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 .
Election/Restrictions
Applicant's election with traverse of Species A: Figs. 1A, 1B, 3A-3C, and 4A-4C: a shower garment in the style of a skirt; the garment comprising an upper band configured to fit around a user’s torso or waist; the garment is absent an arm hole configured to extend over a shoulder in the reply filed on 10/17/2025 is acknowledged. The traversal is on the ground(s) that:
...Applicant believes that Species A and Species B are not patentably distinct as they share the same inventive concept. Irrespective of the armhole or strapless design, both embodiments have the same function, features and purpose for the invention which is to protect the users’ sensitive upper and lower body regions from exposure to harmful chemicals found in hair care products during the in-shower shampooing process. Both embodiments protect the user’s upper torso and lower back areas by providing protection of the same areas through use of the same features of both garments. Features of both include but are not limited to a band at the top of the garment which performs the same function on each embodiment.
Accordingly, the claims are not distinct within the meaning of MPEP §803, as they share essential features and achieve the same function and result. Under MPEP §806.05(f), restriction is not proper where claims represent related species of a single inventive concept.
Applicant therefore respectfully requests withdrawal of the restriction requirement or, alternatively, that the election be treated as made without prejudice to later consideration of the unelected claims.
This is not found persuasive because Species A and Species B are independent or distinct as disclosed for the reasons set forth in the restriction requirement of 08/22/2025 and, in addition, are not obvious variants of each other based on the current record as also set forth in the restriction requirement of 08/22/2025 (see p. 2 line 7 – p. 2 line 15).
That the species allegedly “share the same inventive concept”; “have the same function, features and purpose”; “Both...protect the user’s upper torso and lower back areas by providing protection of the same areas through use of the same features of both garments”; and both include “Features...a band at the top of the garment which performs the same function” is are not persuasive arguments that the species are not independent or distinct as disclosed.
Applicant’s specific argument that “the claims are not distinct within the meaning of MPEP §803, as they share essential features and achieve the same function and result” is fully considered and is not persuasive if only because the restriction requirement of 08/22/2025 does not allege any given claim is distinct from any other given claim; rather the restriction requirement is for Applicant to “elect a single disclosed species, or a single grouping of patentably indistinct species” (see p. 2 line 16-17 of the restriction requirement) and that a complete reply to the requirement must include “(i) an election of a species to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected species or grouping of patentably indistinct species, including any claims subsequently added” (see p. 3 lines 8-11 of the restriction requirement).
Applicant’s specific argument that “Under MPEP §806.05(f), restriction is not proper where claims represent related species of a single inventive concept” is fully considered and is not persuasive if only because MPEP 806.05(f) is directed to the determination of distinctness or independence of Inventions that are related as a Process of Making and Product Made. In the present case, the restriction requirement of 08/22/2025 does not allege that any inventions are related as a process of making and a product made. In addition, the argument is further not persuasive if only because MPEP 806.05(f) does not state that “restriction is not proper where claims represent related species of a single inventive concept” as argued.
The requirement is still deemed proper and is therefore made FINAL.
Status of the Claims
In the reply of 10/17/2025, Applicant identifies claims 1-7, 9-17, and 19-20 as reading on the elected species.
Claims 8 and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/17/2025.
Claims 1-20 are presented.
Claims 8 and 18 are withdrawn.
The present office action treats claims 1-7, 9-17, and 19-20 on the merits.
The present office action is a non-final rejection.
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 11-17 and 19-20 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 11 recites “wherein the user’s head, neck, and both arms are outside of the garment”, which is directed to or encompassing a human organism. This 35 USC 101 rejection could be overcome by reciting the human organism functionally, for example by reciting --wherein the garment is configured such that the user's head, neck, and both arms are outside of the garment when the garment is worn by the user--
Claims 12-17 and 19-20 are rejected if only because they depend from a rejected claim.
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.
Claim(s) 1-3, 5-7, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] in view of [Kaper, US 8,370,964].
