DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment filed on 07/15/2026 has been entered. Claims 1-30 are currently pending in the application. Claims 3-5 and 9-30 have been previously withdrawn from further consideration. Claims 1-2 and 6-8 are being treated on merits.
Any rejection(s) and/or objection(s) made in the previous Office action and not repeated below, are hereby withdrawn due to Applicant's amendments and/or arguments in the response filed on 07/15/2026.
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 claimed features in claim 1:
the front fly region;
an upper end of the single straight zipper track;
the front interior stretchable strap connected between the waistband at the front fly region and a region adjacent an upper end of the single straight zipper track; and
the back interior stretchable strap connected between the waistband at the rear waistband region and a region adjacent the upper end of the single straight zipper track;
must be shown or the feature(s) canceled from the claim(s). 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 specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
In claim 1, there is no antecedent basis in the specification for "the front interior stretchable strap connected between the waistband at the front fly region and a region adjacent an upper end of the single straight zipper track";
In claim 1, there is no antecedent basis in the specification for "the back interior stretchable strap connected between the waistband at the rear waistband region and a region adjacent the upper end of the single straight zipper track";
In claim 1, there is no antecedent basis in the specification for "wherein the front interior stretchable strap and the back interior stretchable strap are configured to apply an upward force that retracts the front garment panel and the rear garment panel upward when the zipper is unzipped."
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for pre-AIA the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation "the front interior stretchable strap connected between the waistband at the front fly region and a region adjacent an upper end of the single straight zipper track". The interior stretchable straps for the garment in the elected Fig. 12 are discussed in the original specification in paragraph 0221. The specification only includes "the zipper line 1201 may be integrated with interior stretchable straps (e.g., 712-713), similar to those described in FIG. 7B" and "[t]hese interior stretchable straps may be positioned along the inner fabric layers of the trousers 1200" in paragraph 0221." In addition, FIG. 7B actually depicts a front strap 712 is fixedly connected at a first point near the top V-portion of the in-seam zipper mechanism 706 and a second point at an upper portion 701 at the front waistband (para. 0126). The original disclosure fails to provide the exact location of the front interior stretchable strap in Fig. 12. Therefore, claiming the limitation must be cancelled from the claim, since the claim appears to be new matter.
Claim 1 recites the limitation "the back interior stretchable strap connected between the waistband at the rear waistband region and a region adjacent the upper end of the single straight zipper track". The interior stretchable straps for the garment in the elected Fig. 12 are discussed in the original specification in paragraph 0221. The specification only includes "the zipper line 1201 may be integrated with interior stretchable straps (e.g., 712-713), similar to those described in FIG. 7B" and "[t]hese interior stretchable straps may be positioned along the inner fabric layers of the trousers 1200" in paragraph 0221." In addition, FIG. 7B actually depicts a back strap 713 is fixedly connected at a first point near the top V-portion of the in-seam zipper mechanism 706 along the rear section of the trousers and a second point at an upper portion 701 at the back waistband (para. 0127). The original disclosure fails to provide the exact location of the rear interior stretchable strap in Fig. 12. Therefore, claiming the limitation must be cancelled from the claim, since the claim appears to be new matter.
Claim 1 recites the limitation "wherein the front interior stretchable strap and the back interior stretchable strap are configured to apply an upward force that retracts the front garment panel and the rear garment panel upward when the zipper is unzipped." The interior stretchable straps for the garment in the elected Fig. 12 are discussed in the original specification in paragraph 0221. The specification only includes "[t]he interior stretchable straps preventing excessive fabric bunching when the zipper slider 1207 is engaged or disengaged" and "[t]he stretchable straps may also provide a level of controlled tension, facilitating that the fabric maintains its shape while the zipper slider 1207 is being operated" (paragraph 0221). The original disclosure fails to provide the function of the front and back interior stretchable straps as claimed. Therefore, claiming the limitation must be cancelled from the claim, since the claim appears to be new matter.
The remaining claims each depend from a rejected base claim and are likewise rejected.
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 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.
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Hochman (US 2016/0015093 A1) in view of Stradley (US 5,010,595 A) and further in view of Frazzini (US 2019/0328060 A1).
