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 September 29, 2025 is acknowledged. In the reply, Applicant indicated claims 1-17 as reading upon the elected invention. Accordingly, claims 1-20 are currently pending in this application with claims 18-20 being withdrawn from further consideration. An action on the merits follows.
Drawings
The drawings are objected to because Fig. 2 appears to show an improper exploded view. The exploded view should include a bracket or line to show the relationship or order of assembly of various parts.
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.
Specification – Abstract
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because of the following informalities:
At line 1, “An embodiment provides a reversible garment belt, the reversible garment belt including:” should instead read “A reversible garment belt includes”
At line 10, “Other aspects are claimed and described” should be removed from the abstract
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Specification – Disclosure
The disclosure is objected to because at [0049], “1” and 2” width, may be greater than 1/8” thick” should instead read “1 inch and 2 inches width, may be greater than 1/8 inch thick”.
Appropriate correction is required.
Claim Objections
Claim 12 is objected to because at line 2, “1” and 2”” should read “1 inch and 2 inches”.
Claim 17 is objected to because at line 2, “1” and 2”” should read “1 inch and 2 inches”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 1-17 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.
Claim 1 recites the limitation “the buckle comprises a reversing capability that allows […]” at lines 8-9. It is unclear if the limitation is attempting to recite a structural or functional limitation. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on the Applicant’s disclosure and the remainder of the claim, it is suggested that the limitation instead read “the buckle configured to be reversible and allow […]”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 3 recites the limitation “the front side of the first layer accepts an object” at lines 1-2. It is unclear if the limitation is attempting to improperly recite a method step limitation as part of the product claim. Furthermore, it is unclear if the limitation is attempting to positively recite the object or not. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “the front side of the first layer is configured to accept an object”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 11 recites the limitation “wherein characteristics of the reversible garment belt are customized for a wearer of the reversible garment belt” at lines 1-2. It is unclear if the limitation is attempting to recite a functional limitation or not. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “wherein the reversible garment belt is customizable for a wearer of the reversible garment belt”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 13 recites the limitation “the front side of the first layer accepts an object” at lines 5-6. It is unclear if the limitation is attempting to improperly recite a method step limitation as part of the product claim. Furthermore, it is unclear if the limitation is attempting to positively recite the object or not. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. It is suggested that the limitation instead read “the front side of the first layer is configured to accept an object”. For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claim 13 further recites the limitation “the belt buckle comprises a reversing capability that allows […] wherein the reversing capability comprises a pivot pin” at lines 13-15. It is unclear if the limitation is meant to be structural or functional. Furthermore, it is unclear how a “capability” can comprise a pivot pin. Therefore, the metes and bounds of the claim are unclear, and the claim is rendered indefinite. Based on Applicant’s disclosure, it is suggested that the limitation at lines 13-16 instead read “the belt buckle comprises a pivot pin configured to allow for the elongated belt strap to be reversed such that one of: the front side of the first layer and the front side of the second layer is outwardly facing, wherein at least a portion of the belt buckle is configured to pivot and rotate around the pivot pin.” For the purposes of examination, the limitation will be interpreted as best can be understood according to the suggested language above when applying prior art.
Claims 2-12 and 14-17 are also rejected for being dependent on a rejected claim.
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.
Claims 1-3, 6-9, and 11-12, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over FR 2,939,609 to Kumuchian (hereinafter, “Kumuchian”) in view of US 2013/0139300 to Laiken et al. (hereinafter, “Laiken”).
Regarding claim 1, Kumuchian teaches a reversible garment belt (See Kumuchian, Figs. 1-2; belt (1) is reversible; abstract), the reversible garment belt comprising: an elongated belt strap having two ends and two longitudinal edges (See Kumuchian, Figs. 1-2; has elongated main band (10) having two ends and two longitudinal edges), the elongated belt strap comprising: a first layer comprising a front side and a back side; and a second layer having a front side and a back side, wherein the back side of the second layer is attached to the back side of the first layer (See Kumuchian, Fig. 2; first layer (11) and second layer (12) each includes respective front and back sides; back sides of layers (11, 12) are attached to one another at an interior of main band (10)), wherein the second layer is made of a material different than a material of the first layer (See Kumuchian, Figs. 1-2; first layer (11) is made from hook and loop material; second layer (12) is made from leather; abstract); and a buckle attached to one of the two ends of the elongated belt strap (See Kumuchian, Fig. 1; buckle (15) attached to one end of main band (10)).
