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 .
Response to Amendment
The amendment filed on 12/03/2025 has been entered. Claims 1-4 and 8-20 are currently pending in the application. Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 12/03/2025.
Claim Objections
Claims 2 and 16-18 are objected to because of the following informalities:
In claim 2, "hook and loop fastener" appears to read "a hook and loop fastener" or "hook and loop fasteners" for clarity;
In claims 16-18, the status identifier "(New))" should read "(New)".
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 1-4 and 8-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being which renders the claim which renders the claim 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.
Claim 1 recites the limitation "the flat cover portion capable of being at least partially detached from the at least one of the two pant legs, the flat cover portion comprising an edge sewn to the at least one of the two pant legs", which renders the claim indefinite. The limitation encompasses the scope of the flat cover portion capable of being completely detached from one or both of the two pant legs, and the flat cover portion comprising an edge sewn one or both of the two pant legs. First, it is unclear how the flat cover portion can be completely detached, because being sewn to the at least one of the two pant legs results in a non-detachable attachment. Second, it is unclear how many flat cover portion(s) are actually included in the pant clothing item. The claim only sets forth as a flat cover portion. How can a flat cover portion be sewn to two pant legs? Therefore, the metes and bounds of the claim are unclear and cannot be ascertained. For examination purposes, the examiner has interpreted that the pant clothing item comprises at least one flat cover portion, and the limitation has been construed to be the at least one flat cover portion capable of being partially detached from the at least one of the two pant legs, and the at least one flat cover portion comprising an edge partially sewn to the at least one of the two pant legs.
Claims 9-10 each recite the limitation "the flat cover portion", which renders the claim indefinite due to the same reason as discussed above.
The remaining claims each depend from a rejected base claim and are likewise rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-4, 8 and 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6 and 10-18 of U.S. Patent US 12,144,383 B2 in view of Bowman (GB 2446364 A).
Below is a table illustrating a claim to claim analysis of the double patenting rejections.
Instant Application
U.S. Patent 12,144,383 B2
1. A pant clothing item comprising:
[A] an upper trunk portion and two pant legs formed distally from the upper trunk portion, the two pant legs including a first pant leg and a second pant leg, the two pant legs of same or different lengths, wherein each of the two pant legs has a distal opening;
[B] at least one of the two distal openings being a modified distal opening, wherein the modified distal opening comprises a first attachment;
[C] a flat cover portion comprising a second attachment, the flat cover portion capable of being at least partially detached from the at least one of the two pant legs, the flat cover portion comprising an edge sewn to the at least one of the two pant legs,
[D] wherein the second attachment corresponds with the first attachment on the modified distal opening, and
[E] wherein when the first attachment and the second attachment are completely attached, the cover portion is attached to the modified distal opening and the modified distal opening is closed, and wherein the first attachment:
i) is positioned around the modified distal opening; or
ii) is positioned inside and around the at least one of the two pant legs up a distance from the modified distal opening.
1. A pant clothing item comprising:
[A'] an upper trunk portion and two pant legs formed distally from the upper trunk portion, the two pant legs including a first pant leg and a second pant leg, the two pant legs of same or different lengths, wherein each of the two pant legs has a distal opening;
[B'] at least one of the two distal openings being a modified distal opening, wherein at least one of the two pant legs having the modified distal opening comprises a first attachment;
[C'] a flat cover portion capable of being removed from the at least one of the two pant legs, the flat cover portion comprising a second attachment,
[D'] wherein the second attachment corresponds with the first attachment on the modified distal opening,
[E'] wherein when the first attachment and the second attachment are completely attached, the flat cover portion is attached to the modified distal opening and the modified distal opening is closed, and wherein the first attachment:
i) is positioned around the modified distal opening; or
ii) is positioned inside and around the at least one of the two pant legs up a distance from the modified distal opening.
2. The pant clothing item of claim 1,
[F] wherein the first attachment and the second attachment are selected from a zipper system, buttons and buttonholes, snaps, hook and loop fastener, or a combination thereof.
2. The pant clothing item of claim 1,
[F'] wherein the first attachment and the second attachment are selected from a zipper system, buttons and buttonholes, snaps, hook and loop fastener, or a combination thereof.
3. The pant clothing item of claim 1,
[G] wherein the two pant legs are of different lengths.
3. The pant clothing item of claim 1,
[G'] wherein the two pant legs are of different lengths.
4. The pant clothing item of claim 1,
[H] wherein the first pant leg has a length shorter than the second pant leg.
4. The pant clothing item of claim 1,
[H'] wherein the first pant leg has a length shorter than the second pant leg.
8. The pant clothing item of claim 1,
[I] wherein each of the two pant legs have a modified distal opening, and
[J] wherein the pant clothing item comprises a cover portion for each of the two modified distal openings.
