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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/12/2026 has been entered.
Response to Amendment
Applicant’s amendment of 06/12/2026 is acknowledged.
Claims 1-5, 9-19, and 21-25 are presented.
Claims 1, 14, and 16 are presented in independent form and are amended.
The present Office action treats claims 1-5, 9-19, and 21-25 on the merits.
The present Office action is a non-final rejection.
Response to Arguments
Applicant’s REMARKS of 06/12/2026 are fully considered.
Regarding New Drawing (p. 9 of the reply): Applicant’s arguments are fully considered. The replacement sheets are acknowledged and are entered.
Regarding Drawing Rejection (p. 9 of the reply): Applicant’s arguments are fully considered and are persuasive. Specifically, upon review of the amended claims, the specification amendment of 06/12/2026, Applicant’s remarks, and upon further review of the disclosure as filed, the drawings objections as applied in the previous Office action are overcome. It is noted the replacement sheets of 06/12/2026 have necessitated new drawing objections.
Regarding Objection to claims (p. 9 of the reply): Applicant’s arguments are fully considered and are persuasive. Specifically, upon review of the amended claims, Applicant’s remarks, and upon further review of the disclosure as filed, the claim objection as applied in the previous Office action is overcome. It is noted the amendment has necessitated new claim objections.
Regarding 35 U.S.C. §112(b) (p. 9-10 of the reply): Applicant’s arguments are fully considered and are persuasive. Specifically, upon review of the amended claims, Applicant’s remarks, and upon further review of the disclosure as filed, the 35 USC 112 rejections as applied in the previous Office action is overcome. It is noted the amendment has necessitated new 35 USC 112 rejections.
Regarding 35 U.S.C. 103 (p. 10-13 of the reply): Applicant’s arguments are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specification Amendment
A specification amendment was received on 06/12/2026. This amendment is acceptable and is entered.
Drawings – Replacement Sheets
Replacement sheets were received on 06/12/2026. These drawings are acceptable for entry and are entered. However, the newly entered drawings have necessitated a drawings objection:
Drawings
The drawings are objected to because Fig. 1 (see REPLACEMENT SHEET 1 of 06/12/2026) has a numeral 14 with no lead line.
This drawings objection could be overcome by replacing Fig. 1 with the original Fig. 1 of 12/18/2024, which shows the lead line from 14.
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.
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, the
(2) a neck...over a head of claim 1
(2) a neck...over a head of claim 14
(2) a neck...over a head of claim 16
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.
Claim Objections
Claims 10-14, 18, and 24-25 are objected to because of the following informalities:
Claim 10 line 1 is lacking a space between a comma and the term “wherein”; i.e.: “of claim 1,wherein” should be --of claim 1, wherein--
Claim 11 line 3: “spandex, polyester blends” should be --spandex, or polyester blends--
Claim 12 lines 2-3 is provided with an excess space between the term “ethanol” and the terminal period of the claim; i.e. “ethanol .” should be –ethanol.--
Claim 13 ends with two period punctuation marks.
Claim 14 line 2 is lacking a colon punctuation mark; i.e. “the hooded garment comprising” should be --the hooded garment comprising:--
Claim 18 line 1: “fluid comprise” should be --fluid comprises--
Claim 24 line 2: “anterior muscles, and posterior muscles” should be --anterior muscles and posterior muscles--
Claim 25 does not end with a period punctuation mark. MPEP 608 recites in relevant part “Each claim begins with a capital letter and ends with a period.”
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Section 33(a) of the America Invents Act reads as follows:
Notwithstanding any other provision of law, no patent may issue on a claim directed to or encompassing a human organism.
Claims 1-5, 9-13, 21, and 23-25 are rejected under 35 U.S.C. 101 and section 33(a) of the America Invents Act as being directed to or encompassing a human organism. See also Animals - Patentability, 1077 Off. Gaz. Pat. Office 24 (April 21, 1987) (indicating that human organisms are excluded from the scope of patentable subject matter under 35 U.S.C. 101).
Claim 1 recites “the...fluid is present in...a neck laterally along the neck and over a head”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the neck and head functionally, for example by reciting --a neck configured to extend laterally along the neck of a wearer and over a head of the wearer--
Claim 1 further recites “two shoulders laterally from both ends of the shoulders”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the shoulders, for example by reciting --two shoulders configured to extend laterally from both ends of shoulders of the wearer--
Claims 2-5, 9-13, 21, and 23-25 are rejected if only because they depend from a rejected claim.
