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
Applicant’s preliminary amendment, filed 31 January 2025, is reviewed and entered. This Office Action is a non-final rejection.
Status of Claims
Amended
1, 13, 18
Canceled
4
Pending
1-3 and 5-21
Presented for Examination
1-3 and 5-21
Claim Objections
Claim 13 is objected to because of the following informalities: replace “a wearer” with –the wearer—for consistency of antecedent basis. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
Claims 1-3 and 5-21 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 1 is rendered indefinite for twice reciting “a first position” and “a second position,” because it is not clear if the second recitation is referring back to the previously recited position or if the second recitation is introducing a new position.
Claim 2 is rendered indefinite by the recitation “the second position” because it cannot be determined to which of the two previously recited second positions the claim is referring.
Claims 3, 7 is rendered indefinite by the recitation “the first position” because it cannot be determined to which of the two previously recited first positions the claim is referring.
Claim 12 is rendered indefinite by the recitations “a first position” and “a second position” because claim 12 depends from claim 1 which also recites “first position” and “a second position” and it is not clear if the claim 12 recitations are referring back to the claim 1 positions (and if so, which of the two previously recited claim 1 positions) or introducing two new positions.
Claim 12 is rendered indefinite by the recitations “the first position” and “the second position” because it cannot be determined to which of the previously recited plurality of first and second positions the claim is referring.
Claim 16 is rendered indefinite by the recitations “a first position” and “a second position” because claim 16 depends from claim 13 which also recites “first position” and “a second position” and it is not clear if the claim 16 recitations are referring back to the claim 13 positions or introducing two new positions.
Claim 16 is rendered indefinite by the recitations “the first position” and “the second position” because it cannot be determined to which of the previously recited first and second positions the claim is referring.
Claim 17 is rendered indefinite by the recitations “a first position” and “a second position” because claim 17 depends from claim 13 which also recites “first position” and “a second position” and it is not clear if the claim 17 recitations are referring back to the claim 13 positions (and if so, which of the two previously recited claim 13 positions) or introducing two new positions.
Claim 17 is rendered indefinite by the recitations “the first position” and “the second position” because it cannot be determined to which of the previously recited plurality of first and second positions the claim is referring.
Claim 20 is rendered indefinite by the recitations “a first position” and “a second position” because claim 20 depends from claim 18 which also recites “first position” and “a second position” and it is not clear if the claim 20 recitations are referring back to the claim 18 positions or introducing two new positions.
Claim 20 is rendered indefinite by the recitations “the first position” and “the second position” because it cannot be determined to which of the previously recited first and second positions the claim is referring.
Claim 21 is rendered indefinite by the recitations “a first position” and “a second position” because claim 21 depends from claim 18 which also recites “first position” and “a second position” and it is not clear if the claim 21 recitations are referring back to the claim 18 positions (and if so, which of the two previously recited claim 18 positions) or introducing two new positions.
Claim 21 is rendered indefinite by the recitations “the first position” and “the second position” because it cannot be determined to which of the previously recited plurality of first and second positions the claim is referring.
Claims that depend from a rejected claim are also rejected.
All of the claims are examined as best understood.
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 –
(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.
Claim(s) 1-3, 5-7, 9-11, 13-14, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by van der Sleesen (US 6854130 B2).
As to claim 1, van der Sleesen discloses a garment (title) comprising: a body portion (col 2 line 5-10 discloses a jacket and FIG 1A shows a body portion connected to a sleeve); and a sleeve configured to cover an arm of a wearer (FIG 1A shows a body portion connected to a sleeve), the sleeve comprising: a zipper track (zippered closure 37); a first zipper head movable along the zipper track between a first position proximate a shoulder of the wearer and a second position proximate a wrist of the wearer (at least one zipper headpiece 40; see annotated FIG 1A below), wherein the first zipper head is configured to move from the second position towards the first position to expose at least a first portion of the arm of the wearer (capable of moving and intended to move, see annotated FIG 1A below); and a second zipper head movable along the zipper track between a first position proximate the shoulder of the wearer and a second position proximate the wrist of the wearer (at least one zipper headpiece 40; see annotated FIG 1A below), wherein the second zipper head is configured to move from the first position towards the second position to expose at least a second portion of the arm of the wearer (capable of moving and intended to move, see annotated FIG 1A below), and wherein an end of the sleeve proximate the wrist is open, such that the sleeve is configured to fall away from the arm of the wearer as the second zipper is moved from the second position towards the first position (FIG 1A shows the end of the sleeve is open and the sleeve is necessarily open to receive the arm of the user; the sleeve is capable of falling away due to gravity).
