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 .
Response to Amendment
Applicant’s amendment of 01/20/2026 is acknowledged.
Claims 1 and 6-20 are presented.
Claim 1 is presented in independent form and is amended.
Dependent claims 6-20 are amended.
The present Office action treats claims 1 and 6-20 on the merits.
The present Office action is a final rejection.
Drawings – Replacement Sheets
Replacement sheets were received on 01/20/2026. These replacement sheets are acceptable for entry and are entered.
Specification Amendment
A specification amendment was received on 01/20/2026. This amendment is acceptable for entry and is entered.
Response to Arguments
Applicant’s REMARKS of 01/20/2026 (see p. 7-16 of the reply) are fully considered.
Regarding Objections to the Drawings (p. 7-8): Applicant’s arguments are fully considered and are persuasive in that Applicant’s amendment has overcome the drawings objections set forth in the Office action of 08/20/2025. However, it is noted that upon further review of the present disclosure and the drawings, new drawings objections are raised in the present Office action; see Drawings Objections below. In addition, Applicant’s specification amendment of 01/20/2026 has necessitated a new Drawings objection; see Drawings Objections below.
Regarding Rejected Claim 17 under 35 U.S.C. § 101 (p. 8): Applicant’s arguments are fully considered and are persuasive. Specifically, Applicant’s amendment of 01/20/2026 overcomes the 35 USC 101 rejection as applied in the previous office action.
Regarding Rejected Claims 7, 10, 12, and 15-17 under 35 U.S.C. § 112 (b) (p. 9-10): Applicant’s arguments are fully considered and are persuasive. Specifically, Applicant’s amendment of 01/20/2026 overcomes the 35 USC 112 rejections as applied in the previous office action.
Regarding Objected to Claims 3 and 14 (p. 10): Applicant’s arguments are fully considered. The cancelation of claim 3 renders the objection thereto moot. Regarding claim 14: applicant’s arguments are fully considered and are persuasive in that Applicant’s amendment of 01/20/2026 overcomes the claim objection as applied in the previous office action. However, it is noted that Applicant’s amendment has necessitated a new claim objection; see Claim Objections below.
Regarding “Rejected Claims 1-3, 5, 10, and 15-18 under 35 U.S.C. § 102(a)(1)...as being anticipated by Chung” (p. 10-11): Applicant's arguments have been fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. Applicant’s specific argument that “In contrast” to Chung, “the...claimed invention, as amended recites a unitary football jersey incorporating an interior zipper and seam arrangement configured to function within the jersey itself. Chung does not disclose or suggest a football jersey having the claimed interior fastener structure arranged and configured as now recited, nor does Chung disclose the claimed structural relationship of the zipper and seam features within a football jersey” is fully considered and is not persuasive if only because it is not commensurate with claim language; none of the argued claims recite(s) a “unitary football jersey”, an “interior zipper”, an “interior fastener structure”. In addition, to the extent that Applicant’s arguments are directed to claim 16: Applicant’s arguments with respect to claim(s) 16 have been 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.
Regarding “Rejected Claims 1-3, 5, and 10-11 under 35 U.S.C. § 102(a)[]...as being anticipated by Brady” (p. 11-12): Applicant's arguments have been fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. Applicant’s specific argument that “In contrast” to Brady, “the...claimed invention, as amended recites a unitary football jersey incorporating an internal fastener structure arranged and configured within the jersey itself. Brady does not disclose or suggest a football jersey having the claimed interior fastener arrangement, nor does Brady disclose the claimed structural relationships now recited” is fully considered and is not persuasive if only because it is not commensurate with claim language; none of the argued claims recite(s) a “unitary football jersey”, an “internal fastener”, or an “interior fastener arrangement”. Applicant’s argument directed to “the claimed structural relationships” is unpersuasive if only because no specific structural relationship(s) is/are argued in relation to the argued prior art.
Regarding “Rejected Claims 1-3, 5, and 10-11 under 35 U.S.C. § 102(a)[]...as being anticipated by Schaumer” (p. 12-13): Applicant's arguments have been fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. Applicant’s specific argument that “In contrast” to Schaumer, “the...claimed invention, as amended, recites a unitary football jersey...incorporating an interior fastener system and seam structure within the jersey itself. Schaumer does not disclose...a football jersey, nor does Schaumer disclose an interior zipper or removable fastener arrangement configured as claimed” is fully considered and is not persuasive. Contrary to Applicant’s assertion, Schaumer discloses a football jersey as claimed, as set forth in the rejections below. Applicant’s specific arguments directed to the interior zipper and removable fastener arrangement are unpersuasive if only because they are is not commensurate with claim language; none of the argued claims recite(s) a “interior zipper” or a “removable fastener arrangement”.
