Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Applicant’s election without traverse of Species B (Figures 13A & 13B, 14A & 14B) in the reply filed on 12/01/2025 is acknowledged.
Claims 1-3, 5-7 & 15-20 are being treated on the merits. Claim 7 has been withdrawn from consideration.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 5 & 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Crye (US 2006/0005292).
Regarding Claim 1, Crye discloses a protective garment system (Figures 1-4), comprising: a garment base (26); and at least a first protective element (42) that is removably engageable with the garment base (Para. 28); wherein the first protective element comprises a plurality of anchors (Para. 27, “two-part fastener”) configured to couple the first protective element in a removable manner relative to the garment base (Para. 27).
Regarding Claim 2, Crye discloses the first protective element is a rigid cap (Para. 25).
Regarding Claim 3, Crye discloses each of the plurality of anchors comprises one or more hooks (Para. 27).
Regarding Claim 5, Crye discloses a second protective element that is a pad (44).
Regarding Claim 7, Crye disclose the first protective element is directly coupled to the second protective element (Figures 1-4).
Regarding Claim 15, Crye discloses a protective garment system (Figures 1-4), comprising: a garment base (26); and a first protective element (142); a second protective element (144) that is removably engageable with the garment base (Para. 28 & 36); wherein the first protective element is removably engageable with the second protective element such that the first protective element is secured relative to the garment base when engaged with the second protective element (Para. 28 & 36).
Regarding Claim 16, Crye discloses the first protective element is a rigid cap (Para. 25 & 36).
Regarding Claim 19, Crye discloses the first protective element passes through openings in the garment base located at discrete regions of a perimeter of the first protective element (Figures 1-4).
Regarding Claim 20, Crye discloses at least a portion of the first protective element is located external of the garment base (Figures 1-4) and at least a portion of the second protective element is located internal of the garment base (Figures 1-4).
Claim Rejections - 35 USC § 103
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Crye (US 2006/0005292) in view of Hernandez (US 2012/0131729).
Regarding Claim 6, Crye doesn’t specifically disclose the first protective element and the second protective element are separated by a layer of the garment base. However, Hernandez discloses two protective elements separated by a layer of a garment base (Figures 4-6). It would have been obvious to one of ordinary skill in the art before the effective filing date to includes a layer of garment base between two protective elements in order to be able to switch out and modify the various protective elements.
Claims 17 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over Crye (US 2006/0005292).
Regarding Claim 17, Crye discloses the first protective element comprises an anchor (150) that engages the second protective element. Crye doesn’t specifically disclose the first protective element comprises a plurality of anchors that engage the second protective element. It, however, would have been obvious to one having ordinary skill in the art before the effective filing date to construct the anchor of Crye to having a plurality of anchors, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art.
Regarding Claim 18, Crye discloses each of the plurality of anchors comprises one or more hooks, a clip, or a portion of a hook and loop fastener (150, Para. 36).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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/KATHARINE G KANE/Primary Examiner, Art Unit 3732