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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 15 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 15, lines 1-2, recites “fewer than all of the one or more connecting features…to fewer than all and line 4, 5”, renders the claim indefinite because it is unclear which structure encompassed by such limitation.
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.
Claims 19-20 are rejected under 35 U.S.C. 102 as being anticipated by Majerfeld (6108815).
Regarding claim 19, Majerfeld discloses an apparatus/method of converting a convertible bottom garment from a substantially pants- shaped garment to a substantially skirt-shaped garment (fig.3a) while the bottom garment is worn by a wearer, the garment having a first leg opening (fig.3a shows a skirt having two leg opens 20) through which a first leg (20) of the wearer is placed and a second leg opening through which a second leg of the wearer is placed, the method comprising: positioning a first cuff (at 24) formed at a bottom edge of the first leg opening toward a knee of the wearer on the wearer's first leg; and positioning a second cuff (at 24) formed at a bottom edge of the second leg opening (20) toward a knee of the wearer's second leg (fig.3a), such that a material forming the bottom garment is substantially pushed upward on the wearer's body, forming a substantially skirt-shaped garment.
Regarding claim 20, Majerfeld disclose the method of claim 19, wherein the substantially skirt-shaped bottom garment (14) is converted to a substantially pants-shaped garment by positioning the first cuff of the first leg opening toward an ankle of the wearer on the wearer's first leg, and positioning the second cuff of the second leg opening toward an ankle of the wearer on the wearer's second leg, such that the material forming the bottom garment is substantially pulled downward (fig.2) on the wearer's body, forming a substantially pants-shaped garment (fig.2-3).
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) 1-4, 9-12, 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (2009/0320175).
Regarding claim 1, Shih discloses a convertible outfit (fig.1, 5)) comprising: a convertible top garment including a substantially rectangular body (fig.5b), the body including one or more connecting features (27a, 27b) located along a top edge of the body and along a bottom edge of the body, the one or more connecting features located along the top edge of the body configured to join with the one or more connecting features located along the bottom edge of the body, forming two substantially tubular portions when the one or more connecting features located along the top edge of the body are joined with the one or more connecting features located along the bottom edge of the body (2), one tubular portion located at a right side of the body and one tubular portion located at a left side of the body (fig.5/5b); and a convertible bottom garment (fig.3p), the convertible bottom garment including one top opening (fig.3p shows the trouser having an opening at is configured to fit on the user waist; the opening having a rubber band 18)a-b) is configured to fit on the user waist) at the top of the bottom garment sized to fit substantially on a wearer's waist, and two bottom openings (at 29b, 59b) at the bottom of the bottom garment (fig.3p, par 0146]). But Shih does not disclose a functional limitation such as each bottom opening sized to substantially receive a leg of the wearer, wherein each bottom opening terminates in a cuff configured to form to an ankle or leg of the wearer, depending on where the wearer positions the cuff. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the trouser of Shih is configured to perform as the claimed invention, since both the prior art discloses structurally similar to the claimed invention involves routine skill in the art to perform similar to the claimed invention.
Regarding claims 2-4, Shih discloses wherein the convertible top garment further comprises a hood portion (1, fig.5,5a; show the hood 1 having rubber bands 18a, 18b and fasteners 17a; the fasteners 17a is configured to connectable and detachable to the fasteners 17b of the upper garment 2) along the top edge of the body; wherein the hood portion is selectively detachable from the top edge of the body (1, fig.5,5a; show the hood 1 having rubber bands 18a, 18b and fasteners 17a; the fasteners 17a is configured to connectable and detachable to the fasteners 17b of the upper garment 2);
wherein the convertible top garment further includes along the top edge of the body a collar portion spanning a middle section of the top edge, the collar portion being selectively openable and closeable through an accessibility feature, and wherein within the collar portion are one or more connecting features configured to connect with one or more connecting features located along a bottom edge of the hood portion such that the hood portion may be selectively attached or detached from the body (fig.5).
Regarding claims 9-10, Shih discloses wherein the body further includes one or more connective features located along a right edge of the body and one or more connective features located along a left edge of the body (fig.5); wherein the convertible bottom garment is formed of a material having a substantially skirt shape (fig.5) toward the upper edge of the bottom garment and a substantially pant shape toward the bottom edges of the bottom garment (fig.3p, 4).
Regarding claims 11-12, Shih discloses the convertible outfit of claim 10, wherein the convertible bottom garment further comprises an overlay portion formed on a front side of the bottom garment, the overlay portion consisting of a crossover of material, and a pleated portion formed on a back side of the bottom garment, the pleated portion consisting of a pleated material section, the crossover of material and the pleated portion configured to further a loose fit of the bottom garment (fig.4, 4a, 3r, 3q); wherein the convertible bottom garment is selectively convertible between a substantially skirt-shaped garment by positioning the cuffs of each bottom opening toward the knees of the wearer, and a substantially pants-shaped garment by positioning the cuffs (fig.3q. 3r) of each bottom opening toward the ankles of the wearer.
