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 .
Election/Restrictions
Applicant’s election without traverse of invention I in the reply filed on 03/03/26 is acknowledged.
Applicant's election with traverse of species A), a), 1) and 1) in the reply filed on 03/03/26 is acknowledged. The traversal is on the ground(s) that there is no search burden to examine all species. This is not found persuasive because the different species/embodiments of the invention as illustrated and detailed in the specification have different garment structures that require different prior art to reject and different searches. The many different opening locations on the pants, shirt-length gowns, and long gowns are garment structures and therefore distinct.
The requirement is still deemed proper and is therefore made FINAL.
Applicant provided a listing of claims that read on the elected inventions and species. However, it is noted that claims 1-2 and 4-11 read on the elected species. Claim 3 is directed to withdrawn Figures 12A and/or Figures 20A-20C and is therefore withdrawn. Claim 4 is directed to Figures 1-2D and therefore being examined herein. Claim 9 is directed to sleeve openings that are provided in elected Figures 1-2D and therefore being examined herein. Claim 12 is directed to Figures 14C-14F detailing a mesh pouch insert in the pants, not figures 2A-2D, and is therefore withdrawn from consideration at this time. Claims 13 and 14 are directed to non-elected Figures 13A and 13B detailing an off center seam and therefore withdrawn from considerations at this time.
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.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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.
Claim(s) 1-2 and 4-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomas (US 2021/0022419).
In regard to claim 1, Thomas teaches a garment system (figures 1A-1C and 6A-6C) comprising: a gown (figures 1A-1C and 3A-3C) comprising: a body portion configured to cover a torso of a user (shirt: 10 and column 9, lines 37-48); a first panel integrated into a first portion of the gown (panel/fastener: 3i, figure 2B, column 18, lines 64-68); 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 (panel: fastener: 3ii, see figure 2B and figures 3A-3C).
In regard to claim 2, Thomas teaches wherein the first panel is integrated into a front portion or a back portion of the gown (see figures 3A and 3C).
In regard to claim 4, Thomas teaches wherein the first panel comprises a square profile (see figure 2B, square profile 3i).
In regard to claim 5, Thomas teaches wherein the first fastening portion comprises at least one of: magnets; zippers; hook and loop; or snap buttons (see figures 2B, column 18, lines 64-68).
In regard to claim 6, Thomas 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 1A-1C and 3A-3C with target area being shoulder, chest or abdomen).
In regard to claim 7, Thomas teaches wherein the gown further comprises a second panel integrated into a second portion of the gown (see other openings with fastener: column 18, lines 64-68 in figures 1A-1C and 3A-3C).
In regard to claim 8, Thomas 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 (see other openings with fastener: column 18, lines 64-68 in figures 1A-1C and 3A-3C).
In regard to claim 9, Thomas teaches wherein the gown further comprises openable slits disposed in a sleeve portion of the gown (see figure 3A, arm slit/opening: 2a).
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).
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).
Claim(s) 1-2 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Piraka (US 7,181,773).
In regard to claim 1, Piraka teaches a garment system comprising: a gown (see figure 4) comprising: a body portion configured to cover a torso of a user (see figure 4); a first panel integrated into a first portion of the gown (panel: 33, figure 4); 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 (fastening portion/snap fasteners: 20 and column 4, lines 7-11).
In regard to claim 2, Piraka teaches wherein the first panel is integrated into a front portion or a back portion of the gown (see figure 4, front of gown with first panel: 33).
In regard to claim 4, Piraka teaches wherein the first panel comprises a square profile (see panel: 33 is a square, figure 4).
In regard to claim 5, Piraka teaches wherein the first fastening portion comprises at least one of: magnets; zippers; hook and loop; or snap buttons (snap fasteners: 20).
In regard to claim 6, Piraka 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 figure 4 and column 4, lines 7-11, abdomen).
In regard to claim 7, Piraka teaches wherein the gown further comprises a second panel integrated into a second portion of the gown (panel: 14 above panel 33 in figures 1 and 4).
In regard to claim 8, Piraka 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 (fastening portions: 20 snap fasteners, column 3, lines 21-32).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found cited in PTO-892 form submitted herewith. The cited prior art to Carter et al. (US 2021/0022419) is of particular relevance to the claimed invention.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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
Prosecution Insights