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 amendment and corresponding arguments, filed 7/16/2026, have been reviewed and considered. Claims 1 and 3-4 have been amended and therefore, claims 1-13 are currently pending. Applicant’s amendment to independent claim 1 is considered sufficient in overcoming the 35 U.S.C. 102(a)(1) rejections by both WANG et al. (CN 212307506 U) and DENG et al. (CN 112568681 A) based on the addition of “a fastener” thereto. However, applicant’s amendment and corresponding arguments are not persuasive in overcoming the 35 U.S.C. 102(a)(1) rejection by MAGNEN et al. (FR 2620323 A1).
In response to the previous Office Action, the applicant amended independent claim 1 to include that “an upper end of the first component is configured to attach to a bar using a fastener and a lower end of the first component is configured to contact the ground” and that the second component is “configured to hold a waistband of a garment, wherein the garment is pants and/or underpants”. Besides the addition of “a fastener”, these recitations are purely functional containing no further limiting structure. Note that a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. As is with MAGNEN, if the prior art structure is capable of performing the intended use, then it meets the claim. Note that MAGNEN contains all the structure as claimed by the applicant and is therefore fully capable of performing the claimed function. Please note the prior art rejections below for further details. This Office Action is a Final Rejection.
Specification and Drawings
The amendment filed 7/16/2026 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Note that the addition of figures 6 and 7 alone constitutes new matter because the addition of the drive belt motor 610, the drive belt housing 612, the drive belt motor housing 614, the drive belt 616, the drive belt tensioner assembly 618, the foot 620 and the inner lumen 710 incorporate visual features/details (shape, orientation, size, spatial relationships, etc.) that were not explicitly or inherently disclosed in the initial application. Additionally, the addition of at least the drive belt motor housing 614, the drive belt housing 612 and the drive belt tensioner assembly 618 to the specification is also new matter because these features were not originally disclosed.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 102
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) 1-4 and 7-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MAGNEN et al. (FR 2620323 A1).
Regarding claims 1, 4 and 11, MAGNEN discloses a portable garment donning assistance device comprising: a first component (1, 2) extending along a first notional axis, and a second component (8) is configured to hold a garment and is movably connected to the first component (1) so as to move in a direction parallel to the first notional axis between a lowered position and a raised position (Figures 1-2). Note that an upper end (at 4) of the first component (1, 2) is fully capable of functioning to attach to a bar using a fastener (15) and a lower end (2) of the first component (1, 2) is capable of functioning to contact the ground (Fig. 1). Additionally, even though MAGNEN discloses the second component (8) being used to hold an upper body garment (12), the second component of MAGNEN contains all the structure as claimed by the applicant and is therefore, fully capable of holding a waistband of pants or underpants as claimed.
Regarding claim 2, MAGNEN discloses a first moving means (4, 6, 7) configured to move the second component (8) between the lowered position and the raised position (Figures 1-2).
Regarding claim 3, MAGNEN discloses wherein the second component (8) comprises a first member (10) and two second members (9, 9) connected to the ends of the first member (10) to be capable of functioning to hold a waistband of the garment (Figures 1-2).
Regarding claims 7 and 8, MAGNEN discloses the first moving means (4, 6, 7) comprises a drive belt mechanism (6) and a drive motor (4) (Figures 1-2).
Regarding claim 9, MAGNEN discloses the second members (9, 9) being movable (note arrow 13) to be parallel with the first member (1) for storage (Figure 1).
Regarding claim 10, MAGNEN discloses wherein the first component (1) comprises an inner lumen (5) wherein the drive belt mechanism (6) is disposed within the inner lumen (5) (Fig. 1).
Claim Rejections - 35 USC § 103
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) 1-5, 7-8 and 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WANG et al. (CN 212307506 U) in view of MAGNEN et al. (FR 2620323 A1).
Regarding claims 1, 4 and 11, WANG discloses a portable garment donning assistance device comprising: a first component (2, 9, 1) extending along a first notional axis, and a second component (5, 6, 8, 11) is configured to hold a garment and is movably connected to the first component (2, 9) so as to move in a direction parallel to the first notional axis between a lowered position and a raised position (Figures 1-6). Note that a lower end (1) of the first component (2, 9, 1) of WANG is configured to contact the ground (Figures 1-5). Additionally, the second component (5, 6, 8, 11) of WANG contains all the structure as claimed by the applicant and is therefore, considered fully capable of holding a waistband of pants or underpants as claimed. However, WANG fails to disclose an upper end of the first component comprising a fastener.