6. The pant clothing item of claim 1,
[I'] wherein each of the two pant legs have a modified distal opening, and
[J'] wherein the pant clothing item comprises two flat cover portions, one for each of the two modified distal openings.
12. The pant clothing item of claim 1,
[K] wherein the first pant leg and the second pant leg each have an inseam length that is independently selected from 3 inches to 40 inches.
10. The pant clothing item of claim 1,
[K'] wherein the first pant leg and the second pant leg each have an inseam length that is independently selected from 3 inches to 40 inches.
13. The pant clothing item of claim 1,
[L] wherein the pant clothing item is selected from pants, shorts, or a culotte.
11. The pant clothing item of claim 1,
[L'] wherein the pant clothing item is selected from pants, shorts, or a culotte.
14. The pant clothing item of claim 12,
[M] wherein the first pant leg has an inseam length in a range from 3 to 20 inches.
12. The pant clothing item of claim 10,
[M'] wherein the first pant leg has an inseam length in a range from 3 to 20 inches.
15. The pant clothing item of claim 14,
[N] wherein the first pant leg has an inseam length of 18 inches.
13. The pant clothing item of claim 12,
[N'] wherein the first pant leg has an inseam length of 18 inches.
16. The pant clothing item of claim 14,
[O] wherein the first pant leg has an inseam length of 19 inches.
14. The pant clothing item of claim 12,
[O'] wherein the first pant leg has an inseam length of 19 inches.
17. The pant clothing item of claim 14,
[P] wherein the first pant leg has an inseam length of 20 inches.
15. The pant clothing item of claim 12,
[P'] wherein the first pant leg has an inseam length of 20 inches.
18. The pant clothing item of claim 12,
[Q] wherein the first pant leg has an inseam length in a range from 3 to 10 inches.
16. The pant clothing item of claim 10,
[Q'] wherein the first pant leg has an inseam length in a range from 3 to 10 inches.
19. The pant clothing item of claim 8,
[R] wherein the first pant leg and the second pant leg each independently have an inseam length in a range from 3 to 20 inches.
17. The pant clothing item of claim 6,
[R'] wherein the first pant leg and the second pant leg each independently have an inseam length in a range from 3 to 20 inches.
20. The pant clothing item of claim 8,
[S] wherein the first pant leg and the second pant leg each independently have an inseam length in a range from 3 to 10 inches.
18. The pant clothing item of claim 6,
[S'] wherein the first pant leg and the second pant leg each independently have an inseam length in a range from 3 to 10 inches.
As shown in the mapping above, although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 8 and 12-20 are anticipated by patent claims 1-4, 6 and 10-18 except for the flat cover portion comprising an edge sewn to the at least one of the two pant legs. However, Bowman, in an analogous art, discloses a pant clothing item (a pair of trousers 2; fig. 1; page 7, para. 2; claims 1-2) comprising: two pant legs each having a distal opening (at free edges 26 of each leg; figs. 1-2; page 7, para. 2), at least one of the two distal openings being a modified distal opening (modified by flap 34; fig. 2; page 7, paras. 4-5), wherein the modified distal opening comprises a first attachment (stitching, one or more clips, buttons, press studs, VELCRO (hook and loop fastening), welding, adhesive, and/or the like; page 4, para. 5; claim 16); and a cover portion (an additional portion, which is a sock portion 16; figs. 1-2; page 7, para. 5; claim 2) comprising a second attachment (corresponding to the first attachment for attaching the sock portion 16 to the flap 34; fig. 2; page 4, para. 5; page 7, para. 5; claim 16), the second attachment corresponding with the first attachment on the modified distal opening (as discussed above; fig. 2; page 4, para. 5; page 7, para. 5; claim 16), wherein the cover portion comprising an edge sewn to the at least one of the two pant legs (by stitching; fig. 2; page 4, para. 5; page 7, paras. 4-5; claim 16). Therefore, based on Bowman's teaching, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have configured the flat cover portion comprising an edge to be sewn to the at least one of the two pant legs, in order to secure the flat cover portion to the at least one of the two pant legs thereby preventing the flat cover portion from being misplaced or lost.
In addition, claims 2-4, 6 and 10-18 of the patent application include all the limitations of claims 2-4, 8 and 12-20 of the instant application, therefore anticipate claims 2-4, 8 and 12-20 of the instant application as well.
Status of Claims
Claims 1-4 and 8-20, as interpreted in the 112(b) section, are currently free of prior art rejections. However, the claims should not be construed as reciting allowable subject matter. It is noted that all the pending claims are subjected to 35 USC 112(b) rejections as discussed above; and substantive amendments to the claims may result in prior-art-based rejections in a future Office action.
Response to Arguments
Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
It is noted that a double patenting rejection cannot be held in abeyance. See MPEP 804 (I)(B)(1).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732