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 .
Drawings
The drawings are objected to because the drawings contain written text, which needs to be removed from the drawings next to the identifiers in Figures 1-16, 17, 18A-18C and 19A. 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
The use of the term GORTEX®, NANOTEX® and AQUAPEL® in paragraphs 0064, 0067 and 0069, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term entire word should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8, 12, 13, 14 and 17 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Johnson (US 2025/0031785).
In regard to claim 8, Johnson teaches a modular garment, comprising: an upper garment comprising: a body fastening with a first set of vertical fasteners a first vertical opening (vertical opening: 112), the first vertical opening extending from a neck opening to a waist opening of the upper garment (see figures 1 and 2, opening 112), a right arm sleeve coupled to the body (see right arm sleeve), a left arm sleeve coupled to the body (see left arm sleeve), and a first set of horizontal fasteners circumferentially coupled around the waist opening of the upper garment (114), a lower garment comprising: a suspension element (elastic drawstring waistband: paragraph 0031), a right pant leg and a left pant leg attached at a waist comprising a waist opening of the lower garment (see figures 1 and 2), a second vertical opening (zipper: 132), the second vertical opening extending downward from the waist opening and fastened with a second set of fasteners (see figures 1 and 2), wherein the second vertical opening is a fly down a crotch of the lower garment (see figures 1 and 2, zipper: 132), a second set of horizontal fasteners circumferentially coupled around the waist opening of the lower garment and configured to detachably couple to the first set of horizontal fasteners (zipper: 114, figures 1 and 2), wherein the first set of horizontal fasteners and the second set of horizontal fasteners form a horizontal fastener of the modular garment (see figure 2 and paragraph 0034), and wherein the first set of vertical fasteners and the second set of vertical fasteners form a vertical fastener of the modular garment (see figures 1 and 2, zippers 112 and 132).
In regard to claim 12, Johnson teaches wherein the suspension element comprising at least one of a belt loop, a drawstring, a waist reduction adjustor, an elastic waistband, and a shoulder suspender (elastic waistband drawstring: paragraph 0031).
In regard to claim 13, Johnson teaches wherein at least a portion of the right arm sleeve is removably coupled to the body through a third set of fasteners and at least a portion of the left arm sleeve removably coupled to the body through a fourth set of fasteners such that at least one of the right arm sleeve and the left arm sleeve are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033).
In regard to claim 14, Johnson teaches wherein at least a portion of the right pant leg is removable from the waist of the lower garment through a fourth set of fasteners and at least a portion of the left pant leg is removable from the waist of the lower garment through a fifth set of fasteners such that at least one of the right pant leg and the left pant leg are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
In regard to claim 17, Johnson teaches the method comprising: coupling an upper garment to a lower garment; wherein the upper body garment comprising: a body fastening with a first set of vertical fasteners a first vertical opening (vertical opening: 112), the first vertical opening extending from a neck opening to a waist opening of the upper garment (see figures 1 and 2, opening 112), a right arm sleeve coupled to the body (see right arm sleeve), a left arm sleeve coupled to the body (see left arm sleeve), and a first set of horizontal fasteners circumferentially coupled around the waist opening of the upper garment (114), a lower garment comprising: a suspension element (elastic drawstring waistband: paragraph 0031), a right pant leg and a left pant leg attached at a waist comprising a waist opening of the lower garment (see figures 1 and 2), a second vertical opening (zipper: 132), the second vertical opening extending downward from the waist opening and fastened with a second set of fasteners (see figures 1 and 2), wherein the second vertical opening is a fly down a crotch of the lower garment (see figures 1 and 2, zipper: 132), a second set of horizontal fasteners circumferentially coupled around the waist opening of the lower garment and configured to detachably couple to the first set of horizontal fasteners (zipper: 114, figures 1 and 2), wherein the first set of horizontal fasteners and the second set of horizontal fasteners form a horizontal fastener of the modular garment (see figure 2 and paragraph 0034), and wherein the first set of vertical fasteners and the second set of vertical fasteners form a vertical fastener of the modular garment (see figures 1 and 2, zippers 112 and 132).
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cuddy (US 1,611,420).
