DETAILED ACTION
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 is in response to Application filed on June 14, 2026 in which claims 1-13 are presented for examination.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 1 and 10 recite “…a body portion having one or more fur pattern characteristics resembling those of a predetermined animal …” and “having at least fur pattern and ear style characteristics of the predetermined animal.” and “the tail component has the one or more fur pattern characteristics associated with the predetermined animal” (claim 1 only). The Specification gives no clear description of one or more fur pattern characteristics, a fur pattern and ear style characteristics or a tail component with one or more fur pattern characteristics. Applicant’s Specification discloses in [0020], “The kigurumi (10) comprises a one-piece jumpsuit designed to resemble an animal figure. It includes a body portion (12), sleeves (14), legs (16), a hood (18) featuring animal facial characteristics, and a tail (20). The tail (20) is traditionally plush and extends from the lower back area of the kigurumi.”, and discloses in [0025], “Users can exchange tails featuring different designs, colors, or animal characteristics, adding a customizable element to the garment.”, however there is no clear description as of one or more fur pattern characteristics or fur pattern and ear style characteristics as claimed and therefore, claim 1 fails to meet the written description requirement.
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 1-13 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 pre-AIA the applicant regards as the invention.
Claim 1 recites “having one or more fur pattern characteristics” in line 2 and 12, which is indefinite since it is unclear, what characteristics applicant is referring to.
Claim 1 recites “resembling those of a predetermined animal”, in multiple occurrences, which is indefinite since it is unclear as to the metes and bounds are as to what constitutes resembling those of a predetermined animal.
Claim 1 recites “at least fur pattern and ear style characteristics” in line 2, which is indefinite since it is unclear, what characteristics applicant is referring to.
Claim 10 recites “having one or more fur pattern characteristics” in line 2, which is indefinite since it is unclear as to the metes and bounds are as to what constitutes or how much it must resemble an animal figure to be included or excluded by the claim.
Claim 10 recites “resembling those of a predetermined animal”, in multiple occurrences, which is indefinite since it is unclear as to the metes and bounds are as to what constitutes resembling those of a predetermined animal.
Claim 1 recites “at least fur pattern and ear style characteristics”, which is indefinite since it is unclear, what characteristics applicant is referring to.
All dependent claims are rejected for depending from a rejected base claim.
Allowable Subject Matter
Claims 1-13 have not been rejected with prior art.
Response to Arguments
Applicant' s remarks and amendments to the claims filed on June 14, 2026 have overcome the prior art of record.
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 JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton Ostrup can be reached at 571-272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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