Regarding “Rejected Claims 1 and 20 under 35 U.S.C. § 102(a)[]...as being anticipated by Brady” (p. 13-14): Applicant's arguments have been fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. Applicant’s specific argument that “In contrast” to Brady, “the... claimed invention, as amended, recites a unitary football jersey, not a modular garment system, and does not include a separable shirt upper and jersey portion as required by Brady. Brady therefore fails to disclose the claimed structure and arrangement of a football jersey incorporating the claimed fastener configuration as now recited in Claim 1” is fully considered and is not persuasive if only because they are is not commensurate with claim language; none of the argued claims recite(s) a “unitary football jersey”, a system that is “not...modular”, or the absence of a “separable shirt upper and jersey portion”. Applicant’s specific argument directed to claim 20 is further unpersuasive. Specifically, Applicant’s argument that “Claim 20, which depends from amended Claim 1, similarly is not anticipated by Brady...Brady discloses buttons as one of many optional attachment mechanisms in a modular garment system (see Fig. 19), Brady does not disclose or suggest the use of such fasteners in the context of the claimed football jersey as amended” is fully considered and is not persuasive if only because the one or more buttons are indeed disclosed as a feature of a football jersey, as is set forth in the rejections below.
Regarding “Rejected Claims 1-5, 10, and 18-20 under 35 U.S.C. § 102(a)[]...as being anticipated by Clayton” (p. 14-15): Applicant's arguments have been fully considered but they are not persuasive. Applicant’s arguments are drawn to newly amended subject matter, which has necessitated a new interpretation of the prior art and is presented in the rejections below. Applicant’s specific argument that “In contrast” to Clayton, the presently claimed invention, as amended, recites a unitary football jersey configured as an outer sports garment and does not include a sports bra, overlay flap, bra band, or layered garment construction as required by Clayton. Clayton does not disclose or suggest a football jersey, nor does Clayton disclose an interior fastener or seam arrangement configured within a football jersey as now claimed. Although Clayton discloses various fasteners (e.g., buttons, zippers, snaps, and hook-and- loop fasteners), such fasteners are disclosed solely in the context of attaching a lower panel to a sports bra in a layered activewear system and do not anticipate the claimed fastener configurations within the amended football jersey claims. Accordingly, Clayton fails to disclose each and every limitation of Claims 1-5, 10, and 18-20 as amended and therefore does not anticipate the pending claims” is fully considered and is not persuasive if only because the argument is not commensurate with claim language. No claim(s) recite a “unitary football jersey”, configuration “as an outer sports garment”, the absence of a “bra,..flap,... band, or layered...construction”, an “interior fastener or seam arrangement”. Applicant’s specific argument that “Clayton does not disclose...a football jersey” is fully considered and is not persuasive in that Clayton does disclose a football jersey, as set forth in the rejections below.
Applicant’s arguments directed to the 35 USC 103 rejection of claim 4 (p. 15) are fully considered and are moot insofar as claim 4 is canceled.
Applicant’s arguments directed to the 35 USC 103 rejections of claims 6-9, 12, 13, 14, and 19 (p. 15-16) are fully considered and are not persuasive. Applicant’s argument is that each of these claims is argued to be allowable as being dependent upon an allowable base claim. However, base claim 1 is not allowable for the reasons set forth in the rejections below. Applicant’s specific arguments directed to the prior art of record in relation to base claim 1 are addressed hereinabove. To the extent that applicant’s arguments apply to claim 7: Applicant’s arguments with respect to claim(s) 7 have been 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.
Drawings Objections
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “1112” has been used to designate both a shirt upper and jersey portion (Fig. 11). 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. 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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 1122 (para 48). 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. 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 as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 222A (paras 28 and 29 of the specification as amended in the specification amendment of 01/20/2026). 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. 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
Claim 5 is objected to because of the following informalities:
Claim 5 line 1: “The combination golf shirt and football jersey” should be --The football jersey--
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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, 10, 12, 15, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Chung, US 5,628,064].