In regard to claim 1, Cuddy teaches a modular garment (figure 1), comprising: an upper garment (jacket: 1) comprising: a body fastening with a first set of vertical fasteners a first vertical opening (see button and buttonhole fasteners: 4 and 5), the first vertical opening extending from a neck opening to a waist opening of the upper garment (see figure 1), a right arm sleeve coupled to the body (see right arm sleeve), a left arm sleeve coupled to the body (see left arm sleeve), and a first set of horizontal fasteners circumferentially coupled around the waist opening of the upper garment (buttonholes 9: figures 1-4), a lower garment comprising: a right pant leg and a left pant leg attached at a waist comprising a waist opening of the lower garment (see right and left pant leg in figure 1), a second vertical opening (fly vertical opening in figures 1 and 3), the second vertical opening extending downward from the waist opening and fastened with a second set of fasteners (see fly fastener button and buttonhole in figures 1 and 3), wherein the second vertical opening is a fly down a crotch of the lower garment (see figures 1 and 3), a second set of horizontal fasteners circumferentially coupled around the waist opening of the lower garment and configured to detachably couple to the first set of horizontal fasteners (buttons: 10), wherein the first set of horizontal fasteners and the second set of horizontal fasteners form a horizontal fastener of the modular garment (ese figures 1-4, button and buttonholes 9 and 10), wherein the first set of vertical fasteners and the second set of vertical fasteners form a vertical fastener of the modular garment (see button and buttonhole fasteners 4 and5 of jacket 1 and trousers 2), and wherein the first set of vertical fasteners and the second set of vertical fasteners align when the first set of horizontal fasteners and the second set of horizontal fasteners are coupled, to enable a person wearing both the upper garment as a single-piece apparel (see figures 1) to: (i) separate the upper garment from the lower garment with a set of horizontal fasteners while leaving the set of vertical fasteners fastened (see figures 2 and 3, upper and lower vertical button and buttonhole fasteners are capable of being fastened when jacket and trouser are unattached), and (ii) unfasten the upper garment and the lower garment with a set of vertical fasteners while leaving the set of horizontal fasteners fastened (see figure 1).
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) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) in view of Johnson (US 2025/0031785).
Cuddy teaches a modular garment as described above in claim 1. However, Cuddy fails to teach the legs and arms being detachable from the garment and a suspension element on the lower garment.
In regard to claim 4, Johnson teaches wherein the suspension element comprises at least one of a belt loop, a drawstring, a waist reduction adjustor, an elastic waistband, and a shoulder suspender (elastic waistband drawstring: paragraph 0031).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular garment of Cuddy with the lower body suspension element as taught by Johnson, since the modular lower body trousers garment of Cuddy provided with a suspension element/elastic waistband would provide a lower body garment that can be adjusted to fit different waist sizes for a comfortable fit.
In regard to claim 5, Johnson teaches a modular garment with separate trousers and jacket (see figures 1 and 2); wherein at least a portion of the right arm sleeve is removably coupled to the body through a third set of fasteners and at least a portion of the left arm sleeve removably coupled to the body through a fourth set of fasteners such that at least one of the right arm sleeve and the left arm sleeve are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033), and wherein at least a portion of the right pant leg is removable from the waist of the lower garment through a fourth set of fasteners and at least a portion of the left pant leg is removable from the waist of the lower garment through a fifth set of fasteners such that at least one of the right pant leg and the left pant leg are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) in view of Muhr (US 2,243,365).
Cuddy teaches a modular garment as described above in claim 1. However, Cuddy fails to teach the horizontal fastener being a zipper and a gap between the zipper and the vertical fastener.
In regard to claim 2, Muhr teaches a modular garment with a separable upper and lower garment; wherein a set of horizontal fasteners comprise a zipper running at least 80% of a circumference of the waist opening of the upper garment and the lower garment (see figures 1 and 3, zipper: 3a, 4a), and wherein a gap between an initiation stop of the zipper and a termination stop of the zipper aligns with the set of vertical fasteners such that unfastening of the first set of vertical fasteners can continue to the second set of vertical fasteners without unzipping the zipper (see fap in figure 1 between zipper fastener and buttons on vertical openings).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have replaced the horizontal button fastener of Cuddy with the zipper fastener of Muhr having a gap between the vertical fasteners, since the horizontal fastener of Cuddy being replaced with a zipper fastener would provide a more secure and continuous attachment of the upper and lower garments together and the gap between the zipper aligned with the vertical fasteners would allow for operation of the vertical fasteners irrespective of the horizontal zipper fastener.
In regard to claim 3, Cuddy teaches wherein the set of vertical fasteners comprise at least one of a button, a magnet, a snap, a hook, a clasp, and a hook and loop surface (button: see figure 1, identifiers 4).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) in view of Kerson (US 2,849,716).
