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 .
Claims 1-20 are pending in this application.
Election/Restrictions
Applicant’s election without traverse of Species I in the reply filed on 09/10/2025 is acknowledged.
Further, claims 17-20 are considered withdrawn as being directed to at least unelected Species IV (figs. 4A-E) for claim 17-18, and unelected Species III (figs. 3A-D) for claim 19-20.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 4-5, 8-9, 11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2011/0296588 A1 to Cummings.
For claim 1, Cummings discloses a sock (fig. 6) (10) with a first pocket structure (24) comprising: a first material layer (upper 16) having a first elasticity (wall 18 of upper 16 is formed of a stretch material, para 0030) comprising: a welt area defining a collar (upper rim 20); a leg portion extending from the collar (leg portion of 16 extending from collar), the leg portion including a front area and a rear area (front and rear or leg portion of 16), the rear area at least partially covering the Achilles tendon of a wearer in an as-worn condition (see fig. 6 wherein the rear portion of the leg portion of 16 is configured to cover the Achillies tendon of a wearer); a heel portion extending below the leg portion (heel portion 14 extending below leg portion of upper 16); a foot portion extending forwardly from the heel portion (foot portion between heel portion 14 and toe portion 12 extends forwardly from the heel portion 14); and a second material layer (outer layer of 24) comprising: a first pocket panel overlaying a portion of the first material layer (See figs. 6-7 wherein outer layer of 24 overlays a portion within the aperture 30).
For claim 4, Cummings discloses the sock of claim 1, wherein the first pocket panel at least partially encloses a first pocket space, and wherein the first pocket space is at least partially defined by the first material layer and the second material layer of the first pocket panel (see para 0030 describing the pocket is formed between two layers including the wall 18 and the inner layer).
For claim 5, Cummings discloses the sock of claim 4, wherein the first pocket panel comprises a first side edge and a second side edge (side edges 28).
For claim 8, Cummings discloses the sock of claim 4, wherein the first pocket panel further comprises a top edge, and wherein the top edge is at least partially separable from the first material layer (see fig. 6 and 7 wherein the top edge around aperture 30 is configured to be separable from the inner layer).
For claim 9, Cummings discloses the sock of claim 8, wherein the top edge at least partially defines a pocket opening of the first pocket space. (see figs. 6 and 7 wherein the top edge around the aperture 30 defines the pocket opening of the pocket opening space).
For claim 11, Cummings discloses a sock (fig. 6) (10) with a first pocket structure (24) comprising: a first material layer (upper 16) having a first elasticity comprising (wall 18 of upper 16 is formed of a stretch material, para 0030): a welt area defining a collar (upper rim 20); a leg portion extending from the collar (leg portion of 16 extending from collar); a heel portion extending below the leg portion (heel portion 14 extending below leg portion of upper 16); a foot portion extending from heel portion (foot portion between heel portion 14 and toe portion 12 extends forwardly from the heel portion 14); and a second material layer (outer layer of 24) comprising: a first pocket panel overlaying a portion of the first material layer (See figs. 6-7 wherein outer layer of 24 overlays a portion within the aperture 30).
For claim 14, Cummings discloses the sock of claim 11, wherein the first pocket panel at least partially encloses a first pocket space, and wherein the first pocket space is at least partially defined by the first material layer and the second material layer of the first pocket panel (see para 0030 describing the pocket is formed between two layers including the wall 18 and the inner layer).
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.
Claims 1, 2, 4-7, 10-12, 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over US 2,034,897 A to Crane in view of US 4,898,007 A to Dahlgren.
For claim 1, Crane discloses a sock (2) with a first pocket structure (1 or 3) comprising: a first material layer (layer of sock 2) comprising: a welt area defining a collar (top portion of sock 2 formed as a collar); a leg portion extending from the collar, the leg portion including a front area (opposite side of rear area) and a rear area (see annotated fig. 1 below),
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the rear area at least partially covering the Achilles tendon of a wearer in an as-worn condition (see annotated fig. 1 above wherein the heel portion is configured to cover the Achillies tendon of a wearer); a heel portion extending below the leg portion (annotated fig. 1 above); a foot portion extending forwardly from the heel portion (foot portion in phantom forward of the heel in annotated fig. 1 above); and a second material layer (material of 1 or 3) comprising: a first pocket panel overlaying a portion of the first material layer (pockets 1 or 3 overlay the material of sock 2).
Crane does not specifically disclose the first material having a first elasticity.
However, attention is directed to Dahlgren teaching a sock construction (abstract of Dahlgren) wherein the body is preferably of a resiliently stretchable elastic yarn whereby the sock will stretch to closely fit a wide range of foot sizes (col. 4, lines 54-56). It would have been obvious to one of ordinary skill in the art Crane would be modified wherein first material has a first elasticity for purposes of providing a stretchable sock that will closely fit a wide range of foot sizes, as taught by Dahlgren (col. 4, lines 54-56).
For claim 2, the modified Crane teaches the sock of claim 1, wherein the second material layer has a second elasticity, and wherein the second elasticity is less than the first elasticity (strips 1 and 3 and made of calico (a non-stretch textile) and are reinforced compared to the sock 2 for bearing a force and are considered as having less elasticity than the stretchable sock material described in the discussion for claim 1 above).
For claim 4, the modified Crane teaches the sock of claim 1, wherein the first pocket panel at least partially encloses a first pocket space, and wherein the first pocket space is at least partially defined by the first material layer and the second material layer of the first pocket panel (see fig. 1, and fig. 5 for illustrative purposes, wherein the pocket 3 is formed between the layers of material of 3 and 2).
