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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 18 December 2025 has been entered.
Response to Amendment
Applicant’s amendment, received 18 December 2025, is reviewed and entered. This Office Action is a non-final rejection.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Status of Claims
Amended
1-4, 6-11, 13-14
Pending
1-18
Presented for Examination
1-18
Response to Arguments
Applicant's arguments filed 18 December 2025 have been fully considered but they are not persuasive.
Drawing Objections and Claim Objections
Overcome by the submission and withdrawn.
112(b) Rejections
The rejections of claims 7-9 and 11 are overcome by the amendment and withdrawn. Claim 14 remains rejected, with further explanation below.
102 Rejections
Regarding claim 1, Applicant argues Schuster’s pockets are not positioned in a bottom portion and do not extend across a width.
This is not persuasive. As set forth in the previous rejection of claim 7 and the current rejections of claims 1 and 7 below, Schuster’s bottom portion is interpreted as being below the broken line. The claims do not define any boundaries of the bottom portion and so the boundaries are left up to interpretation. Examiner has annotated a figure to show the boundary between a top portion and a bottom portion, and the pocket is in the bottom portion. Furthermore, the pocket extends substantially across a width as recited in claim 1. If Applicant is intending to recite the pocket extends across the entire width of the garment or the pocket extends across a substantial amount of the garment’s width, then this has not been claimed. The pocket has a width and the garment has a width and the pocket “extends substantially” across a width of the garment, due to the pocket having a width.
Applicant does not separately argue against the rejections of any dependent claims.
103 Rejections
The amendment to claim 1 overcomes the Feodoroff reference, and the rejections in view of Feodoroff are withdrawn.
In light of the above, the rejection is believed to be proper.
Drawings
The drawings were received on 18 December 2025. These drawings are acceptable.
Claim Objections
Claim 2 is objected to because of the following informalities: replace “a front portion” with –the front portion—because claim 2 depends from claim 1 which introduces a front portion, so claim 2 should be amended for proper antecedent basis. Appropriate correction is required.
Claim 3 is objected to because of the following informalities: replace “fist” with –first--. Appropriate correction is required.
Claims 6, 10, 11, and 13 are objected to because of the following informalities: replace “the rear portion” with –the back portion—for proper antecedent basis from claim 2. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: replace “a bottom portion” with –the bottom portion—for proper antecedent basis from claim 1. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: replace “a bottom” with –the bottom portion--. Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 14 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 14 is indefinite because it is not clear if the hook and loop portions are the same as or in addition to the hook and loop fastener of claim 12. Claim 14 depends from claim 12 which recites a hook and loop fastener. Claim 14 further recites a hook portion and a loop portion. Are the hook and loop portions in addition to the hook and loop fastener of claim 12, such that there is 1) a hook and loop fastener, 2) a hook portion, and 3) a loop portion? Or, in the alternative, are the hook and loop portions included in the hook and loop fastener, such that there is a hook and loop fastener and the hook and loop fastener comprises 1) a hook portion and 2) a loop portion?
Claim 14 is indefinite because claim 14 twice recites the limitation "the two portions”. There is insufficient antecedent basis for this limitation in the claim. It is noted that claim 11 has support for “two portions” but claim 14 does not depend from claim 11. Or, in the alternative, are claim 14’s “two portions” referring to the hook portion and the loop portion? Or, further still, are claim 14’s “two portions” referring to any of the other “portions” that are recited in the claims?
The claims are examined as best understood.
Claim Rejections - 35 USC § 112(d)
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. It is not clear how claim 7 further defines the invention of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
Claim(s) 1-2, 4, 6-9, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schuster (US 2417888 A).
As to claim 1, Schuster discloses a burping garment (“Garment,” title) comprising:
an upper body garment (20);
a burping cloth removably connected to the upper body garment (40 removably connected via 32 and 34); and
a pocket formed in a front surface of a bottom portion of the upper garment and extending substantially across a width of a front portion of the bottom portion in the upper garment (30 and/ or 31, see annotated FIG 1 below, where everything below the broken line is the “bottom portion”) and configured to store at least one item (capable of storing at least one item, such as an item the size of or smaller than the pocket 30).