Cuddy fails to teach a stack fastener.
In regard to claim 6, Kerson teaches a modular garment with upper and lower separable garments (page 1, lines 15-17); wherein the modular garment is attached by vertical fasteners and a horizontal fasteners (see figures 1 and 3); wherein a stack fastener comprising one or more fasteners (button: 56) that overlappingly fasten at least three portions of material at a single point (see figures 1-4), the at least three portions of material selected from: (i) a first portion of material on one side of the first vertical opening of the upper garment (placket on vertical upper opening and hem portion 28 that continues to flap 32), (ii) a second portion of material on an opposite side of the first vertical opening of the upper garment, (iii) a third portion of material on one side of the second vertical opening of the lower garment (material 54 on lower torso garment), and (iv) a fourth portion of material on an opposite side of the second vertical opening of the lower garment (fly cover 52 connected to buttonhole 58), wherein the at least three portions of material alternate between the upper garment and the lower garment when overlappingly fastened at the single point by the stack fastener (See figures 2-4).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the vertical and horizontal openings of Cuddy with the stack fastener of Kerson, since the horizontal and vertical openings of the upper and lower body garment of Cuddy having an overlapping single attachment provides less fasteners at a single location to attach the placket components together for a secure and non-gaping attachment between the upper and lower garment when worn together as a single garment.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) in view of Kerson (US 2,849,716) and Johnson (US 2025/0031785).
Cuddy teaches a modular garment as described above in the rejection of claim 1.
In regard to claim 7, Cuddy teaches wherein a first placket cover of the upper garment is circumferentially attached to the waist opening of the upper garment and covers the set of horizontal fasteners such that at least one of a liquid and a material spilled on the upper garment sheds over the set of horizontal fasteners (flap: 11); wherein a second placket cover of the upper garment covers the first set of vertical fasteners (flap covering buttonholes: 5, page 1, lines 35-39); and wherein at least one of the upper garment and the lower garment is at least one of fire resistant, insulated, breathable, high visibility, UV resistant, insect-resistant, water-resistant, and waterproof (breathable: due to openings at cuffs, sleeves and neck).
However, Cuddy fails to teach the second placet cover detachably couples to a first placket cover of the lower garment covering the second set of vertical fasteners; and wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow.
Kerson teaches a modular garment wherein an upper body garment and a lower body garment are detachable (column 1, lines 15-17), wherein the vertical and horizontal fasteners comprise placket covers (figures 1-4), wherein the placket cover of the vertical fastener/second placket cover couples to a first placket cover of the lower garment covering the second set of vertical fasteners (see figures 1-4, vertical placket of upper garment with attached portion 32 attaches to a lower placket cover 52 via button hole 34 and button 56).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the upper body placket cover of Cuddy to fasten and attach to the lower placket cover of the lower body garment as taught by Kerson, since the upper body placket cover attached to the lower body placket cover would provide a vertical openings that are hidden from view and provide an additional attachment so as not to gape between the two vertical fasteners when the upper and lower body garments are worn as a single connected garment.
Johnson teaches a modular garment with separatable jacket and trousers (see figures 1 and 2); wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033 and figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
Claim(s) 8-9, 11, 13-14 and 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy U(US 1,611,420) in view of Johnson (US 2025/0031785).
In regard to claim 8, Cuddy teaches a modular garment (figure 1), comprising: an upper garment (jacket: 1) comprising: a body fastening with a first set of vertical fasteners a first vertical opening (see button and buttonhole fasteners: 4 and 5), the first vertical opening extending from a neck opening to a waist opening of the upper garment (see figure 1), a right arm sleeve coupled to the body (see right arm sleeve), a left arm sleeve coupled to the body (see left arm sleeve), and a first set of horizontal fasteners circumferentially coupled around the waist opening of the upper garment (buttonholes 9: figures 1-4), a lower garment comprising: a right pant leg and a left pant leg attached at a waist comprising a waist opening of the lower garment (see right and left pant leg in figure 1), a second vertical opening (fly vertical opening in figures 1 and 3), the second vertical opening extending downward from the waist opening and fastened with a second set of fasteners (see fly fastener button and buttonhole in figures 1 and 3), wherein the second vertical opening is a fly down a crotch of the lower garment (see figures 1 and 3), a second set of horizontal fasteners circumferentially coupled around the waist opening of the lower garment and configured to detachably couple to the first set of horizontal fasteners (buttons: 10), wherein the first set of horizontal fasteners and the second set of horizontal fasteners form a horizontal fastener of the modular garment (ese figures 1-4, button and buttonholes 9 and 10), wherein the first set of vertical fasteners and the second set of vertical fasteners form a vertical fastener of the modular garment (see button and buttonhole fasteners 4 and5 of jacket 1 and trousers 2).
