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
This is in response to amendment received on 12/22/25. Claims 1, 10, 13, 15, 13, 19 and 20 have been amended and claims 11-12 and 14 have been cancelled. Claims 1-10, 13 and 15-20 are examined herein.
Specification
The abstract of the disclosure is objected to because it includes the language that can be implied (i.e. disclosed) See: MPEP 608.01(b)(I)(C). A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The use of the terms Bluetooth (both instances in paragraphs 0090 and 0098), Low Energy, WiFi (paragraphs 0090 and 0098), and Velcro (paragraphs 0065 and 0086 both instances), which are trade names or a marks used in commerce, has been noted in this application. The terms should be accompanied by the generic terminology; furthermore the terms should be entirely capitalized wherever they appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the terms.
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 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 1-10, 13 and 15-20 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 13 is dependent upon cancelled claim 12, therefore, it is unclear what the wearable relaxation system comprises and how the additionally claimed structure is associated therewith. Please amend claim 13 to depend from a pending claim.
Regarding claims 1 and 20 it is unclear how the compartment is located within a seam as amended therein. How is a compartment located within a seam and how small would the compartment be? While the specification states the compartment can be within a seam, it does not describe how this is possible or what structure is required for this. A seam is a small interface between two pieces joining them together, if the seam is located in this interface, how big is the compartment and can it retain a stress member? It is unclear what structure is required and how this compartment would be configured. For examination purposes, the examiner is using the or language and examining the compartment within a cuff.
Any remaining claims are rejected depending from a rejected base claim.
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 (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 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 –
Claim(s) 1-7, 9-10 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Halpert (US 2011/0023213).
In regard to claim 1, Halpert teaches a wearable relaxation system to be worn by an individual (see abstract), comprising: a garment comprising at least one sleeve (sleeve is hand and finger/thumb sleeves), said at least one sleeve having a cuff or a seam (cuff, portion of glove on wrist of user: figure 5 and paragraph 0022); a compartment located on said garment (compartment/pouch cover: 13), wherein said compartment comprises at least: a fabric socket shaped and dimensioned to securely retain therein a stress- relieving resilient pliable member (see figures 2 and 3); and an aperture providing access to said fabric socket (see opening/aperture: figure 2: paragraph 0021), through which said stress-relieving resilient pliable member is receivable into said fabric socket (stress relieving article: 11, figures 2 and 3); and a stress-relieving resilient pliable member which is removably receivable into said fabric socket via said aperture (see figures 2 and 3, paragraph 0021-0022), wherein said compartment is discreetly arranged within said cuff or said seam such that when said garment is worn (figure 5 and paragraph 0022), said stress-relieving resilient pliable member is accessible to a hand of the individual to discreetly manipulate said stress-relieving resilient pliable member for stress relief (paragraphs 0003 and 0005); and wherein said stress-relieving resilient pliable member comprises a shape, dimension(s) and composition suited to discreet manipulation by the hand of the individual, thereby providing the individual with discreet tactile stimulus for stress relief (paragraph 0005).
In regard to claim 2, Halpert teaches wherein said compartment comprises a sealing mechanism configured to close and open said aperture (paragraph 0021).
In regard to claim 3, Halpert teaches wherein said sealing mechanism includes any one or more of: a snap fastener, a press stud, a button, a zipper, a covering, a foldable flap, a hook-and-loop fastener, a hook-and-eye fastener, an elastic, a clasp, a toggle fastener, a buckle, a string, a thread, a latch, a safety pin or a cover (paragraph 0021).
In regard to claim 4, Halpert teaches wherein said compartment is formed by an internal fabric layer and an external fabric layer of said garment, said fabric socket being formed between said internal fabric layer and said external fabric layer (internal fabric layer is glove base layer and external fabric layer is compartment: 13).
In regard to claim 5, Halpert teaches wherein said compartment is formed by one or more pieces of fabric attached to an internal surface of said garment (compartment layer 13 is attached to an internal surface of the glove, wrist side or glove is being interpreted as the internal surface of the glove).
In regard to claim 6, Halpert teaches wherein said compartment is arranged on an internal surface of said garment (compartment layer 13 is attached to an internal surface of the glove, wrist side or glove is being interpreted as the internal surface of the glove).
In regard to claim 7, Halpert teaches wherein said sealing mechanism is arranged on an internal surface of said garment such that it is concealed (sealing mechanism of compartment layer 13 is on the wrist side/internal surface such that it is concealed by the outer surface).
In regard to claim 9, Halpert teaches further comprising an attachment mechanism configured to releasably attach said compartment to said garment (paragraph 0021).