In addition, claim 10 recites “garment is anchored on the chin”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the chin functionally, for example --garment is configured to be anchored on a chin of the wearer--
In addition, claim 21 recites “fluid is present along the transversospinalis muscles, over the trapezius muscles, and over the head”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the muscles and head functionally for example --fluid is configured to be present along the transversospinalis muscles, over the trapezius muscles, and over the head--
In addition, claim 23 recites “the smart fabric that comprises the shear thickening fluid supports and supplements the scalenes and sternocleidomastoid”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the scalenes and sternocleidomastoid functionally for example --the smart fabric that comprises the shear thickening fluid is configured to support and is configured to supplement the scalenes and sternocleidomastoid--
In addition, claim 24 recites “wherein the smart fabric that comprises the shear thickening fluid is present along the sternohyoid and supplements the response of the anterior muscles, and posterior muscles”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the sternohyoid and muscles for example --wherein the smart fabric that comprises the shear thickening fluid is configured to be present along the sternohyoid and is configured to supplement the response of the anterior muscles, and posterior muscles--
In addition, claim 25 recites “wherein the smart fabric that comprises the shear thickening fluid supplements the response of the longus capitis and longus colli”, which is directed to or encompasses a human organism. This 35 USC 101 rejection could be overcome by reciting the longus capitis and longus colli for example --wherein the smart fabric that comprises the shear thickening fluid is configured to supplement the response of the longus capitis and longus colli--
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-5, 9-19, and 21-25 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “a neck laterally along the neck and over a head”. Recitation of the neck “over a head” is new matter. The specification states “the hood 11...is over the head” and “smart material exists...over the head...the smart material extends...over the head” but does not state a garment neck is so over a head.
Claims 2-5, 9-13, 21, and 23-25 are rejected if only because they depend from a rejected claim.
In addition, claim 10 further recites new matter in the combination of a garment that does not have the smart fabric that comprises the shear thickening fluid present in a torso and the hooded garment is anchored on the chin. As stated in the specification, anchoring on the chin is a feature of Figs. 4-5 and Figs. 6-8: “As shown in Fig. 4 and Fig. 5, the smart material exists laterally in the garment 40/50 at least from both ends of the shoulders 41/51, along the neck muscles 42/52 (to support and supplement the function of the scalenes and sternocleidomastoid) and over the head 43/53. Along the sagittal plane, the smart material extends from at least the mid-back of the garment up the transversospinalis muscles 44, over the trapezius muscles 45, and over the head 46 to the front of the forehead 47/54. At the front of the hood, the smart material anchors on the chin 55 and extends downward along the sternohyoid muscles 56 to at least the area approximately located at the sternum 57” and “At the bottom of the head (Fig. 6-Fig. 8), a circumferential strip of advanced fabric encircles the jaw 605. This fabric anchors at the chin, follows the jaw line, and continues around the upper portion of the neck to completely wrap the head in the transverse (axial) plane. This band helps resist twisting and rotation in the transverse (axial) plane. It also acts as an anchor point for vertical strips of advanced fabric extending from the top of the head into the body of the garment.
At the front of the body (Fig. 6-Fig. 7), the advanced fabric 606 initiates at the jawline, anchoring to the fabric of the chin 605. It extends down the chest, over the sternum, and anchors again to the fabric of the waist 610.”
In addition, claim 12 further recites new matter in reciting “the colloidal silica mixture further comprises ethanol”. As stated in the specification, “the STF SG product is first diluted with 100% ethanol (1:1 ratio of STF SG:ethanol) and mixed using a magnetic stirrer creating a homogeneous mixture, or a solution. The solution is then poured into large polycarbonate trays. A yard of compression-style fabric is laid flat in the tray (without folding) and submersed for five (5) minutes. The fabric is then flipped over and immersed for an additional five (5) minutes. Following the soaking process, the fabric is removed from the polycarbonate plates and then placed between two identical steel plates. The fabric is compressed with a uniform load of 5 kgf/cm2 for one (1) minute. The fabric is then removed from the steel plates and placed in an oven to dry for 30 minutes at 65°C”. However, the specification does not state the ethanol remains in the shear thickening fluid after drying such that a garment comprises the ethanol.
Claim 13 is dependent from claim 12 and further recites new matter in reciting ratios of ethanol relative to colloidal silica.
Claim 14 recites “a neck laterally along the neck and over a head”. Recitation of the neck “over a head” is new matter. The specification states “the hood 11...is over the head” and “smart material exists...over the head...the smart material extends...over the head” but does not state a garment neck is so over a head.
Claims 15 and 22 are rejected if only because they depend from a rejected claim.
Claim 16 recites “a neck laterally along the neck and over a head”. Recitation of the neck “over a head” is new matter. The specification states “the hood 11...is over the head” and “smart material exists...over the head...the smart material extends...over the head” but does not state a garment neck is so over a head.
Claims 17-19 are rejected if only because they depend from a rejected claim.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 9-10, 21, and 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857, newly cited] in view of [Dor-El, US 2016/0021947, cited by Applicant on the IDS of 05/19/2025] and [Rock, US 2010/0130903, newly cited].
Regarding claim 1:
Buentello discloses:
A garment 120 that comprises:
wherein the garment is a hooded garment (as evidenced by hood 128),
a hood 128,
a neck 126 laterally along the neck (col. 3 line 62; Figs. 1-4) and over a head (the limitation is drawn to nonstatutory subject matter, see 35 USC 101 rejections above; however, it is noted neck 126 is capable of extending over a head during the process of donning and/or doffing the garment),
two shoulders (see annotated Fig. 2 – a below) laterally from both ends of the shoulders (as in Fig. 2), and
two outer arms (see annotated Fig. 2 – a below).
