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 of Species 9 (as depicted in Fig. 12) in the reply filed on 11/27/2025 is acknowledged. Election was made without traverse in the reply filed on 11/27/2025.
The traversal is on the ground(s) that the various zipper configurations are not patentably distinct. MPEP 806.05 has set forth: "related inventions in the same statutory class are considered mutually exclusive, or not overlapping in scope, if a first invention would not infringe a second invention, and the second invention would not infringe the first invention." In this case, Species 1-9 are in the same statutory class and under a claimed genus, i.e., a separable garment, and they are related inventions. Further, each of Species 1-9 requires a mutually exclusive characteristic which is not required for the other species; that is, a first invention would not infringe a second invention and the second invention would not infringe the first invention. Therefore, Species 1-9 are patentably distinct.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1-30 are pending in the application. Applicant, in the reply, indicated that claims 1-8 are readable on the elected Species 9, (as depicted in Fig. 12). However, after a full review of the instant application, it is noted that claims 3-5 each contain limitation(s) drawn to the non-elected Subspecies 3-4 (as depicted in Figs. 7A-7D). Accordingly, claims 3-5 and 9-30 are withdrawn from further consideration as being drawn to non-elected inventions.
Claims 1-2 and 6-8 are being treated on merits.
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 feature "a central longitudinal axis" in claim 2 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 "a central longitudinal axis".
Claim Objections
Claims 1 and 8 are objected to because of the following informalities:
In claim 1, last line, "either leg portion" appears to read "each of the first and second leg portions" for proper antecedent basis;
In claim 8, line 2, "wherein-unzipping" appears to read "wherein unzipping";
In claim 8, line 3, "both leg portions" appears to read "both of the first and second leg portions" for proper antecedent basis.
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.
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 1-2 and 6-8 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 pre-AIA the applicant regards as the invention.
Claim 1 recites the limitation "the zipper". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the examiner has interpreted that the garment comprises a zipper secured on the single straight zipper track.
Claim 2 recites the limitation "a central longitudinal axis". It is unclear which structure is being referred to and where the axis is located. For examination purposes, the limitation has been construed to be a central longitudinal axis of the separable garment.
Claim 7 recites the limitation "the zipper slider". There is insufficient antecedent basis for this limitation in the claim. For examination purposes, the limitation has been construed to be a zipper slider.
The remaining claims each depend from a rejected base claim and are likewise rejected.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Christoff (US 2011/0167537 A1).
Regarding claim 1, Christoff discloses a separable garment (pants 1; figs. 1-4; paras. 0033-0036; claim 1) comprising:
an upper portion (waistband region; figs. 1-4; paras. 0033-0036) including a waistband (waistband 13; figs. 1-4; para. 0035) configured to encircle a waist of the wearer (figs. 1-4);
a lower portion (below the waistband region; figs. 1-4; paras. 0033-0036) including a first leg portion (right leg 5; figs. 1-4; paras. 0033-0036) and a second leg portion (left leg 6; figs. 1-4; paras. 0033-0036) meeting at a crotch region (see figs. 1, 3-4 and annotated 2); and
a single straight zipper track (fastening zipper track around zipper 12; figs. 1-4; paras. 0033-0036) extending continuously from a front fly region (see figs. 1, 3-4 and annotated 2) of the garment, over the crotch region, and terminating at a rear waistband region (see figs. 1, 3-4 and annotated 2; paras. 0033-0036), wherein the zipper track defines a single linear separation path along which front and rear garment panels are separable when the zipper is unzipped (figs. 1-4; paras. 0033-0036), and wherein the zipper track is configured to permit removal or opening of the garment without requiring disassembly of either leg portion (figs. 1-4; paras. 0033-0036).
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Annotated Fig. 2 from US 2011/0167537 A1
Regarding claim 2, Christoff discloses the separable garment of Claim 1, and further discloses wherein the straight zipper track is aligned substantially along a central longitudinal axis (defined by a central seam; figs. 1-4; paras. 0033-0036) extending between the front fly region and the rear waistband region (figs. 1-4; paras. 0033-0036).
Regarding claim 6, Christoff discloses the separable garment of Claim 1, and further discloses wherein the garment does not include any out-seam zipper or in-seam zipper mechanism, and separation occurs solely along the single straight zipper track (figs. 1-4; paras. 0033-0036).
Regarding claim 7, Christoff discloses the separable garment of Claim 1, and further discloses wherein the zipper slider is configured to traverse the straight zipper track along its entire length between the front fly region and the rear waistband region (figs. 2-3).
Regarding claim 8, Christoff discloses the separable garment of Claim 1, and 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 intact and undetached (figs. 1-4; paras. 0033-0036).
Claims 1-2 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hochman (US 2016/0015093 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) 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 zipper track defines a single linear separation path (fig. 5; para. 0038) along which front and rear garment panels are separable when the zipper is unzipped (fig. 5; para. 0038), and wherein the zipper track is configured to permit removal or opening of the garment without requiring disassembly of either leg portion (fig. 5; paras. 0038-0039).
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Annotated Fig. 5 from US 2016/0015093 A1
Regarding claim 2, Hochman discloses the separable garment of Claim 1, and further discloses wherein the straight zipper track is aligned substantially along a central longitudinal axis (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 discloses the separable garment of Claim 1, and 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 6, Hochman discloses the separable garment of Claim 1, and further discloses wherein the zipper slider is configured to traverse the 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 discloses the separable garment of Claim 1, and 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 intact and undetached (fig. 5; paras. 0038-0039).
Response to Arguments
In response to Applicant's summary for the Examiner interview on 11/26/2025, the examiner respectfully notes that the claim amendment filed 11/27/2025 is significantly different from the proposed claim amendment as discussed during the interview on November 26, 2025.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional relevant references cited on attached PTO-892 form(s) can be used to formulate a rejection if necessary. Combs (US 2013/0263353 A1), Malan (US 2015/0101105 A1) and Gray (GB 2127276 A) each can also be a 102 reference.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KHOA HUYNH can be reached on (571)272-4888. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/AIYING ZHAO/Primary Examiner, Art Unit 3732