Regarding claim 1:
Collins discloses (Figs. 6, 10, and 11):
A garment 600 for protecting a user's pelvic region from exposure to harsh chemicals during showering (Fig. 10 shows garment 600 “about a person’s waist” (para 29) such that the garment is configured to cover a pelvic region; it is further noted the garment will fit wearers of different sizes differently; further wherein garment is configured to “seals out water” (para 15) such that it is configured to protect the pelvic region from water; in addition, it is configured to protect the pelvic region from harsh chemicals carried by water by virtue of the garment being able to seal out water; in other words, at least some harsh chemicals are prevented from contacting the pelvic region in the same way that water is prevented from contacting the pelvic region), the garment comprising:
a main body 105 sized and shaped to encircle (“wrapped around”; para 36; Figs. 10-11) a portion of a user's body, such that the user's head, neck, and both arms are outside of the garment when the garment is worn by the user (as in Figs. 10-11), the main body having an inner surface (the surface facing the wearer in Fig. 10; said surface being obscured from view by the outer surface in Fig. 10) configured to face the portion of the user's body, and an outer surface (the surface facing away from the wearer and exposed to the viewer in Fig. 10) configured to directly contact liquid during showering (by virtue of it being provided facing away from the wearer and exposed to the environment and configured to contact water and other liquids when worn as in Fig. 10), wherein the main body is made of a waterproof (“waterproof material”; para 33) material that is impermeable to liquid (impermeable to liquid water by virtue of its being waterproof), and wherein the portion of the user's body comprises at least the pelvic region (Fig. 10 shows garment 600 “about a person’s waist” (para 29) such that the garment is configured to cover and encircle a pelvic region; it is further noted the garment will fit wearers of different sizes differently);
an upper band 120 configured to fit tightly (“tighten against the skin...tautly engaged the body”; para 37) around the user's torso (Figs. 10-11; it is further noted the garment will fit wearers of different sizes differently such that the limitation is met) in order to minimize or prevent liquid from contacting the inner surface of the main body (“seals out water” (para 15) and therefore is configured to minimize or prevent liquid water from contacting inner surface) when the user wears the garment during showering (para 3); and
Collins does not expressly disclose:
a lower hem comprising a weighted component for holding the lower hem in place,
wherein the main body extends between the upper band and the lower hem.
However, Kaper teaches (Fig. 4) a garment 12 configured to encircle a wearer (col. 4 lines 56-57) made of a “substantially waterproof material” (col. 3 line 67) and configured to protect a user while showering (col. 1 lines 44-45) wherein the garment comprises a lower hem 44 comprising a weighted component (col. 4 lines 66-67) for holding the lower hem in place (“Weighted hem 44 operates to keep lower garment 12 taut and/or straight, such that lower garment 12 is substantially precluded from undesirable movement”; col. 4 lines 59-62) wherein a main body (see annotated Fig. 4 – a below) extends between an upper band (see annotated Fig. 4 – a below) and the lower hem 44.
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Kaper further teaches the “Weighted hem 44 operates to keep lower garment 12 taut and/or straight, such that lower garment 12 is substantially precluded from undesirable movement”; col. 4 lines 59-62).
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 Collins such that it is provided with a lower hem comprising a weighted component for holding the lower hem in place, wherein the main body extends between the upper band and the lower hem in order to keep the garment taut and/or straight so as to substantially preclude it from undesirable movement, as taught by Kaper (col. 4 lines 59-62).
Regarding claim 2:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins further discloses wherein the upper band 120 comprises at least one of: elastic (“elastic band”; para 16), a drawstring, acrylic adhesive, silicone adhesive, medical grade foam, silicone tape, silicone gel, and silicone elastic.
Regarding claim 3:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
The modified Collins as applied to claim 1 above does not expressly teach wherein the weighted component comprises at least one of: a sew-in weight, a clip-on weight, a magnetic weight, a drapery weight, a curtain weight, weighted rope, weighted tape, and weighted packets.
One of ordinary skill would have been confronted with a choice of selecting one or more appropriate material(s) for the weighted component.
However and in further view of Kaper:
Kaper teaches a weighted component comprises a drapery weight and/or a curtain weight; i.e. “contains a material such as, for example, sand and/or polymer/resin pellets”; col. 4 lines 66-67, wherein it is noted that sand is a drapery weight in that it is capable of weighting down a drapery; sand is a curtain weight in that it is capable of weighting down a curtain; polymer/resin pellets is a drapery weight in that it is capable of weighting down a drapery; and polymer/resin pellets is a curtain weight in that it is capable of weighting down a curtain.
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 Collins such that its weighted component comprises a drapery weight and/or a curtain weight in order to yield a garment whose weighted component is configured to keep the garment taut and/or straight so as to substantially preclude it from undesirable movement, as taught by Kaper (col. 4 lines 59-62).
