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
This is in response to amendment received on 06/30/26. Claim 1 has been amended and claims 21-25 have been newly added. Claims 1-2, 4-11 and 21-25 are examined herein.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: support for the limitations of newly added claims 22-25 need to be provided, there is no support for “a first seam extending from the collar between a first sleeve and the body portion and a second seam extending from the collar between a second sleeve and the body portion; wherein the collar and the first and second seams are configured to positionally retain the gown on the user when the first panel is detached” as found in claim 22, “a seam extending from the collar between a sleeve and the body portion and coincident or substantially coincident with a parallel edge of the first panel” as found in claim 23, “further comprising a drawstring cannel coincident or substantially coincident with the bottom side of the first panel” as found in claim 24, and “wherein the gown comprises a first length and a bottom seam establishing an alternative length” as found in claim 25.
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 23 and 24 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In regard to claim 23, it is unclear what the “parallel edge” is and how it is associated with the panel of the seam. What is the parallel edge, parallel with and what edge of the panel is the parallel edge? It is unclear what structure is required to read on the limitation.
In regard to claim 24, it is unclear what “cannel” is and how it relates to the drawstring. The specification is silent to “cannel” and what it is or would require.
Any remaining claims are rejected depending from a rejected base claim.
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.
In regard to claim 1, Gerber teaches a garment system comprising: a gown (robe: 10, 11) comprising: a body portion configured to cover a torso of a user (figures 1-4); a first panel integrated into a first portion of the gown (flap: 19 or flap 22); and a first fastening portion configured to selectively attach or detach the first panel to the body portion to selectively expose a first target area of a user's torso (see figures 1-4); wherein the first panel comprises a bottom side integrated into the gown such that first panel hinges about the bottom side (see figures 1 and 2 or lower wall/bottom side: 18 and lower wall of 22 in figure 4).
In regard to claim 2, Gerber teaches wherein the first panel is integrated into a front portion or a back portion of the gown (see figures 1-4 panel 19 or 22 is integrated into the front and back portion of the gown).
In regard to claim 4, Gerber teaches wherein the first panel comprises a square profile (see flap 22: figures 3 and 4).
In regard to claim 6, Gerber teaches wherein the first target area comprises one of: a shoulder of the user; a chest of the user; or an abdomen of the user (see figures 1 and 2).
In regard to claim 7, Gerber teaches wherein the gown further comprises a second panel integrated into a second portion of the gown (second panel is flap 22 in figures 23 and 4).
In regard to claim 8, Gerber teaches wherein the gown further comprises a second fastening portion configured to selectively attach or detach the second panel to the body portion to selectively expose a second target area of the torso of the user (ties/tapes: 23 and 24).
In regard to claim 9, Gerber teaches wherein the gown further comprises openable slits disposed in a sleeve portion of the gown (see figures 1 and 4, slit at upper sleeve).
In regard to claim 21, Gerber teaches further comprising a collar configured to positionally retain the gown on the user when the first panel is detached (see figure 2, collar at neck opening).
In regard to claim 22, Gerber teaches further comprising a first seam extending from the collar between a first sleeve and the body portion and a second seam extending from the collar between a second sleeve and the body portion (seam at upper sleeve and body portion extending from collar in figures 1-4); wherein the collar and the first and second seams are configured to positionally retain the gown on the user when the first panel is detached (see seam at opposite sleeve).
In regard to claim 23, Gerber teaches further comprising a seam extending from the collar between a sleeve and the body portion and coincident or substantially coincident with a parallel edge of the first panel (seam along top of sleeve and body from collar: figures 1-4).
In regard to claim 24, Gerber teaches further comprising a drawstring cannel coincident or substantially coincident with the bottom side of the first panel (drawstring: 20 in figure 2 extending downward from flap).
In regard to claim 25, Gerber teaches wherein the gown comprises a first length and a bottom seam establishing an alternative length (first length at waist and alternative length at bottom seam: figures 1 and 2).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gerber (US 1,998,051) in view of Nwawka (US 2006/0031976).
Gerber teaches a gown as described above in claim 1. Further, Gerber teaches the first fastening system including ties (ties/tapes: 20). However, Gerber fails to teach the first fastening portion comprises at least one of: magnets; zippers; hook and loop; or snap buttons.
In regard to claim 5, Nwawka teaches a gown with flaps; wherein the flaps have a fastening portion; wherein a first fastening portion comprises at least one of: magnets; zippers; hook and loop; or snap buttons (paragraph 0029).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the fastening portion of Gerber as zippers; hook and loop; or snap buttons as taught by Nwawka, since the fastening portion of Gerber being zippers, hook and loop fasteners or snap buttons would provide a fastening portion that is quick to open and close, while remaining securely fastened when needed.
Claim(s) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gerber (US 1,998,051) in view of Thomas (US 11,766,081).
Gerber teaches a gown as described above in claim 1. However, Gerber fails to teach further comprising pants with panel openings.
In regard to claim 10, Thomas teaches further comprising: pants configured to cover a lower body of the user (figures 6A-6C and 7A-7C), the pants comprising: a waist portion (see waist of pants in figures 6A-6C and 7A-7C); leg portions extending from the waist portion (see leg portions of pants in figures 6A-6C and 7A-7C); a third panel integrated the pants (see slit/openings with fasteners: in figure 2B, column 18, lines 64-68); and a third fastening portion configured to selectively attach or detach the third panel to the pants to selectively expose a first target area of the lower body of the user (see fastening portion of figure 2B, 3ii and figures 7A-7C).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the gown of Gerber to be provided also with a pant garments with openings as taught by Thomas, since the gown of Gerber provided with a pant garment would provide a garment system to allow for coverage and access to a user during medical treatments/exams.
In regard to claim 11, Thomas teaches wherein the pants further comprise: a fourth panel integrated the pants (see other openings in pants garment: figures 6A-6C and 7A-7C, fastener/panel: 3i in figure 2B, column 18, lines 61-68); and a fourth fastening portion configured to selectively attach or detach the fourth panel to the pants to selectively expose a second target area of the lower body of the user (figures 7A-7C and fastener 3ii, column 18, lines 61-68).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the gown of Gerber to be provided also with a pant garment with openings as taught by Thomas, since the gown of Gerber provided with a pant garment would provide a garment system to allow for coverage and access to a user during medical treatments/exams.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T 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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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732
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