DETAILED ACTION
This is in response to application filed on February 26th, 2025 in which claims 1-20 are presented for examination.
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 .
Priority
Examiner notes that the claims are being examined with effective filing date of 2/26/25, as the current claims are not supported by the provisional filed 2/26/24. At the least:
Claim 1 Line 4 “cutouts” is of different metes and bounds than the provisional’s disclosure of “openings”
Claim 12 and 19 “accessible edge” and related recitations are not supported by provisional’s disclosure on page 2 Lines 21-26
Claim 19 “at least one hole” is broader than the provisional’s disclosure of a single hole
Claim 19’s material properties is more extensive than the provisional’s disclosure
Any inadvertently omitted subject matter missing from the non-provisional but present in the provisional can be copied into the non-provisional application with explicit indication by applicant as to where the provisional support is located; however, any claims that have subject matter with support only in the non-provisional will result in the claim being examined under the non-provisional date
Drawings
The drawings are objected to for the following informalities:
Fig. 7 currently illustrates that attachment mechanism 25 has the same extent as flap 20; however, based on the types of attachment mechanisms disclosed for attachment mechanism 25 (see Claims 9, 20), review is recommended of the illustration; for example, how can a single button mechanism extend the same length as flap 20?; examiner notes that provisional page 3 Lines 3-4 discloses that there can be one gown fastener positioned at each corner of a panel, resulting in four gown fasteners, or having only a fastener at the top; however, neither is what is illustrated in Fig. 7
Figs. 1 and 9 seem to be the same figure; it is unclear what the differentiation is meant to be in the specification; should the Figures be the same, one of the figures should be deleted and the specification updated
The drawings are further objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference sign(s) not mentioned in the description:
Figs. 1, 9, 10 have element “201” not in the specification
No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
Examiner notes that an opening as described on page 1 Line 24 is not illustrated, as the accessible edge 50 is not at the collar
Page 5 Line 23 delete “Fig. 9” and substitute –Fig. 11—as that is where interior 60 is labeled
Review is needed of page 7 Lines 1-4 “front panel 111 and the rear panel 112 are secured together along lateral sides such that one of the lateral sides, an accessible edge 50, is adjustably coupled together, enabling a user to open the body 10 of the hospital garment 1”—a single side cannot be coupled “together”; as best understood, the recitation means that a front panel lateral side and a rear panel lateral side couple together to form an accessible edge; examiner may suggest “one of the lateral sides on each panel forms an accessible edge 50 of garment 1 and are adjustably coupled together”
Page 7 Line 10 delete “entirely” and substitute –entirety--
Appropriate correction is required.
Claim Objections
Claim(s) 2, 3, 5-12, 16-20 is/are objected to because of the following informalities:
Claim 2 Line 2 before “at least one hole” delete “an”
Claim 2 Line 3 before “hole” add –at least one—for proper antecedent basis
Claim 3 Lines 17-22, 24, 25 delete “opening” and substitute –cutout—
Claim 5 Lines 10-11 delete “and combinations thereof” as Claim 5 already establishes that there is at least one material property; otherwise, Claim 5 should read “a material with a material property selected from the group consisting of” for proper Markush, see MPEP 803.02(II)
Claim 6 Line 2 “front panel and a rear panel” should be better related to “front portion” and “rear portion” of Claim 1 Line 7, such as “wherein the front portion comprises a front panel and the rear portion comprises a rear panel”
Claim 6 Line 5 after “edge” add comma
Claim 7 Line 2 before “wherein” add comma
Claim 7 Line 2 after “selected from” add –the group consisting of—for proper Markush; otherwise the claim can read “wherein said connection member is a hook and loop fastener mechanism or an adhesive”
Claim 8 after “1” add comma
Claim 9 Line 2 after “selected from” add –the group consisting of—
Claim 9 Line 3 before “at least one hook” delete “an”
Claim 9 Line 3 before “at least one tie” delete “an”
Claim 10 after “1” add comma
Claim 11 Line 2 before “at least one hook” delete “an”
Claim 11 Line 2 before “wherein” add comma
Claim 11 Line 2 before “hook is disposed” add –at least one—
Claim 11 Line 2 before “portion” delete “inwardly” and substitute –interior—
Claim 12 Line 14 before “opening” delete “the” and substitute –an—for proper antecedent basis; however, see related 112(b) rejection below
Claim 16 Line 2 before “at least one hole” delete “an”
Claim 16 Line 2 before “wherein” add comma
Claim 17 Line 1 after “12” add comma
Claim 17 Line 2 before “wherein” add comma
Claim 18 Line 2 before “at least one loop” delete “an”
Claim 18 Line 2 before “wherein” add comma
Claim 18 Line 2 before “loop is disposed” add –at least one—
Claim 18 Line 2 before “portion” delete “inwardly” and substitute –interior—
Claim 19 Line 13 after “member” add comma
Claim 19 Line 14 before “opening” delete “the” and substitute –a--; however, see related 112(b) rejection
Claim 19 Line 16 after “further comprising” delete “an”
Claim 19 Line 19 before “at least one” delete “an”
Claim 19 Lines 27-28 delete “and combinations thereof” as Claim 19 already establishes that there is at least one material property; otherwise, Claim 19 should read “a material with a material property selected from the group consisting of” for proper Markush, see MPEP 803.02(II)
Claim 20 Line 1 after “19” add comma
Claim 20 Line 2 delete semicolon
Claim 20 Line 3 after “selected from” add –the group consisting of—
Claim 20 Line 4 before “at least one” delete “an”
Claim 20 Line 5 before “at least one” delete “an”
Disagreement with any of the aforementioned may warrant at least a 112(b) indefiniteness rejection without constituting a new rejection
Appropriate correction is required.