However, Cuddy fails to teach a suspension element.
Johnson teaches a modular garment with separable trousers and jacket (see figures 1 and 2), wherein the trousers have a suspension element (elastic drawstring: paragraph 0031).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular garment of Cuddy with the lower body suspension element as taught by Johnson, since the modular lower body trousers garment of Cuddy provided with a suspension element/elastic waistband would provide a lower body garment that can be adjusted to fit different waist sizes for a comfortable fit.
In regard to claim 9, Cuddy teaches wherein the first set of vertical fasteners and the second set of vertical fasteners align when the first set of horizontal fasteners and the second set of horizontal fasteners are coupled, to enable a person wearing both the upper garment as a single-piece apparel (see figures 1) to: (i) separate the upper garment from the lower garment with a set of horizontal fasteners while leaving the set of vertical fasteners fastened (see figures 2 and 3, upper and lower vertical button and buttonhole fasteners are capable of being fastened when jacket and trouser are unattached), and (ii) unfasten the upper garment and the lower garment with a set of vertical fasteners while leaving the set of horizontal fasteners fastened (see figure 1).
In regard to claim 11, Cuddy teaches wherein the set of vertical fasteners comprise buttons (see figure 1 buttons 4).
In regard to claim 12, Cuddy fails to teach the suspension element in the lower garment.
Johnson teaches a modular garment with a suspension element in a lower garment comprising at least one of a belt loop, a drawstring, a waist reduction adjustor, an elastic waistband, and a shoulder suspender (elastic waistband drawstring: paragraph 0031).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular garment of Cuddy with the lower body suspension element as taught by Johnson, since the modular lower body trousers garment of Cuddy provided with a suspension element/elastic waistband would provide a lower body garment that can be adjusted to fit different waist sizes for a comfortable fit.
In regard to claim 13, Johnson teaches wherein at least a portion of the right arm sleeve is removably coupled to the body through a third set of fasteners and at least a portion of the left arm sleeve removably coupled to the body through a fourth set of fasteners such that at least one of the right arm sleeve and the left arm sleeve are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
In regard to claim 14, Johnson teaches wherein at least a portion of the right pant leg is removable from the waist of the lower garment through a fourth set of fasteners and at least a portion of the left pant leg is removable from the waist of the lower garment through a fifth set of fasteners such that at least one of the right pant leg and the left pant leg are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
In regard to claim 17, Cuddy teaches a method of coupling an upper garment to a lower garment (figures 1-4), the upper garment (jacket: 1) comprising: a body fastening with a first set of vertical fasteners a first vertical opening (see button and buttonhole fasteners: 4 and 5), the first vertical opening extending from a neck opening to a waist opening of the upper garment (see figure 1), a right arm sleeve coupled to the body (see right arm sleeve), a left arm sleeve coupled to the body (see left arm sleeve), and a first set of horizontal fasteners circumferentially coupled around the waist opening of the upper garment (buttonholes 9: figures 1-4), a lower garment comprising: a right pant leg and a left pant leg attached at a waist comprising a waist opening of the lower garment (see right and left pant leg in figure 1), a second vertical opening (fly vertical opening in figures 1 and 3), the second vertical opening extending downward from the waist opening and fastened with a second set of fasteners (see fly fastener button and buttonhole in figures 1 and 3), wherein the second vertical opening is a fly down a crotch of the lower garment (see figures 1 and 3), a second set of horizontal fasteners circumferentially coupled around the waist opening of the lower garment and configured to detachably couple to the first set of horizontal fasteners (buttons: 10), wherein the first set of horizontal fasteners and the second set of horizontal fasteners form a horizontal fastener of the modular garment (ese figures 1-4, button and buttonholes 9 and 10), wherein the first set of vertical fasteners and the second set of vertical fasteners form a vertical fastener of the modular garment (see button and buttonhole fasteners 4 and 5 of jacket 1 and trousers 2).
However, Cuddy fails to teach a suspension element.