Regarding claim 1, Hochman discloses a separable garment (pants 210; fig. 5; para. 0038; claim 1) comprising:
an upper portion (at a waistband region; see annotated fig. 5) including a waistband (see annotated fig. 5) configured to encircle a waist of the wearer (see annotated fig. 5);
a lower portion (below the waistband region; see annotated fig. 5) including a first leg portion (leg 212; fig. 5; para. 0038) and a second leg portion (leg 214; fig. 5; para. 0038) meeting at a crotch region (see annotated fig. 5); and
a single straight zipper track (see annotated fig. 5; para. 0038) including a zipper (zipper 220, 222; fig. 5; para. 0038) and a zipper slider (a zipper generally comprising a zipper slider; fig. 5; para. 0038), the single straight zipper track extending continuously from a front fly region (see annotated fig. 5) of the garment, over the crotch region (see annotated fig. 5), and terminating at a rear waistband region (see annotated fig. 5), wherein the single straight zipper track defines a single linear separation path (fig. 5; para. 0038) along which a front garment panel and a rear garment panel are separable when the zipper is unzipped (fig. 5; para. 0038), and wherein the single straight zipper track is configured to permit removal or opening of the garment without requiring disassembly of each of the first and second leg portions (fig. 5; paras. 0038-0039).
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Annotated Fig. 5 from US 2016/0015093 A1
Hochman does not disclose a plurality of belt loops attached to the waistband. However, Stradley, in an analogous art, teaches a garment (trousers 10; fig. 1; col. 3, ll. col. 2, ll. 65-68; col. 3, ll. 1-2) comprising a plurality of belt loops (belt loops 37; fig. 1; col. 4, ll. 17-20) attached to a waistband (waistband 27; fig. 1; col. 3, ll. 39-45). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the garment as disclosed by Hochman, with a plurality of belt loops attached to the waistband as taught by Stradley, in order to provide means for secure a belt around the waistband.
Hochman does not disclose a front interior stretchable strap and a back interior stretchable strap each positioned along an interior of the garment, the front interior stretchable strap connected between the waistband at the front fly region and a region adjacent an upper end of the single straight zipper track, and the back interior stretchable strap connected between the waistband at the rear waistband region and a region adjacent the upper end of the single straight zipper track, wherein the front interior stretchable strap and the back interior stretchable strap are configured to apply an upward force that retracts the front garment panel and the rear garment panel upward when the zipper is unzipped. However, Frazzini, in an analogous art, teaches a garment (garment 100; fig. 3; para. 0048) comprising a single straight zipper track (zipper track 112; fig. 3; para. 0048) comprising interior elastic strips (elastic strips 306; paras. 0048), wherein each of the interior elastic strips are sewn into edges of the single straight zipper track (figs. 3; para. 0050). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the garment as disclosed by Hochman, with attaching interior elastic strips to edges of the single straight zipper track as taught by Frazzini, in order to create a sturdy base for the single straight zipper track for long-term use (Frazzini; para. 0052). By this modification to Hochman, the elastic strips would form a front interior stretchable strap and a back interior stretchable strap, each positioned along an interior of the garment; the front interior stretchable strap would be connected between the waistband at the front fly region and a region adjacent an upper end of the single straight zipper track, and the back interior stretchable strap would be connected between the waistband at the rear waistband region and a region adjacent the upper end of the single straight zipper track, wherein the front interior stretchable strap and the back interior stretchable strap would be configured to apply an upward force that retracts the front garment panel and the rear garment panel upward when the zipper is unzipped.
Regarding claim 2, Hochman, Stradley and Frazzini, in combination, disclose the separable garment of Claim 1, and Hochman further discloses wherein the single straight zipper track is aligned substantially along a central seam of the garment (a long a central seam; fig. 5; para. 0038) extending between the front fly region and the rear waistband region (see annotated fig. 5; para. 0038).
Regarding claim 6, Hochman, Stradley and Frazzini, in combination, disclose the separable garment of Claim 1, and Hochman further discloses wherein the garment does not include any out-seam zipper or in-seam zipper mechanism (fig. 5; para. 0038), and separation occurs solely along the single straight zipper track (fig. 5; paras. 0038-0039).
Regarding claim 7, Hochman, Stradley and Frazzini, in combination, disclose the separable garment of Claim 1, and Hochman further discloses wherein the zipper slider is configured to traverse the single straight zipper track along its entire length between the front fly region and the rear waistband region (fig. 5; paras. 0038-0039).
Regarding claim 8, Hochman, Stradley and Frazzini, in combination, disclose the separable garment of Claim 1, and Hochman further discloses wherein unzipping the straight zipper track permits the rear garment panel to separate from the front garment panel while leaving both leg portions of the first and second leg portions intact and undetached (fig. 5; paras. 0038-0039).
Response to Arguments
Applicant's arguments with respect to the amended claims have been fully considered but are moot in view of the new grounds of rejection as discussed supra.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIYING ZHAO whose telephone number is (571)272-3326. The examiner can normally be reached on 8:30 am - 4:30 pm EST.
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/AIYING ZHAO/
Primary Examiner, Art Unit 3732
Prosecution Insights