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Buentello does not expressly disclose a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in:
(1) the hood,
(2) the neck laterally along the neck and over a head,
(3) the two shoulders laterally from both ends of the shoulders, and
(4) the two outer arms
Buentello does teach the material of neck, shoulders, and outer arms “may...have impact-absorbing properties, such as one or more layers configured to dissipate forces from impacts or to provide padding or other cushioning material to protect the wearer from flying debris or falling objects during extreme weather event or natural disaster” (final full paragraph of col. 3) and the material of the hood 128 “may be made of a similar material as cape 124...may...provide...protection to the head of the wearer” (paragraph spanning cols. 3-4). Buentello does not expressly state the neck also has impact protection properties, attention is drawn to Fig. 6 which shows the neck of the garment when the garment is configured for “providing shelter” (col. 2 line 37) wherein the neck of the garment could be impacted by debris and/or one or more falling object(s).
Dor-El teaches an apparel material appropriate for impact protection (para 56) of a hooded garment (Abstract) is a smart fabric that comprises a shear thickening fluid: “protective garment...maintains a look that most individuals think is “cool,”...also provides protection of other more conspicuous protective garments inconspicuously. The protective elements are spacer fabrics filled with a shear thickening (also known as dilatant) gel and sealed around the perimeter and wherein said spacer fabrics contain gels yielding enhanced impact protection (reduction of >80% in transmitted force at 10 Joules when tested according to EN1621-1) stemming from the combination of the resiliency inherent in the spacer fabric construction principle and the reaction of the contained gel to impact and shear. The protective elements have flexibility and drape-ability so as not to degrade the natural “cool” look of a standard garment” (para 56).
It 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 to have modified the garment of Buentello such that it comprises a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in its hood 128, its neck 126, and its cape 124 –including shoulders and outer arms thereof— in order to provide enhanced impact protection, as suggested by Dor-El (para 56), and/or in order to provide a combination of impact protection and also flexibility and drape-ability, as also suggested by Dor-El (para 56).
Buentello does not expressly disclose the garment comprises:
a compression fabric, and the hooded garment does not have the smart fabric that comprises the shear thickening fluid present in: two inner arms, and a torso.
In further view of Buentello:
Buentello teaches garment 120 “worn by a wearer” and “secure[d]...to the wearer (e.g., user 104)” (col. 4 lines 17-24).
Buentello Figs. 2 and 4 appear to show garment 120 so secured to a sleeved shirt worn by user 104 (Figs. 2 and 4). However, Buentello does not expressly state that the wearer is wearing a sleeved shirt between her body and the garment 120, nor does Buentello expressly disclose any material(s) of construction thereof.
Nevertheless, a person of ordinary skill would expect the garment 120 to function for “providing shelter” as described in the Abstract if garment 120 were further secured to a sleeved shirt having inner arms and a torso underlying the garment 120 regardless of the material(s) of construction thereof.
Rock teaches a compression fabric (“compression fabric”; para 80) appropriate for a garment (i.e. “upper body compression garment...shirt 170”; para 80) comprising two inner arms (Figs. 17) and a torso (Fig. 17).
Rock further teaches “Compression garments are articles of clothing that provide support in the form of compressive pressure to regions of a wearer's body. Such garments...find use in numerous applications including therapeutic and performance enhancing applications” (para 3). “Compression sportswear...apply compressive pressure to working muscles to promote blood circulation and flow of oxygen to the muscles to help maintain muscle warmth, strength and endurance, and to inhibit cramping, during athletic activities” (para 4).
It 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 to have modified the modified garment 120 of Buentello such that it is secured to a shirt garment worn by a wearer comprising compression fabric in two inner arms and a torso in order to provide therapy and/or enhance performance, as suggested by Rock (para 3), and/or to promote blood circulation and/or flow of oxygen to the muscles to help maintain muscle warmth, strength and/or endurance, and/or to inhibit cramping, as also suggested by Rock (para 4).
In adopting the modification, one would arrive at a hooded garment comprising both 120 of Buentello and also a shirt garment comprising compression fabric in its two inner arms and its torso such that the limitation “the hooded garment does not have the smart fabric that comprises the shear thickening fluid present in: two inner arms, and a torso” would be met insofar as the smart fabric would only be in element 120, while the underlying shirt garment—and its inner arms and torso--would be absent the smart fabric.
Regarding claim 3:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello does not expressly disclose wherein the shear thickening fluid comprises a colloidal silica mixture.
However and in further view of Dor-El:
Dor-El teaches a shear thickening fluid comprises a colloidal silica mixture (paras 54, 56, 58).
It 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 to have modified the modified Buentello such that the shear thickening fluid comprises a colloidal silica mixture in order to provide the enhanced impact protection and/or in order to provide the combination of impact protection and also flexibility and drape-ability. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to use to provide the function(s) and would have expected the colloidal silica mixture to perform the function adequately based on the teachings of Dor-El.
Regarding claim 4:
Buentello in view of Dor-El and Rock teach The garment of claim 3, as set forth above.
Buentello does not expressly disclose wherein the colloidal silica mixture comprises silica nanoparticles suspended in a polyethylene glycol fluid.
However and in further view of Dor-El:
Dor-El teaches a shear thickening fluid comprises a colloidal silica mixture comprising silica nanoparticles suspended in a polyethylene glycol fluid (paras 54, 56, 58).
It 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 to have modified the modified Buentello such that the colloidal silica mixture comprises silica nanoparticles suspended in a polyethylene glycol fluid in order to provide the enhanced impact protection and/or in order to provide the combination of impact protection and also flexibility and drape-ability. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to use to provide the function(s) and would have expected the colloidal silica mixture to perform the function adequately based on the teachings of Dor-El.