Johnson teaches a modular garment with separable trouser and jacket (see figures 1 and 2), wherein the trouser have a suspension element (elastic drawstring: paragraph 0031).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular garment of Cuddy with the lower body suspension element as taught by Johnson, since the modular lower body trousers garment of Cuddy provided with a suspension element/elastic waistband would provide a lower body garment that can be adjusted to fit different waist sizes for a comfortable fit.
In regard to claim 18, Cuddy teaches wherein the first set of vertical fasteners and the second set of vertical fasteners align when the first set of horizontal fasteners and the second set of horizontal fasteners are coupled, to enable a person wearing both the upper garment as a single-piece apparel (see figures 1) to: (i) separate the upper garment from the lower garment with a set of horizontal fasteners while leaving the set of vertical fasteners fastened (see figures 2 and 3, upper and lower vertical button and buttonhole fasteners are capable of being fastened when jacket and trouser are unattached), and (ii) unfasten the upper garment and the lower garment with a set of vertical fasteners while leaving the set of horizontal fasteners fastened (see figure 1).
In regard to claim 19, Cuddy teaches wherein the set of vertical fasteners comprise buttons (see figure 1 buttons 4).
However, Cuddy fails to teach the suspension element in the lower garment.
Johnson teaches a modular garment with a suspension element in a lower garment comprising at least one of a belt loop, a drawstring, a waist reduction adjustor, an elastic waistband, and a shoulder suspender (elastic waistband drawstring: paragraph 0031).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular garment of Cuddy with the lower body suspension element as taught by Johnson, since the modular lower body trousers garment of Cuddy provided with a suspension element/elastic waistband would provide a lower body garment that can be adjusted to fit different waist sizes for a comfortable fit.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) and Johnson (US 2025/0031785) as applied to claim 8 above, and further in view of Muhr (US 2,242,365).
Cuddy and Johnson teach a modular garment as described above in claim 8. However, Cuddy and Johnson fail to teach the horizontal fastener being a zipper and a gap between the zipper and the vertical fastener.
In regard to claim 10, Muhr teaches a modular garment with a separable upper and lower garment; wherein a set of horizontal fasteners comprise a zipper running at least 80% of a circumference of the waist opening of the upper garment and the lower garment (see figures 1 and 3, zipper: 3a, 4a), and wherein a gap between an initiation stop of the zipper and a termination stop of the zipper aligns with the set of vertical fasteners such that unfastening of the first set of vertical fasteners can continue to the second set of vertical fasteners without unzipping the zipper (see fap in figure 1 between zipper fastener and buttons on vertical openings).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have replaced the horizontal button fastener of Cuddy and Johnson with the zipper fastener of Muhr having a gap between the vertical fasteners, since the horizontal fastener of Cuddy being replaced with a zipper fastener would provide a more secure and continuous attachment of the upper and lower garments together and the gap between the zipper aligned with the vertical fasteners would allow for operation of the vertical fasteners irrespective of the horizontal zipper fastener.
Claim(s) 15-16 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cuddy (US 1,611,420) and Johnson (US 2025/0031785) as applied to claim 8 above, and further in view of Kerson (US 2,849,716).
Cuddy and Johnson fail to teach a placket cover arrangement and a stack fastener.
In regard to claim 15, Kerson teaches a modular garment with upper and lower separable garments (page 1, lines 15-17); wherein the modular garment is attached by vertical fasteners and a horizontal fasteners (see figures 1 and 3); wherein a stack fastener comprising one or more fasteners (button: 56) that overlappingly fasten at least three portions of material at a single point (see figures 1-4), the at least three portions of material selected from: (i) a first portion of material on one side of the first vertical opening of the upper garment (placket on vertical upper opening and hem portion 28 that continues to flap 32), (ii) a second portion of material on an opposite side of the first vertical opening of the upper garment, (iii) a third portion of material on one side of the second vertical opening of the lower garment (material 54 on lower torso garment), and (iv) a fourth portion of material on an opposite side of the second vertical opening of the lower garment (fly cover 52 connected to buttonhole 58), wherein the at least three portions of material alternate between the upper garment and the lower garment when overlappingly fastened at the single point by the stack fastener (See figures 2-4).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the vertical and horizontal openings of Cuddy and Johnson with the stack fastener of Kerson, since the horizontal and vertical openings of the upper and lower body garment of Cuddy having and overlapping, single attachment provides less fasteners at a single location to attach the placket components together for a secure and non-gaping attachment between the upper and lower garment when connected together.
