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 .
Status of Claims
This Office Action is in response to the amendment filed 12/1/25. As directed by the amendment, claims 1 has been amended; claims 16-20 have been cancelled, and claims 21-25 have been added. Claims 1-15 and 21-25 are pending in this application.
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.
Claim 9 is 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 pre-AIA the applicant regards as the invention.
Regarding claim 9, there is insufficient antecedent basis for the limitation “…a substrate…” in the claim. Appropriate correction is required. The examiner suggests changing “…a substrate…” to “…the substrate…”.
Any remaining claims are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph as being dependent from a rejected base claim.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Use of the word “means” (or “step for”) in a claim with functional language creates a rebuttable presumption that the claim element is to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is invoked is rebutted when the function is recited with sufficient structure, material, or acts within the claim itself to entirely perform the recited function.
Absence of the word “means” (or “step for”) in a claim creates a rebuttable presumption that the claim element is not to be treated in accordance with 35 U.S.C. § 112(f) (pre-AIA 35 U.S.C. 112, sixth paragraph). The presumption that § 112(f) (pre-AIA § 112, sixth paragraph) is not invoked is rebutted when the claim element recites function but fails to recite sufficiently definite structure, material or acts to perform that function.
Claim elements in this application that use the word “means” (or “step for”) are presumed to invoke § 112(f) except as otherwise indicated in an Office action. Similarly, claim elements that do not use the word “means” (or “step for”) are presumed not to invoke § 112(f) except as otherwise indicated in an Office action.
In the instant case there does not appear to be any means for language in the claims and/or language to be considered under 35 U.S.C. 112(f).
Claim Rejections - 35 USC § 102 AIA
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 1-15 and 21-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kosak US 10905173 B1 (herein after Kosak).
Regarding claim 1, Kosak discloses a nursing garment (Abstract, as seen in annotated Figure 35), comprising:
shoulder strap (1606A and 1606B, as seen in annotated Figure 48); a first clasp (452), wherein the first clasp is connected to the shoulder strap (1606A and 1606B) and includes a substrate (as seen in annotated Figure 9), a first hook (451, as seen in annotated Figure 9) and a first slot (451A) a first slot (as seen in annotated Figure 9), the first hook and the first slot are both arranged on the substrate (as seen in annotated Figure 9), the first hook is set at the first position of the substrate (as seen in annotated Figure 9), and the first slot is set at the second position of the substrate (as seen in annotated Figure 9), and the first position and the second position are spaced apart (as seen in annotated Figure 9);
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (The first slot is set at the second position of the substrate. )][AltContent: textbox (The first hook is set at the first position of the substrate. )][AltContent: textbox (The first position and the second position are spaced apart. )][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A substrate. )][AltContent: textbox (A first slot. )]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (The first hook and the first slot are both arranged on the substrate.)]
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an inner layer (470), wherein the inner layer has an opening (as seen in annotated Figure 35) configured to support at least a portion of a breast pump inserted into the opening (as seen in annotated Figure 35) or configured to allow a user's nipple to be exposed through the opening for breastfeeding (as seen in annotated Figure 35);
a second clasp (454), wherein the second clasp is connected to the inner layer (as seen in annotated Figure 35) and is configured to removably attach the inner layer to the first slot (as seen in annotated Figure 9, Col 13, lines 42-67 and Col 14, lines 1- 13 and Col 14, lines 12-47);
an outer layer (as seen in annotated Figure 35) and a third clasp (456), wherein the third clasp is connected to the outer layer (as seen in annotated Figure 35) and is configured to removably attach the outer layer to the first hook (Col 13, lines 42-67 and Col 14, lines 1- 13 and Col 14, lines 12-47, -as seen in annotated Figure 9).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (Second slot)]
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[AltContent: arrow][AltContent: textbox (A first slot.)][AltContent: textbox (Second hook)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (A first hook. )][AltContent: textbox (A third clasp. )][AltContent: textbox (A second clasp.)][AltContent: textbox (A first clasp.)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Wherein the first clasp is connected to the shoulder strap.)][AltContent: textbox (An inner layer.)][AltContent: textbox (A shoulder strap.)]