Regarding claim 9:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello does not expressly disclose wherein the shear thickening fluid comprises one or more of a starch dispersions, a silica slurry, a silica-ethylene glycol mix, a CeO2-silica suspensions, silica microsphere and ionic liquids, a multi-walled carbon nanotubes-polypropylene glycol mix, a silica-carbon nanotube containing liquid, a silica- polypropylene glycol, or combinations thereof.
However and in further view of Dor-El:
Dor-El teaches a shear thickening fluid comprises a silica slurry (paras 54, 56, 58).
It 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 to have modified the modified Buentello such that the shear thickening fluid comprises a silica slurry in order to provide the enhanced impact protection and/or in order to provide the combination of impact protection and also flexibility and drape-ability. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to use to provide the function(s) and would have expected the colloidal silica mixture to perform the function adequately based on the teachings of Dor-El.
Regarding claim 10:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello further discloses wherein the hooded garment is anchored on the chin (the limitation is drawn to nonstatutory subject matter; however, Buentello is capable of anchoring on the chin, for example by bringing the neck thereof into contact with a chin of a wearer).
Regarding claim 21:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
The modified Buentello further meets the limitation the smart fabric that comprises the shear thickening fluid is present along the transversospinalis muscles, over the trapezius muscles, and over the head (the limitation is drawn to nonstatutory subject matter; nonetheless, 124 and 128 are modified such that the smart fabric is present in 124 and 128 (see above treatment of claim 1) and the combined 124 and 128 are configured to be present along transversospinalis muscles, over the trapezius muscles, and over the head as evidenced by Fig. 2 of Buentello).
Regarding claim 23:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
The modified Buentello further meets the limitation wherein the smart fabric that comprises the shear thickening fluid supports and supplements the scalenes and sternocleidomastoid (the limitation is drawn to nonstatutory subject matter; nonetheless, 124 and 128 are modified such that the smart fabric is present in 124 and 128 (see above treatment of claim 1) and the combined 124 and 128 are configured to supports and supplements the scalenes and sternocleidomastoid as evidenced by Fig. 2 of Buentello).
Regarding claim 24:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
The modified Buentello further meets the limitation wherein the smart fabric that comprises the shear thickening fluid is present along the sternothyroid and supplements the response of the anterior muscles, and posterior muscles (the limitation is drawn to nonstatutory subject matter; nonetheless, 124, 126, and 128 are modified such that the smart fabric is present in 124, 126, and 128 (see above treatment of claim 1) and the combined 124, 126, and 128 are configured to be present along the sternothyroid and supplement anterior and posterior muscles evidenced by Fig. 2 of Buentello).
Regarding claim 25:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
The modified Buentello further meets the limitation wherein the smart fabric that comprises the shear thickening fluid supplements the response of the longus capitis and longus colli (the limitation is drawn to nonstatutory subject matter; nonetheless, 124, 126, and 128 are modified such that the smart fabric is present in 124, 126, and 128 (see above treatment of claim 1) and the combined 124, 126, and 128 are configured to be present along the sternothyroid and supplement anterior and posterior muscles evidenced by Fig. 2 of Buentello).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857], [Dor-El, US 2016/0021947], and [Rock, US 2010/0130903] as applied to claim 1 above, and further in view of [Fowler, US 2014/0223649, newly cited].
Regarding claim 2:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello does not expressly disclose wherein the smart fabric comprises nylon, spandex, cotton, wool, hemp, bamboo, silk, aramid, polyester, polyester blends, other natural or synthetic fabrics, or combinations thereof.
In further view of Dor-El: Dor-El is silent as to the material(s) of construction of the smart fabric.
Nevertheless, Fowler teaches a smart fabric comprises polyester (paras 45, 52).
Fowler further teaches “Spacer fabric 110 is desirably formed from a compressible material. Preferably, spacer fabric 110 is formed from an elastically deformable material, i.e., a material that can be compressed by the force of an impact, and inherently returns to its original shape after the impact force has ceased. In an exemplary embodiment, spacer fabric 110 comprises a polyester material” (para 24).
It 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 to have modified the modified Buentello such that the smart fabric comprises polyester in order to permit compression by the force of an impact, and returns to its original shape after the impact force has ceased, as suggested by Fowler (para 24) and/or to yield the predictable result of a fabric material which is appropriate for receiving the shear-thickening fluid. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to choose for this purpose and would have expected the material taught by Fowler to perform adequately for this purpose based on the teachings of Fowler.
Claim(s) 2, 5, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857], [Dor-El, US 2016/0021947], and [Rock, US 2010/0130903] as applied to claim 1 above, and further in view of [Wagner, US 2021/0291486, previously cited].
Regarding claim 2:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello does not expressly disclose wherein the smart fabric comprises nylon, spandex, cotton, wool, hemp, bamboo, silk, aramid, polyester, polyester blends, other natural or synthetic fabrics, or combinations thereof.
Wagner teaches a smart fabric comprises aramid (“STF[]...textile may comprise...aramid fibers” (para 102). Wagner further teaches that “aramid fibers” meet “criteria” of “STF[]...fabrics” as having “high tenacity” and “high tensile strength” (para 96).
It 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 to have modified the modified Buentello such that the smart fabric comprises aramid in order to render the smart fabric strong and/or high-tenacity, as suggested by Wagner (para 96).