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As to claim 2, Schuster discloses the burping garment of claim 1, wherein the upper body garment comprises a front portion (FIG 1) and a back portion positioned opposite the front portion (FIG 2).
As to claim 4, Schuster discloses the burping garment of claim 2, further comprising: a burping cloth fastener mounted on the front portion of the upper body garment and configured to removably secure the burping cloth to the upper body garment (32 which is capable of and intended to removably secure burping cloth 40).
As to claim 6, Schuster discloses the burping garment of claim 4, further comprising a second burping cloth fastener configured to removably secure the burping cloth to the burping garment (34 which is capable of and intended to removably secure burping cloth 40), the second burping cloth fastener positioned on the rear portion of the upper body garment (FIG 2).
As to claim 7, Schuster discloses the burping garment of claim 1, further comprising a bottom portion (see annotated FIG 1 below, where everything below the broken line is the “bottom portion”), wherein the pocket is formed in a bottom of the upper body garment (FIG 2).
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As to claim 8, Schuster discloses the burping garment of claim 7, further comprising a pocket fastener configured to close the pocket (32 is “for holding the pockets closed” as disclosed in col 2 line 49-51).
As to claim 9, Schuster discloses the burping garment of claim 7, wherein the pocket includes a plurality of pockets (30 and 31).
As to claim 15, Schuster discloses the burping garment of claim 2, wherein the front portion include a flap configured to selectively cover and uncover a breast area of the user (21R and/ or 21L in FIG 3).
As to claim 16, Schuster discloses the burping garment of claim 15, further comprising a breast area fastener configured to selectively secure the flap over the breast area of the user (24).
As to claim 17, Schuster discloses the burping garment of claim 16, wherein the breast area fastener includes at least one button (col 2 line 20-25 discloses elements 24 are buttons).
As to claim 18, Schuster discloses the burping garment of claim 16, wherein the breast area fastener includes a pair of buttons (FIG 1 shows three buttons 24 and one button 24a).
Claim Rejections - 35 USC § 103
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US 2417888 A) as applied to claim 1 above, and further in view of Poindexter et al. (US 7082617 B1).
As to claim 3, Schuster does not disclose the burping garment of claim 1, further comprising a fist sleeve configured to receive a first arm of a user and a second sleeve configured to receive a second arm of the user.
Poindexter teaches a similar garment (“Mommy bib,” title) including a first sleeve configured to receive a first arm of a user and a second sleeve configured to receive a second arm of the user (see annotated FIG 1 below).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the garment of Schuster with sleeves as taught by Poindexter, for the purpose of providing the desired degree of body coverage for the wearer for modesty, insulation, and protection from the sun.
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US 2417888 A) as applied to claim 4 above, and further in view of Kuever et al. (US 8973163 B1).
As to claim 5, Schuster does not disclose the burping garment of claim 4, wherein the burping cloth fastener is a hook and loop fastener, where the upper body garment includes one of a hook element and a loop element and the burping cloth incudes the other of the hook element and the loop element.
Schuster discloses the burping cloth fasteners 32/ 34 are buttons or snaps (col 2 line 45-60).
It is known in the art that various types of fastening mechanisms are functionally equivalent. Hook and loop, button and buttonhole, hook and catch, snaps, and adhesive are a few examples. These fasteners may be used interchangeably depending upon the desired aesthetic effect. Further, the specification does not give an indication of why the hook and loop would be desirable over another fastener type.
In para. 0085 of the instant specification, Applicant states, “It should however be appreciated that the burping cloth fasteners 128a, 128b, 132, 134 are not limited to hook and loop fasteners. For example, a snap fastener, a button, or the like may be used.” Therefore, Applicant also recognizes that Schuster’s snaps or buttons are equivalent to the claimed hook and loop fastener.