That said, although Kumuchian teaches a reversible belt with a buckle, Kumuchian is silent with respect to details of the buckle and is silent to wherein the buckle comprises a reversing capability that allows for the elongated belt strap to be reversed such that one of: the front side of the first layer and the front side of the second layer is outwardly facing.
However, Laiken, in a related reversible belt art, is directed to a reversible garment belt with a rotatable belt buckle (See Laiken, Figs. 3-8; abstract). More specifically, Laiken teaches wherein the buckle comprises a reversing capability that allows for the elongated belt strap to be reversed such that one of: the front side of the first layer and the front side of the second layer is outwardly facing (See Laiken, Figs. 3-8; buckle (314) is capable of rotating and reversing to allow for either side of strap (300) to face outwardly; [0030]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to replace the buckle of Kumuchian with the reversible buckle and buckle mechanism disclosed by Laiken for a variety of reasons including for example, but not limited to, facilitating reversal of the reversible belt while maintaining a buckle in a usable and aesthetically pleasing position (See Laiken, [0009], [0030]).
Regarding claim 2, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches wherein the material of the first layer comprises one part of a hook and loop fastener (See Kumuchian, Figs. 1-2; first layer (11) includes hook and loop material; page 2, last paragraph).
Regarding claim 3, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claims 1-2 above) further teaches wherein the front side of the first layer accepts an object comprising the other part of the hook and loop fastener (See Kumuchian, Figs. 1-2; first layer (11) is capable of accepting a hypothetical object comprising hook or loop material; page 2, last paragraph).
Regarding claim 6, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches wherein the material of the second layer comprises leather (See Kumuchian, Figs. 1-2; second layer (12) can be made of leather; page 3, first paragraph).
Regarding claim 7, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches a keeper to hold a tongue of the elongated belt strap that extends past the buckle when the reversible garment belt is worn (See Laiken, Figs. 3-8; keeper (312) of buckle (314) is capable of holding a tongue of the belt when worn).
Regarding claim 8, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches wherein the other of the two ends of the elongated belt strap is shaped via cutting the other of the two ends (See Laiken, Figs. 3-8; end of belt opposite buckle (314) is capable of being shaped by cutting; Examiner notes that being “shaped via cutting” is a product-by-process limitation; the resulting structure of the prior art, i.e., a shaped belt end, meets the structural requirements of the claim limitation).
Regarding claim 9, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches wherein the buckle is attached to the one of the two ends utilizing screws that screw through a portion of the buckle into the elongated belt strap (See Laiken, Figs. 3-8; buckle (314) is attached to belt strap via screws (404A, 404B) in the modified reversible garment belt of Kumuchian).
Regarding claim 11, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) further teaches wherein characteristics of the reversible garment belt are customized for a wearer of the reversible garment belt (the modified reversible garment belt of Kumuchian as discussed above is capable of being customized for a hypothetical wearer).
Regarding claim 12, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) is silent to wherein a width of the elongated belt strap is between 1” and 2”.
However, Laiken further teaches wherein a width of the elongated belt strap is between 1” and 2” (See Laiken, Fig. 4; belt strap width is 30mm, i.e., ~1.18 inches; [0025]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the belt strap width of the modified reversible garment belt of Kumuchian to have the width disclosed by Laiken for a variety of reasons including for example, but not limited to, providing a size that would general fit a wide variety of pants sizes and/or styles as aesthetically desired by a wearer, and further since a change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A).
Claims 4-5 and 13-17, as best can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Kumuchian in view of Laiken (as applied to claim 1 above with respect to claim 4), and further in view of USPN 2,009,325 to Sachs (hereinafter, “Sachs”).
Regarding claim 4, although the layers of the belt of Kumuchian are attached to one another, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) is silent to wherein the second layer is attached to the first layer utilizing stitching passing through the first layer and the second layer.