Regarding claim 1:
Chung discloses (Figs. 2-3):
A football jersey 2, comprising:
(“shirt 2” is a jersey and is appropriate for use while playing football such that it is a “football jersey”; in addition, “shirt 2” meets all claim limitations, as set forth hereinbelow, such that it is a “football jersey” as claimed)
a shirt upper 21 adapted to extend from an upper part of a user's chest down to a user's sternum (Figs. 2-3 wherein it is noted that the jersey 2 will fit wearers of different sizes such that the limitation is met);
a jersey portion 26, 27, 28, 29 (i.e. the combined 26, 27, 28, 29) coupled (col. 2 lines 3-6) to the shirt upper 21; and
a fastener 203 coupling the jersey portion to the shirt upper (col. 2 lines 3-6; Fig. 2).
Regarding claim 10:
Chung discloses The football jersey of claim 1, as set forth above.
Chung further discloses wherein the jersey portion is a football jersey.
(Jersey portion is appropriate for use while playing football and is a jersey; it is noted that the present disclosure states that jersey portion 220 is a jersey (para 27; Fig. 2), and the jersey portion of Chung is, similarly, a jersey in that it is configured to cover the same portions of a wearer’s body as Applicant’s jersey portion 220 being a jersey)
Regarding claim 12:
Chung discloses The football jersey of claim 1, as set forth above.
Chung further discloses wherein the football jersey is made of a golf shirt (jersey of Chung is capable of use while playing football and/or while playing golf such that it is both a football jersey and also is made of a golf shirt).
Regarding claim 15:
Chung discloses The football jersey of claim 1, as set forth above.
Chung further discloses wherein the fastener 203 comprises an inside zipper 203 (shirt portion is provided above zipper 203, and jersey portion is provided below zipper 203 such that zipper 203 is inside of the jersey and therefore an inside zipper) that includes a 2-seam split (inside zipper 203 provides a first seam uniting 21 and 29 and a second seam uniting 21 and 27 and a split therebetween such that inside zipper 203 includes a 2-seam split) disposed inside of the football jersey (shirt portion is provided above the inside zipper and the first and second seams; jersey portion is provided below the inside zipper and the first and second seams such that the inside zipper and the 2-seam split are disposed inside the football jersey) are to attach or detach the shirt upper from the jersey portion (col. 2 lines 3-6).
Regarding claim 17:
Chung discloses The football jersey of claim 15, as set forth above.
Chung further discloses wherein the inside zipper 203 is adapted to tuck under material around a user’s armpit area.
(Chung is configured such that inside zipper 203 is capable of tucking material of each of panels 26, 27, 28, 29 around an armpit area via at least bringing portions of each of panels 26, 27, 28, 29 close to shirt upper 21 during the process of zipping each of panels 26, 27, 28, 29 to shirt upper 21)
Regarding claim 18:
Chung discloses The football jersey of claim 1, as set forth above.
Chung further discloses wherein the fastener is a zipper 203.
Claim(s) 1 and 10-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Brady, US 2014/0196188].
Regarding claim 1:
Brady discloses (Fig. 15):
A football jersey (the jersey of Fig. 15; no specific numeral is provided therefor; elements thereof identified hereinbelow), comprising:
(the jersey is appropriate for use while playing football such that it is a “football jersey”; in addition, the jersey meets all claim limitations, as set forth hereinbelow, such that it is a “football jersey” as claimed)
a shirt upper 6 adapted to extend from an upper part of a user's chest down to a user's sternum (Fig. 15 wherein it is noted that the jersey will fit wearers of different sizes such that the limitation is met);
a jersey portion 7 coupled (para 90; Fig. 15) to the shirt upper 6; and
a fastener 57 coupling the jersey portion to the shirt upper (para 90; Fig. 15).
Regarding claim 10:
Brady discloses The football jersey of claim 1, as set forth above.
Brady further discloses wherein the jersey portion is a football jersey.
(Jersey portion is appropriate for use while playing football and is a jersey; it is noted that the present disclosure states that jersey portion 220 is a jersey (para 27; Fig. 2), and the jersey portion of Brady is, similarly, a jersey in that it is configured to cover the same portions of a wearer’s body as Applicant’s jersey portion 220 being a jersey)
Regarding claim 11:
Brady discloses The football jersey of claim 1, as set forth above.
Brady further discloses wherein the jersey portion 7 is made of mesh 81 (paras 90-91; Fig. 15).
Regarding claim 12:
Brady discloses The football jersey of claim 1, as set forth above.
