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 without traverse of Species B (Figs. 17A-17C, 20, and 21A-C) in the reply filed on October 27, 2025 is acknowledged.
Accordingly, claims 1-11 are pending in this application, with an action on the merits to follow regarding claims 1-11.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3, 8, and 11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12245649 in view of Herzog (US 2012/0060257).
Each of the limitations of claims 1-3, 8, and 11 of the instant applicant can be found in claim 1 of US 12245649 except, “wherein the right side of the back portion and the left side of the back portion are joined together to define a back of a neckline of the patient blouse at a top of the second fastening region”. However, Herzog teaches patient garments wherein the right side of the back portion and the left side of the back portion (see annotated Fig. 4) are joined together (via at tie 460 at neckline 410) to define a back of a neckline (410 on the rear side) of the patient blouse at a top of the second fastening region (as can be seen in Fig. 4). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to secure the left and right sides of the back portion together to defining a back of a neckline at the top of the second fastening region as taught by Herzog in order to draw the garment more snuggly around the neck of the wearer to preserve modesty and warmth.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the front portion including at least one coupling device configured to couple the right side of the front portion to a respective coupling device on a top portion of the right side (claim 6) and the right side of the front portion is configured to couple to the respective coupling device on the top portion of the right side while the left side is in a closed position (claim 7, Examiner notes only the left side is shown in Fig. 17C as having these features while the right side appears incapable of such limitation as it is a sideways V shape) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to because Fig. 20 does not include lead lines or a bracket to show how the components are interconnected.
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 use of the term “VELCRO” (paras. 0011 and 0097) and “Velcro” (para. 0092), which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term. For example, Applicant should amend to each appearance to recite, “VELCRO® (hook and loop fastener)”.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fastening device” in claims 1, 4;
“coupling device” in claims 6-7;
“fastening device in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, and 8 (and claims 2-3, 5-7, and 9-11 at least for depending from a rejected claim) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is indefinite as it recites, “a top of the second fastening region”. As claim 1 also recites, “wherein the back portion includes a second fastening region extending from a top of the back portion to a bottom of the back portion”, it is unclear if the top of the second fastening region and the top of the back portion are two different structures or are the same structure. For purposes of examination, Examiner has interpreted the top of the second fastening region to be the top of the back portion.
Claim 4 is indefinite as it recites, “wherein the first fastening region is positioned along a neckline of the patient blouse”. As claim 1 recites, “wherein the right side of the back portion and the left side of the back portion are joined together to define a back of a neckline of the patient blouse”, it is unclear if “a neckline” in claim 4 is referring to the same neckline or a different neckline than recited in claim 1.
Claim 8 is indefinite as it recites, “further comprising a patient skirt for covering a lower body of the patient”. As claim 1 is drawn to “a patient blouse”, it is unclear how the blouse now comprises a skirt. Examiner respectfully suggests amending the claims so that they are drawn to a patient garment comprising a blouse portion and a skirt portion as the elected embodiment is a single garment.
Claim 8 is indefinite as it recites, “ the bottom of the patient blouse”. This limitation lacks antecedent basis as claim 1 recites, “a bottom of the front portion” and “a bottom of the back portion” and it is unclear if claim 8 is referring to the front portion or the back portion of the blouse.
Claim 8 is indefinite as it recites, “at least one fastening device”. As claim 1 recites, “at least one first fastening device” and “at least one second fastening device”, it is unclear if “at least one fastening device” is referring to the first or second fastening device, or an additional fastening device. For purposes of examination, Examiner has interpreted claim 8 to be referring to at least one third fastening device.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-5, and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jakub (US 5062159) in view of Herzog (US 2013/0104281).