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As to claim 2, van der Sleesen discloses the garment of claim 1, wherein the second zipper head is adjacent the first zipper head when the second zipper head is in the second position (as best understood, there is a single second position and when both zipper heads 40 are at the second position, both zipper heads 40 are adjacent one another).
As to claim 3, van der Sleesen discloses the garment of claim 1, wherein the first zipper head is adjacent the second zipper head when the first zipper head is in the first position (as best understood, there is a single first position and when both zipper heads 40 are at the first position, both zipper heads 40 are adjacent one another).
As to claim 5, van der Sleesen discloses the garment of claim 1, wherein the first zipper head and the second zipper head are continuously positionable along the zipper track (capable of being continuously positionable and intended to be continuously positionable, as this is a feature of zippers).
As to claim 6, van der Sleesen discloses the garment of claim 1, further comprising an opening extending between the second position and the first zipper head (FIGS 1A and 1C).
As to claim 7, van der Sleesen discloses the garment of claim 1, further comprising an opening extending between the first position and the second zipper head (FIGS 1A and 1C).
As to claim 9, van der Sleesen discloses the garment of claim 1, wherein the zipper track is configured to overlie a lateral surface of the arm of the wearer (capable of overlying and intended to overlie, as this is a known function of a jacket sleeve).
As to claim 10, van der Sleesen discloses the garment of claim 1, wherein the first portion is equal to the second portion (see annotated FIG 1A above).
As to claim 11, van der Sleesen discloses the garment of claim 1, wherein the first portion is different from the second portion (see annotated FIG 1A above).
As to claim 13, van der Sleesen discloses a garment (title) comprising: a body portion (col 2 line 5-10 discloses a jacket and FIG 1A shows a body portion connected to a sleeve); and a sleeve configured to cover an arm of a wearer (FIG 1A), the sleeve comprising:
a zipper track configured to overlie a lateral surface of the arm of the wearer (zippered closure 37; capable of overlying and intended to overlie, as this is a known function of a jacket sleeve); and
a first zipper head movable along the zipper track between a first position proximate a shoulder of a wearer and a second position proximate a wrist of the wearer (at least one zipper headpiece 40; see annotated FIG 1A below), wherein the first zipper head is configured to move from the second position towards the first position to expose at least a portion of the arm of the wearer (capable of exposing and intended to expose, see annotated FIG 1A below), and wherein an end of the sleeve proximate the wrist is open, such that the sleeve is configured to fall away from the arm of the wearer as the first zipper is moved from the second position towards the first position (FIG 1A shows the end of the sleeve is open and the sleeve is necessarily open to receive the arm of the user; the sleeve is capable of falling away due to gravity).
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As to claim 14, van der Sleesen discloses the garment of claim 13, further comprising an opening extending between the second position and the first zipper head (FIG 1A).
As to claim 16, van der Sleesen discloses the garment of claim 13, further comprising a second zipper head movable along the zipper track between a first position proximate the shoulder of the wearer and a second position proximate the wrist of the wearer (see annotated FIG 1A above), wherein the second zipper head is configured to move from the first position towards the second position to expose the arm of the wearer (capable of exposing and intended to expose).
As to claim 18, van der Sleesen discloses a garment (title) comprising: a body portion (col 2 line 5-10 discloses a jacket and FIG 1A shows a body portion connected to a sleeve); and a sleeve configured to cover an arm of a wearer (FIG 1A), the sleeve comprising:
a zipper track configured to overlie a lateral surface of the arm of the wearer (zippered closure 37; capable of overlying and intended to overlie, as this is a known function of a jacket sleeve); and
a first zipper head movable along the zipper track between a first position proximate a shoulder of the wearer and a second position proximate a wrist of the wearer (at least one zipper headpiece 40; see annotated FIG 1A below), wherein the first zipper head is configured to move from the first position towards the second position to expose at least a portion of the arm of the wearer (see annotated FIG 1A below), and wherein an end of the sleeve proximate the wrist is open (FIG 1A shows the end of the sleeve is open and the sleeve is necessarily open to receive the arm of the user).
