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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, a medical cape, corresponding to claims 1-19, in the reply filed on 06 January 2026 is acknowledged.
Applicant's election with traverse of Species 1, a maternity cape shown in FIGS 1A-1B and corresponding to claims 1-9, 12-13, and 15-19, in the reply filed on 06 January 2026 is acknowledged. The traversal is on the ground(s) that there is not a serious search and/ or examination burden. This is not found persuasive because the two species have diverging subject matter and would require unique search strategies including different subclasses and text searching.
The requirement is still deemed proper and is therefore made FINAL.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06 January 2026.
Claims 10-11, 14, and 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 06 January 2026.
Claims 10-11 are withdrawn by Examiner for being drawn to a nonelected species. Species 1 does not have extended sleeves as required by claims 10-11. The extended sleeves are a feature of Species 2 as shown in FIGS 2A-2B and described in paras. 0014 and 0050. Therefore, claims 10-11 are drawn to Species 2 and not elected Species 1.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1:
disconnected section
left-torso seam
right-torso seam
Providing one or both of FIGS 1A-1B with reference numbers for the above features would be sufficient to overcome this objection.
Claim 2:
“the left-front side is removably attachable to the right-front side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener”
FIG 1A has support for a single snap 38, but not plural snap fasteners or snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener. Amending “snap fasteners” to –a snap fastener—and canceling “snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener” would be sufficient to overcome this objection.
Claims 3-4:
wherein the left-front shoulder [section] is removably attachable to the left-back shoulder section of the left-back side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook- and-eye closure, ties, and/or hook-and-loop fastener”
FIGS 1A-1B have support for a front shoulder band 40, but it is not clear if this is the connection device described in claim 3, nor is it clear if 40 is “snap fasteners, snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener.”
Claim 4:
“an overlap between the left-front shoulder and the left-back shoulder is approximately 1 inch to 1.5 inches”
FIG 1A has support for overlap 32, but no other overlap, and overlap 32 is not between the left front and back shoulders.
Claim 5:
“right-shoulder seam”
Providing one or both of FIGS 1A-1B with reference numbers for the above features would be sufficient to overcome this objection.
Claim 6:
“wherein the right-front shoulder of the right-front side is removably attachable to the right-back shoulder section of the right-back side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook- and-eye closure, ties, and/or hook-and-loop fastener”
Claim 7-8:
The torso seam ends about 6-18 inches above a bottom of the front side
Providing the figures with a reference number for the torso seam, the bottom of the front side, and the position where the torso seam ends would be sufficient to overcome this objection.
Claim 9:
a right edge of the left-front side
a left edge of the right-front side
Providing FIG 1A with reference numbers for the above features would be sufficient to overcome this objection.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 4, 5, 6 are objected to because of the following informalities: “shoulder” should be –shoulder section—for proper antecedent basis. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: a recitation appears to be missing. Appropriate correction is required.
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) 1-6, 9, and 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freeman (US 4570268 A) in view of Lederer (US 5768707 A).
As to claim 1, Freeman discloses a medical cape (“Patient's garment,” title) comprising:
a front side comprising a left-front side and a right-front side (col 6 line 15-30 discloses the garment may be worn with the side panels in the front or back, so either may be considered the front or back side; for the purpose of examination, the side with the side panels is considered to be the front side and this view is shown in FIG 3),
wherein the left-front side is adaptively and removably attachable to the right-front side (via 42 and 44);
a back-side (16/ 16a);
a left-front-shoulder section of the left-front side removably attachable to a left-back shoulder section of the left-back side (see FIGS, removably attachable via 56 and 58); and
a right-front-shoulder section of the right-front side attachable to a right-back-shoulder section of the right-back side (see FIGS, removably attachable via 56 and 58),
wherein a portion of a front-left edge of the left-front side is permanently attached to a portion of back-left edge of the left-back side at a left-torso seam and a portion of a front-right edge of the right-front side is permanently attached to a portion of a right-back edge of the right- back side at a right-torso seam (torso seams are shown in FIG 9 and described in col 6 line 55-65).
Freeman does not disclose the back-side comprising a central placket between a left-back side and a right-back side, wherein a disconnected section of the left-back side and a disconnected section the right-back side overlap.
Freeman col 6 line 15-30 discloses that the vertical center opening can be worn in either the front as shown in FIG 3 or the back as shown in FIG 4. The vertical center opening comprises a central placket between a left and right side (combination of marginal outer side edges 28 and 30), wherein a disconnected section of the left and right back sides overlap (28 and 30 overlap when 42 and 44 are connected, but portions between and below 42 and 44 are disconnected; col 5 line 45-50 discloses a kick pleat which is a disconnected section below the lowermost fasteners 42 and/ or 44).
Therefore, Freeman discloses the structure of the central placket having a left and right side and a disconnected section, but Freeman only discloses this structure on one of the front or back of the garment. However, because Freeman discloses wearing the vertical center opening on either the wearer’s front or back, Freeman recognizes the advantages of a vertical center front and vertical center rear opening.
Lederer teaches a similar garment (“Examination gown,” title) including a front and back side, where both the front and back sides have left and right sides that removably attach to one another along a vertical center opening (59, 75).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to duplicate the Freeman vertical center opening and provide it on both the front and the back side of the garment, in the manner that Lederer teaches providing a vertical center opening on both the front and back side of a garment, 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 Freeman’s vertical center opening on both the front and back side of the garment, for the purpose of allowing access to the wearer’s body for examination, as shown in Lederer FIGS 6 and 8.