Regarding claim 1, Jakub discloses a patient blouse (12) configured to cover at least a portion of an upper torso of a patient (as can be understood from Fig. 1), comprising: a body (28/30/53) with two sleeves (40/48/52) extending therefrom (as understood from Figs. 1-4), wherein the body includes a front portion (30/53) and a back portion (28); wherein the front of the first portion includes a first fastening region (56/68) extending from a top (38) of the front portion to a bottom (32) of the front portion, wherein a right side (30) of the front of the first portion comprises one side of the first fastening region (as can be seen in Fig. 3, 30 comprises 68), wherein a left side (53) of the front of the first portion comprises another side (56) of the first fastening region (as can be seen in Fig. 4, 53 comprises 56), wherein the first fastening region includes at least one first fastening device (36A-B; Examiner notes “fastening device” has been interpreted under 35 USC 112(f) and the fastening device of the instant application is ties, and other coupling and/or fastening devices (para. 0048) such as a tie, a hook and loop fastener, a snap, a magnet, a button, a zipper, and/or an adhesive material (para. 0123) and 36A-B of the instant application is a hook and loop fastener and therefore at least a functional equivalent) configured to connect the right side of the front of the first portion with the left side of the front of the first portion (as understood from Figs. 1 and 3 and col. 3, lines 25-32), wherein the at least one first fastening device is configured to at least partially close the first fastening region (as understood from Figs. 1 and 3 and col. 3, lines 25-32), and a second portion (16) configured to cover at least a portion of a lower body of the patient (as can be understood from at least Fig. 1),
Jakub does not expressly disclose wherein the back portion includes a second fastening region extending from a top of the back portion to a bottom of the back portion, wherein a right side of the back portion comprises one side of the second fastening region, wherein a left side of the back portion comprises another side of the fastening region, wherein the right side of the back portion and the left side of the back portion are joined together to define a back of a neckline of the patient blouse at a top of the second fastening region, wherein the second fastening region includes at least one second fastening device configured to connect the right side of the back portion with the left side of the back portion, wherein the at least one second fastening device is configured to at least partially close the second fastening region.
Herzog teaches an adaptable medical gown (400) wherein the back portion (see annotated Fig. 4) includes a second fastening region extending from a top of the back portion to a bottom of the back portion (see annotated Fig. 4), wherein a right side (456) of the back portion comprises one side of the second fastening region (see annotated Fig. 4), wherein a left side (454) of the back portion comprises another side of the fastening region (see annotated Fig. 4), wherein the right side of the back portion and the left side of the back portion are joined together (via at tie 460 at neckline 410) to define a back of a neckline (410 on the rear side) of the patient blouse at a top of the second fastening region (as can be seen in Fig. 4), wherein the second fastening region includes at least one second fastening device (460 and 462; Examiner notes “fastening device” has been interpreted under 35 USC 112(f) and the fastening device of the instant application is ties, and other coupling and/or fastening devices (para. 0048) such as a tie, a hook and loop fastener, a snap, a magnet, a button, a zipper, and/or an adhesive material (para. 0123) and 460/462 of the instant application is a tie and a hook and loop fastener and therefore at least a functional equivalent) configured to connect the right side of the back portion with the left side of the back portion (see paras. 0037 and 0034), wherein the at least one second fastening device is configured to at least partially close the second fastening region (as understood from paras. 0034 and 0037).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add aligned fastening regions on the back of the blouse part of the gown of Jakub as taught by Herzog as having this additional closable opening provides the patient with greater comfort and reduced incidence of embarrassment by covering the patient’s body still while allowing easy access thereto, to facilitate the administration of medical treatment along the center back of the patient.
Regarding claim 4, the modified blouse of Jakub discloses wherein the first fastening region is positioned along a neckline of the patient blouse (as 56/68 extend to the top of the front portion at the neckline as seen in Fig. 3), wherein the at least one fastening device (36A/36B) is configured to fasten the neckline to the first fastening region (as understood from Figs. 1 and 3).
Regarding claim 5, the modified blouse of Jakub discloses wherein the at least one first fastening device (36A-B of Jakub) comprises a hook and loop fastener (see col. 3, lines 25-32 of Jakub).
Regarding claim 8, the modified garment of Jakub discloses further comprising a patient skirt (16) for covering a lower body of the patient (as can be understood from at least Fig. 1), the patient skirt comprising: a front portion (part of 16 as can be seen in Figs. 1), a back portion (see annotated Fig. 4); wherein a top (upper edge at 24) of the patient skirt is configured to engage with the bottom (32) of the patient blouse to form a waistline (at 24/32 as seen in Fig. 4).
