanging structure, and a first protective pad, and at least part of the first protective pad being located within the ring-shaped neck-hanging structure and covering the area where the continuous flexible connecting structure forms the ring-shaped neck-hanging structure after the first connecting structure is connected with the second connecting structure as taught in Rossi for the purposes of being able to wear the garment in a releasably secured manner, making it easy to remove, thereby safely securing the garment to the user (paragraph [0002] of Rossi).
With regard to claim 2, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein the first connecting structure comprises a locking member (70), and the locking member (70) comprises a button, a hidden button, a plug-in buckle, a knot button, a tri-glide buckle, or a hoop and loop fastener.
With regard to claim 3, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 2, wherein the first connecting structure further comprises a connecting strap (60), and the connecting strap (60) connects the locking member (70) and the body (1).
With regard to claim 4, insofar as claim 4 is definite, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein a side of a first protective pad (3) away from the body (1) is provided in a protrudent manner with respect to a side of the continuous flexible connecting structure (4) away from the body (1).
With regard to claim 5, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein the first protective pad (3) is a deformable flexible structure.
With regard to claim 6, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein an overall length of the first protective pad (3) is the same as or similar to a length of the first side edge (right side, Fig. 1) of the body (1).
With regard to claim 7, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein the second side edge (left side, Fig. 1) of the body (1) is provided with a second proactive pad (2) which is used for covering the mating structure (4), and the second side edge (left side, Fig. 1) and the first side edge (right side, Fig. 1) are a set of opposite edges of the body (1).
With regard to claim 8, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, wherein corner parts of the body (1) are provided with limiting straps (16).
With regard to claim 9, insofar as claim 9 is definite, the Asher modification with regard to claim 1 discloses the multifunctional blanket of claim 1, but does not disclose wherein two sides of the continuous flexible connecting structure (4) are respectively provided with the first protective pads (3). It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide an additional first protective pad on the other side of the continuous flexible connecting structure, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378.
With regard to claim 10, insofar as claim 10 is definite, the Asher modification with regard to claim 9 discloses the multifunctional blanket of claim 9, cut does not disclose wherein two sides of the mating structure (4) are respectively provided with the second protective pads (2). It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide an additional second protective pad on the other side of the mating structure, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USP’s 6,708,343, 6,341,379, 5,884,331, 11,986,117 and 9,763,485 as well as USPAP’s 2023/0255278, 2023/0090869, 2022/0273120, 2022/0175161, 2021/0298392, 2020/0077819, 2019/0246712, 2017/0258209, 2017/0049279, 2010/0256716 and 20050262613 all disclose garments similar to that claimed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON R EASTMAN whose telephone number is (571)270-3132. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin C. Mikowski can be reached at (571) 272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON R EASTMAN/Primary Examiner, Art Unit 3673