Kuever teaches a similar garment (“Infant caregiver protective garment having an athletic shoulder pad appearance,” title) including burp cloths styled as epaulets (e.g., 57) that are removably connected to the upper body garment via a hook and loop fastener on the front and a hook and loop fastener on the back. See 71 and 73 in FIG 10.
Therefore, it is known to removably connect a burp cloth to a garment via hook and loop fasteners.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the burping cloth fastener to be a hook and loop fastener, where the upper body garment includes one of a hook element and a loop element and the burping cloth incudes the other of the hook element and the loop element, for the purpose of providing a known fastener to keep the cloth in place on the garment while allowing the cloth to be removed for cleaning.
Claim(s) 10-12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US 2417888 A) as applied to claim 2 above, and further in view of Mottl (US 20040261152 A1).
As to claim 10, Schuster does not disclose the burping garment of claim 2, wherein the rear portion of the upper garment is at least partially open.
Mottl teaches a similar garment (“Durable aesthetically pleasing garment protector,” title) including the rear portion of the upper garment is at least partially open (see FIG 3 and para. 0027 which discloses the two halves 15A and 15B are selectively attachable together via hook and loop 16, and when they are unattached, the rear portion is at least partially open).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the rear portion to be at least partially open, for the purpose of allowing the garment to be easily taken on and off (Mottl para. 0027).
As to claim 11, Schuster discloses the burping garment of claim 10, further comprising a garment fastener configured to secure two portions of the rear portion (when Schuster is modified to have a partially open back as taught by Mottl, the modification includes Mottl’s hook and loop fastener 16).
A to claim 12, Schuster discloses the burping garment of claim 10, wherein the garment fastener comprises a hook and loop fastener (when Schuster is modified to have a partially open back as taught by Mottl, the modification includes Mottl’s hook and loop fastener 16).
As to claim 14, Schuster discloses the burping garment of claim 12, wherein a first hook portion is provided at an end of a first portion of the two portions and a first loop portion is provided at an end of a second portion of the two portions (when Schuster is modified to have a partially open back as taught by Mottl, the modification includes Mottl’s first and second portions 15A and 15B and hook and loop fastener 16).
Claim(s) 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schuster (US 2417888 A) as applied to claim 2 above, and further in view of Bennett (US 6742189 B2).
As to claim 10, Schuster does not disclose the burping garment of claim 2, wherein the rear portion of the upper garment is at least partially open.
Bennett teaches a similar garment (“Collapsible children's bib and method of making same,” title) including the rear portion of the upper garment is at least partially open (FIG 2).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to provide the rear portion to be at least partially open, for the purpose of allowing the garment to be loosely retained about the wearer’s body (Bennett col 5 line 5-10).
As to claim 11, Schuster discloses the burping garment of claim 10, further comprising a garment fastener configured to secure two portions of the rear portion (when Schuster is modified to have a partially open back as taught by Bennett, the modification includes Bennett’s hook and loop fastener 38).
As to claim 12, Schuster discloses the burping garment of claim 10, wherein the garment fastener comprises a hook and loop fastener (when Schuster is modified to have a partially open back as taught by Bennett, the modification includes Bennett’s hook and loop fastener 38).
As to claim 13, Schuster discloses the burping garment of claim 12, wherein the rear portion comprises a first portion including a first strap and a second portion including a second strap, wherein the garment fastener secures the first portion to the second portion (when Schuster is modified to have a partially open back as taught by Bennett, the modification includes Bennett’s portions and straps shown in annotated FIG 5 below).
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As to claim 14, Schuster discloses the burping garment of claim 12, wherein a first hook portion is provided at an end of a first portion of the two portions and a first loop portion is provided at an end of a second portion of the two portions (when Schuster is modified to have a partially open back as taught by Bennett, the modification includes Bennett’s portions hook and loop 38).
Conclusion
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 SALLY HADEN whose telephone number is (571)272-6731. The examiner can normally be reached M-F 9-5.
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 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