The modified blouse of Jakub does not expressly disclose wherein the back portion of the patient skirt includes a vertical fastening region aligned with the second fastening region of the patient blouse, the vertical fastening region extending downward from a top of the back portion of the patient skirt, wherein a right side of the back portion of the patient skirt comprises one side of the vertical fastening region, wherein a left side of the back portion of the patient skirt comprises another side of the vertical fastening region, wherein the vertical fastening region includes at least one fastening device configured to couple the right side of the back portion of the patient skirt with the left side of the back portion of the patient skirt, wherein the at least one fastening device is configured to at least partially open and close the vertical fastening region.
Herzog teaches an adaptable medical gown (400) wherein the back portion of the patient skirt (see annotated Fig. 4) includes a vertical fastening region aligned with the second fastening region of the patient blouse (see annotated Fig. 4), the vertical fastening region extending downward from a top of the back portion of the patient skirt (see annotated Fig. 4), wherein a right side of the back portion of the patient skirt (454 of skirt) comprises one side of the vertical fastening region (as shown in annotated Fig. 4), wherein a left side of the back portion of the patient skirt (456 of skirt) comprises another side of the vertical fastening region (as shown in annotated Fig. 4), wherein the vertical fastening region includes at least one fastening device (460 and 462; Examiner notes “fastening device” has been interpreted under 35 USC 112(f) and the fastening device of the instant application is ties, and other coupling and/or fastening devices (para. 0048) such as a tie, a hook and loop fastener, a snap, a magnet, a button, a zipper, and/or an adhesive material (para. 0123) and 460/462 of the instant application is a tie and a hook and loop fastener and therefore at least a functional equivalent) configured to couple the right side of the back portion of the patient skirt with the left side of the back portion of the patient skirt, wherein the at least one fastening device is configured to at least partially open and close the vertical fastening region (see paras. 0034 and 0037).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add an additional fastening region to the skirt that is aligned with other fastening region on the back of the blouse of the gown of Jakub as taught by Herzog so that the back can “be readily alternated between an open and a closed position… [and so that] a patient, doctor, or nurse may control how much of the back opening is in a closed position and how much is in an open position… [and] provides a variety of solutions for opening and closing the back opening of a medical gown” (see para. 0034 of Herzog).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Jakub and Herzog, as applied to claim 1 above, and further in view of Sampson-Howlett (US 2010/0313330).
Regarding claim 2, the modified blouse of Jakub discloses all the limitations of claim 1 above, but does not expressly disclose wherein the first fastening region extends approximately diagonally from a collar of the front portion towards the bottom of the front portion.
Sampson-Howlett teaches a hospital gown wherein the first fastening region (region along 23) extends approximately diagonally (as can be seen in Fig. 1) from a collar (25) of the front portion (upper portion) towards the bottom (near 7) of the front portion (as shown in Fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the fastening region of the modified blouse of the gown of Jakub to extend approximately diagonally as taught by Sampson-Howlett so that the front opening of the garment as such an arrangement provides exposure to the wearer’s skin but substantially maintains the privacy of the wearer as it “provides sufficient coverage and privacy for the wearer, and still allows convenient and quick access to the patient's body” (see para. 0007 of Sampson-Howlett).
Regarding claim 3, the modified blouse of Jakub discloses all the limitations of claim 1 above, but does not expressly disclose wherein the first fastening region extends diagonally towards the right side of the bottom of the front portion or the left side of the bottom of the front portion of the body.
Sampson-Howlett teaches a hospital gown wherein the first fastening region (region along 23) extends diagonally (as can be seen in Fig. 1).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the fastening region of the modified blouse of the gown of Jakub to extend approximately diagonally as taught by Sampson-Howlett so that the front opening of the garment as such an arrangement provides exposure to the wearer’s skin but substantially maintains the privacy of the wearer as it “provides sufficient coverage and privacy for the wearer, and still allows convenient and quick access to the patient's body” (see para. 0007 of Sampson-Howlett).