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.
Claim(s) 1-20 is/are rejected under U.S.C. 112(b).
The term “a garment” in Claim 1 Line 6 is unclear and therefore renders the claim indefinite. It is unclear how this term differs from “garment” in the preamble. For the purposes of applying art and providing rejections, the term will be considered as already met by the preamble.
The term “frontward portion” in Claim 3 Line 14 is unclear and therefore renders the claim indefinite. It is unclear how this term differs from Claim 1 Line 7 “front portion”; it is unclear if the terms are the same or if the term is meant to indicate an exterior surface of a front portion; for the purposes of applying art and providing rejections, the terms will be considered the same.
The term “rearward portion” in Claim 3 Line 16 is unclear and therefore renders the claim indefinite. It is unclear how this term differs from Claim 1 Line 7 “rear portion”; it is unclear if the terms are the same or if the term is meant to indicate an exterior surface of a rear portion; for the purposes of applying art and providing rejections, the terms will be considered the same.
The term “a garment” in Claim 12 Line 7 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 Line 6 and will be similarly interpreted.
The term “connection member facilitates the opening and concealment of the body along the accessible edge” in Claim 12 Lines 14-15 is unclear and therefore renders the claim indefinite—specifically the combination of the use of “concealment” and “body”. Claim 12 established “body” as the garment; it is unclear how the connection member of the accessible edge facilities concealment of the garment body. Either there is 1) concealment of a human body (page 6 Line 7), or there is 2) a securement of a garment body (page 7 Lines 4-7). Specifically, 1) If the claim meant to functionally claim a human body based on disclosure on page 6 Line 7, such that it reads “connection member configured to facilitate an opening of the accessible edge and a concealment of a human body”;—examiner notes that the term “body” in Line 14 is directed to a human body, it must be clearly differentiated from garment “body”; otherwise, the term “body” in the dependent claims will also have indefiniteness issues; or 2) if the claim meant to claim the garment body based on disclosure on page 7 Lines 4-7, such that it reads “connection member opens and secures the accessible edge of the body.”
The term “a pocket” in Claim 17 is unclear and therefore renders the claim indefinite. Claim 12 Line 11, on which Claim 17 depends, already establishes “a pocket.” As such, the two terms need to be differentiated, especially such that “said pocket” in Claim 17 is not further indefinite as to which pocket it refers. If the term “external pocket” is not desired, applicant can utilize “first pocket” and “second pocket.” For the purposes of applying art and providing rejections, the terms will be considered different.
The term “a garment” in Claim 19 Line 7 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 1 Line 6 and will be similarly interpreted.
The term “connection member facilitates the opening and concealment of the body along the accessible edge” in Claim 19 Lines 14-15 is unclear and therefore renders the claim indefinite for reasons similarly indicated for Claim 12 Lines 14-15.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Interpretation
Regarding Claim(s) 1, 3, 12, 13, 19-- the recitations are being treated as a product-by-process limitation. It is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 697, 227 USPQ 964, 966 (Fed. Cir. 1985). A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art; more specifically, the structure of Claim(s) 1, 3, 12, 13, 19 for the term “cutout(s)” is any opening.
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.