Brady further discloses wherein the football jersey is made of a golf shirt (jersey of Brady is capable of use while playing football and/or while playing golf such that it is both a football jersey and also is made of a golf shirt).
Claim(s) 1, 10, and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Schaumer, US 2,222,090].
Regarding claim 1:
Schaumer discloses (Figs. 1-2):
A football jersey (the jersey of Figs. 1-2; no specific numeral is provided therefor; elements thereof identified hereinbelow), comprising:
(the jersey is appropriate for use while playing football such that it is a “football jersey”; in addition, the jersey meets all claim limitations, as set forth hereinbelow, such that it is a “football jersey” as claimed)
a shirt upper 5, 8, 9 (i.e. the combined 5, 8, and 9) adapted to extend from an upper part of a user's chest down to a user's sternum (Figs. 1-2 wherein it is noted that the jersey will fit wearers of different sizes such that the limitation is met);
a jersey portion 14 coupled (p. 1 lines 50-53; Figs. 1-2) to the shirt upper; and
a fastener (the sewing via which jersey portion 14 is “sewed” to the shirt upper (p. 1 line 51) coupling the jersey portion to the shirt upper (p. 1 lines 50-53; Figs. 1-2).
Regarding claim 10:
Schaumer discloses The football jersey of claim 1, as set forth above.
Schaumer further discloses wherein the jersey portion is a football jersey.
(Jersey portion is appropriate for use while playing football and is a jersey; it is noted that the present disclosure states that jersey portion 220 is a jersey (para 27; Fig. 2), and the jersey portion of Schaumer is, similarly, a jersey in that it is configured to cover the same portions of a wearer’s body as Applicant’s jersey portion 220 being a jersey)
Regarding claim 12:
Schaumer discloses The football jersey of claim 1, as set forth above.
Schaumer further discloses wherein the football jersey is made of a golf shirt (jersey of Brady is capable of use while playing football and/or while playing golf such that it is both a football jersey and also is made of a golf shirt).
Claim(s) 1, 10, 12, and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Brady, US 2014/0196188].
Regarding claim 1:
Brady discloses (Fig. 19):
A football jersey (the jersey of Fig. 19; no specific numeral is provided therefor; elements thereof identified hereinbelow), comprising:
(the jersey is appropriate for use playing football such that it is a “football jersey”; in addition, the jersey meets all claim limitations, as set forth hereinbelow, such that it is a “football jersey” as claimed)
a shirt upper 6 adapted to extend from an upper part of a user's chest down to a user's sternum (Fig. 19 wherein it is noted that the jersey will fit wearers of different sizes such that the limitation is met);
a jersey portion 7 coupled (para 98; Fig. 19) to the shirt upper 6; and
a fastener 103 coupling the jersey portion to the shirt upper (para 98; Fig. 19).
Regarding claim 10:
Brady discloses The football jersey of claim 1, as set forth above.
Brady further discloses wherein the jersey portion is a football jersey.
(Jersey portion is appropriate for use while playing football and is a jersey; it is noted that the present disclosure states that jersey portion 220 is a jersey (para 27; Fig. 2), and the jersey portion of Brady is, similarly, a jersey in that it is configured to cover the same portions of a wearer’s body as Applicant’s jersey portion 220 being a jersey)
Regarding claim 12:
Brady discloses The football jersey of claim 1, as set forth above.
Brady further discloses wherein the football jersey is made of a golf shirt (jersey of Brady is capable of use while playing football and/or while playing golf such that it is both a football jersey and also is made of a golf shirt).
Regarding claim 20:
Brady discloses The football jersey of claim 1, wherein the fastener 103 is one or more buttons 109 (para 98; Fig. 19).
Claim(s) 1, 10, 12, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by [Clayton, US 2020/0187571].
Regarding claim 1:
Clayton discloses:
A football jersey (the combined “sports bra...with an overlay flap” and “lower panel that encircles the torso below the breasts and flows downward to the belly and/or beyond”; Abstract), comprising:
(the combined sports bra, overlay flap, and lower panel is a jersey and is appropriate for use while playing football such that it is a “football jersey”; in addition, the jersey meets all claim limitations, as set forth hereinbelow, such that it is a “football jersey” as claimed)
a shirt upper (“sports bra”) adapted to extend from an upper part of a user's chest down to a user's sternum (para 19);
a jersey portion (“lower panel”) coupled (Abstract) to the shirt upper; and
a fastener (“fasteners/closures”) coupling the jersey portion to the shirt upper (Abstract).
