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 in response to amendments received on 09/17/26. Claims 1, 4 and 5 have been amended and claim 21 was newly added. Claims 1, 4-7 and 9-21 are amended 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 needs to be provided for “a height of the collar at each of the first inside corner and the second inside corner is at least equal to the maximum height of the front portion” as amended into claim 1 and “each of the first transition and the second transition is formed by a single linear ledge portion of the second free edge of the collar that extends form a respective one of the first inside corner and the second inside corner to a respective one of the first collar point and the second collar point and directly connects the second free edge of the free portion of the collar to the second free edge of the front portion of the collar” as provided in new claim 21.
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, 4, 9-10 and 14-18 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Nirenberg (US 2,255,362).
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In regard to claim 17, Nirenberg teaches a tactical shirt, comprising: a body having a neck opening (see neck openings in figures 1 and 2); a collar that surrounds the neck opening (see collar 22 and 23, 23), the collar defining a height between a first connected edge located at the neck opening and a second free edge opposite the first connected edge (see collar height of 22 and 23, 23 from attached end to free end), the collar comprising: a front portion; a rear portion, a first transition between the front portion and the rear portion on a first side of the collar (see annotated figure above); and a second transition between the front portion and the rear portion on a second side of the collar (see annotated figure above); wherein the second free edge of the collar defines a first collar point and a first inside corner at the first transition and a second collar point and a second inside corner at the second transition (see annotated figure above), wherein each of the first collar point, the first inside corner (see annotated figure above), the second collar point (see annotated figure above), and the second inside corner define a sharp transition between adjacent portions of the second free edge of the collar (see annotated figure above), wherein the rear portion (22) is configured to be foldable along a notional circumferential fold line extending between the first inside corner and the second inside corner from a standing orientation to a folded orientation of the collar (see figure 1); and wherein the collar is confiture to be wearable in each of the standing orientation and the folded orientation (capable of upstanding collar in figure 1 as desired), where in in the folded orientation of the collar, a lateral distance measured as a straight line extending between the first collar point and the second collar point defines a maximum lateral dimension across the collar (see figure 1), which is measured as a linear dimension extending in a direction coincident with or parallel to the straight line (see annotated figure 1 above); wherein, in a standing orientation of the collar, the lateral distance between the first collar point and the second collar point is at least 50 percent of a maximum width of the collar, which is measured as a linear dimension extending in a direction coincident with or parallel to the straight line (see maximum distance between collar points in annotated figure 1 above vs, the height of the collar 22, 23, which is at least 50%).
In regard to claim 18, Nirenberg teaches wherein the neck opening defines a fixed circumference (see figure 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) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nirenberg (US 2,255,362).
In regard to claim 19, Nirenberg teaches the lateral distance between the collar points (see annotated figure 1 above). However, Nirenberg fails to specifically teach wherein the lateral distance is at least 4 inches.
It would have been obvious before the effective filing date to one having ordinary skill in the art and through routine experimentation to have provided the dimensions of the lateral distance to be at least four inches, since the claimed relative dimensions of the device would not perform differently than the prior art device to Nirenberg and therefore is not patentably distinct from the prior art device (see MPEP 2144.04 IV A). The lateral distance to be at least four inches would not destroy the garment design of Nirenberg and would be a dimension that would fit some user’s body size and proportions.
Allowable Subject Matter
Claims 1, 4-7, 9-16 and 21 are allowed.
Claim 20 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 09/17/26 have been fully considered but they are not persuasive.
Applicant remarks that Claim 17 requires that, in the standing orientation, the lateral distance between the first collar point and the second collar point is at least 50 percent of the maximum width of the collar. Furthermore, the Office Action does not explain what the Office believes Nirenberg's collar would look like in the standing orientation or explain any basis for the conclusion that it would meet the limitations of Claim 17 in the standing orientation that is not illustrated. Furthermore, Applicant submits that even if one were to consider what Nirenberg's collar would look like in an upright or standing condition, the geometry of Nirenberg's collar would not satisfy the limitation of Claim 17. Nirenberg's front portions (23) are designed to overlap one another and be fastened together by button 25 in the closed configuration shown in Figure 2. The front portions (23) are narrow and overlap at the front center of the collar. If Nirenberg's collar were hypothetically flipped to a standing, upright orientation, it appears that the overlapping front portions (23) would result in the collar points being positioned in close proximity to one another, touching, or even overlapping - such that the distance between the first collar point and the second collar point would be well less than 50 percent of the maximum width of the collar, and potentially zero or close to zero.
Nirenberg teaches the collar structure in a standing orientation (standing orientation is that of figure 1 of figure 5), the lateral distance between the first collar point and the second collar point would be at least 50 percent of a maximum width of the collar (lateral distance between collar point in figures 1 or 5 is at least 50% of the maximum width of the collar 22 or 23). The standing orientation is illustrated in both figures 1 or 5 and the distances of the lateral distance vs. the width of the collar are illustrated in figure 1. The overlapping of the collar points is not used in the rejection of claim 17, therefore the argument is moot.
Applicant remarks that Claim 18 is independently allowable over Nirenberg on its own merits. Claim 18 requires that the neck opening defines a fixed circumference, meaning that there is no slit extending from the neck opening that can be opened or closed with a button or a zipper. As shown by comparing Figures 1 and 2 of Nirenberg, the neck opening of Nirenberg's shirt is not fixed -- rather, it is adjustable by means of button 25 and buttonhole 24, which allow the front portions (23) of the collar to be drawn together and fastened in the closed configuration of Figure 2, or left open in the sport configuration of Figure 1. This button and buttonhole closure is precisely the type of adjustable circumference neck opening that is distinguished from the claimed fixed circumference neck opening.
The neck opening of Nirenberg has a fixed circumference (see figure 1). The mere fact that there is a button and buttonhole along the fixed circumference does not negate that the garment opening forming the neck opening is a fixed circumference opening as illustrated in figure 1.
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