FIRST REJECTION: Claim(s) 1-4, 6-9, 12-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piraka (USPN 7181773) in view of Gorman (US Publication 2008/0115253).
Regarding Claim 1, Piraka teaches a hospital garment (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; nevertheless, see Fig. 1; abstract "hospital gown") comprising:
a body (see Fig. 1);
a plurality of flaps (see Fig. 1; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown");
a plurality of cutouts (11, 12; see claim interpretation; the recitation “cutouts” is being treated as a product-by-process limitation. Therefore, even if Piraka’s openings result in different structural characteristics of the end product than other opening-forming methods, it still would have been prima facie obvious at the time the invention was made to use the method of making the openings in the Piraka reference above as claimed since such a process is a well-known technique in the art; in other words, the openings of Piraka teaches the cutouts of Claim 1 because it has the structure of Claim 1); wherein:
the body being a garment wherein the plurality of cutouts are disposed amongst a front portion (see Fig. 1)
the body having a rear portion (see Figs. 1, 3),
the plurality of flaps adjustably concealing the plurality of cutouts such that each flap adjustably conceals a respective cutout (see Fig. 1; Col. 2 Lines 61-66); and
one of the flaps of the plurality of flaps comprising a pocket (see Fig. 1, wherein panel/flap 14 has pocket 21; Col. 3 Lines 33-34 "On the front of the detachable panel 14 there is a small rectangular pocket 21").
Piraka does not explicitly teach wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body.
Gorman teaches wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body (see Figs. 1, 2; abstract "medical garment"; [0038] "breast flap 12 and abdomen flap 14"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0036] "breast flap 12 and abdomen flap 14 are tucked into a breast opening 16 and an abdominal opening 18"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0042] "in embodiments where flaps are disposed on both the front and back of the gown, the closure 38 may be disposed on the side of the gown…held closed along the length of the gown by …ties, buttons, zippers, or hook and loop fasteners").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the side closure and Fig. 2 rear portion spinal flap/opening of Gorman depending on the areas desired for access while providing for modesty ([0005]), especially in a medical garment, which Piraka is as well (Col. 1 Lines 5-8).
Regarding Claim 2, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka further teaches wherein the flap comprising the pocket further comprises an at least one hole such that the at least one hole extends through the respective flap and said hole is concealed within the pocket (see Fig. 1; Col. 3 Lines 39-41 "In the pocket 21, directly behind the small rectangular sheet 24, is an aperture 25 for routing wiring to the patient's chest wall").
Regarding Claim 3, modified Piraka teaches all the claimed limitations as discussed above in Claim 2.
Modified Piraka further teaches wherein: the plurality of flaps comprises:
a chest flap (see Piraka Fig. 1; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown"; Col. 3 Lines 50-52 "large opening 11 which allows access to the patient's shoulders and chest wall"; Piraka teaches the flap 14 which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for the chest, especially in light of the recitations),
a thigh flap (see Piraka Fig. 1; Col. 3 Lines 52-53; "transverse opening…for quick and easy access to the patients' abdominal areas"; Col. 3 Lines 57-62 "transverse opening…covered with a detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or ...button, zipper or hook and loop type fastener"; Piraka teaches the flap 15 which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a thigh, especially as it depends on the size of the user),
a back flap (see Gorman Fig. 2; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"); and
the plurality of cutouts comprises:
a chest cutout (see Piraka Fig. 1 for 11; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown"; Col. 3 Lines 50-52 "large opening 11 which allows access to the patient's shoulders and chest wall"; Piraka teaches the opening 11 which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for the chest, especially in light of the recitations); and
a thigh cutout (see Piraka Fig. 1; Col. 2 Lines 61-66; Col. 3 Lines 52-53; "transverse opening…for quick and easy access to the patients' abdominal areas"; Col. 3 Lines 57-62 "transverse opening…covered with a detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or ...button, zipper or hook and loop type fastener"; Piraka teaches the opening 12 which meets the structural limitations in the claims and performs the functions as recited such as being capable of being for a thigh, especially as it depends on the size of the user);
a back cutout (see Gorman Fig. 2; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"); and
the chest flap, the thigh flap, the chest cutout, and the thigh cutout are disposed on a frontward portion of the body (as best understood in light of the 112(b) rejections--see Piraka Fig. 1);
the back flap, the back cutout are disposed on a rearward portion of the body (see Gorman Fig. 2);
the chest flap being attached adjacent to the chest opening such that the chest flap adjustably conceals the chest opening (see Piraka Fig. 1 for attached adjacent; Piraka teaches the chest flap and opening which meets the structural limitations in the claims and performs the functions as recited such as being capable of adjustably concealing, especially in light of fasteners 20 in Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown");
the thigh flap being attached adjacent to the thigh opening such that the thigh flap adjustably conceals the thigh opening (see Piraka Fig. 1 for attached adjacent; Piraka teaches the thigh flap and opening which meets the structural limitations in the claims and performs the functions as recited such as being capable of adjustably concealing, especially in light of fasteners 20 in Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown");
the back flap being attached adjacent to the back opening such that the back flap adjustably conceals the back opening (see Gorman Fig. 2 for attached adjacent; Gorman teaches the back flap and opening which meets the structural limitations in the claims and performs the functions as recited such as being capable of adjustably concealing in light of [0038] that the flap can have a closed configuration and therefore an opened configuration); and
Modified Piraka does not explicitly teach a lower back flap,
a lower back cutout,
the lower back flap and the lower back cutout are disposed on a rearward portion of the body,
the lower back flap being attached adjacent to the lower back opening such that the lower back flap adjustably conceals the lower back opening.