For claim 5, the modified Crane teaches the sock of claim 4, wherein the first pocket panel comprises a first side edge and a second side edge (side edges of 3, see fig. 1, and fig. 5 for illustrative purposes ).
For claim 6, the modified Crane teaches the sock of claim 5, wherein the first pocket panel further comprises a bottom edge (bottom edge of 3), and wherein the bottom edge is at least partially separable from the first material layer (see fig. 1, and fig. 5 for illustrative purposes, wherein the bottom edge is at least partially separable from the layer 2).
For claim 7, the modified Crane teaches the sock of claim 6, wherein the bottom edge at least partially defines a pocket opening of the first pocket space (see fig. 1, and fig. 5 for illustrative purposes, wherein the bottom edge of 3 defined a pocket opening of the pocket space).
For claim 10, the modified Crane teaches the sock of claim 2 further comprising a second pocket structure within the leg portion, wherein the second pocket structure is comprised of the second material layer and comprises a second pocket panel that overlays the first material layer (second pocket 1 overlays the layer of sock 2) (also see discussion for claim 2 above wherein pockets 1 and 3 are of the same material).
For claim 11, Crane discloses a sock (2) with a first pocket structure (1 or 3) comprising: a first material layer (layer of sock 2) comprising: a welt area defining a collar (top portion of sock 2 formed as a collar); a leg portion extending from the collar (see annotated fig.1 below);
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a heel portion extending below the leg portion (annotated fig. 1 above); a foot portion extending forwardly from the heel portion (foot portion in phantom forward of the heel in annotated fig. 1 above); and a second material layer (material of 1 or 3) comprising: a first pocket panel overlaying a portion of the first material layer (pockets 1 or 3 overlay the material of sock 2).
Crane does not specifically disclose the first material having a first elasticity.
However, attention is directed to Dahlgren teaching a sock construction (abstract of Dahlgren) wherein the body is preferably of a resiliently stretchable elastic yarn whereby the sock will stretch to closely fit a wide range of foot sizes (col. 4, lines 54-56). It would have been obvious to one of ordinary skill in the art Crane would be modified wherein first material has a first elasticity for purposes of providing a stretchable sock that will closely fit a wide range of foot sizes, as taught by Dahlgren (col. 4, lines 54-56).
For claim 12, the modified Crane teaches the sock of claim 1, wherein the second material layer has a second elasticity, and wherein the second elasticity is less than the first elasticity (strips 1 and 3 and made of calico (a non-stretch textile) and are reinforced compared to the sock 2 for bearing a force and are considered as having less elasticity than the stretchable sock material described in the discussion for claim 1 above).
For claim 14, the modified Crane teaches the sock of claim 11, wherein the first pocket panel at least partially encloses a first pocket space, and wherein the first pocket space is at least partially defined by the first material layer and the second material layer of the first pocket panel (see fig. 1, and fig. 5 for illustrative purposes, wherein the pocket 3 is formed between the layers of material of 3 and 2).
For claim 15, the modified Crane teaches the sock of claim 14, wherein the first pocket panel further comprises a bottom edge (bottom edge of 3), and wherein the bottom edge is at least partially separable from the first material layer (see fig. 1, and fig. 5 for illustrative purposes, wherein the bottom edge is at least partially separable from the layer 2) to at least partially define a pocket opening of the first pocket space (see fig. 1, and fig. 5 for illustrative purposes, wherein the bottom edge of 3 defined a pocket opening of the pocket space).
For claim 16, the modified Crane teaches the sock of claim 15, wherein the bottom edge is adjacent to the leg portion (see fig. 1, and fig. 5 for illustrative purposes, wherein the bottom edge of 3 is considered adjacent to the leg portion).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Crane in view of Dahlgren, as applied to claims 1 and 11 above, and further in view of US 4,005,494 A of Burn.
For claim 3, the modified Crane teaches the sock of claim 1, but does not specifically disclose wherein the first pocket panel is integrally knit with the first material layer.
However, attention is directed to Brun teaching an analogous sock including a pocket which is integrally knit with the leg portion of the sock so that the sock is formed in an economical manner (abstract and col. 1, lines 25-30 of Burn). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Crane would be further modified wherein the first pocket panel is integrally knit with the first material layer for purposes of forming the sock in an economical manner, as taught by Burn (abstract and col. 1, lines 25-30 of Burn). Further, an integrally knit pocket and sock construction provides the obvious benefits of eliminating stitching steps, reducing bulk/irritation for the wearer, and improving durability, as is known in the art.
For claim 13, the modified Crane teaches the sock of claim 11, but does not specifically disclose wherein the first pocket panel is integrally knit with the first material layer.
However, attention is directed to Brun teaching an analogous sock including a pocket which is integrally knit with the leg portion of the sock so that the sock is formed in an economical manner (abstract and col. 1, lines 25-30 of Burn). It would have been obvious to one of ordinary skill in the art before the effective filing date wherein the modified Crane would be further modified wherein the first pocket panel is integrally knit with the first material layer for purposes of forming the sock in an economical manner, as taught by Burn (abstract and col. 1, lines 25-30 of Burn). Further, an integrally knit pocket and sock construction provides the obvious benefits of eliminating stitching steps, reducing bulk/irritation for the wearer, and improving durability, as is known in the art.
Conclusion
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/ERICK I LOPEZ/Examiner, Art Unit 3732