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As to claim 19, van der Sleesen discloses the garment of claim 18, further comprising an opening extending between the first position and the first zipper head (FIG 1A).
As to claim 20, van der Sleesen discloses the garment of claim 18, further comprising a second zipper head movable along the zipper track between a first position proximate the shoulder of the wearer and a second position proximate the wrist of the wearer (see FIG 1A above), wherein the second zipper head is configured to move from the second position towards the first position to expose the arm of the wearer (capable of exposing and intended to expose).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over van der Sleesen (US 6854130 B2) as applied to claim 1 or 13 above, and further in view of Mayerson et al (US 20080196140 A1).
As to claims 8 and 15, van der Sleesen does not disclose a thumb loop on a portion of the sleeve proximate the wrist of the wearer.
Mayerson teaches a similar garment (title) including a thumb loop on a portion of the sleeve proximate the wrist of the wearer (20, 22).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a portion of the sleeve proximate the wrist of the wearer with a thumb loop, for the purpose of “keeping the arms and hands warm during outdoor activities in the cold and snow, and to protect from "snow wrist" which occurs during cold weather outdoor recreational activities” (para. 0022).
Claim(s) 12, 17, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over van der Sleesen (US 6854130 B2)
As to claim 12, van der Sleesen does not disclose the garment of claim 1, further comprising a second sleeve configured to cover a second arm of the wearer, the second sleeve comprising: a second zipper track; a third zipper head movable along the second zipper track between a first position proximate a second shoulder of the wearer and a second position proximate a second wrist of the wearer, wherein the third zipper head is configured to move from the second position towards the first position to expose at least a first portion of the second arm of the wearer; and a fourth zipper head movable along the second zipper track between a first position proximate the second shoulder of the wearer and a second position proximate the second wrist of the wearer, wherein the fourth zipper head is configured to move from the first position towards the second position to expose at least a second portion of second the arm of the wearer.
Although van der Sleesen does not expressly disclose the jacket has a second sleeve like the one shown in FIG 1A, it is known in the art to provide a jacket with two sleeves. Furthermore, duplicating the sleeve shown in FIG 1A would obviously result in the structure of claim 12.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A for the purpose of protecting a ventilating both of the wearer’s arms.
As to claim 17, van der Sleesen does not disclose the garment of claim 13, further comprising a second sleeve configured to cover a second arm of the wearer, the second sleeve comprising: a second zipper track configured to overlie a lateral surface of the second arm of the wearer; and a second zipper head movable along the second zipper track between a first position proximate a second shoulder of the wearer and a second position proximate a second wrist of the wearer, wherein the second zipper head is configured to move from the second position towards the first position to expose at least a portion of the arm of the wearer.
Although van der Sleesen does not expressly disclose the jacket has a second sleeve like the one shown in FIG 1A, it is known in the art to provide a jacket with two sleeves. Furthermore, duplicating the sleeve shown in FIG 1A would obviously result in the structure of claim 12.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A for the purpose of protecting a ventilating both of the wearer’s arms.
As to claim 21, van der Sleesen does not disclose the garment of claim 18, further comprising a second sleeve configured to cover a second arm of the wearer, the second sleeve comprising: a second zipper track configured to overlie a lateral surface of the second arm of the wearer; and a second zipper head movable along the second zipper track between a first position proximate a second shoulder of the wearer and a second position proximate a second wrist of the wearer, wherein the second zipper head is configured to move from the first position towards the second position to expose at least a portion of the second arm of the wearer.
Although van der Sleesen does not expressly disclose the jacket has a second sleeve like the one shown in FIG 1A, it is known in the art to provide a jacket with two sleeves. Furthermore, duplicating the sleeve shown in FIG 1A would obviously result in the structure of claim 12.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A, since mere duplication of the essential working parts of a device involves only routine skill in the art. See MPEP 2144.04 (VI)(B).
Furthermore, It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide a second sleeve with the structure of the sleeve shown in FIG 1A for the purpose of protecting a ventilating both of the wearer’s arms.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Clinton 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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/ Primary Examiner, Art Unit 3732