However, Gorman Fig. 3 embodiment teaches a lower back flap (see Fig. 3; [0015] “Fig. 3…flaps for proctological examinations”; [0039] “proctological examination flap 30 covering a proctological opening…32 disposed at…the gown 10, permitting access”; [0010] “the gown may have various combinations of flaps”),
a lower back cutout (32),
the lower back flap and the lower back cutout are disposed on a rearward portion of the body (see Fig. 3),
the lower back flap being attached adjacent to the lower back opening such that the lower back flap adjustably conceals the lower back opening (see Gorman Fig. 3 for attached adjacent; Gorman teaches the lower back flap and opening which meets the structural limitations in the claims and performs the functions as recited such as being capable of adjustably concealing in light of [0039] that the flap can have an access configuration and therefore a non-access configuration).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s gown with the combination of Gorman’s Figs. 2, 3 embodiment rear back and lower back flaps depending on the areas desired for access while providing for modesty ([0005]), especially in a medical garment, which Piraka is as well, especially as Gorman teaches the combinations.
Regarding Claim 4, modified Piraka teaches all the claimed limitations as discussed above in Claim 3.
Piraka further teaches wherein the pocket is disposed on the chest flap (see Fig. 1).
Regarding Claim 6, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka further teaches wherein the body is composed of a front panel and a rear panel (see Fig. 1; Col. 3 Lines 63-65 "bottom portions 13 of the sides of the gown 10 are divided for a short distance to allow easy access to the [patient's] groin and pelvis areas");
the front panel and the rear panel are coupled along opposing lateral edges (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners");
the front panel and the rear panel are joined at an accessible edge (see Fig. 1)
wherein said accessible edge removably couples the front panel to the rear panel along one of the lateral edges (see Fig. 1; Col. 3 Lines 65-67; Piraka teaches the accessible edge, the lateral edges of the front and rear panel, and the fasteners which meets the structural limitations in the claims and performs the functions as recited such as being capable of the recitation).
Regarding Claim 7, modified Piraka teaches all the claimed limitations as discussed above in Claim 6.
Piraka further teaches wherein the accessible edge comprises a connection member (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"),
wherein said connection member is selected from a hook and loop fastener mechanism and an adhesive (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"; wherein already indicated 20 can be hook and loop--Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener").
Regarding Claim 8, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka further teaches wherein the flap(s) on the front portion of the plurality of flaps is removably coupled to the body through an attachment mechanism (Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown"; for 14-- Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"; for 15-- Col. 3 Lines 58-62 "detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or other widely used fastener, such as a button, zipper or hook and loop type fastener"),
such that said attachment mechanism is selected from an adhesive, a hook and loop fastener, a zipper mechanism, a snap mechanism, a button mechanism, an at least one hook, an at least one tie, and combinations thereof (Col. 3 Lines 22-25; Col. 3 Lines 58-62).
Modified Piraka does not explicitly teach the flap of the rear portion of the plurality of flaps is removably coupled to the body through an attachment mechanism.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s rear flap as provided by Gorman to have attachment mechanisms similar to Piraka’s for consistency in securement for modesty purposes in a medical garment ([0005]), which Piraka is directed to as well (Col. 1 Lines 5-8).
Regarding Claim 9, modified Piraka teaches all the claimed limitations as discussed above in Claim 8.
