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 .
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, first interior pocket having a first depth that is less than a second depth of the second outer pocket (claims 2, 16 and 20; It is noted that figure 4 shows the second interior pocket in relationship to third and fourth outer pocket depths but does not show the first interior pocket depth in relationship to the first and second outer pockets) these features must be shown or canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “124” has been used to designate both second pocket (figure 1) and mesh insert (figure 7).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 185 (para 0032). 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. 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.
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.
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 1-6 and 17-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. US 12,250,977. Although the claims at issue are not identical, they are not patentably distinct from each other. See Chart below.
US 12,250,977
Instant Application.
Claim 1. A wader, comprising:
a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the second leg portion, the body having an outer surface, an inner surface, and defining an inner chamber sized and configured to receive the legs and torso of a wearer of said wader; the chest portion having first, second, third, and fourth outer pockets, each of the first, second, third, and fourth outer pockets having opening on the outer surface, each of the first and fourth outer pockets having an opening placed on a side of said wader, each of the second and third outer pockets having an opening placed near a midline of said wader; and the chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets;
wherein the first leg portion includes a first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion; and wherein the first leg extension includes a mesh panel extending from the first circumferential seal to the first terminal end.
Claim 1. A wader, comprising:
a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the second leg portion, the body having an outer surface, an inner surface, and defining an inner chamber sized and configured to receive the legs and torso of a wearer of the wader; the chest portion having first, second, third, and fourth outer pockets, each of the first, second, third, and fourth outer pockets having opening on the outer surface, each of the first and fourth outer pockets having an opening placed on a side of
the wader, each of the second and third outer pockets having an opening placed near a midline of the wader; and the
chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets.
Claim 3. The wader of claim 1, wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth.
Claim 2. The wader of claim 1, wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth.
Claim 4. The wader of claim 3, wherein the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth.
Claim 3. The wader of claim 2, wherein the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is
less than the fourth depth.
Claim 5. The wader of claim 4, wherein the first interior pocket includes first and second magnets configured to close the opening of the first interior pocket.
Claim 4. The wader of claim 3, wherein the first interior pocket includes first and second magnets configured to close the opening of the first interior pocket.
Claim 6. The wader of claim 5, wherein the second interior pocket includes third and fourth magnets configured to close the opening of the second interior pocket.
Claim 5. The wader of claim 4, wherein the second interior pocket includes third and fourth magnets configured to close
the opening of the second interior pocket.
Claim 1. A wader, comprising:
a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the second leg portion, the body having an outer surface, an inner surface, and defining an inner chamber sized and configured to receive the legs and torso of a wearer of said wader; the chest portion having first, second, third, and fourth outer pockets, each of the first, second, third, and fourth outer pockets having opening on the outer surface, each of the first and fourth outer pockets having an opening placed on a side of said wader, each of the second and third outer pockets having an opening placed near a midline of said wader; and the chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets;
wherein the first leg portion includes a first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion; and wherein the first leg extension includes a mesh panel extending from the first circumferential seal to the first terminal end.
6. The wader of claim 1,
wherein the first leg portion includes a first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; and wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion.
Claim 7. A wader, comprising: a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the second leg portion, the body having an outer surface, an inner surface, and
defining an inner chamber sized and configured to receive the legs and torso of a wearer of said wader; the chest portion having first, second, third, and fourth outer pockets, each of the first, second, third, and fourth outer pockets having opening on the outer surface, each of the first and fourth outer pockets having an opening placed on a side of said wader, each of the second and third outer pockets having an opening placed near a midline of said wader; and the chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets; wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth; wherein the first leg portion includes a first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion; and wherein the first leg extension includes a mesh panel extending from the first circumferential seal to the first terminal end.
