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
An amendment was received on 05/13/26, Claims 1-5 and 11-15 have been amended. Claims 1-19 are examined herein.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, all the insulating members of claims 9 and 18 having a different shape and thickness must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Applicant remarks that they do not need to illustrate this, since it is obvious based upon the disclosure how the insulating members are a different shape and thickness.
While it is shown and obvious from the disclosure how the insulating members can have different shapes and thicknesses along the garment, what is not obvious, is how every single insulating member has a different shape and thickness, a drawing is needed to understand how many insulating members this would include and how one would do all the different shapes and thickness along the entire garment. The disclosure covers many different embodiments of insulating cell patterns and arrangements, the arrangement wherein all the cells have a different shape and thickness has not been illustrated.
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) 1-5 and 7-14 and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vaughn et al. (US 2021/0392980).
In regard to claim 1, Vaughn et al. teaches an article of clothing in Embodiments 6-8 comprising: a body member having a base material (base member: paragraph 0054); and a plurality of insulating members on said base material (see figures 6-8 and paragraph 0047), said insulating members each having a thickness and being spaced a distance from each other (insulating members/135A, 135B and 135C: figures 6-8); wherein distances between said insulating members in an upper area on said base material are different from distances between said insulating members in a lower area on said base member (see figures 6-8, distances between the members in the upper half are different from distances between members in the lower half between the vertical columns funning along the garment’s length).
In regard to claim 2, Vaughn et al. teaches wherein said insulating members (135, 160, 165) on said upper area are different from said insulating members on said lower area (paragraphs 0047-0048 and figures 6A-6B).
In regard to claim 3, Vaughn et al. teaches wherein said insulating members on said upper area have a first size and said insulating members on said lower area have a second size (see upper of insulating members 160, 135 and 165), wherein said first size and said second size are different (see different sizes in upper vs. lower portion of cells in figures 6A-6B).
In regard to claim 4, Vaughn et al. teaches wherein said insulating members on said upper area are spaced a first distance from each other and said insulating members on said lower area are spaced a second distance from each other (see figures 6A-6B and paragraph 0049), and wherein said first distance and said second distance are different (figures 6A-6B and paragraph 0049).
In regard to claim 5, Vaughn et al. teaches wherein said insulating members on said first area are spaced a first distance from each other and said insulating members on said lower area are spaced a second distance from each other (see figures 6A-6B and paragraph 0049), and wherein said first distance and said second distance are different (see figures 6A-6B and paragraph 0049).
In regard to claim 7, Vaughn et al. teaches wherein said insulating members each have a shape and thickness (see figures 6A-6C and 7A-7C, paragraph 0047 and paragraph 0050), wherein said shape and thickness of each of insulating members is the same (see thickness and shape is the same in some of the members figures 7A-7C and 6A-6C and paragraphs 0047 and 0051).
In regard to claim 8, Vaughn et al. teaches wherein said insulating members each have a shape and thickness (see figures 6A-6C and 7A-7C, paragraph 0047 and paragraph 0050), and said shape and thickness of a plurality of said insulating members is the same (see thickness and shape is the same in some of the members figures 7A-7C and 6A-6C and paragraphs 0047 and 0051).
In regard to claim 9, Vaughn et al. teaches wherein said insulating members each have a shape and thickness (figures 6-8, paragraphs 0047-0048), and said shape and thickness of all of said insulating members are different (figures 6-8, paragraphs 0047-0048, 0050 and 0051).
In regard to claim 10, Vaughn et al. teaches wherein said insulating members each have one of a circular shape or a polygonal shape (see figures polygonal shape: see figures 1-3 or 6-8).
In regard to claim 11, Vaughn et al. teaches an article of clothing in Embodiment Figures 6-8 comprising: a body member having a base material (figures 6-8, paragraph 0054), said base material having a thickness (base material of vest has a thickness); and a plurality of insulating members on said base material (paragraph 0047-0048), said insulating members each having a common shape and being spaced a distance from each other (see figures 6A-8 and paragraphs 0047-0049, common shape is polygon); and wherein distances between said insulating members in an upper area on said base material are different from distances between said insulating members in a lower area on said base member (see figures 6-8, distances between the members in the upper half are different from distances between members in the lower half between the vertical columns funning along the garment’s length).
In regard to claim 12, Vaughn et al. teaches wherein said insulating members on said upper area have a first size and said insulating members on said lower area have a second size (cells: 135, 160, 165), wherein said first size and said second size are different (Figures 6-7 and paragraphs 0047-0048).