In regard to claim 10, Halpert teaches wherein said stress-relieving resilient pliable member comprises any one or more of: a resiliently pliable member, a malleable member, a stress reliever, a stress ball, a fidget device, a heated stress- relieving device, a cooling stress-relieving device, an audio stress-relieving device, a scented stress-relieving device, a vibrating stress-relieving device, a biometric-obtaining stress-relieving device and a weighted stress-relieving device (paragraphs 0003 and 0005).
In regard to claim 20, Halpert teaches a garment, comprising: a body portion shaped to at least partially surround a body member of an individual when the garment is worn (see figure 5 body portion is hand and finger portions); an elongate portion connected to said body portion and configured to at least partially surround a limb of the individual when the garment is worn (wrist/cuff portion of glove in figure 5); a compartment provided discreetly arranged within a cuff or a seam of on a distal end of said elongate portion (compartment: 13 arranged within the cuff of the wrist portion: figure 5 and paragraph 0022), said compartment having a fabric socket configured to securely retain therein a stress-relieving resilient pliable member (see figures 2 and 3, stress-relieving member: 11); and an aperture providing access to said fabric socket (figure 3 and paragraph 0021), through which said stress- relieving resilient pliable member is receivable into and removable from said fabric socket (paragraph 0021); and a stress-relieving resilient pliable member having a shape, dimension(s) and composition suited to discreet manipulation by a hand of a wearer of the garment (paragraph 0003 and 0005); and a sealing mechanism configured to close and open said aperture of said compartment to retain said stress-relieving resilient pliable member within said fabric socket (paragraph 0021 and figure 3); wherein when said garment is worn, the stress-relieving resilient pliable member retained in said fabric socket of said compartment is discreetly accessible to the hand of the wearer for discreet manipulation to provide the wearer with discreet tactile stimulus for stress relief (paragraphs 0003 and 0005).
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) 8 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Halpert (US 2011/0023213) in view of Christe (US 2023/0074649).
Halpert fails to teach said compartment further comprises an aperture cover configured to at least partially conceal said aperture and a sensor located in the stress-relieving member.
In regard to claim 8, Christe teaches pockets on garment for retaining members therein; wherein the pocket of Christe has an aperture with a flap (paragraph 0049).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the pocket with aperture of Halpert with the pillowcase flap as taught by Christe, since the pocket aperture of Halpert provided with a pillowcase flap would provide a pocket with a means to open and close the pocket while protecting the aperture so that items do not fall out when placed therein.
In regard to claim 15, Christe et al. teaches a garment with a sensor in a pocket, wherein the sensor is configured to acquire biometric data from the individual when said garment is worn, said stress-relieving resilient pliable member including a communication interface via which said stress-relieving resilient pliable member communicates said biometric data (paragraphs 0018, 0045, 0068-0069 and 0072).
However, Christe et al. fails to teach the stress-relieving resilient pliable member to containing the sensor.
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the stress-relieving member of Halpert with the sensor of Christe et al., since the sensor of Chiste et al. placed in the stress-relieving member of Halpert would provide a garment with a sensor that can track human physiology especially at a time when the stress-relieving member is being manipulated by the user to identify patterns and body responses.
In regard to claim 16, Chiste et al. teaches a garment with sensors in the pocket, wherein communication interface comprises a wireless communication interface, through which said biometric data is communicated to a remote device (paragraphs 0018, 0045, 0068-0069 and 0072).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the stress-relieving member of Halpert with the sensor of Christe et al., since the sensor of Chiste et al. placed in the stress-relieving member of Halpert would provide a garment with a sensor that can track human physiology especially at a time when the stress-relieving member is being manipulated by the user to identify patterns and body responses.
In regard to claim 17, Chiste et al. teaches wherein said biometric data comprises any one or combination of heart rate, pulse, skin conductance, body temperature, muscle tension, oxygenation levels, breathing patterns, and sleep patterns (paragraph 0018).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the stress-relieving member of Halpert with the sensor of Christe et al., since the sensor of Chiste et al. placed in the stress-relieving member of Halpert would provide a garment with a sensor that can track human physiology especially at a time when the stress-relieving member is being manipulated by the user to identify patterns and body responses.