Claim 16. A wader, comprising: a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the
second leg portion, the body having an outer surface, an inner surface, and
defining and inner chamber sized and configured to receive the legs and torso
of a wearer of the wader; the chest
portion having first, second, third, and fourth outer pockets, each of the first, second, third, and fourth outer pockets having an opening on the outer surface, each of the first and fourth outer pockets having an opening placed on a side of the wader, each of the second and third
outer pockets having an opening placed
near a midline of the wader; and the
chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets; wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth; wherein the first leg portion
includes a first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion;
wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot
and a second leg extension extending
from the second circumferential seal to a second terminal end of the second leg portion.
Claim 9. The wader of claim 7, wherein the second interior pocket has a third
depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth.
Claim 17. The wader of claim 16, wherein the second interior pocket has a third
depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth.
Claim 10. The wader of claim 9, wherein the first interior pocket includes first and second magnets configured to close the opening of the first interior pocket.
Claim 18. The wader of claim 17, wherein the first interior pocket includes first and second magnets configured to close the opening of the first interior pocket.
Claim 11. The wader of claim 10, wherein the second interior pocket includes third and fourth magnets configured to close the opening of the second interior pocket.
Claim 19. The wader of claim 18, wherein the second interior pocket includes third and fourth magnets configured to close the opening of the second interior pocket.
Claims 7 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3-7,and 10-12 of U.S. Patent No. US 12,250,977 (As applied above, see chart) in view of Wood et al. (US 2020/0121000).
The Patent ‘977 substantially discloses the claimed invention but is lacking a suspender attached to the body.
The device of Wood et al. teaches,
With respect to claim 7, a wader comprising suspenders (28) attached to the body (Figure 2).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the suspenders as taught by Wood et al. in order to provide improved ease in adorning the wader garment.
Claims 8-15 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,3-7,and 10-12 of U.S. Patent No. US 12,250,977 (As applied above, see chart) in view of Nelson et al. (US 2022/0304401). The patent of ‘977 substantially discloses the claimed invention but is lacking a zipper at a midline. The device of Nelson et al teaches,
With respect to claim 8, a zipper (101) extending along a midline of the body (Figure 3).
With respect to claim 9, wherein the zipper defines first and second side portions (Figure 3) of the chest portion; and wherein the first and second outer pockets (122/121 left side) are on the first side portion and the third and fourth outer pockets (122/121 right side) are on the second side portion.
With respect to claim 10, wherein the openings (122) of the first and second outer pockets (on opposite sides of the midline zipper 101) are oriented in opposite directions relative to the zipper (Figure 2 and 3).
With respect to claim 11, wherein the opening of the first outer pocket (121 left side) extends into the first outer pocket toward the zipper (Figure 2).
With respect to claim 12, wherein the opening of the second outer pocket (122 left side) extends into the second outer pocket away from the zipper (figure 2 and 3).
With respect to claim 13, wherein the openings of the third (121 right side) and fourth outer pockets (122, right side) are oriented in opposite directions relative to the zipper.
With respect to claim 14, wherein the opening of the third outer pocket (122 right side) extends into the first outer pocket away the zipper ( Figures 2 and 3).
With respect to claim 15, wherein the opening of the fourth outer pocket (112 right side ) extends into the second outer pocket toward from the zipper (Figure 2).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to organize the pocket in relationship to a midline zipper as taught by Nelson et al. in order to provide versality and warmth (abstract).
With respect to claim 20, the patent of ‘977 substantially discloses the claimed invention (see chart below), but is lacking a midline zipper with pocket arranged with respect to the midline zipper.
Claim 12. A wader, comprising: a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the second leg portion, the body having an outer surface, an inner surface, and defining an inner chamber sized and
configured to receive the legs and torso of a wearer of said wader;
the chest portion having first, second, third, and fourth outer pockets,
each of the first, second, third, and fourth outer pockets having opening on the outer surface,
each of the first and fourth outer pockets having an opening placed on a side of said wader,
each of the second and third outer pockets having an opening placed near a midline of said wader; and
the chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets; wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth; wherein the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth; wherein the first leg portion includes a
first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; wherein the second leg portion includes a second circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion; wherein the first leg extension includes a mesh panel extending from the first circumferential seal to the first terminal end; and wherein the second leg extension includes a second mesh panel extending from the second circumferential seal to the second terminal end.