Modified Piraka further teaches wherein the attachment mechanism is selected from an adhesive, a hook and loop fastener, a zipper mechanism, a snap mechanism, a button mechanism, an at least one hook, an at least one tie, and combinations thereof (Piraka Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown"; for 14-- Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"; for 15-- Col. 3 Lines 58-62 "detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or other widely used fastener, such as a button, zipper or hook and loop type fastener").
Regarding Claim 12, Piraka teaches a hospital garment (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; nevertheless, see Fig. 1; abstract "hospital gown") comprising:
a body (see Fig. 1);
a plurality of flaps (see Fig. 1; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown");
a plurality of cutouts (11, 12; see claim interpretation; the recitation “cutouts” is being treated as a product-by-process limitation. Therefore, even if Piraka’s openings results in different structural characteristics of the end product than other opening-forming methods, it still would have been prima facie obvious at the time the invention was made to use the method of making the opening in the Piraka reference above as claimed since such a process is a well-known technique in the art; in other words, the openings of Piraka teaches the cutouts of Claim 12 because it has the structure of Claim 12);
an accessible edge (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"); wherein:
the body being a garment wherein the plurality of cutouts are disposed amongst a front portion (see Fig. 1)
the body having a rear portion (see Figs. 1, 3),
the plurality of flaps adjustably concealing the plurality of cutouts such that each flap adjustably conceals a respective cutout (see Fig. 1; Col. 2 Lines 61-66); and
one of the flaps of the plurality of flaps comprising a pocket (see Fig. 1, wherein panel/flap 14 has pocket 21; Col. 3 Lines 33-34 "On the front of the detachable panel 14 there is a small rectangular pocket 21");
the accessible edge traversing laterally along the body (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"; wherein already indicated 20 can be hook and loop--Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"); and
the accessible edge comprising a connection member (Col. 3 Lines 22-25)
wherein said connection member facilitates the opening and concealment of the body along the accessible edge (as best understood in light of the 112(b) rejections—Piraka teaches the connection member, the accessible edge which meets the structural limitations in the claims and performs the functions as recited such as being capable of opening/closing the edge of the garment body to reveal/conceal a wearer’s body).
Piraka does not explicitly teach wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body.
Gorman teaches wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body (see Figs. 1, 2; abstract "medical garment"; [0038] "breast flap 12 and abdomen flap 14"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0036] "breast flap 12 and abdomen flap 14 are tucked into a breast opening 16 and an abdominal opening 18"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0042] "in embodiments where flaps are disposed on both the front and back of the gown, the closure 38 may be disposed on the side of the gown…held closed along the length of the gown by …ties, buttons, zippers, or hook and loop fasteners").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the side closure and Fig. 2 rear portion spinal flap/opening of Gorman depending on the areas desired for access while providing for modesty ([0005]), especially in a medical garment, which Piraka is as well (Col. 1 Lines 5-8).
Regarding Claim 13, modified Piraka teaches all the claimed limitations as discussed above in Claim 12.
Piraka further teaches wherein each of the flaps of the plurality of flaps are attached to the body adjacent to a respective cutout of the plurality of cutouts (see Piraka Fig. 1; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown"; see Gorman Fig. 2 rear).
Regarding Claim 14, modified Piraka teaches all the claimed limitations as discussed above in Claim 13.
Modified Piraka further teaches wherein each of the plurality of flaps are permanently attached to the body on a single connected edge (Piraka Col. 2 Lines 61-66 wherein 14 is capable of being permanently attached on a single connected edge; see Piraka 15, Gorman Fig. 2 rear);
each of the flap(s) of the front portion of the plurality of flaps further comprising an attachment mechanism (see Piraka for 14-- Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"; for 15-- Col. 3 Lines 58-62 "detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or other widely used fastener, such as a button, zipper or hook and loop type fastener").
Modified Piraka does not explicitly teach the flap of the rear portion of the plurality of flaps further comprising an attachment mechanism.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s rear flap as provided by Gorman to have attachment mechanisms similar to Piraka’s for consistency in securement for modesty purposes in a medical garment ([0005]), which Piraka is directed to as well (Col. 1 Lines 5-8).
As such, modified Piraka teaches said attachment mechanism removably coupling each respective flap to the body such that disengagement of the attachment mechanism enables said respective flaps to fold about the connected edge (Col. 3 Lines 1-2 “gown 10 is …made of…cotton, rayon and polyester but may also be made of disposable fibrous or plastic materials”; modified Piraka teaches the attachment mechanism of each flap and body along with a foldable material of the flap which meets the structural limitations in the claims and performs the functions as recited such as being capable of removably coupling between the flap/body as a fold about the connected edge, especially as Piraka is of material capable of folding).