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[AltContent: arrow][AltContent: arrow][AltContent: textbox (Wherein the second clasp is connected to the inner layer and is configured to removably attach the inner layer to the first slot.)][AltContent: textbox (Wherein the third clasp is connected to the outer layer and is configured to removably attach the outer layer to the first hook. )]
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[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (An opening.)][AltContent: textbox (An outer layer.)][AltContent: textbox (Wherein the inner layer has an opening configured to support at least a portion of a breast pump inserted into the opening or configured to allow a user's nipple to be exposed through the opening for breastfeeding.)][AltContent: textbox (A nursing garment.)]
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Regarding claim 2, Kosak discloses wherein the second clasp (454) includes a second hook (485) that matches the first slot (as seen in annotated Figure 9).
Regarding claim 3, Kosak discloses wherein the third clasp (456) includes a second slot (487, as seen in annotated Figure 9) that matches the first hook (as seen in annotated Figure 9 and 75 – the second slot being capable of accommodating the first hook as need be).
[AltContent: textbox (Second slot.(487))][AltContent: arrow][AltContent: arrow][AltContent: textbox (First hook.)][AltContent: arrow][AltContent: textbox (Third clasp)]
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FIG. 75
Regarding claim 4, Kosak discloses wherein the opening (1072) is formed between three edges of the inner layer (as seen in annotated Figures 12 and 25), and the three edges at least partially overlap (as seen in annotated Figures 12 and 25).
[AltContent: arrow][AltContent: arrow]
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[AltContent: textbox (The opening (1072) is formed between three edges of the inner layer, and the three edges at least partially overlap.)][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (Inner layer)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Opening.)]
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Regarding claim 5, Kosak discloses wherein the elasticity of the three edges is greater than the elasticity of other portions of the inner layer (Col 5, lines 21-37 and Col 6, lines 36-50).
Regarding claim 6, Kosak discloses wherein the opening is a slit (1072, as seen in annotated Figure 25).
Regarding claim 7, Kosak discloses wherein the first slot (451A, as seen in annotated Figure 9) is positioned below the first hook (451 - the slot is below the top surface of the first hook, as seen in annotated Figure 9, when looked at from the front of the clasp) when the nursing garment is worn.
Regarding claim 8, Kosak discloses wherein the second hook (485, as seen in annotated Figure 9) is configured to protrude in a direction away from the wearer (as seen in annotated Figure 9) when the nursing garment is worn and the second hook (485, as seen in annotated Figure 9) is connected to the first slot (the second hook being capable of being held in the first slot if need be).
Regarding claim 9, Kosak discloses wherein the first clasp (452) further includes a substrate (as seen in annotated Figures 7 and 9), wherein the first hook (451, as seen in annotated Figure 9) and the first slot (451A) are both provided on the substrate (as seen in annotated Figures 7 and 9), and the substrate includes a first connecting structure (481A) for attaching the shoulder strap (as seen in Figures 12 and 75).
[AltContent: arrow][AltContent: arrow][AltContent: textbox (A first connecting structure for attaching the shoulder strap. )][AltContent: arrow][AltContent: textbox (The first hook.)][AltContent: arrow]
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[AltContent: textbox (The first clasp further includes a substrate.)]
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Regarding claim 10, Kosak discloses wherein the nursing garment further comprising a support strap (180), the first clasp further includes a substrate (as seen in annotated Figures 7 and 9), wherein the first hook (451) and the first slot (451A) are both provided on the substrate (as seen in annotated Figures 7 and 9), and the substrate includes a second connecting structure (481) for attaching the support strap (as seen in annotated Figure 9).
[AltContent: arrow][AltContent: textbox (A second connecting structure.(481))][AltContent: textbox (A first connecting structure.(481A))][AltContent: arrow]
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Regarding claim 11, Kosak discloses wherein the second connecting structure (481) is positioned between the first hook (451) and the first slot (451A as seen in annotated Figure 9).
Regarding claim 12, Kosak discloses wherein the second hook (485) is configured to protrude in a direction close to the wearer when the nursing garment is worn (as seen in annotated Figure 9) and the second hook is connected to the first slot (the second hook is connected to the first slot via 451).
Regarding claim 13, Kosak discloses wherein the substrate gradually narrows in width along a direction from the first hook to the first slot (as seen in Figure 75).
[AltContent: connector][AltContent: textbox (The substrate gradually narrows in width along a direction from the first hook to the first slot.)][AltContent: arrow][AltContent: arrow]
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FIG. 75
Regarding claim 14, Kosak discloses wherein the first connecting structure is positioned above the first hook (481A, as seen in annotated Figure 9).