Claim 20. A wader, comprising: a body having a chest portion, a lower portion including first and second leg portions, a first boot attached to the first leg portion and a second boot attached to the
second leg portion, the body having an
outer surface, an inner surface, and defining an inner chamber sized and configured to receive the legs and torso of a wearer of the wader;
the chest portion having a zipper extending along a midline of the body and defining first and second side portions of the chest portion, first and second outer pockets on the first side portion and third and fourth outer pockets on the second portion,
each of the first and fourth outer pockets having an opening placed on a side of the wader and extending into the respective pocket and toward the zipper,
each of the second and third outer pockets having an opening placed near the
midline of the wader and extending into the respective pocket and away from the zipper;
the chest portion having first and second interior pockets disposed on the inner surface, each of the first and second interior pockets having an opening on an upper side of the pocket, the first interior pocket disposed adjacent the first outer pocket and inward of the first and second outer pockets, and the second interior pocket disposed adjacent the fourth outer pocket and inward of the third and fourth outer pockets; wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth; wherein the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth; wherein the first leg portion includes a
first circumferential seal attaching the first leg portion to the first boot and a first leg extension extending from the first circumferential seal to a first terminal end of the first leg portion; wherein the second leg portion includes a second
circumferential seal attaching the second leg portion to the second boot and a second leg extension extending from the second circumferential seal to a second terminal end of the second leg portion; wherein the first leg extension includes a mesh panel extending from the first circumferential seal to the first terminal
end; and wherein the second leg
extension includes a second mesh panel extending from the second circumferential seal to the second terminal end.
The device of Nelson et al. teaches,
A wader having a chest portion having a zipper (101) extending along a midline of the body (Figure 3) and defining first and second side portions of the chest portion (Figure 3), first and second outer pockets (121, 122 left side) on the first side portion and third and fourth outer pockets (121, 122 right side) on the second portion;
each of the first (121,left) and fourth outer pockets (121, right) having an opening placed on a side of the wader and extending into the respective pocket and toward the zipper (Figure 2)
each of the second (122 left) and third outer pockets (122 right) having an opening placed near the midline of the wader and extending into the respective pocket and away from the zipper (figures 2 and 3).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to organize the pocket in relationship to a midline zipper as taught by Nelson et al. in order to provide versality and warmth (abstract).
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, 6, 8-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al (US 2022/0304401) in view of Shadid (US 2010/0031415).
The device of Nelson et al teaches,
With respect to claim 1,
A wader (10), comprising: a body having a chest portion (100), a lower portion (200) including first and second leg portions (para 0018), a first boot (300) attached (para 0039) to the first leg portion and a second boot (300) attached (para 0039) to the second leg portion,
the body having an outer surface, an inner surface, and defining an inner chamber sized and configured to receive the legs and torso of a wearer of the wader (Figures 1 and 3) ;
the chest portion having first (121, left side), second (122, left side), third (121, right side), and fourth outer pockets (122, right side), each of the first, second, third, and fourth outer pockets having opening on the outer surface (Figure 1), each of the first (121, left) and fourth (121, right) outer pockets having an opening placed on a side of the wader (Figure 1), each of the second (122, left) and third (122, right) outer pockets having an opening placed (figure 2) near a midline (at the midline zipper 101) of the wader;
and the chest portion having first (122 interior left side; figure 3) and second (122 interior right side; figure 3) interior pockets disposed on the inner surface (Figure 3),
The device of Nelson substantially discloses the claimed invention but is lacking the first and second interior pockets each having an opening on an upper side respectively.
The device of Shadid teaches,
A wader having first and second interior pockets (para 0030, 136), each having an opening (Figure 4) on an upper side of the pocket (Figure 4). In combination, the first interior pocket of Shadid would be disposed adjacent the first outer pocket (121 left side of Nelson et al) and inward of the first and second outer pockets, and the second interior pocket (136 of Shadid) would be disposed adjacent the fourth outer pocket (121 right side) and inward of the third and fourth outer pockets (121, 122 right side of Nelson).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the interior pocket having an upward opening as taught by Shadid in order to provide storage for accessories and allow for ease of access (para 0030).