Regarding Claim 15, modified Piraka teaches all the claimed limitations as discussed above in Claim 12.
Piraka further teaches wherein the pocket is an outwardly facing pocket (Fig. 1).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piraka (USPN 7181773) in view of Gorman (US Publication 2008/0115253), further in view of Burke et al (US Publication 2020/0154801), herein Burke.
Regarding Claim 5, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka does not explicitly teach composed of a material comprising at least one material property from a list consisting of: breathability; moisture wicking; anti-microbial; anti-static; odor resistant; stain resistant; durable; temperature regulating; and combinations thereof.
However, Piraka does teach composed of a material comprising polyester or other materials (Col. 3 Lines 1-3 "The gown 10 is reusable and made of thin sheets of fabric, such as cotton, rayon and polyester but may also be made of disposable fibrous or plastic materials").
Burke teaches a polyester material composed of a material comprising at least one material property from a list consisting of: breathability; moisture wicking; anti-microbial; anti-static; odor resistant; stain resistant; durable; temperature regulating; and combinations thereof (see Fig. 1; [0002] "gowns for medical procedures"; [0023] The body-covering portion 102 of the gown 100 can optionally include multiple layers, such as a textile layer manufactured from a cotton-polyester blend and a water resistant lining coupled thereto that prevents the passage of fluids through the body-covering portion 102. Similarly, antimicrobial or antibacterial coatings or treatments may be applied to the material forming the gown 100 as well").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s polyester with the cotton-polyester blend with antimicrobial coatings taught by Burke as a simple substitution of one known material for another in a medical garment, which Piraka is as well, for sanitary purposes.
Claim(s) 10, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piraka (USPN 7181773) in view of Gorman (US Publication 2008/0115253), further in view of Leger et al (USPN 6574800), herein Leger.
Regarding Claim 10, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka does not explicitly teach wherein the body further comprises an external pocket.
Leger teaches wherein the body further comprises an external pocket (see Figs. 2, 3; Col. 3 Lines 17-21 "garments that can be worn...that provide support and access to fluidic apparatus on the outside of the garments, while allowing for fashion, modesty, and discretion during a recovery process"; Col. 5 Lines 52-55 "support pocket 20, located at a convenient location, e.g. generally near to or at the front or a side of the torso portion 16, on the outside of the garment").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the external pocket of Leger in order to carry apparatus in a desirable position (Col. 5 Lines 52-53), especially as known in the art to have additional external pockets in a medical garment for modesty (extrinsic evidence Hudak et al 2014/0301850), which Piraka is for as well (Col. 1 Lines 5-8).
Regarding Claim 17, modified Piraka teaches all the claimed limitations as discussed above in Claim 12.
Piraka does not explicitly teach wherein the body further comprises a pocket
wherein said pocket is disposed on a thigh portion of the body.
Leger further teaches wherein the body further comprises a pocket (as best understood in light of the 112(b) rejections-- see Figs. 2, 3; Col. 3 Lines 17-21 "garments that can be worn...that provide support and access to fluidic apparatus on the outside of the garments, while allowing for fashion, modesty, and discretion during a recovery process"; Col. 5 Lines 52-55 "support pocket 20, located at a convenient location, e.g. generally near to or at the front or a side of the torso portion 16, on the outside of the garment"),
wherein said pocket is disposed on a thigh portion of the body (see Figs. 2, 3; Leger teaches the pocket which meets the structural limitations in the claims and performs the functions as recited such as being capable of being at a thigh portion of the garment body depending on the size of the user).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the external pocket of Leger in order to carry apparatus in a desirable position (Col. 5 Lines 52-53), especially as known in the art to have additional external pockets in a medical garment for modesty (extrinsic evidence Hudak et al 2014/0301850), which Piraka is for as well (Col. 1 Lines 5-8).
Claim(s) 11, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piraka (USPN 7181773) in view of Gorman (US Publication 2008/0115253), further in view of Crites (USPN 8516613).
Regarding Claim 11, modified Piraka teaches all the claimed limitations as discussed above in Claim 1.
Piraka does not explicitly teach wherein the body further comprises an at least one hook
wherein said hook is disposed on an inwardly portion of the body.