However, Sachs, in a related reversible belt art, is directed to a reversible belt (See Sachs, Figs. 1-7). More specifically, Sachs teaches wherein the second layer is attached to the first layer utilizing stitching passing through the first layer and the second layer (See Sachs, Figs. 4-5; stitches (8) pass through all layers of belt to attach layers together along with adhesive; Col. 2, lines 6-9).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to use the stitching and adhesive disclosed by Sachs to attach the layers of the modified reversible garment belt of Kumuchian together for a variety of reasons including for example, but not limited to, securely attaching the layers of the belt together while also providing an aesthetic appearance of stitching as desired by a wearer.
Regarding claim 5, although the layers of the belt of Kumuchian are attached to one another, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) is silent to wherein the second layer is attached to the first layer utilizing an adhesive between the back side of the first layer and the back side of the second layer.
However, Sachs, in a related reversible belt art, is directed to a reversible belt (See Sachs, Figs. 1-7). More specifically, Sachs teaches wherein the second layer is attached to the first layer utilizing an adhesive between the back side of the first layer and the back side of the second layer (See Sachs, Figs. 4-5; layers of belt are attached together by adhesive along with stitches (8); Col. 2, lines 6-9).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to use the adhesive and stitching disclosed by Sachs to attach the layers of the modified reversible garment belt of Kumuchian together for a variety of reasons including for example, but not limited to, securely attaching the layers of the belt together while also providing an aesthetic appearance of stitching as desired by a wearer.
Regarding claim 13, Kumuchian teaches a reversible garment belt (See Kumuchian, Figs. 1-2; belt (1) is reversible; abstract), the reversible garment belt comprising: an elongated belt strap having two ends and two longitudinal edges (See Kumuchian, Figs. 1-2; has elongated main band (10) having two ends and two longitudinal edges), the elongated belt strap comprising: a first layer comprising a front side and a back side and made of a first material comprising one part of a hook and loop fastener, wherein the front side of the first layer accepts an object comprising the other part of the hook and loop fastener (See Kumuchian, Fig. 2; first layer (11) has front and back sides; first layer (11) includes hook and loop material; first layer (11) is capable of accepting a hypothetical object comprising hook or loop material; page 2, last paragraph); and a second layer having a front side and a back side, wherein the back side of the second layer is attached to the back side of the first layer (See Kumuchian, Fig. 2; second layer (12) has front and back sides; back sides of layers (11, 12) are attached to one another at an interior of main band (10)), wherein the second layer is made of a material different than the hook and loop fastener (See Kumuchian, Figs. 1-2; second layer (12) can be made of leather; page 3, first paragraph; abstract); and a belt buckle attached to one of the two ends of the elongated belt strap (See Kumuchian, Fig. 1; buckle (15) attached to one end of main band (10)).
That said, although Kumuchian teaches a reversible belt with a buckle, Kumuchian is silent with respect to details of the buckle and is silent to wherein the belt buckle comprises a reversing capability that allows for the elongated belt strap to be reversed such that one of: the front side of the first layer and the front side of the second layer is outwardly facing, wherein the reversing capability comprises a pivot pin wherein at least a portion of the belt buckle pivots and rotates around the pivot pin.
However, Laiken, in a related reversible belt art, is directed to a reversible garment belt with a rotatable belt buckle (See Laiken, Figs. 3-8; abstract). More specifically, Laiken teaches wherein the belt buckle comprises a reversing capability that allows for the elongated belt strap to be reversed such that one of: the front side of the first layer and the front side of the second layer is outwardly facing (See Laiken, Figs. 3-8; buckle (314) is capable of rotating and reversing to allow for either side of strap (300) to face outwardly; [0030]), wherein the reversing capability comprises a pivot pin wherein at least a portion of the belt buckle pivots and rotates around the pivot pin (See Laiken, Figs. 3-8; buckle (314) includes pin (606) around which a portion of buckle (314) is capable of pivoting and rotating; [0030]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to replace the buckle of Kumuchian with the reversible buckle and buckle mechanism disclosed by Laiken for a variety of reasons including for example, but not limited to, facilitating reversal of the reversible belt while maintaining a buckle in a usable and aesthetically pleasing position (See Laiken, [0009], [0030]).