With respect to claim 6, wherein the first leg portion includes a first circumferential seal (210) attaching (para 0036) the first leg portion to the first boot and a first leg extension (212; figure 6 ) extending from the first circumferential seal to a first terminal end of the first leg portion; and wherein the second leg portion includes a second circumferential seal (210) attaching (para 0036) the second leg portion to the second boot (Figure 6) and a second leg extension (212) extending from the second circumferential seal to a second terminal end of the second leg portion (Figure 6).
With respect to claim 8, the device of Nelson et al. further comprising a zipper (101) extending along a midline of the body (Figure 3).
With respect to claim 9, wherein the zipper (101) defines first and second side portions of the chest portion (figure 3); and wherein the first and second outer pockets (121, 122 left side) are on the first side portion (Figure 2) and the third and fourth outer pockets (121, 122 right side ) are on the second side portion (Figure 2).
With respect to claim 10, wherein the openings of the first (121 left) and second (122 left) outer pockets are oriented in opposite directions relative to the zipper (Figure 2).
With respect to claim 11, wherein the opening of the first outer pocket (121, left) extends into the first outer pocket toward the zipper (Figure 2).
With respect to claim 12, wherein the opening of the second outer pocket (122 left) extends into the second outer pocket away from the zipper (Figure 2).
With respect to claim 13, wherein the openings of the third (121, right) and fourth (122, right) outer pockets are oriented in opposite directions relative to the zipper (Figure 2).
With respect to claim 14, wherein the opening of the third outer pocket (122 right) extends into the first outer pocket away the zipper (Figure 2).
With respect to claim 15, wherein the opening of the fourth outer pocket (121 right) extends into the second outer pocket toward from the zipper (Figure 2).
Claim(s) 2-3 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. and Shadid, as applied to claim 1 above, and further in view of Busquets (US 5,509,147). The modified device of Nelson et al. substantially discloses the claimed invention but is silent with respect to the size of the pockets recited, specifically the longitudinal length (depth).
With respect claim 2, the device of Busquets teaches a garment having an outer pocket (see annotated figure below) wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth (see annotated figure below).
It would have been obvious to a person having ordinary skill in the art at the time the invention as effectively filed to modify the size of the pocket to have a less depth, as taught by Busquets in order to prevent bulging and provide improved comfort.
With respect to claim 3, the modified prior art of Nelson et al. teaches a second interior pocket and a third and fourth outer pockets, but is silent with respect to the size of the depth of the inner pockets. The prior art of Busquets teaches an interior pocket having a depth that is less than the outer pocket (see annotated figure below). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the depth taught by Busquets such that the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth in order to prevent bulging of the interior pockets and provide improved comfort.
With respect to claim 16, the device of Nelson et al teaches,
A wader, comprising: a body having a chest portion (100), a lower portion (200) including first and second leg portions (Figure 6), a first boot (300) attached to the first leg portion and a second boot (300) attached to the second leg portion (Figure 6), the body having an outer surface (Figure 1), an inner surface (Figure 3), and defining an inner chamber sized and configured to receive the legs and torso of a wearer of the wader (Figures 2 and 3);
the chest portion having first (121 left), second (122 left), third (122 right), and fourth outer (121 right) pockets, each of the first, second, third, and fourth outer pockets having an opening on the outer surface (Figure 2), each of the first (121 left) and fourth (121 right) outer pockets having an opening placed on a side of the wader (Figure 2), each of the second (122 left) and third (122 right) outer pockets having an opening placed near a midline of the wader (Figure 2);
and the chest portion having first and second interior pockets (122) disposed on the inner surface (Figure 3); and
wherein the first leg portion includes a first circumferential seal (210) attaching the first leg portion to the first boot (300) and a first leg extension (2123) extending from the first circumferential seal (210) to a first terminal end of the first leg portion (Figure 6); and wherein the second leg portion includes a second circumferential seal (210) attaching the second leg portion to the second boot and a second leg extension (212) extending from the second circumferential seal to a second terminal end of the second leg portion (Figure 6). The device of Nelson et al. substantially discloses the claimed invention but is lacking the first and second interior pockets having an opening on an upper side.