In regard to claim 16, Cuddy teaches wherein a first placket cover of the upper garment is circumferentially attached to the waist opening of the upper garment and covers the set of horizontal fasteners such that at least one of a liquid and a material spilled on the upper garment sheds over the set of horizontal fasteners (flap: 11); wherein a second placket cover of the upper garment covers the first set of vertical fasteners (flap covering buttonholes: 5, page 1, lines 35-39); and wherein at least one of the upper garment and the lower garment is at least one of fire resistant, insulated, breathable, high visibility, UV resistant, insect-resistant, water-resistant, and waterproof (breathable: due to openings at cuffs, sleeves and neck).
However, Cuddy fails to teach the second placet cover detachably couples to a first placket cover of the lower garment covering the second set of vertical fasteners; and wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow.
Kerson teaches a modular garment wherein an upper body garment and a lower body garment are detachable (column 1, lines 15-17), wherein the vertical and horizontal fasteners comprise placket covers (figures 1-4), wherein the placket cover of the vertical fastener/second placket cover couples to a first placket cover of the lower garment covering the second set of vertical fasteners (see figures 1-4, vertical placket of upper garment with attached portion 32 attaches to a lower placket cover 52 via button hole 34 and button 56).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the upper body placket cover of Cuddy to fasten and attach to the lower placket cover of the lower body garment as taught by Kerson, since the upper body placket cover attached to the lower body placket cover would provide vertical openings that are hidden from view and an additional attachment so as not to gape between the two vertical fasteners when the upper and lower garment are worn together.
Johnson teaches a modular garment with separatable jacket and trousers (see figures 1 and 2); wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033 and figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
In regard to claim 20, Johnson teaches wherein at least a portion of the right arm sleeve is removably coupled to the body through a third set of fasteners and at least a portion of the left arm sleeve removably coupled to the body through a fourth set of fasteners such that at least one of the right arm sleeve and the left arm sleeve are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033); wherein at least a portion of the right pant leg is removable from the waist of the lower garment through a fourth set of fasteners and at least a portion of the left pant leg is removable from the waist of the lower garment through a fifth set of fasteners such that at least one of the right pant leg and the left pant leg are removable or replaceable for at least one of ventilation, comfort, temperature modulation, safety, work functionality, and style (see figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
Cuddy teaches wherein a first placket cover of the upper garment is circumferentially attached to the waist opening of the upper garment and covers the set of horizontal fasteners such that at least one of a liquid and a material spilled on the upper garment sheds over the set of horizontal fasteners (flap: 11); wherein a second placket cover of the upper garment covers the first set of vertical fasteners (flap covering buttonholes: 5, page 1, lines 35-39); and wherein at least one of the upper garment and the lower garment is at least one of fire resistant, insulated, breathable, high visibility, UV resistant, insect-resistant, water-resistant, and waterproof (breathable: due to openings at cuffs, sleeves and neck).
However, Cuddy fails to teach the second placet cover detachably couples to a first placket cover of the lower garment covering the second set of vertical fasteners; and wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow.
Kerson teaches a modular garment wherein an upper body garment and a lower body garment are detachable (column 1, lines 15-17), wherein the vertical and horizontal fasteners comprise placket covers (figures 1-4), wherein the placket cover of the vertical fastener/second placket cover couples to a first placket cover of the lower garment covering the second set of vertical fasteners (see figures 1-4, vertical placket of upper garment with attached portion 32 attaches to a lower placket cover 52 via button hole 34 and button 56).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the upper body placket cover of Cuddy to fasten and attach to the lower placket cover of the lower body garment as taught by Kerson, since the upper body placket cover attached to the lower body placket cover would provide vertical openings that are hidden from view and provide an additional attachment so as not to gape between the two vertical fasteners when the upper and lower body garments are worn together.
Johnson teaches a modular garment with separatable jacket and trousers (see figures 1 and 2); wherein the right pant leg is removable from the waist of the lower garment at a knee, and wherein the right arm sleeve is removable from the body at an elbow (see figures 2, left and right arm sleeves: 120 are removable via fasteners 116 from garment body and paragraph 0033 and figures 2, left and right arm pant legs: 140 are removable via fasteners 134 from garment body/waist and paragraph 0033).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the modular work garment of Cuddy with the removable arm sleeves and pant leg portions as taught by Johnson, since the modular work garment of Cuddy provided with removable arm and leg portions would provide a work garment that can be adapted to accommodate the user’s comfort based upon heat, cold or protection needs as desired.
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 Mazur (US 3,965,487) 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732