Crites teaches wherein the body further comprises an at least one hook (see Fig. 1; Col. 4 Lines 48-50 "The shirt 1 can also include a pair of inner drain tube straps 19 w/hook and loop fastening means to keep internal drain tubes in place")
wherein said hook is disposed on an inwardly portion of the body (Col. 4 Lines 48-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the inner hook of Crites to hold medical devices in place, especially for those from the pocket, which Piraka has as well.
Regarding Claim 18, modified Piraka teaches all the claimed limitations as discussed above in Claim 12.
Piraka does not explicitly teach wherein the body further comprises an at least one loop
wherein said loop is disposed on an inwardly portion of the body.
Crites further teaches wherein the body further comprises an at least one loop (see Fig. 1; Col. 4 Lines 48-50 "The shirt 1 can also include a pair of inner drain tube straps 19 w/hook and loop fastening means to keep internal drain tubes in place")
wherein said loop is disposed on an inwardly portion of the body (Col. 4 Lines 48-50).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the inner hook of Crites to hold medical devices in place, especially for those from the pocket, which Piraka has as well.
SECOND REJECTION: Claim(s) 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Piraka (USPN 7181773) in view of Gorman (US Publication 2008/0115253) and Burke et al (US Publication 2020/0154801), herein Burke.
Regarding Claim 19, Piraka teaches a hospital gown (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; nevertheless, see Fig. 1; abstract "hospital gown") comprising:
a body (see Fig. 1);
a plurality of flaps (see Fig. 1; Col. 2 Lines 61-66 "hospital gown 10…with two openings 11, 12 on the front…a pair of panels 14, 15 for closing the openings 11, 12, quick release fasteners 20 for attaching the panels 14, 15 to the gown");
a plurality of cutouts (11, 12; see claim interpretation; the recitation “cutouts” is being treated as a product-by-process limitation. Therefore, even if Piraka’s openings results in different structural characteristics of the end product than other opening-forming methods, it still would have been prima facie obvious at the time the invention was made to use the method of making the openings in the Piraka reference above as claimed since such a process is a well-known technique in the art; in other words, the openings of Piraka teaches the cutout of Claim 19 because it has the structure of Claim 19); wherein:
an accessible edge (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"); wherein:
the body being a garment wherein the plurality of cutouts are disposed amongst a front portion (see Fig. 1)
the body having a rear portion (see Figs. 1, 3),
the plurality of flaps adjustably concealing the plurality of cutouts such that each flap adjustably conceals a respective cutout (see Fig. 1; Col. 2 Lines 61-66); and
at least one of the flaps of the plurality of flaps comprising a pocket (see Fig. 1, wherein panel/flap 14 has pocket 21; Col. 3 Lines 33-34 "On the front of the detachable panel 14 there is a small rectangular pocket 21");
the accessible edge traversing laterally along the body (see Fig. 1; Col. 3 Lines 65-67 "lowermost corners of the divided portions 13 are joined together with conventional snaps 20 or other suitable fasteners"; wherein already indicated 20 can be hook and loop--Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"); and
the accessible edge comprising a connection member (Col. 3 Lines 22-25)
wherein said connection member facilitates the opening and concealment of the body along the accessible edge (as best understood in light of the 112(b) rejections—Piraka teaches the connection member, the accessible edge which meets the structural limitations in the claims and performs the functions as recited such as being capable of opening/closing the edge of the garment body to reveal/conceal a wearer’s body);
the at least one flap comprising the pocket further comprising an at least one hole (Col. 3 Lines 39-41 "In the pocket 21, directly behind the small rectangular sheet 24, is an aperture 25 for routing wiring to the patient's chest wall")
such that said at least one hole is concealed within said pocket (Col. 3 Lines 39-41).
Piraka does not explicitly teach wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body.
Gorman teaches wherein the plurality of cutouts are disposed amongst a front portion and a rear portion of the body (see Figs. 1, 2; abstract "medical garment"; [0038] "breast flap 12 and abdomen flap 14"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0036] "breast flap 12 and abdomen flap 14 are tucked into a breast opening 16 and an abdominal opening 18"; [0038] "back of the gown 10 comprises a spinal flap 24 that covers a spinal opening 26"; [0042] "in embodiments where flaps are disposed on both the front and back of the gown, the closure 38 may be disposed on the side of the gown…held closed along the length of the gown by …ties, buttons, zippers, or hook and loop fasteners").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka with the side closure and Fig. 2 rear portion spinal flap/opening of Gorman depending on the areas desired for access while providing for modesty ([0005]), especially in a medical garment, which Piraka is as well (Col. 1 Lines 5-8).