The device of Shadid teaches,
A wader having first and second interior pockets (para 0030, 136), each having an opening (Figure 4) on an upper side of the pocket (Figure 4). In combination, the first interior pocket of Shadid would be disposed adjacent the first outer pocket (121 left side of Nelson et al) and inward of the first and second outer pockets, and the second interior pocket (136 of Shadid) would be disposed adjacent the fourth outer pocket (121 right side) and inward of the third and fourth outer pockets (121, 122 right side of Nelson).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the interior pocket having an upward opening as taught by Shadid in order to provide storage for accessories and allow for ease of access (para 0030).
The modified device of Nelson et al. substantially discloses the claimed invention but is silent with respect to the size of the pockets recited, specifically the longitudinal length (depth).
The device of Busquets teaches a garment having an outer pocket (see annotated figure below) wherein the first interior pocket has a first depth and the second outer pocket has a second depth; wherein the first depth is less than the second depth (see annotated figure below).
It would have been obvious to a person having ordinary skill in the art at the time the invention as effectively filed to modify the size of the pocket to have a less depth, as taught by Busquets in order to prevent bulging and provide improved comfort.
With respect to claim 17, the modified prior art of Nelson et al. teaches a second interior pocket and a third and fourth outer pockets, but is silent with respect to the size of the depth of the inner pockets. The prior art of Busquets teaches an interior pocket having a depth that is less than the outer pocket (see annotated figure below). It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the depth taught by Busquets such that the second interior pocket has a third depth and the fourth outer pocket has a fourth depth; wherein the third depth is less than the fourth depth in order to prevent bulging of the interior pockets and provide improved comfort.
Claim(s) 4-5 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. Shadid, and Busquets as applied to claims 3 -4 and 16-17 above, and further in view of Wood et al. (2019/0104775). The modified device of Nelson et al. substantially discloses the claimed invention including first and second interior pockets having fasteners first second third and fourth fasteners (126, two mating fasteners on each on the interior pockets) but is lacking magnets.
The device of Wood et al. teaches,
With respect to claims 4 and 18, wherein the fastener includes first and second magnets configured to close the opening of the pocket. (para 0052)
With respect to claim 5 and 19, wherein the fastener includes third and fourth magnets configured to close the opening of the pocket (para 0052).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the magnetic fasteners taught by Wood et al. in order to provide for easy opening of the pockets (0058).
Claim(s 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nelson et al. and Shadid, as applied to claim 1 above, and further in view of Wood et al. (US 2020/0121000).
The modified device of Nelson et al substantially discloses the claimed invention but is lacking suspenders.
The device of Wood et al teaches,
With respect to claim 7, further comprising suspenders (28) attached to the body (Figure 2).
It would have been obvious to a person having ordinary skill in the art at the time the invention was effectively filed to utilize the suspenders as taught by Wood et al. in order to provide improved ease in adorning the wader garment.
Allowable Subject Matter
Claim 20 is allowed.
Annotated Figure
[AltContent: arrow][AltContent: arrow][AltContent: ][AltContent: ][AltContent: arrow][AltContent: textbox (Inner pocket- less depth)][AltContent: textbox (Outer pocket- larger dept)][AltContent: arrow]
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892
Please Note, the art of recorded cited in the PTO-892 may be relevant to the features of the invention both claimed and unclaimed or are relevant to the overall inventive concept. The best art has been set forward in the office action, as determined by the examiner and the art references provided are to establish other significant and relevant art and to promote compact prosecution.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHALE L QUINN whose telephone number is (571)272-8689. The examiner can normally be reached Monday - Friday 9am -5pm.
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RICHALE LEE. QUINN
Primary Examiner
Art Unit 3765
/RICHALE L QUINN/Primary Examiner, Art Unit 3732