Regarding claim 5:
Buentello in view of Dor-El, Rock, and Wagner teach The garment of claim 2, as set forth above.
The modified Buentello further meets the limitation wherein the smart fabric comprises nylon, aramid (see above treatment of claim 2 where the limitation is addressed), spandex, or polyester blends.
Regarding claim 11:
Buentello in view of Dor-El and Rock teach The garment of claim 1, as set forth above.
Buentello does not expressly disclose wherein the shear thickening fluid is silica nanoparticles suspended in a polyethylene glycol fluid.
However and in further view of Dor-El:
Dor-El teaches a shear thickening fluid comprises a colloidal silica mixture comprising silica nanoparticles suspended in a polyethylene glycol fluid (paras 54, 56, 58).
It 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 to have modified the modified Buentello such that the shear thickening fluid is silica nanoparticles suspended in a polyethylene glycol fluid in order to provide the enhanced impact protection and/or in order to provide the combination of impact protection and also flexibility and drape-ability. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to use to provide the function(s) and would have expected the colloidal silica mixture to perform the function adequately based on the teachings of Dor-El.
Buentello does not expressly disclose wherein the smart fabric comprises nylon, aramid, spandex, or polyester blends.
Wagner teaches a smart fabric comprises aramid (“STF[]...textile may comprise...aramid fibers” (para 102). Wagner further teaches that “aramid fibers” meet “criteria” of “STF[]...fabrics” as having “high tenacity” and “high tensile strength” (para 96).
It 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 to have modified the modified Buentello such that the smart fabric comprises aramid in order to render the smart fabric strong and/or high-tenacity, as suggested by Wagner (para 96).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857], [Dor-El, US 2016/0021947], and [Rock, US 2010/0130903] as applied to claim 4 above, and further in view of [Zetune, US 2013/0139294, newly cited].
Regarding claim 12:
Buentello in view of Dor-El and Rock teach The garment of claim 4, as set forth above.
Buentello does not expressly disclose wherein the colloidal silica mixture further comprises ethanol.
However, Zetune teaches a colloidal silica mixture comprising ethanol: “silica/polyethylene glycol shear thickening fluid was intercalated into the knit textile using the following process. The shear thickening suspension was diluted in ethanol at a ratio of 1.05 grams of ethanol to 1 grams of suspension. Pieces of interlock knit textile were dipped into an agitated bath containing ethanol-diluted shear thickening fluid for 1 minute. The textile was removed from the bath and run through a set of nip rollers to remove excess liquid. Textile samples were then hung in a convection oven at 60.degree. C. for one hour to remove the ethanol. Samples were stored in a sealed bag with desiccant to maintain dryness”
It 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 to have modified the modified Buentello such that the colloidal silica mixture further comprises ethanol in order to yield the predictable result of lowering the viscosity of the colloidal silica mixture in order to promote its ingress into the fabric.
Regarding claim 13:
Buentello in view of Dor-El, Rock, and Zetune teach The garment of claim 12, as set forth above.
Buentello does not expressly disclose wherein the ratio of colloidal silica mixture to ethanol is 3:1 or 1:1.
However and in further view of Zetune:
Zetune teaches a range of ratios that includes the Applicant’s two values (i.e. 1.05 g ethanol to 1 g suspension and, upon drying 0.0 g ethanol to 1 g suspension).
Because Zetune is concerned with desired intercalation of shear thickening fluid into textile and provides a range (i.e. .05 g ethanol to 1 g suspension and, upon drying 0.0 g ethanol to 1 g suspension) encompassing the claimed values, the claimed values are considered as a result-effective variable such that one of ordinary skill could have arrived at the values through routine experimentation in order to provide desired fluid viscosity. The claimed ratios are merely optimum or workable ratios and the ratio of ethanol to mixture is expected to affect the viscosity of the fluid.
It 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 to have modified the modified Buentello such that the ratio of colloidal silica mixture to ethanol is 3:1 or 1:1 in order to provide a viscosity appropriate for adding the mixture to the fabric in within a desired time frame.
Claim(s) 14-15 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857, newly cited] in view of [Dor-El, US 2016/0021947, cited by Applicant on the IDS of 05/19/2025] and [Rock, US 2010/0130903, newly cited].
Regarding claim 14:
Buentello discloses:
A method (“user...put on article of apparel” (col. 4 lines 19-20) of reducing mechanical shear stress (“dissipate forces from impacts...protect the wearer from...debris or falling objects”; col. 3 lines 51-55, wherein it is noted that an impact force that evinces mechanical shear stress is reduced thereby) in a person that undergoes an impact event (“impacts...debris or falling objects”; col. 3 lines 53-55), the method comprising the person wearing (col. 4 lines 19-20; Fig. 2) a hooded garment 120, the hooded garment comprising
a hood 128,
a neck 126 laterally along the neck (col. 3 line 62; Figs. 1-4) and over a head (and during the process of putting on the garment as described in col. 4 lines 19-20 wherein it is noted that putting on the garment will provide the neck 120 over a head of the wearer),
two shoulders (see annotated Fig. 2 – a presented in above treatment of claim 1) laterally from both ends of the shoulders (as in Fig. 2), and
two outer arms (see annotated Fig. 2 – a presented in above treatment of claim 1).
