DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 1-20 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.
In claim 1, on lines 9-10 and in claim 13, on lines 14-15, each occurrence of “at least two dimensions inwardly from the front bodice and the back bodice” and in claim 8, on line 3 and in claim 14, on lines 3-5, each occurrence of “at least three dimensions inwardly” is indefinite since it is unclear as to how the connector allows the garment shell to compress in at least two dimensions and at least three dimensions. Is the connector including at least one side panel elastic, adjustable, etc. relative to the front and back bodices? Correction is required.
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.
Claims 1-7, 9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Zakrewski (US 4,602,387).
Zakrzewski discloses an augmented gear includes a garment (10) formed in part of an insulating material /foam liner (12), col. 2, lines 34-36 that is configured to trap the body heat underneath thereof and a plurality of weights (19) are distributed equally throughout weight bearing portions of the garment as shown in figure 1. A plurality of cells/pockets (18) on a front face within the garment are configured to accept the plurality of weights (19) made of high density material/steel, col. 2, line 51 about the abdomen as shown in figure 1. The plurality of weights (19) are a plurality of round, flat slugs as shown in figure 2. Furthermore, the augmented gear having the garment is formed in at least in part of a compressive material /foam (13) configured to compress against the body, col. 2, lines 34-35 as shown in figure 4. Also, the augmented gear defines a front face and a back face that respectively correspond to the front and back of the user and the plurality of weights (19) are distributed so as to not interfere with the natural expansion and contraction user’s muscle of the upper arms when the device is worn as shown in figure 1. Also, the garment defines a garment shell made of a garment material with front bodice, back bodice and side panels/connectors extending therebetween and the foam liner defining the lining that is configured to receive the plurality of weighs as shown in figures 1 and 5.
However, Zakrzewski does not show the plurality of weights being compressed against the body.
Col. 3, lines 9-13, discloses the garment being adjusted to various body sizes by two side straps as shown in figure 5.
Therefore, it would have been obvious to one skilled in the art before the effective date of the claimed invention that the plurality of weights of Zakrzewski will substantially compress against various body sizes when the side straps are adjusted substantially inward for proper fit or depending on end use thereof.
With regard to claims 5 and 6, it would have been obvious to one skilled in the art before
the effective date of the claimed invention that the plurality of weights made of steel of
Zakrzewski can include but not limited to being formed of plastics, cut up pieces, etc. to make
the device cost effective or as required for a particular application thereof.
Claims 2-3 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Zakrzewski as applied to claim 1 above, and further in view of Irwin (US 6,209,135). Zakrewski discloses the invention as set forth above except for showing each of the plurality of weights encased and arranged in a compressible material
Irwin discloses and augmented gear including a garment having each of the plurality of
weights (26, 29) surrounded by a padded material (30) made of silicone gel, col. 3, lines 58-59
being formed separately from the garment as shown in figures 3 and 4. Further, the plurality of weights are installed in the augmented gear in a matrix configuration.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the each of the plurality of weights Zakrzewski are surrounded/encased and arranged in a matrix in compressible material as taught by Irwin being comfortable and substantially flexible relative to the body or depending on end use thereof. Further, with regard to claim 12, it would have been obvious to one skilled in the art before the effective date of the claimed invention that the each of the plurality of weights Zakrzewski when viewed with Irwin can but not limited to be installed in the gear in a foam matrix, etc. so make the device cost effective.
With regard to claim 11, it would have been obvious to one skilled in the art before the effective date of the claimed invention that insulation material/foam liner (12) Zakrzewski is substantially non-breathable as known in the protective art.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Zakrzewski as applied to claim 1 above, and further in view of Thiel (WO 2020/036642 A2). Zakrzewski discloses the invention as set forth above except for having the at least one side panel including one of the plurality of weight therein.
Thiel discloses a load bearing garment having shoulder straps and side panels including a plurality of pouches thereon.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the one of the plurality of weights with side panels/connectors of
Zakrzewski can be provided with plurality of pouches thereon as taught by Thiel so desired
tactical weighted items can be carried therein or as required for a particular application thereof.
Furthermore, it would have been obvious to one skilled in the art before the effective date of the claimed invention that garment of Zakrzewski can be provided with shoulder straps as taught by Thiel so that the garment is properly fitted about different body shapes/sizes or depending on end use thereof.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Zakrzewski
as applied to claim 1 above, and further in view of Ott (US 6,081,924). Zakrzewski discloses
invention as set forth above except for showing the plurality of weights being equally distributed
on a back face.
Ott discloses a garment defining a front face and a back face that respectively
correspond to the front and back of the user having a plurality of weights are distributed on
said front face and the back face being distributed on the front face towards the user’s
abdomen muscles and the plurality of weights are distributed on the back face are equally
distributed around the back about the back muscles as shown in figure 2. Further, the plurality
of weight on the front face is distributed complementary to the back face as also shown in
figure 2.
It would have been obvious to one skilled in the art before the effective date of the
claimed invention that the garment of Zakrzewski having the plurality of weights equally
distributed on the front face can be provided being equally distributed on the back face and
distributed complementary thereto as taught by Ott about the abdomen and back muscles
depending on the training/exercise requirement or end use thereof.
Allowable Subject Matter
Claims 13-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action. Claim 13 with its respective dependents are allowable because the prior art does not teach or suggest the recitation therein including a method of manufacturing augmented gear, the method includes assembling a garment shell using an insulating material by forming at least a front bodice, an opposite back bodice and a connector extending between and interconnecting the front bodice and the back bodice on the sides, the insulating material configured to trap body heat under the insulating material; preparing a lining for the garment shell; closing a first set of sides of at least one of the shell and the lining, wherein the at least one of the shell and the lining is configured to receive a plurality of weights; installing one or more weights into the lining such that the lining bears at least a portion of a load of the one or more weights; and closing a second set of sides of the at least one of the shell and the lining, wherein closing the second set of sides encloses the one or more weights, each of the front bodice and the back bodice comprising at
least one of the plurality of weights such that the garment is configured to compress against the
the body.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Each of the prior art references discloses a weight garment having front and rear panels being attached together by a side
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February 18, 2026 /TAJASH D PATEL/ Primary Examiner,
Art Unit 3732