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 amendments filed with the written response received on 09/26/2025 have been considered and an action on the merits follows. As directed by the amendment, claims 233-252 have been amended. Accordingly, claims 223-252 are pending in this application.
Claim Objections
Claims 234-241 and 243-250 are objected to because of the following informalities:
The preamble of claims 234-241 and 243-250 recite “The method.” It is suggested the preambles of each claim are rephrased to recite “The method of making the ballistic garment” for consistency with claims from which these claims depend from.
Appropriate correction is required.
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 233-252 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,253,338.
Although the claims at issue are not identical, they are not patentably distinct from each other because they are all directed to at least a ballistic-resistant garment comprising: a front panel, a back panel, a front panel member having a length, a front panel first fastener, a back panel member having a length, a back panel first fastener, and wherein said front panel first fastener is configured to couple to said back panel first fastener to tensionably fasten said ballistic-resistant garment about a torse of a wearer, and the method steps of making, providing, and coupling are well known and routine to those skilled in the art. Therefore, the claims, if allowed, would improperly extend the “right to exclude” already granted in the patent. Even more specifically, the following claims of the present invention may be derived from the corresponding claims of U.S. Patent No. 12,253,338 (as seen in the chart below).
Application 19/083,068
(claims)
U.S. Patent No. 12,253,338
(claims)
233
1
234
2
235
3
236
4
237
5
238
6
239
7
240
8
241
9
242
10
243
11
244
12
245
13
246
14
247
15
248
16
249
17
250
18
251
19
252
20
Allowable Subject Matter
Claims 233-252 are allowable over the prior art of record, subject to the rejections and objections above, as none of them, alone or in combination, disclose a method of making a ballistic-resistant garment comprising providing a front panel having a front panel pocket, a back panel having a back panel pocket, a front elongate member coupled to the front panel having an elastic length between opposing ends, a back panel elongate member coupled to the back panel having an elastic length between opposing first and second ends, and wherein the front and back members comprise fasteners at each of their ends, with fasteners on the back panel elongate member ends configured to mateably engage with the fasteners on the front elongate member ends.
US 2017/0205205 A1 to Wellman teaches a ballistic-resistant garment having a front panel (5) having a front panel pocket (6), a back panel (8) having a back panel pocket (9), a front panel elongate member coupled to the front panel having opposing ends (sides of 5) having fasteners (58), and a back panel elongate member (36) having fasteners (12) received by front panel fasteners (58). However, Wellman does not disclose or suggested the front panel elongate member is elastic, the back panel elongate member is elastic, nor the specific arrangement and orientations of the fasteners coupled to the specific ends. Rather, Wellman teaches the elongate connector (58) is configured for slidable engagement with a slit (59) and, instead, uses a headed pin (49) having a head (50) for engagement with opening (12). Modifying the locations and positionings of the pin and head of the elongate connector of Wellman to claimed locations and panel ends would frustrate engagement and compatibility with connection to Wellman’s back fasteners (12). Modification of the cited prior art would be a hindsight reconstruction based on Applicant’s disclosure.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICK I LOPEZ whose telephone number is (571)272-3262. The examiner can normally be reached Monday - Friday: 9:00am - 5:30pm EST.
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/ERICK I LOPEZ/Examiner, Art Unit 3732