Buentello does not expressly disclose the hooded garment comprising a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in:
(1) the hood,
(2) the neck laterally along the neck and over a head,
(3) the two shoulders laterally from both ends of the shoulders, and
(4) the two outer arms
Buentello does teach the material of neck, shoulders, and outer arms “may...have impact-absorbing properties, such as one or more layers configured to dissipate forces from impacts or to provide padding or other cushioning material to protect the wearer from flying debris or falling objects during extreme weather event or natural disaster” (final full paragraph of col. 3) and the material of the hood 128 “may be made of a similar material as cape 124...may...provide...protection to the head of the wearer” (paragraph spanning cols. 3-4). Buentello does not expressly state the neck also has impact protection properties, attention is drawn to Fig. 6 which shows the neck of the garment when the garment is configured for “providing shelter” (col. 2 line 37) wherein the neck of the garment could be impacted by debris and/or one or more falling object(s).
Dor-El teaches an apparel material appropriate for impact protection (para 56) of a hooded garment (Abstract) is a smart fabric that comprises a shear thickening fluid: “protective garment...maintains a look that most individuals think is “cool,”...also provides protection of other more conspicuous protective garments inconspicuously. The protective elements are spacer fabrics filled with a shear thickening (also known as dilatant) gel and sealed around the perimeter and wherein said spacer fabrics contain gels yielding enhanced impact protection (reduction of >80% in transmitted force at 10 Joules when tested according to EN1621-1) stemming from the combination of the resiliency inherent in the spacer fabric construction principle and the reaction of the contained gel to impact and shear. The protective elements have flexibility and drape-ability so as not to degrade the natural “cool” look of a standard garment” (para 56).
It 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 to have modified the method of Buentello such that its hooded garment is comprising a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in its hood 128, its neck 126, and its cape 124 –including shoulders and outer arms thereof— in order to yield a method that provides enhanced impact protection, as suggested by Dor-El (para 56), and/or in order to yield a method that provides a combination of impact protection and also flexibility and drape-ability, as also suggested by Dor-El (para 56).
Buentello does not expressly disclose the garment comprises:
a compression fabric, and the hooded garment does not have the shear thickening fluid present in: two inner arms, and a torso.
In further view of Buentello:
Buentello teaches garment 120 “worn by a wearer” and “secure[d]...to the wearer (e.g., user 104)” (col. 4 lines 17-24).
Buentello Figs. 2 and 4 appear to show garment 120 so secured to a sleeved shirt worn by user 104 (Figs. 2 and 4). However, Buentello does not expressly state that the wearer is wearing a sleeved shirt between her body and the garment 120, nor does Buentello expressly disclose any material(s) of construction thereof.
Nevertheless, a person of ordinary skill would expect the garment 120 to function for “providing shelter” as described in the Abstract if garment 120 were further secured to a sleeved shirt having inner arms and a torso underlying the garment 120 regardless of the material(s) of construction thereof.
Rock teaches a compression fabric (“compression fabric”; para 80) appropriate for a garment (i.e. “upper body compression garment...shirt 170”; para 80) comprising two inner arms (Figs. 17) and a torso (Fig. 17).
Rock further teaches “Compression garments are articles of clothing that provide support in the form of compressive pressure to regions of a wearer's body. Such garments...find use in numerous applications including therapeutic and performance enhancing applications” (para 3). “Compression sportswear...apply compressive pressure to working muscles to promote blood circulation and flow of oxygen to the muscles to help maintain muscle warmth, strength and endurance, and to inhibit cramping, during athletic activities” (para 4).
It 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 to have modified the modified method of Buentello such that its hooded garment 120 is secured to a shirt garment worn by a wearer comprising compression fabric in two inner arms and a torso in order to yield a method that provides therapy and/or enhances performance, as suggested by Rock (para 3), and/or to yield a method that promotes blood circulation and/or flow of oxygen to the muscles to help maintain muscle warmth, strength and/or endurance, and/or to inhibit cramping, as also suggested by Rock (para 4).
In adopting the modification, one would arrive at a hooded garment comprising both 120 of Buentello and also a shirt garment comprising compression fabric in its two inner arms and its torso such that the limitation “the hooded garment does not have the shear thickening fluid present in: two inner arms, and a torso” would be met insofar as the shear thickening fluid would only be in element 120, while the underlying shirt garment—and its inner arms and torso--would be absent the smart fabric.
Regarding claim 15:
Buentello in view of Dor-El and Rock teaches The method of claim 14, as set forth above.
Buentello further discloses wherein the mechanical shear stress is a shear stress on the brain and the hooded garment mitigates concussions and traumatic brain injuries by reducing both the linear and rotational accelerations and velocities of the head (method of Buentello is a method of reducing mechanical shear stress as explained in above addressing of claim 14; (“dissipate forces from impacts...protect the wearer from...debris or falling objects”; col. 3 lines 51-55, wherein it is noted that an impact force that evinces mechanical shear stress is reduced thereby) in a person that undergoes an impact event (“impacts...debris or falling objects”; col. 3 lines 53-55). An impact force of sufficient magnitude and angle of impact that evinces a mechanical stress that impacts the combined hooded garment and wearer—including his head and brain—in such a way that linear and rotational accelerations and velocities of the head are affected thereby are reduced by the dissipation and protection described in col. 3 lines 51-55 such that the mechanical shear stress is a shear stress on the brain and the hooded garment mitigates concussions and traumatic brain injuries by reducing both the linear and rotational accelerations and velocities of the head as claimed).
