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 .
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 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.
DETAILED ACTION
This is in response to the amendments filed on 11/12/2025 in which claims 1-2, 4, 7, 12-14, 16, 18 are pending, of which Claims 1, 7, 16, 18 have been amended, claims 3, 5-6, 8-11, 15, 17, 19-20 have been cancelled.
Response to Arguments
Applicant's Argument:
Applicant's arguments with respect to the pending amended claims have been fully considered but they are moot in view of the new grounds of rejection as stated below. The amended claims changed the scope of the claims, for example, previously the claims claimed variety of fasteners (see for example original claim 5), meanwhile the newly amended claims are claiming only hook and loop fastener (see for example claim 1).
Drawings
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, “weighted perimeter” 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gay (U.S. Pub. No. 2012/0117707 A1).
Regarding claim 1, Gay discloses a burping garment device (100) comprising:
a body (109, 113) configured (capable) to be worn on a user's upper body (when worn), the body (109, 113) comprising:
a front section (the portion above mark 123 as shown in Fig. 4) (capable of) covering both shoulders and an upper chest area of the user (when worn on the shoulders and chest areas);
a rear section (the portion below mark 123 as shown in Fig. 4) (capable) for covering a back of the user (When worn on the back of the user);
a weighted perimeter edge (the bottom edge where the pocket 129 is present and wherein the extra layer making the pocket create an extra weight); and
wherein the front section (See above) and the rear section (See above) are removably attached via a pair of fasteners (123); and
further wherein the pair of fasteners are hook and loop fasteners (para. 0012).
Regarding claim 2, Gay discloses a burping garment device wherein the front section (See above) is generally U-shaped (See Fig. 4).
Regarding claim 4, Gay discloses a burping garment device wherein the rear section (See above) is generally rectangular (See Fig. 4).
Claim Rejections - 35 USC § 103
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 of this title, 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.
Claims 7, 12-14, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Gay (U.S. Pub. No. 2012/0117707 A1) in view of Keller (U.S. Pub. No. 2024/0365886 A1).
Regarding claim 7, Gay discloses a burping garment device (100) comprising:
a body (109, 113) configured (capable) to be worn on a user's upper body (when worn), the body (109, 113) comprising:
a front section (the portion above mark 123 as shown in Fig. 4) (capable) for covering both shoulders and an upper chest area of the user (when worn on the shoulders and upper chest areas);
a rear section (the portion below mark 123 as shown in Fig. 4) (capable) for covering a back of the user (When worn on the back of the user);
a top layer (206);
a bottom layer (203); and
wherein the front section and the rear section are removably attached via a pair of fasteners (123);
wherein the top layer is an absorbent layer (206 para. 0011 discloses terry cloth); and
further wherein the bottom layer (203) is a waterproof thermoplastic polyurethane layer (para. 0011 discloses polyurethane laminate (PUL) which is an approved material as evident by the applicant’s own specification see para. 0031).
Gay does not disclose that the top layer is an absorbent microfiber layer and the bottom layer is waterproof thermoplastic polyurethane layer.
However, Keller teaches yet another burp cloth (See Figs. 1-2) having a top layer is an absorbent microfiber layer and the bottom layer is waterproof thermoplastic polyurethane layer (para. 0013).
It would have been obvious for a person of ordinary skill in the art at the time of the effective filing date of the claimed invention to use an absorbent microfiber layer a waterproof thermoplastic polyurethane layer as taught by Keller as the material for the top and bottom layers. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, because absorbent microfiber and thermoplastic polyurethane was a well-known material for wearable protective gear as taught by Keller.
Regarding claim 12, Gay discloses a burping garment device wherein the top layer is comprised of a waterproof material (when worn inside out).
Regarding claim 13, Gay as modified by Keller discloses a burping garment device wherein the top layer is comprised of a thermoplastic polyurethane or a polyurethane laminate (See above).
Regarding claim 14, Gay discloses a burping garment device wherein the front section (See above) is generally U-shaped (See Fig. 4).
Regarding claim 16, Gay discloses a burping garment device wherein the rear section (See above) is generally rectangular (See Fig. 4).
Regarding claim 18, Gay in view of Keller has been previously discussed, but their teachings will again be summarized below. They teach a burb bib having a front and rear section removably connected via a pair of fasteners and having waterproof and absorbent layers. Under the principles of combination, if a prior art device, in its normal and usual operation, would obviously perform the method claimed, then the method claimed will be considered to be obvious by the prior art device. When the prior art device is the same as a device described in the specification for carrying out the claimed method, it can be assumed the device will perform the claimed process. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir.1986). MPEP 2112.02.
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 KHALED ANNIS whose telephone number is (571)270-1563. The examiner can normally be reached Monday-Friday 8 am-5 PM EST.
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/KHALED ANNIS/Primary Examiner, Art Unit 3732