In regard to claim 13, Vaughn et al. teaches wherein insulating member on said upper area are spaced a first distance from each other and said said insulating members on said lower area are spaced a second distance from each other (see figures 6-8, cells: 135, 160, 165), and wherein said first distance and said second distance are different (figures 6 and 7 and paragraph 0049).
In regard to claim 14, Vaughn et al. teaches wherein said insulating members on said first area are spaced a first distance from each other and said insulating members on said lower area are spaced a second distance from each other (see figures 6A-6C, cells: 135, 160, 165), and wherein said first distance and said second distance are different (paragraph 0049).
In regard to claim 16, Vaughn et al. teaches wherein said insulating members each have a shape and thickness (see figures 6A-6C and 7A-7C, paragraph 0047 and paragraph 0050), wherein said shape and thickness of each of insulating members is the same (see thickness and shape is the same in some of the members figures 7A-7C and 6A-6C and paragraphs 0047 and 0051).
In regard to claim 17, Vaughn et al. teaches wherein said insulating members each have a shape and thickness (see figures 6A-6C and 7A-7C, paragraph 0047 and paragraph 0050), and said shape and thickness of a plurality of said insulating members is the same (see thickness and shape is the same in some of the members figures 7A-7C and 6A-6C and paragraphs 0047 and 0051).
In regard to claim 18, Vaughn et al. teaches wherein said insulating members each have a shape and thickness, and said shape and thickness of all of said insulating members are different (figures 6-8, paragraphs 0047-0048).
In regard to claim 19, Vaughn et al. teaches wherein said insulating members each have one of a circular shape or a polygonal shape (see figures 1-3 and 6-8, polygonal shape).
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) 6 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vaughn et al. (US 2021/0392980) in view of Fowler (US 10,159,290).
Vaughn et al. teaches a base material and an upper area and a lower area (see figure 6-8). However, Vaughn et al. fails to teach the base material having a first thickness in said upper area of said body member and a second thickness in said lower area of said body member, and wherein said first thickness and said second thickness are different.
In regard to claim 6, Fowler et al. teaches a garment with a base material (base material 104 and insulation panel 116), wherein the base material has a first thickness in said upper area of said body member (combined 104 and 116 thickness) and a second thickness in said lower area of said body member (thickness of just 104), and wherein said first thickness and said second thickness are different (figures 2A, 2B and 2C, vest: 104 base layer thickness vs. thickness of base 104 and insulative panel 116 of fleece: column 2, lines 41-45 and column 5, lines 41-55).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the vest of Vaughn et al. with the different thickness of material in the upper and lower sections as taught by Fowler et al., since the vest of Vaughn et al. provided with the upper section having an increased thickness due to the fleece inner insulation panel and outer layer vs. the lower portion of the vest being just the outer layer provides a vest garment that allows for greater insulation along the upper portion and of the garment the less insulation along the lower portion of the garment keeping a wearer warm but allowing for freedom of movement (column 1, lines 22-30 of Fowler et al.).
In regard to claim 15, Fowler et al. teaches wherein said body member has an upper area and a lower area (see figures 2A, 2B and 2C), said base material has a first thickness in said upper area of said body member (first thickness is of 104 and 116) and a second thickness in said lower area of said body member (second thickness of just 104), and wherein said first thickness and said second thickness are different (figures 2A, 2B and 2C, vest: 104 base layer thickness vs. thickness of base 104 and insulative panel 116 of fleece: column 2, lines 41-45 and column 5, lines 41-55).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the vest of Vaughn et al. with the different thickness of material in the upper and lower sections as taught by Fowler et al., since the vest of Vaughn et al. provided with the upper section having an increased thickness due to the fleece inner insulation panel and outer layer vs. the lower portion of the vest being just the outer layer provides a vest garment that allows for greater insulation along the upper portion and of the garment the less insulation along the lower portion of the garment keeping a wearer warm but allowing for freedom of movement (column 1, lines 22-30 of Fowler et al.).
Response to Arguments
Applicant's arguments filed 05/13/26 have been fully considered but they are not persuasive. Applicant remarks that Vaughn et al. (US 2021/0392980) fails to teach the limitations as amended into independent claims 1 and 11 detailing that the distances between the warming cells are not different.
Vaughn et al. teaches the distances between the plurality of cells being different in the upper and lower portion of the garment as detailed above in office action.
Conclusion
THIS ACTION IS MADE FINAL. 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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