MAGNEN discloses a garment donning assistance device comprising a first component (1, 2) wherein the first component includes a fastener (15) on an upper end (at 4) thereof, in order to help stabilize the device (Fig. 1). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the upper end of the first component of WANG with a fastener, in light of the teachings of MAGNEN, in order to help stabilize the device. Note that the fastener of WANG in view of MAGNEN contains all the structure as claimed by the applicant and is therefore considered fully capable of functioning to attach to a bar as claimed.
Regarding claim 2, WANG discloses a first moving means (7) configured to move the second component (5, 6, 8, 11) between the lowered position and the raised position (Figures 1-6).
Regarding claim 3, WANG discloses wherein the second component (5, 6, 8, 11) comprises a first member (5) and two second members (6) connected to the ends of the first member (5) to be capable of functioning to hold a waistband of the garment (Figures 1-6).
Regarding claim 5, WANG discloses a second moving means (3) configured to move the first component (2, 9) along the first notional axis (Figures 1-6).
Regarding claims 7, 8, 10 and 12-13, WANG discloses a garment donning assistance device comprising first and second moving means as discussed above. Note that both the first and second moving means of WANG are screw drives comprising screw rods (3; 7) and respective motors (12; motor on 5) (Fig. 4). The use of a belt drive is considered old and known in the art and is advantageous in being quiet and low maintenance. MAGNEN discloses a garment donning assistance device comprising a moving means (4, 6, 7) configured to move a second component (8) in a vertical direction with respect to a first component (1) (Figures 1-2). The moving means of MAGNEN is a belt drive comprising a drive belt mechanism (6) and a drive motor (4) (Fig. 1) wherein the drive belt mechanism (6) is located within an inner lumen (5) of the first component (1) (Fig. 1). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have replaced the first and second moving means of WANG with belt drives, in light of the teachings of MAGNEN and common knowledge in the art, in order for the first and second moving means to be quiet and require little maintenance.
Claim(s) 1-4, 6 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over DENG et al. (CN 112568681 A) in view of MAGNEN et al. (FR 2620323 A1).
Regarding claims 1, 4 and 11, DENG discloses a portable garment donning assistance device comprising: a first component (10, 1) extending along a first notional axis, and a second component (3, 4) is configured to hold a waistband of pants (“trousers”) and is movably connected to the first component (10) so as to move in a direction parallel to the first notional axis between a lowered position and a raised position (Figures 1-5). Note that a lower end (1) of the first component (10, 1) of DENG is configured to contact the ground (Figures 1-5). However, DENG fails to disclose an upper end of the first component comprising a fastener.
MAGNEN discloses a garment donning assistance device comprising a first component (1, 2) wherein the first component includes a fastener (15) on an upper end (at 4) thereof, in order to help stabilize the device (Fig. 1). Accordingly, it would have been obvious to a person with ordinary skill in the art at the time the invention was made to have provided the upper end of the first component of DENG with a fastener, in light of the teachings of MAGNEN, in order to help stabilize the device. Note that the fastener of DENG in view of MAGNEN contains all the structure as claimed by the applicant and is therefore considered fully capable of functioning to attach to a bar as claimed.
Regarding claim 2, DENG discloses a first moving means (8, 14) configured to move the second component (3, 4) between the lowered position and the raised position (Figures 1-5).
Regarding claim 3, DENG discloses wherein the second component (3, 4) comprises a first member (center section of 3 connected to 8) and two second members (right and left portions of 3, 4 that extend from the center section of 3) connected to the ends of the first member to be capable of functioning to hold a waistband of the garment (Figures 1-5). 3
Regarding claim 6, DENG discloses each of the second members comprising a finger member (5) movable along a rail (4) of the second member, wherein the finger member (5) is fully capable of functioning to hold a waistband of the garment (Fig. 1).
Conclusion
The prior art made of record, as cited on attached PTO-892, and not relied upon is considered pertinent to applicant's disclosure. Note that use of a foot (in the form of an end cap 28) instead of a base plate, is common in the art as shown in US 4,756,453.
THIS ACTION IS MADE FINAL. 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 NATHAN E DURHAM whose telephone number is (571)272-8642. The examiner can normally be reached 8:00 am - 4:00 pm, Monday - Friday.
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NED
/NATHAN E DURHAM/ Primary Examiner, Art Unit 3732