In regard to claim 18, Chiste et al. teaches further comprising a remote digital data storage having stored thereon implementable instructions which, when executed by a digital data processor, enable said digital data processor to any one or both of: analyze said biometric data to detect one or more predefined stress patterns; and generate an alert based on said biometric data (paragraphs 0018, 0045, 0068-0069 and 0072).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the stress-relieving member of Halpert with the sensor of Christe et al., since the sensor of Chiste et al. placed in the stress-relieving member of Halpert would provide a garment with a sensor that can track human physiology especially at a time when the stress-relieving member is being manipulated by the user to identify patterns and body responses.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Halpert (US 2011/0023213) in view of Graves (US 2021/0307434).
Halpert fails to teach a adjustable width mechanism arrange about said cuff to adjust he size of the width of the cuff.
In regard to claim 13, Graves teaches a stress relief glove further comprising an adjustable width mechanism arranged circumferentially about said cuff, configured to adjust cuff width size or sleeve width size from a larger cuff width size to a smaller cuff width size such that said cuff snugly fits a wrist of the individual depending on presence or absence of said stress-relieving member, or a size of said stress-relieving member (figure 3, identifier 116, paragraphs 0040-0041).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the glove of Halpert with the cuff adjustment as taught by Graves, since the glove of Halpert provided with a flap adjustment mechanism in the cuff would provide a cuff section that can be adjusted to properly and comfortably to fit the wrist of the user (paragraphs 0040-0041 of Graves).
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (US 12,121,089) in view of Helck (US 2024/0090602).
In regard to claim 1, Jorgensen teaches a wearable relaxation system to be worn by an individual (garment/hooded sweatshirt: 30), comprising: a garment comprising at least one sleeve (sleeve: 32), said at least one sleeve having a cuff or a seam (cuff: 48); a compartment located on said garment (pouch: 46 or pouch: 50), wherein said compartment comprises at least: a fabric socket shaped and dimensioned to securely retain therein a stress- relieving resilient pliable member (column 5, lines 36-46); and a stress-relieving resilient pliable member located in said compartment (column 5, lines 36-46 and column 2, lines 46-50), wherein said compartment is discreetly arranged within said cuff or said seam such that when said garment is worn (column 5, lines 36-46), said stress-relieving resilient pliable member is accessible to a hand of the individual to discreetly manipulate said stress-relieving resilient pliable member for stress relief (column 2, lines 14-34); and wherein said stress-relieving resilient pliable member comprises a shape, dimension(s) and composition suited to discreet manipulation by the hand of the individual, thereby providing the individual with discreet tactile stimulus for stress relief (column 1, lines 14-16 and column 5, lines 6-24).
However, Jorgensen fails to teach the compartment having an aperture providing access to said fabric socket, through which said stress-relieving resilient pliable member is receivable into said fabric socket; and the stress-relieving resilient pliable member which is removably receivable into said fabric socket via said aperture.
Helck (US 2024/0090602) teaches a stress-relieving member in a compartment/pouch (fidget pouch: paragraph 0140), wherein the compartment having an aperture providing access to said fabric socket, through which said stress-relieving resilient pliable member is receivable into said fabric socket (paragraph 0140); and the stress-relieving resilient pliable member which is removably receivable into said fabric socket via said aperture (paragraph 0140).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the fidget garment of Jorgensen with the fidget compartment with openable aperture as taught by Helck, since the fidget compartment of Jorgensen provided with an openable aperture would allow for the fidget members to be removed and replaced as desired.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jorgensen (US 12,121,089) and Helck (US 2024/0090602) as applied to claim 1 above, and in further view of VandenBerg (US 6,665,879).
Jorgensen and Helck fail to teach the garment comprising one or more weighted panels which are affixable to an internal surface of said garment to provide pressure therapy to the individual.
In regard to claim 19, Vandenberg teaches a sensory garment further comprising one or more weighted panels which are affixable to an internal surface of said garment to provide pressure therapy to the individual (figures 1-4 weighted panel: 20 affixed in internal surface of garment to provide pressure therapy: column 1, lines 5-11 and column 2, lines 37-47).
It would have been obvious before the effective filing date to one having ordinary skill in the art to have provided the garment of Jorgensen and Helck with the weighted panel as taught by Vandenberg, since the sensory garment of Jorgensen provided with weighted panels would teach a garment that provides a sensory garment that clams and focuses an individual wearing during wear.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on the rejection of the prior art applied of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and can be found cited on PTO-892 form submitted herewith. The cited prior art to Bevier (US 8,397,313) is of particular relevance to the claimed invention.
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 ALISSA L HOEY whose telephone number is (571)272-4985. The examiner can normally be reached M-F: 9:00-5:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton T Ostrup can be reached at (571)272-5559. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ALISSA L. HOEY
Primary Examiner
Art Unit 3732
/ALISSA L HOEY/Primary Examiner, Art Unit 3732