Regarding claim 5:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins further discloses wherein the waterproof material comprises at least one of: nylon, polyester (“polyester”; para 33), polyethylene terephthalate, pongee, plastic (“plastic”; para 33), satin, rayon, beeswax paper, acrylic, HPE, PETE, vinyl (“vinyl”; para 33), a silicone coating (“coated with...silicone”; para 33), a laminated membrane (“fabrics that are laminated”; para 33), polyurethane laminate (“laminated...with...polyurethane”; para 33), lightweight acrylic/nylon blend microfiber, rubber (“rubber”; para 33), merino wool, wax-treated organic cotton, polyacetic acid, nettle, and expanded polytetrafluoroethylene.
Regarding claim 6:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins further discloses wherein the upper band is configured to surround an upper chest of the user (Fig. 11).
Regarding claim 7:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins further discloses wherein the upper band is configured to surround a waist of the user (Fig. 10).
Regarding claim 9:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins further discloses further comprising an opening (defined by ends 610 and 605 closed by fasteners 615 and 620 as described in para 36) along a side (Fig. 6) of the main body, and a fastener (615, 620) extending along the opening (defined by ends 610 and 605 closed by fasteners 615 and 620 as described in para 36) and configured for closing the opening after the user puts on the garment (para 36).
Collins does not expressly disclose and a waterproof zipper extending along the opening and configured for closing the opening after the user puts on the garment.
However and in further view of Kaper:
Kaper teaches “FIG. 3, an alternative embodiment of lower garment 12 is shown. In this embodiment...First tab 31A...and first tab 33A...are attached to at least a portion of lower garment 14. Also, second tab 31B...may comprise a series of hooks, and second tab 33B...comprises a series of loops. In operation, second tab 31B...and second tab 33B...cooperate to provide releasable securement of lower garment 14 to at least a portion of an individual. Though this embodiment discloses hook and loop fasteners, any suitable releasable attachment means may be used, including but not limited to...a zipper”; col. 4 lines 30-46).
Kaper does not expressly teach the zipper is a waterproof zipper; however and in further view of Kaper: Kaper teaches a garment 14 wherein “All components of...garment 14 are...waterproof”; col. 5 lines 35-37).
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 Collins such that it is provided with a waterproof zipper extending along the opening and configured for closing the opening after the user puts on the garment as a simple substitution of one known element for another to obtain the predictable result of affording the capability of garment opening closure to the garment.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] and [Kaper, US 8,370,964] as applied to claim 1 above and further in view of [McKinney, US 6,676,188].
Regarding claim 4:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins does not expressly disclose wherein the weighted component is a rope or a tape that is sewn into the lower hem and that extends around an entire circumference of the lower hem.
One of ordinary skill would have been confronted with a choice of selecting one or more appropriate material(s) for the weighted component.
However, McKinney teaches a garment (Title) configured “to protect the wearer from...water splashed” (col. 1 lines 37-38) wherein a weighted component is a rope (“cable 86 or other reinforcing cable or strip in/attached to the hem to retain the shape of the hem in that area and to urge the hem down...The preferred cable 86 is a rubber rope...The preferred rubber rope, by virtue of its weight and resiliency, tends to maintain the hem in the desired shape”; the paragraph spanning cols. 4-5.
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 Collins such that its weighted component is a rope in order to maintain the hem in a desired shape as taught by McKinney (the paragraph spanning cols. 4-5).
In adopting the modification, the limitation “wherein the weighted component is a rope or a tape that is sewn into the lower hem and that extends around an entire circumference of the lower hem” would be met insofar as the modified Collis would comprise the weighted material is a rope and what follows “or” in the claim is not required by the claim.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] and [Kaper, US 8,370,964] as applied to claim 1 above and further in view of [Pearson, US 3,307,201].
Regarding claim 10:
Collins in view of Kaper teach The garment of claim 1, as set forth above.
Collins does not expressly disclose wherein the lower hem comprises a V-shape in order to direct a flow of liquid away from the user.
However, Pearson teaches a garment (“RAINCOAT”; title) configured such that liquid water (i.e. “raindrops”; col. 2 line 56; “water”; col. 3 line 24) are “sliding down the surface of the” garment (col. 2 line 56) wherein the garment comprises a lower hem 11 comprising a V-shape (“with a wide angled...V bend”; col. 3 lines 31-32; Figs. 1 and 9) in order to direct flow of liquid away from the user (col. 3 lines 23-26).
Pearson further teaches the lower hem comprising the V-shape is configured for “draining the water further away from the legs” (col. 3 lines 24-26).
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 Collins such that its lower hem comprises a V-shape in order to direct a flow of liquid away from the user in order to permit the draining of water away from the wearer’s legs, as taught by Pearson (col. 3 lines 24-26).
