DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of invention I, claims 1-7 and 14-20 in the reply filed on 07/02/2026 is acknowledged.
Claim status
This action is in response to applicant filed on 07/02/2026.
Claims 8-13 are withdrawn.
Claims 1-7 and 14-20 are pending for examination.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 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) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 1-6 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by
of Istook (US 6,341,504).
Regarding claim 1: Istook disclose a garment, comprising:
a textile layer (Fig. 8, item 310,320,330);
a sensor coupled to the textile layer (Fig. 3, item 312,314,316,322,332);
a monitor device coupled to the sensor (Fig. 8, item 340); and
a retention element (Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing) coupled to the textile layer and configured to retain the monitor device (Col. 1, Lines 34-59 & Col, 6, Lines 34-67).
Regarding claim 2: Istook disclose the garment of claim 1, wherein the retention element is formed integrally with the textile layer (Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Regarding claim 3: Istook disclose the garment of claim 1, wherein the garment comprises a shirt, and the retention element is positioned on the shirt to correspond to an upper back of a wearer. (Fig. 8, Col. 6, Lines 46-55)
Regarding claim 4: Istook disclose the garment of claim 1, wherein the retention element comprises a pocket comprising an opening to receive the monitor device (Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Regarding claim 5: Istook disclose the garment of claim 1, wherein the retention element is located on an exterior surface of the textile layer. (Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Regarding claim 6: Istook disclose the garment of claim 1, wherein the retention element is located on an interior surface of the textile layer. (Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 7 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Istook (US 6,341,504).
Regarding claim 7: Istook disclose the garment of claim 1, wherein the retention element is located between the multiple layers of the textile layer. (Fig. 3Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing), however it does not disclose wherein the textile layer comprises multiple layers. However, it does disclose at least one layer. Therefore, adding an extra layer (hence making multiple layers) is merely a duplication of said layer. Before the effective filing date, it would have been obvious to one having ordinary skill in the art at the time the invention was made to duplicate the layers of Istook and make it a multiple layers since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claims 14-20 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Istook (US 6,341,504) in view of Magill et al. (US 5,568,647).
Regarding claim 14: Istook disclose a garment, comprising:
a textile layer (Fig. 8, item 310,320,330);
a sensor coupled to the textile layer (Fig. 3, item 312,314,316,322,332);
a monitor device coupled to the sensor (Fig. 8, item 340); and
a retention element coupled to the textile layer and configured to retain the monitor device wherein the retention element.(Col. 1, Lines 34-59 & Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Istook does not explicitly disclose a support element located on an exterior surface of the retention element.
In analogous art regarding garments, Magill disclose a garment that disclose a support element located on an exterior surface of the retention element (Col. 2, Line 53- Col. 3, Line 6).
Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to include the feature of a garment that disclose a support element located on an exterior surface of the retention element, as disclose by Magill, to the garment of Istook. The motivation is to provide protection and stability to the monitor device.
Regarding claim 15: The combination of Istook and Magill disclose the garment of claim 14, wherein the support element is laminated on or within the retention element (Magill: Col. 2, Line 53- Col. 3, Line 6).
Regarding claim 16: The combination of Istook and Magill disclose the garment of claim 14, but does not explicitly disclose wherein the support element is printed on to the retention element. Before the effective filing date, it would have been obvious to the one of the ordinary skill in the art to print the support element on to the retention element, since having a limited universe of potential options (method to affixed a support element into the retention element), the selection of any particular option (printing) would have been obvious to one of ordinary skill in the art. In re Jones, 412 F.2d 241, 162 USPO 224 (COPA 1969). Since either option would provide the same predictable result of (securing and protecting the retention element), either option would have been obvious to one of ordinary skill.
Regarding claim 17: The combination of Istook and Magill disclose the garment of claim 14, wherein the support element comprises vertical bands configured to support vertical segments of the retention element. (Istook Col. 1, Lines 34-59 & Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing). A pocket naturally have vertical segment that now laminated in view of the combination, will provide vertical support bands to the support element.
Regarding claim 18: The combination of Istook and Magill disclose the garment of claim 14, wherein the vertical bands are configured to limit movement of the monitor device in a vertical direction. (Istook: Col. 1, Lines 34-59 & Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing). A pocket naturally have vertical segment that limit movement
Regarding claim 19: The combination of Istook and Magill disclose the garment of claim 14, wherein the support element comprises an opening support element disposed about an opening in the retention element (Istook: Col. 1, Lines 34-59 & Col, 6, Lines 34-67: Monitoring unit 340 may be fitted into a pocket in the garment, clipped onto the garment or other item of clothing).
Regarding claim 20: The combination of Istook and Magill disclose the garment of claim 14, wherein the support element partially covers an exterior surface of the retention element. (Magill: Col. 2, Line 53- Col. 3, Line 6).
Conclusion
The prior art made of record cited in the PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR CASILLASHERNANDEZ whose telephone number is (571)270-5432. The examiner can normally be reached Monday-Friday, 8:30AM-4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at (571) 272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR CASILLASHERNANDEZ/ Primary Examiner, Art Unit 2689
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