Regarding claims 14, 19, Shih discloses an apparatus/method of converting a convertible top garment from a first state to a second state (fig.5, 5b), the method comprising: connecting one or more connecting features (27a, 27b)/( 27c, 27d) located along an upper right edge of a body of the top garment to corresponding one or more connecting features located along a bottom right edge of the body of the top garment, thereby forming a first tubular portion on a right side of the top garment (fig.5), wherein said first tubular portion is thereby wearable as a first sleeve when the top garment is worn by a wearer (fig.5 shows the garment having two sleeves at 2 and at 29a); and connecting one or more connecting features (27a, 27b)/(27c, 27d) located along an upper left edge of the body of the top garment to corresponding one or more connecting features located along a bottom left edge of the body of the top garment, thereby forming a second tubular portion on a left side of the top garment (fig.5). But Shih does not disclose wherein said second tubular portion is thereby wearable as a second sleeve when the top garment is worn by a wearer. However, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to recognize that the garment of Shih is configured to perform as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art.
Regarding claims 15-16, Shih discloses (see all figures). But Shih does not disclose a functional limitation such as wherein fewer than all of the one or more connecting features located along the upper right edge of the body are connected to fewer than all of the corresponding one or more connecting features located along the lower right edge of the body, and fewer than all of the one or more connecting features located along the upper left edge of the body are connected to fewer than all of the corresponding one or more connecting features located along the lower left edge of the body, thereby shortening the first and second tubular portions and enabling the middle lower edge of the body to be adjustable downward and the middle upper edge of the body to be adjustable upward. However, it would have been obvious matter design choice to one of ordinary skill in the art before the effective filling date of the claimed invention to perform as the claimed invention, such modification would be considered a mere design choice involves routine skill in the art; further comprising connecting one or more connecting features located along a distal end of the first tubular portion to a corresponding one or more connecting features located along the distal end of the first tubular portion to decrease the circumference of the first tubular portion at its distal end, and connecting one or more connecting features located along a distal end of the second tubular portion to a corresponding one or more connecting features located along the distal end of the second tubular portion to decrease the circumference of the second tubular portion at its distal end (fig.5, 5b).
Regarding claims 17-18, Shih discloses the method of claim 16, further comprising disconnecting the one or more connecting features located along the distal end of the first tubular portion from the corresponding one or more connecting features located along the distal end of the first tubular portion to increase the circumference of the first tubular portion at its distal end, and disconnecting the one or more connecting features located along the distal end of the second tubular portion from the corresponding one or more connecting features located along the distal end of the second tubular portion to increase the circumference of the second tubular portion at its distal end (fig.5, 5b); further comprising disconnecting one or more connecting features located along a bottom edge of a hood portion (fig.5a shows element 1 having fasteners 17a) of the top garment from corresponding one or more connecting features located within a collar portion of the top garment (fig.5 shows element 2 having fasteners 17b at an opening is configured to attachable and removable from element 1), the collar portion formed substantially in a middle section of the upper edge of the body of the top garment, thereby detaching the hood portion from the top garment (fig.5).
Claim(s) 5-8, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Shih (2009/0320175) in view of Khan (6851127).
Regarding claims 5-8, Shih does not disclose a pocket formed on an inner surface of the body substantially in the middle of the body and substantially along the bottom edge of the body; wherein the pocket includes a zipper located near a top edge of the pocket, the zipper running substantially along a width of the pocket; wherein the pocket is sized to substantially receive the hood portion when the hood portion is detached from the top edge of the body; an inner pocket formed inside the bottom garment toward a middle upper front edge of the garment, the inner pocket sized to hold one or more of a passport and cash money. However, Khan teaches another similar upper garment article fig.1; the upper garment 20 having an inner surface 24, fig.2 and an outer surface; the inner surface 24 having a pocket 46 having an opening 47. The opening 47 can be selectively opened or closed by way of a zipper 48 which is sewn along the border of the opening 47, (col.3, lines 28-57). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a pocket having an opening and a zipper is configured to close and/or opening of the pocket disposed on the inner surface of the upper garment of Shih as taught by Khan in order to provide a storage compartment to storage the hood Shih.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY K TRIEU whose telephone number is (571)270-3495. The examiner can normally be reached 8-4.
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/Timothy K Trieu/Primary Examiner, Art Unit 3732