That said, although the layers of the belt of Kumuchian are attached to one another, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 13 above) is silent to the first and second layers being attached via stitching passing through both the first layer and the second layer.
However, Sachs, in a related reversible belt art, is directed to a reversible belt (See Sachs, Figs. 1-7). More specifically, Sachs teaches the first and second layers being attached via stitching passing through both the first layer and the second layer (See Sachs, Figs. 4-5; stitches (8) pass through all layers of belt to attach layers together along with adhesive; Col. 2, lines 6-9).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to use the stitching and adhesive disclosed by Sachs to attach the layers of the modified reversible garment belt of Kumuchian together for a variety of reasons including for example, but not limited to, securely attaching the layers of the belt together while also providing an aesthetic appearance of stitching as desired by a wearer.
Regarding claim 14, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken and Sachs, as discussed with respect to claim 13 above) further teaches wherein the material of the second layer comprises leather (See Kumuchian, Figs. 1-2; second layer (12) can be made of leather; page 3, first paragraph; abstract).
Regarding claim 15, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken and Sachs, as discussed with respect to claim 13 above) further teaches wherein the back side of the second layer is attached to the back side of the first layer further using adhesive between the back side of the first layer and the back side of the second layer (See Sachs, Figs. 4-5; layers of belt are attached together by adhesive along with stitches (8) in the modified reversible garment belt of Kumuchian as discussed above; Col. 2, lines 6-9).
Regarding claim 16, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken and Sachs, as discussed with respect to claim 13 above) further teaches a keeper to hold a tongue of the elongated belt strap that extends past the buckle when the reversible garment belt is worn (See Laiken, Figs. 3-8; keeper (312) of buckle (314) is capable of holding a tongue of the belt when worn).
Regarding claim 17, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken and Sachs, as discussed with respect to claim 13 above) is silent to wherein a width of the elongated belt strap is between 1” and 2”.
However, Laiken further teaches wherein a width of the elongated belt strap is between 1” and 2” (See Laiken, Fig. 4; belt strap width is 30mm, i.e., ~1.18 inches; [0025]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to form the belt strap width of the modified reversible garment belt of Kumuchian to have the width disclosed by Laiken for a variety of reasons including for example, but not limited to, providing a size that would general fit a wide variety of pants sizes and/or styles as aesthetically desired by a wearer, and further since a change in size is generally recognized as being within the level of ordinary skill in the art. See MPEP 2144.04(IV)(A).
Claim 10, as best can be understood, is rejected under 35 U.S.C. 103 as being unpatentable over Kumuchian in view of Laiken, as applied to claim 1 above, and further in view of USPN 2021/0093030 to Daniel (hereinafter, “Daniel”).
Regarding claim 10, the modified reversible garment belt of Kumuchian (i.e., Kumuchian in view of Laiken, as discussed with respect to claim 1 above) is silent to wherein at least the front side of the second layer is sealed using a sealant.
However, Daniel, in a related garment belt art, is directed to a smart belt positionable around a user’s waist (See Daniel, Fig. 2; abstract). More specifically, Daniel teaches wherein at least the front side of the second layer is sealed using a sealant (See Daniel, Fig. 2; belt strap can include additional film layer of water-resistant/repelling material such as a polymer which acts as a sealant; [0048]).
It would have been obvious for one of ordinary skill in the art at the time of the effective filing date of the invention to include the additional water-resistant film layer disclosed by Daniel on the outer surface of the modified reversible garment belt of Kumuchian in order to impart water repelling and water-resistant properties to the modified belt (See Daniel, [0048]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. US 2014/0259545 to King; US 2020/0128923 to Shabot et al.; US 2014/0259300 to Iosilevich et al.; US 2007/0057003 to Keyes; and USPN 1,292,042 to Phillips are each directed to reversible and/or multi-material garment belts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW R MARCHEWKA whose telephone number is (571) 272-4038. The examiner can normally be reached M-F: 9:00AM-5:00PM EST.
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/MATTHEW R MARCHEWKA/Examiner, Art Unit 3732