Regarding claim 22:
Buentello in view of Dor-El and Rock teaches The method of claim 14, as set forth above.
Buentello further discloses wherein the hooded garment limits cervical flexion, cervical extension, cervical rotation, and cervical side-bending (method of Buentello is a method of reducing mechanical shear stress as explained in above addressing of claim 14; (“dissipate forces from impacts...protect the wearer from...debris or falling objects”; col. 3 lines 51-55, wherein it is noted that an impact force that evinces mechanical shear stress is reduced thereby) in a person that undergoes an impact event (“impacts...debris or falling objects”; col. 3 lines 53-55). An impact force of sufficient magnitude and angle of impact that evinces a mechanical stress that impacts the combined hooded garment and wearer in such a way that cervical flexion is affected thereby is limited by the dissipation and protection described in col. 3 lines 51-55; an impact force of sufficient magnitude and angle of impact that evinces a mechanical stress that impacts the combined hooded garment and wearer in such a way that cervical extension is affected thereby is reduced by the dissipation and protection described in col. 3 lines 51-55 ; an impact force of sufficient magnitude and angle of impact that evinces a mechanical stress that impacts the combined hooded garment and wearer in such a way that cervical rotation is affected thereby is reduced by the dissipation and protection described in col. 3 lines 51-55; an impact force of sufficient magnitude and angle of impact that evinces a mechanical stress that impacts the combined hooded garment and wearer in such a way that cervical side-bending is affected thereby is reduced by the dissipation and protection described in col. 3 lines 51-55).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857, newly cited] in view of [Dor-El, US 2016/0021947, cited by Applicant on the IDS of 05/19/2025] and [Rock, US 2010/0130903, newly cited].
Regarding claim 16:
Buentello discloses:
A method (“user...put on article of apparel” (col. 4 lines 19-20) of reducing or mitigating the severity of a concussion or traumatic brain injury in a human (“dissipate forces from impacts...protect the wearer from...debris or falling objects”; col. 3 lines 51-55, wherein it is noted that an impact force that evinces a force that is capable of causing a concussion is reduced or mitigated thereby and in impact force that evinces a force that is capable of traumatically injuring a brain is reduced or mitigated thereby) in a person that undergoes an impact event (“impacts...debris or falling objects”; col. 3 lines 53-55), the method comprising the person wearing (col. 4 lines 19-20; Fig. 2) a hooded garment 120, the hooded garment comprising”
a hood 128,
a neck 126 laterally along the neck (col. 3 line 62; Figs. 1-4) and over a head (and during the process of putting on the garment as described in col. 4 lines 19-20 wherein it is noted that putting on the garment will provide the neck 120 over a head of the wearer),
two shoulders (see annotated Fig. 2 – a presented in above treatment of claim 1) laterally from both ends of the shoulders (as in Fig. 2), and
two outer arms (see annotated Fig. 2 – a presented in above treatment of claim 1).
Buentello does not expressly disclose the hooded garment comprising a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in:
(1) the hood,
(2) the neck laterally along the neck and over a head,
(3) the two shoulders laterally from both ends of the shoulders, and
(4) the two outer arms
Buentello does teach the material of neck, shoulders, and outer arms “may...have impact-absorbing properties, such as one or more layers configured to dissipate forces from impacts or to provide padding or other cushioning material to protect the wearer from flying debris or falling objects during extreme weather event or natural disaster” (final full paragraph of col. 3) and the material of the hood 128 “may be made of a similar material as cape 124...may...provide...protection to the head of the wearer” (paragraph spanning cols. 3-4). Buentello does not expressly state the neck also has impact protection properties, attention is drawn to Fig. 6 which shows the neck of the garment when the garment is configured for “providing shelter” (col. 2 line 37) wherein the neck of the garment could be impacted by debris and/or one or more falling object(s).
Dor-El teaches an apparel material appropriate for impact protection (para 56) of a hooded garment (Abstract) is a smart fabric that comprises a shear thickening fluid: “protective garment...maintains a look that most individuals think is “cool,”...also provides protection of other more conspicuous protective garments inconspicuously. The protective elements are spacer fabrics filled with a shear thickening (also known as dilatant) gel and sealed around the perimeter and wherein said spacer fabrics contain gels yielding enhanced impact protection (reduction of >80% in transmitted force at 10 Joules when tested according to EN1621-1) stemming from the combination of the resiliency inherent in the spacer fabric construction principle and the reaction of the contained gel to impact and shear. The protective elements have flexibility and drape-ability so as not to degrade the natural “cool” look of a standard garment” (para 56).
It 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 to have modified the method of Buentello such that its hooded garment is comprising a smart fabric that comprises a shear thickening fluid, and wherein the smart fabric that comprises the shear thickening fluid is present in its hood 128, its neck 126, and its cape 124 –including shoulders and outer arms thereof— in order to yield a method that provides enhanced impact protection, as suggested by Dor-El (para 56), and/or in order to yield a method that provides a combination of impact protection and also flexibility and drape-ability, as also suggested by Dor-El (para 56).
Buentello does not expressly disclose the garment comprises:
a compression fabric, and the hooded garment does not have the shear thickening fluid present in: two inner arms, and a torso.