Regarding claim 10:
Clayton discloses The football jersey of claim 1, as set forth above.
Clayton further discloses wherein the jersey portion is a football jersey.
(Jersey portion is appropriate for use while playing football and is a jersey; it is noted that the present disclosure states that jersey portion 220 is a jersey (para 27; Fig. 2), and the jersey portion of Clayton is, similarly, a jersey in that it is configured to cover the same portions of a wearer’s body as Applicant’s jersey portion 220 being a jersey)
Regarding claim 12:
Clayton discloses The football jersey of claim 1, as set forth above.
Clayton further discloses wherein the football jersey is made of a golf shirt (jersey of Clayton is capable of use while playing football and/or while playing golf such that it is both a football jersey and also is made of a golf shirt).
Regarding claim 18:
Clayton discloses The football jersey of claim 1, as set forth above.
Clayton further discloses wherein the fastener is a zipper (para 7).
Regarding claim 19:
Clayton discloses The football jersey of claim 1, as set forth above.
Clayton further discloses wherein the fastener is a plurality of hook and loop fasteners (para 7)
Regarding claim 20:
Clayton discloses The football jersey of claim 1, as set forth above.
Clayton further discloses wherein the fastener is one or more buttons (para 7).
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) 6 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Chung, US 5,628,064] in view of [Woloschuk, US 2011/0307994].
Regarding claim 6:
Chung discloses The football jersey of claim 1, as set forth above.
Chung does not expressly disclose the jersey portion includes one or more jersey numbers.
However, Woloschuk teaches (Fig. 1) a garment 2 comprising a torso portion 200 wherein a jersey portion 350, 360 (i.e. the combined 350 and 360) is capable of receiving a “display attachment 500” (para 86) wherein said display attachment includes a jersey number 18 (i.e. the number “4” given numeral 18 in Fig. 4; para 61).
In Woloschuk, the jersey number 18 is an on-lay embossed number. (Jersey number 18 comprises coupling system 550 and an associated “visible article” laid onto the garment such that the number such that the number stands out in relief relative to the rest of the garment (see, e.g. Fig. 17) such that the jersey number is embossed and an on-lay embossed number).
In Woloschuk, the jersey number is replaceable (para 61).
Woloschuk further teaches “It is often desirable for clothing to be configured to effect releasable attachment to suitable accessories to personalize the aesthetic appearance of the clothing”; para 2.
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 football jersey of Chung such that its jersey portion includes a jersey number, the jersey number being formed as an on-lay embossed number, the jersey number being replaceable, as in Woloschuk, in order to personalize the aesthetic appearance of the jersey, as suggested by Woloshuk (para 2).
Regarding claim 8:
Chung in view of Woloschuk teach The football jersey of claim 6, as set forth above.
The modified Chung further meets the limitation wherein the one or more jersey numbers, each of which are formed as an on-lay embossed number.
(Refer to above treatment of claim 6 where the limitation is addressed. As applied to claim 6, the jersey number is formed as an on-lay embossed number.)
Regarding claim 9:
Chung in view of Woloschuk teach The football jersey of claim 6, as set forth above.
The modified Chung further meets the limitation wherein the one or more jersey numbers are replaceable.
(Refer to above treatment of claim 6 where the limitation is addressed. As applied to claim 6, the jersey number is replaceable.)
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Chung, US 5,628,064] and [Woloschuk, US 2011/0307994] as applied to claim 6 above, and further in view of [Poulos, US 2004/0144481, newly cited].
Regarding claim 7:
Chung discloses in view of Woloshuk teach The football jersey of claim 6, as set forth above.
Chung does not expressly disclose wherein the one or more jersey numbers are made of vinyl.
Poulos teaches “decals 16”, and within the context of a garment (Title), wherein said decals 16 are provided on an “outermost layer” which are “easily and repeatedly removable” (para 47) wherein said decals 16 are made of vinyl (para 47). Poulos further teaches the decals are capable of being formed by being “cut through the vinyl sheet” and comprise a “back (unprinted side)” which is “smooth for...excellent adherence to the outer surface” (para 47).
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 Chung such that its jersey number is made of vinyl, as are the decals of Poulos, in order to yield a jersey formed by a process that permits ready cutting of decals into shape, as suggested by Poulos (para 47), and/or to yield a jersey whose number is capable of good adherence, as also suggested by Poulos (para 47)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Schaumer, US 2,222,090] in view of [George, US 3,949,426].