Regarding claim 15, Kosak discloses wherein the first hook (451) comprises a first portion (as seen in annotated Figure 9) and a second portion (as seen in annotated Figure 9), the first portion being connected to the substrate (as seen in annotated Figure 9), the second portion connected to the first portion through a bent transition (as seen in annotated Figure 9), and the first portion including a protrusion (as seen in annotated Figure 9).
[AltContent: connector][AltContent: textbox (Substrate)][AltContent: ][AltContent: connector][AltContent: textbox (First hook)][AltContent: connector][AltContent: textbox (Second portion.)][AltContent: connector][AltContent: textbox (First portion)][AltContent: ][AltContent: arrow][AltContent: arrow]
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Regarding claim 21, Kosak discloses wherein the first slot (as seen in annotated Figure 9) is provided through the thickness direction of the substrate (as seen in annotated Figure 9).
[AltContent: textbox (Third clasp)][AltContent: arrow][AltContent: arrow][AltContent: textbox (Second slot.(487))][AltContent: arrow][AltContent: arrow][AltContent: textbox (First hook.)]
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Regarding claim 22, Kosak discloses wherein the first slot (as seen in annotated Figure 9) is positioned above the first hook (as seen in annotated Figure 9) when the nursing garment is worn (as seen in annotated Figures 9, 12, 32 and 35).
Regarding claim 23, Kosak discloses wherein the third clasp (3356 B, as seen in annotated Figure 9) is connected to the outer layer (360) and is configured to be directly and removably attached to the first hook (as seen in annotated Figure 9) without an intermediate clasp (as seen in annotated Figure 9).
[AltContent: arrow][AltContent: textbox (The outer layer and is configured to be directly and removably attached to the first hook without an intermediate clasp.)]
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Regarding claim 24, Kosak discloses wherein the second clasp (as seen in annotated Figures 9, 12, 32 and 35) is connected to the inner layer (as seen in annotated Figures 9, 12, 32 and 35) and is configured to be directly and removably attached to the first slot (as seen in annotated Figures 9, 12, 32 and 35) without an intermediate clasp (as seen in annotated Figures 9, 12, 32 and 35).
[AltContent: arrow][AltContent: textbox (Outer layer)][AltContent: arrow][AltContent: textbox (Inner layer)]
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Regarding claim 25, Kosak discloses wherein the second clasp (as seen in annotated Figures 9, 12, 32 and 35) and the third clasp (as seen in annotated Figures 9, 12, 32 and 35) can be independently detached from the first clasp (as seen in annotated Figures 9, 12, 32 and 35).
[AltContent: arrow][AltContent: textbox (Outer Layer)][AltContent: arrow][AltContent: textbox (Inner layer)]
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ARGUMENTS
Applicant’s arguments have been fully considered but are not convincing. Applicant’s arguments are directed towards structural elements included in the amended claims and the newly added claims and thus do not apply to the manner in which prior art has been applied in the current rejection. In view of Applicant's amendments, the search has been updated, and a rejection on the amended claims is applied above.
In response to the applicant’s arguments that Kosak does not disclose or suggest a "substrate" functioning as an independent structural platform that carries two separate and discrete components, namely a hook member and a slot member, the examiner respectfully disagrees. Kosak, as seen in annotated Figure 9 below, clearly shows a "substrate" functioning as an independent structural platform that carries two separate and discrete components.
[AltContent: textbox (A first slot
component )][AltContent: textbox ( A hook component.)][AltContent: connector][AltContent: ][AltContent: arrow][AltContent: arrow][AltContent: textbox (A substrate. )]
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In response to the applicant’s arguments that the slot and hook of Kosak are not arranged as two discrete components, spatially spaced apart from each other on a common substrate, the examiner respectfully disagrees. As stated shown in annotated Figure 9 of Kosak above, the slot and hook of Kosak are two discrete components and spaced apart on a common substrate.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE M FERREIRA whose telephone number is (571)270-5916, fax number (571) 270-6916. The examiner can normally be reached on Monday - Thursday 9:00 am- 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, please contact the examiner’s supervisor, ALISSA J. TOMPKINS, at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Catherine M. Ferreira/
Examiner, Art Unit 3732
/ALISSA J TOMPKINS/Supervisory Patent Examiner, Art Unit 3732
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