When used in combination, as the fastening region of Jakub extends from the collar directly to the bottom such that the first fastening region ends at either an end of the left side of the front of the first portion or an end of the right side of the front of the first portion, when modified to extend diagonally by Sampson-Howlett, the fastening region would still end at either an end of the left side of the front portion or an end of the right side of the front portion.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Jakub and Herzog, as applied to claim 1 above, and further in view of Wood (US 4458365).
Regarding claim 6-7, the modified blouse of Jakub discloses all the limitations of claim 1 above, but does not expressly disclose wherein the front portion includes at least one coupling device configured to couple the right side of the front portion to a respective coupling device on a top portion of the right side, wherein the front portion includes at least one coupling device configured to couple the left side of the front portion to a respective coupling device on a top portion of the left side [claim 6], and wherein the right side of the front portion is configured to couple to the respective coupling device on the top portion of the right side while the left side is in a closed position, and wherein the left side of the front portion is configured to couple to the respective coupling device on the top portion of the left side while the right side is in a closed position.
Wood teaches a patient gown wherein the front portion (front of 34, seen in Figs. 1-2) includes at least one coupling device (47 on right side; Examiner notes “coupling device” has been interpreted under 35 USC 112(f) and the coupling device of the instant application is, adhesive material, or snaps (para. 0092) and ties that connect to eyelets in the prior art is at least a functional equivalent as they couple together) configured to couple the right side of the front portion to a respective coupling device (51) on a top portion of the right side (as seen in Figs. 1-2), wherein the front portion includes at least one coupling device (47 on right side) configured to couple the left side of the front portion to a respective coupling device (51) on a top portion of the left side (as seen in Figs. 1-2) [claim 6], and wherein the right side of the front portion is configured to couple to the respective coupling device on the top portion of the right side while the left side is in a closed position, and wherein the left side of the front portion is configured to couple to the respective coupling device on the top portion of the left side while the right side is in a closed position (as only the coupling devices on one side can be coupled while the other side remains in position, see Fig. 2).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add coupling devices to the left and right sides of the front portion of the modified blouse of Jakub, as taught by Wood, “so as to secure the same in close proximity to the neck line” (see col. 4, lines 1-2 of Wood) thereby permitting breast access (see claim 2 of Wood).
Claim(s) 9-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combined references of Jakub and Herzog, as applied to claims 1 and 8 above, and further in view of Mattick (US 2013/0104281).
Regarding claim 9, the modified gown of Jakub discloses all the limitations of claims 1 and 8, above, but does not expressly disclose wherein the front portion and/or the back portion of the patient skirt includes at least one pocket.
Mattick teaches a patent gown wherein the front (24) of the second portion (bottom portion of 11) includes at least one pocket (54/56).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to add at least one pocket to the front of the skirt portion of the modified gown of Jakub as taught by Mattick as such pockets are “more easily reached by the wearer when their arms are down in a normal at rest posting. Having pockets much lower on the gown makes it more comfortable because it is more convenient for the wearer to place and retrieve items and also gives them a place to warm their hands if their hands feel a bit chilly” (para. 00018 of Mattick).
Regarding claim 10, the modified gown of Jakub discloses wherein the at least one pocket (54/56 of Mattick) is located near the top of the patient skirt (as it can be seen as near and below a waistline in Fig. 1 of Mattick), wherein the at least one pocket includes at least one open edge (as can be seen in Fig. 1 of Mattick, pockets 54/56 are open at the upper edges).
Regarding claim 11, the modified gown of Jakub discloses wherein the at least one pocket (54/56 of Mattick) includes at least one port (second opening disclosed in para. 0018 similar to opening 40 shown on upper pocket 50 of Mattick) configured to pass connections from medical equipment therethrough to at least one medical device stored in the at least one pocket (as disclosed in para. 0010 of Mattick).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. For example, Winthrop (US 2022/0104565) and Lucas (US 2023/0240392)teaches a patient gown with wrap style blouse and skirt portions that open.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HEATHER MANGINE, Ph.D. whose telephone number is (571)270-0673. The examiner can normally be reached Monday-Friday 8AM-4PM.
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/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732