Regarding claim 13:
Schaumer discloses The football jersey of claim 1, as set forth above.
In Schuamer, the football jersey is joining materials together via a stitch (i.e. at least one stitch as described in p. 1 lines 27-51).
Schaumer does not expressly disclose wherein the football jersey is joining materials together via a rolled stitch.
However, George teaches a garment wherein “In assembling the garments...the preferable method is sewing...The sewing to be used should be one which provides a flat unobtrusive appearance...seams could be used such as an overcast seam, double stitch seam, machine hemmed seam or the like. Furthermore, a rolled hem or overstitch may be used” (col. 5 lines 22-32).
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 football jersey of Schaumer such that it is joining materials together via a rolled stitch in order to provide a flat and/or unobtrusive appearance to the jersey, as suggested by George (col. 5 lines 22-32)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Schaumer, US 2,222,090] in view of [Sechrist, US 2022/0312870].
Regarding claim 14:
Schaumer discloses The football jersey of claim 1, as set forth above.
In Schuamer, the football jersey includes a plurality of stitchings (i.e. stitchings as described in p. 1 lines 27-51).
Schaumer does not expressly disclose wherein football jersey includes a plurality of stitching styles selected from the group consisting of a back stitch, a slip or ladder stitch, a whip stitch, a catch stitch, a running stitch, a running baste stitch, and a blanket stitch.
However, Sechrist teaches a garment 100 configured to cover a torso of a wearer (paras 208-209) wherein “stitches can be chain stitches, buttonhole or blanket stitches, running stitches, back stitches, satin stitches, whip-stitching or cross stitches. The stitching can be selected from the group consisting of chain stitch, buttonhole or blanket stitch, running stitch, back stitch, satin stitch, whip-stitch and cross stitch” (para 292).
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 football jersey of Schaumer such that it is provided with a plurality of stitching styles selected from the group consisting of a back stitch, a whip stitch, a running stitch, a running baste stitch, and a blanket stitch, as in Sechrist, in order to yield the predictable result of a jersey whose constituent parts are durably secured to each other via said plurality of stitching styles.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Chung, US 5,628,064] in view of [Wagner, US 2010/0269312, newly cited].
Regarding claim 16:
Chung discloses The football jersey of claim 1, as set forth above.
Chung does not expressly disclose wherein the inside zipper includes a double seam that covers the inside zipper.
Wagner teaches (Figs. 8-9), and within the context of “Zippers...used in many types of clothing, especially...coats.” (para 10) an inside zipper 110, 146 (i.e. the combined 110 and 146; the combined 110 and 146 being an inside zipper in that it is provided between panels such that it is inside of the panels) wherein the inside zipper includes a double seam (defined by 146; wherein a first seam is that which attaches 146 to 142 (para 164) and a second seam is that which attaches 146 to 144 (para 164)) that covers the inside zipper (para 164; Figs. 8-9).
Wagner further teaches the inside zipper includes a double seam that covers the inside zipper is configured to be “fastened in place that can strengthen the zipper connection” (para 164).
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 football Jersey of Chung such that the inside zipper includes a double seam that covers the inside zipper in order to strengthen the connection provided by the inside zipper, as taught by Wagner (para 164).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Chung, US 5,628,064].
Regarding claim 19:
Chung discloses The football jersey of claim 1, as set forth above.
Chung does not expressly disclose wherein the fastener is a plurality of hook and loop fasteners.
However, and in further view of Chung:
Chung teaches “A separatable clothes according to the present invention comprises a base panel for covering a part of the body, and a plurality of auxiliary panels detachably fastening to one another or to the base panel by zippers, hook and loop materials, and snaps for covering the limbs or a part of the body. The clothes can be a trench coat, a shirt, a pullover, a skirt, a woman's dress, etc., which is comprised of several parts of different, colors that can be alternatively fastened together by the zippers, hook and loop materials, and snaps thereof to show different styles or forms” (col. 1 lines 16-26); “hook and loop materials and/or snaps may be used instead of zippers”; col. 2 lines 59-60.
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 football jersey of Chung such that its fastener is a plurality of hook and loop fasteners in order to detachably fasten the shirt upper to the jersey portion, as suggested by Chung (col. 1 lines 16-26; col. 2 lines 59-60). One of ordinary skill would expect hook and loop fasteners to work adequately well for this purpose insofar as Chung identifies them as appropriate fastening means within the context of the disclosed jersey of Chung.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732