Claim(s) 11-13, 15-17, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] in view of [Kaper, US 8,370,964].
Regarding claim 11:
Collins discloses (Figs. 6, 10, and 11):
A garment 600 for covering at least a pelvic region of a user’s body (Fig. 10 shows garment 600 “about a person’s waist” (para 29) such that the garment is configured to cover a pelvic region; it is further noted the garment will fit wearers of different sizes differently), the garment configured for the user to wear in a shower (para 3), the garment comprising:
an upper band 120 configured to fit tightly (“tighten against the skin...tautly engaged the body”; para 37) around the user's torso (Figs. 10-11; it is further noted the garment will fit wearers of different sizes differently such that the limitation is met) in order to minimize or prevent liquid from contacting the pelvic region (“seals out water” (para 15) and therefore is configured to minimize or prevent liquid water from contacting the pelvic region) when the user wears the garment during showering (para 3);
a waterproof (para 23) material 105 that extends from the upper band 120 (Figs. 6, 10, and 11), the waterproof material configured for covering the pelvic region (Fig. 10 shows garment 600 and waterproof material 105 “about a person’s waist” (para 29) such that the garment and waterproof material are configured to cover a pelvic region; it is further noted the garment and waterproof material will fit wearers of different sizes differently), wherein the user's head, neck, and both arms are outside of the garment (as in Figs. 10-11).
Collins does not expressly disclose:
a lower hem comprising a weighted component for holding the lower hem in place,
the waterproof material that extends from the upper band to the lower hem.
However, Kaper teaches (Fig. 4) a garment 12 configured to encircle a wearer (col. 4 lines 56-57) made of a “substantially waterproof material” (col. 3 line 67) and configured to protect a user while showering (col. 1 lines 44-45) wherein the garment comprises a lower hem 44 comprising a weighted component (col. 4 lines 66-67) for holding the lower hem in place (“Weighted hem 44 operates to keep lower garment 12 taut and/or straight, such that lower garment 12 is substantially precluded from undesirable movement”; col. 4 lines 59-62) wherein a substantially waterproof (“substantially waterproof”; Abstract) material (see annotated Fig. 4 – b below) extends between an upper band (see annotated Fig. 4 – a below) and the lower hem 44.
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Kaper further teaches the “Weighted hem 44 operates to keep lower garment 12 taut and/or straight, such that lower garment 12 is substantially precluded from undesirable movement”; col. 4 lines 59-62).
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 Collins such that it is provided with a lower hem comprising a weighted component for holding the lower hem in place, and further such that the waterproof material extends from the upper band to the lower hem in order to keep the garment taut and/or straight so as to substantially preclude it from undesirable movement, as taught by Kaper (col. 4 lines 59-62).
Regarding claim 12:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins further discloses wherein the upper band 120 comprises at least one of: elastic (“elastic band”; para 16), a drawstring, acrylic adhesive, silicone adhesive, medical grade foam, silicone tape, silicone gel, and silicone elastic.
Regarding claim 13:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
The modified Collins as applied to claim 11 above does not expressly teach wherein the weighted component comprises at least one of: a sew-in weight, a clip-on weight, a magnetic weight, a drapery weight, a curtain weight, weighted rope, weighted tape, and weighted packets.
One of ordinary skill would have been confronted with a choice of selecting one or more appropriate material(s) for the weighted component.
However and in further view of Kaper:
Kaper teaches a weighted component comprises a drapery weight and/or a curtain weight; i.e. “contains a material such as, for example, sand and/or polymer/resin pellets”; col. 4 lines 66-67, wherein it is noted that sand is a drapery weight in that it is capable of weighting down a drapery; sand is a curtain weight in that it is capable of weighting down a curtain; polymer/resin pellets is a drapery weight in that it is capable of weighting down a drapery; and polymer/resin pellets is a curtain weight in that it is capable of weighting down a curtain.
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 Collins such that its weighted component comprises a drapery weight and/or a curtain weight in order to yield a garment whose weighted component is configured to keep the garment taut and/or straight so as to substantially preclude it from undesirable movement, as taught by Kaper (col. 4 lines 59-62).