Piraka does not explicitly teach composed of a material comprising at least one material property from a list consisting of: breathability; moisture wicking; anti-microbial; anti-static; odor resistant; stain resistant; durable; temperature regulating; and combinations thereof.
However, Piraka does teach composed of a material comprising polyester or other materials (Col. 3 Lines 1-3 "The gown 10 is reusable and made of thin sheets of fabric, such as cotton, rayon and polyester but may also be made of disposable fibrous or plastic materials").
Burke teaches a polyester material composed of a material comprising at least one material property from a list consisting of: breathability; moisture wicking; anti-microbial; anti-static; odor resistant; stain resistant; durable; temperature regulating; and combinations thereof (see Fig. 1; [0002] "gowns for medical procedures"; [0023] The body-covering portion 102 of the gown 100 can optionally include multiple layers, such as a textile layer manufactured from a cotton-polyester blend and a water resistant lining coupled thereto that prevents the passage of fluids through the body-covering portion 102. Similarly, antimicrobial or antibacterial coatings or treatments may be applied to the material forming the gown 100 as well").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s polyester with the cotton-polyester blend with antimicrobial coatings taught by Burke as a simple substitution of one known material for another in a medical garment, which Piraka is as well, for sanitary purposes.
Regarding Claim 20, modified Piraka teaches all the claimed limitations as discussed above in Claim 19.
Piraka further teaches wherein the flap(s) on the front portion of the plurality of flaps is removably coupled to the body through an attachment mechanism (for 14-- Col. 3 Lines 22-25 "periphery of the large detachable panel 14 is joined to the gown 10 with a series of spaced apart conventional snap fasteners 20 or another widely used quick release fastener such as a zipper, button or hook and loop type fastener"; for 15-- Col. 3 Lines 58-62 "detachable panel 15 that is joined to the gown 10 along a top margin 28 by sewing and along a bottom margin 29 to the gown 10 with a single conventional snap 20 or other widely used fastener, such as a button, zipper or hook and loop type fastener"),
such that said attachment mechanism is selected from an adhesive, a hook and loop fastener, a zipper mechanism, a snap mechanism, a button mechanism, an at least one hook, an at least one tie, and combinations thereof (Col. 3 Lines 22-25; Col. 3 Lines 58-62).
Modified Piraka does not explicitly teach the flap of the rear portion of the plurality of flaps is removably coupled to the body through an attachment mechanism.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Piraka’s rear flap as provided by Gorman to have attachment mechanisms similar to Piraka’s for consistency in securement for modesty purposes in a medical garment ([0005]), which Piraka is directed to as well (Col. 1 Lines 5-8).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be used to formulate a rejection if necessary: Monardo (USPN 9999265), Fredrickson (USPN 9894945) directed to privacy gown having pocket covering hole; Scott (USPN 2476513) directed to pocket interior of a flap; Theodossiou (US Publication 2015/0101102) directed to garment with front flap forming a pocket; Nwawka (US Publication 2006/0031976) directed to plurality of flaps; Kovensky (USPN 8821461), Hieber et al (US Publication 2015/0157069) directed to flap hole concealed within pocket; Cook (USPN 10271594) directed to front/rear panels coupled along opposing edges and joined at an accessible edge with connection member; Previdi et al (USPN 3116491), Hatton (US Publication 2005/022346), McCray (US Publication 2025/0204623) directed to front/rear panel joined at accessible edge; Arizmendi (US Publication 2021/0329984) directed to external pocket; Beuk (USPN 6973673), Orona (US Publication 2025/0031784), Griffin (US Publication 2022/0346463), Villapiano (USPN 6032289) directed to inner body hook; Hunter (US Publication 2008/0312615) directed to removable pocket; Ladra (US publication 2010/0299803), Feodoroff (US Publication 2007/0245450), Lindsey (US Publication 2020/0214372), Truitt et al (USPN 5133086), Faccini (USPN 4805241), Thomm (USPN 5454119), Kahl (USPN 5090059), Wolf (US Publication 2020/0397073) directed to hinge being at bottom; Groom (US Publication 2005/0246823), Mattick (US Publication 2013/0104281), Winner (USPN 10542783), Dawson (USPN 11202477), Emanuel et al (US Publication 2015/0196006), Strong et al (US Publication 2022/0132944) directed to insignia; Schultz et al (USPN 12256793) directed to opening being across shoulders and down lateral.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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/GRACE HUANG/Primary Examiner, Art Unit 3732