In further view of Buentello:
Buentello teaches garment 120 “worn by a wearer” and “secure[d]...to the wearer (e.g., user 104)” (col. 4 lines 17-24).
Buentello Figs. 2 and 4 appear to show garment 120 so secured to a sleeved shirt worn by user 104 (Figs. 2 and 4). However, Buentello does not expressly state that the wearer is wearing a sleeved shirt between her body and the garment 120, nor does Buentello expressly disclose any material(s) of construction thereof.
Nevertheless, a person of ordinary skill would expect the garment 120 to function for “providing shelter” as described in the Abstract if garment 120 were further secured to a sleeved shirt having inner arms and a torso underlying the garment 120 regardless of the material(s) of construction thereof.
Rock teaches a compression fabric (“compression fabric”; para 80) appropriate for a garment (i.e. “upper body compression garment...shirt 170”; para 80) comprising two inner arms (Figs. 17) and a torso (Fig. 17).
Rock further teaches “Compression garments are articles of clothing that provide support in the form of compressive pressure to regions of a wearer's body. Such garments...find use in numerous applications including therapeutic and performance enhancing applications” (para 3). “Compression sportswear...apply compressive pressure to working muscles to promote blood circulation and flow of oxygen to the muscles to help maintain muscle warmth, strength and endurance, and to inhibit cramping, during athletic activities” (para 4).
It 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 to have modified the modified method of Buentello such that its hooded garment 120 is secured to a shirt garment worn by a wearer comprising compression fabric in two inner arms and a torso in order to yield a method that provides therapy and/or enhances performance, as suggested by Rock (para 3), and/or to yield a method that promotes blood circulation and/or flow of oxygen to the muscles to help maintain muscle warmth, strength and/or endurance, and/or to inhibit cramping, as also suggested by Rock (para 4).
In adopting the modification, one would arrive at a hooded garment comprising both 120 of Buentello and also a shirt garment comprising compression fabric in its two inner arms and its torso such that the limitation “the hooded garment does not have the shear thickening fluid present in: two inner arms, and a torso” would be met insofar as the shear thickening fluid would only be in element 120, while the underlying shirt garment—and its inner arms and torso--would be absent the smart fabric.
Regarding claim 17:
Buentello in view of Dor-El and Rock teaches The method of claim 16, as set forth above.
Buentello further discloses wherein the reducing or mitigating the severity of the concussion or traumatic brain injury is a result of one or more of sagittal movement, frontal (coronal) movement, or transverse (axial) movement (method of Buentello is a method of reducing mechanical shear stress as explained in above addressing of claim 14; (“dissipate forces from impacts...protect the wearer from...debris or falling objects”; col. 3 lines 51-55, wherein it is noted that an impact force that evinces mechanical shear stress is reduced thereby) in a person that undergoes an impact event (“impacts...debris or falling objects”; col. 3 lines 53-55). An impact force of sufficient magnitude and angle of impact that evinces sagittal movement is dissipated thereby as described in col. 3 lines 51-55, thereby reducing or mitigating the severity of concussion or traumatic brain injury; an impact force of sufficient magnitude and angle of impact that evinces frontal (coronal) movement is dissipated thereby as described in col. 3 lines 51-55, thereby reducing or mitigating the severity of concussion or traumatic brain injury; an impact force of sufficient magnitude and angle of impact that evinces transverse (axial) movement is dissipated thereby as described in col. 3 lines 51-55, thereby reducing or mitigating the severity of concussion or traumatic brain injury.)
Regarding claim 18:
Buentello in view of Dor-El and Rock teach The garment of claim 16, as set forth above.
Buentello does not expressly disclose wherein the shear thickening fluid comprise silica nanoparticles suspended in a polyethylene glycol fluid.
However and in further view of Dor-El:
Dor-El teaches a shear thickening fluid comprises a colloidal silica mixture comprising silica nanoparticles suspended in a polyethylene glycol fluid (paras 54, 56, 58).
It 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 to have modified the modified Buentello such that the shear thickening fluid comprise silica nanoparticles suspended in a polyethylene glycol fluid in order to provide the enhanced impact protection and/or in order to provide the combination of impact protection and also flexibility and drape-ability. A person of ordinary skill would have been confronted with one or more decision(s) as to which material(s) of construction to use to provide the function(s) and would have expected the colloidal silica mixture to perform the function adequately based on the teachings of Dor-El.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Buentello, US 11,910,857], [Dor-El, US 2016/0021947], and [Rock, US 2010/0130903] as applied to claim 16 above, and further in view of [Wagner, US 2021/0291486, previously cited].
Regarding claim 19:
Buentello in view of Dor-El and Rock teach The method of claim 16, as set forth above.
Buentello does not expressly disclose wherein the smart fabric comprises nylon, aramid, spandex, or polyester blends.
Wagner teaches a smart fabric comprises aramid (“STF[]...textile may comprise...aramid fibers” (para 102). Wagner further teaches that “aramid fibers” meet “criteria” of “STF[]...fabrics” as having “high tenacity” and “high tensile strength” (para 96).
It 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 to have modified the modified Buentello such that the smart fabric comprises aramid in order to render the smart fabric strong and/or high-tenacity, as suggested by Wagner (para 96).
Conclusion
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
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