Regarding claim 15:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins further discloses wherein the waterproof material comprises at least one of: nylon, polyester (“polyester”; para 33), polyethylene terephthalate, pongee, plastic (“plastic”; para 33), satin, rayon, beeswax paper, acrylic, HPE, PETE, vinyl (“vinyl”; para 33), a silicone coating (“coated with...silicone”; para 33), a laminated membrane (“fabrics that are laminated”; para 33), polyurethane laminate (“laminated...with...polyurethane”; para 33), lightweight acrylic/nylon blend microfiber, rubber (“rubber”; para 33), merino wool, wax-treated organic cotton, polyacetic acid, nettle, and expanded polytetrafluoroethylene.
Regarding claim 16:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins further discloses wherein the upper band is configured to surround an upper chest of the user (Fig. 11).
Regarding claim 17:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins further discloses wherein the upper band is configured to surround a waist of the user (Fig. 10).
Regarding claim 19:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins further discloses further comprising an opening (defined by ends 610 and 605 closed by fasteners 615 and 620 as described in para 36) along a side (Fig. 6) of the main body, and a fastener (615, 620) extending along the opening (defined by ends 610 and 605 closed by fasteners 615 and 620 as described in para 36) and configured for closing the opening after the user puts on the garment (para 36).
Collins does not expressly disclose and a waterproof zipper extending along the opening and configured for closing the opening after the user puts on the garment.
However and in further view of Kaper:
Kaper teaches “FIG. 3, an alternative embodiment of lower garment 12 is shown. In this embodiment...First tab 31A...and first tab 33A...are attached to at least a portion of lower garment 14. Also, second tab 31B...may comprise a series of hooks, and second tab 33B...comprises a series of loops. In operation, second tab 31B...and second tab 33B...cooperate to provide releasable securement of lower garment 14 to at least a portion of an individual. Though this embodiment discloses hook and loop fasteners, any suitable releasable attachment means may be used, including but not limited to...a zipper”; col. 4 lines 30-46).
Kaper does not expressly teach the zipper is a waterproof zipper; however and in further view of Kaper: Kaper teaches a garment 14 wherein “All components of...garment 14 are...waterproof”; col. 5 lines 35-37).
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 Collins such that it is provided with a waterproof zipper extending along the opening and configured for closing the opening after the user puts on the garment as a simple substitution of one known element for another to obtain the predictable result of affording the capability of garment opening closure to the garment.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] and [Kaper, US 8,370,964] as applied to claim 11 above and further in view of [McKinney, US 6,676,188].
Regarding claim 14:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins does not expressly disclose wherein the weighted component is a rope or a tape that is sewn into the lower hem and that extends around an entire circumference of the lower hem.
One of ordinary skill would have been confronted with a choice of selecting one or more appropriate material(s) for the weighted component.
However, McKinney teaches a garment (Title) configured “to protect the wearer from...water splashed” (col. 1 lines 37-38) wherein a weighted component is a rope (“cable 86 or other reinforcing cable or strip in/attached to the hem to retain the shape of the hem in that area and to urge the hem down...The preferred cable 86 is a rubber rope...The preferred rubber rope, by virtue of its weight and resiliency, tends to maintain the hem in the desired shape”; the paragraph spanning cols. 4-5.
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 Collins such that its weighted component is a rope in order to maintain the hem in a desired shape as taught by McKinney (the paragraph spanning cols. 4-5).
In adopting the modification, the limitation “wherein the weighted component is a rope or a tape that is sewn into the lower hem and that extends around an entire circumference of the lower hem” would be met insofar as the modified Collis would comprise the weighted material is a rope and what follows “or” in the claim is not required by the claim.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Collins, US 2012/0144547] and [Kaper, US 8,370,964] as applied to claim 11 above and further in view of [Pearson, US 3,307,201].
Regarding claim 20:
Collins in view of Kaper teach The garment of claim 11, as set forth above.
Collins does not expressly disclose wherein the lower hem comprises a V-shape in order to direct a flow of liquid away from the user.
However, Pearson teaches a garment (“RAINCOAT”; title) configured such that liquid water (i.e. “raindrops”; col. 2 line 56; “water”; col. 3 line 24) are “sliding down the surface of the” garment (col. 2 line 56) wherein the garment comprises a lower hem 11 comprising a V-shape (“with a wide angled...V bend”; col. 3 lines 31-32; Figs. 1 and 9) in order to direct flow of liquid away from the user (col. 3 lines 23-26).
Pearson further teaches the lower hem comprising the V-shape is configured for “draining the water further away from the legs” (col. 3 lines 24-26).
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 Collins such that its lower hem comprises a V-shape in order to direct a flow of liquid away from the user in order to permit the draining of water away from the wearer’s legs, as taught by Pearson (col. 3 lines 24-26).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732