As to claim 2, Freeman as modified discloses the medical cape of claim 1, wherein the left-front side is removably attachable to the right-front side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener (Freeman 42 and 44 are hook and loop, col 5 line 15-20).
As to claim 3, Freeman as modified discloses the medical cape of claim 1, wherein the left-front shoulder section of the left- front side is removably attachable to the left-back shoulder section of the left-back side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook- and-eye closure, ties, and/or hook-and-loop fastener (Freeman 56 and 58 are the same type as 42 and 44, and 42 and 44 are hook and loop, col 5 line 64 – col 6 line 15, col 5 line 15-20).
As to claim 4, Freeman as modified discloses the medical cape of claim 1, wherein the left-front shoulder is removably attachable to the left-back shoulder section of the left-back side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook-and-eye closure, ties, and/or hook-and-loop fastener (Freeman 56 and 58 are the same type as 42 and 44, and 42 and 44 are hook and loop, col 5 line 64 – col 6 line 15, col 5 line 15-20), but does not disclose an overlap between the left-front shoulder and the left-back shoulder is approximately 1 inch to 1.5 inches.
However, Freeman does disclose an overlap between the left front and back shoulder sections where 56 and 58 fasten together. Furthermore, 56 and 58 are 1-1.5” in width and height (Freeman 56 and 58 are the same type as 42 and 44, and 42 and 44 are 1-1.5” in width and height, col 5 line 64 – col 6 line 15, col 5 line 5-20). Freeman FIGS 1, 5-6, 8 shows the overlap is close to the size of the fasteners 56 and 58. Therefore, one of ordinary skill would expect the overlap to be approximately 1-1.5 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide an overlap between the left-front shoulder and the left-back shoulder being approximately 1 inch to 1.5 inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide an overlap between the left-front shoulder and the left-back shoulder being approximately 1 inch to 1.5 inches, for the purpose of providing the desired body coverage.
As to claim 5, Freeman as modified discloses the medical cape of claim 1, wherein the right-front shoulder of the right-front side is attachable to the right-back shoulder section of the right-back side via a right-shoulder seam (at Freeman edges 34 and 36 via fasteners 56 and 58).
As to claim 6, Freeman as modified discloses the medical cape of claim 1, wherein the right-front shoulder of the right-front side is removably attachable to the right-back shoulder section of the right-back side via a connection device selected from the group consisting of snap fasteners, snap tape, buttons, hook- and-eye closure, ties, and/or hook-and-loop fastener (at Freeman edges 34 and 36 via fasteners 56 and 58; Freeman 56 and 58 are the same type as 42 and 44, and 42 and 44 are hook and loop, col 5 line 64 – col 6 line 15, col 5 line 15-20).
As to claim 9, Freeman as modified discloses the medical cape of claim 1, wherein an overlap of the left-front side and the right-front side extends from a right edge of the left-front side to a left edge of the right-front side (FIG 1 shows the overlap, the overlap is at 28 and 30 via 42 and 44), and wherein the overlap of the left-front side and the right-front side is about 2 inches to 12 inches (col 5 line 25-30 discloses 1.5-2 inches, which overlaps with the claimed range).
As to claim 15, Freeman as modified does not disclose the medical cape of claim 1, wherein a width of the central placket ranges from 1 inch to 4 inches.
Freeman does disclose the width of the central placket is similar to the dimensions of fasteners 42 and 44 which are 1-1.5” in width and is similar to or the same as the overlap of 1.5-2 inches disclosed in col 5 line 25-30. Therefore, one of ordinary skill would expect the placket to also be 1-1.5” or 1.5-2” in width or thereabouts, which falls within the claimed range.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a width of the central placket ranges from 1 inch to 4 inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a width of the central placket ranges from 1 inch to 4 inches, for the purpose of providing the desired aesthetics.
As to claim 16, Freeman as modified does not disclose the medical cape of claim 15, wherein the width of the central placket ranges from or from 1.5 inches to 3 inches.
Freeman does disclose the width of the central placket is similar to the dimensions of fasteners 42 and 44 which are 1-1.5” in width and is similar to or the same as the overlap of 1.5-2 inches disclosed in col 5 line 25-30. Therefore, one of ordinary skill would expect the placket to also be 1-1.5” or 1.5-2” in width or thereabouts, which falls within the claimed range.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a width of the central placket ranges from 1 inch to 4 inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a width of the central placket ranges from 1 inch to 4 inches, for the purpose of providing the desired aesthetics.
As to claim 17, Freeman as modified discloses the medical cape of claim 1, wherein a material forming the medical cape comprises at least one of cotton, polyester, or a cotton-polyester blend (Freeman col 4 line 15-20).
As to claim 18, Freeman as modified discloses the medical cape of claim 1, wherein the left-front side and the right-front side are sized to accommodate a maternity patient at full-term when the left-front side is removably attached to the right-front side (capable of accommodating, depending on the size of the patient with respect to the size of the garment), and
wherein, when the maternity patient wears the medical cape, the left-front side is capable of being adaptively attached to the right-front side such that the front side covers any private parts of the maternity patient while a belly of the maternity patient is exposed (capable of being adaptively attached via Freeman 42 and 44).
As to claim 19, Freeman as modified discloses the medical cape of claim 1, wherein the left-front side and the right-front side are sized to accommodate a maternity patient at full-term when the left-front side is removably attached to the right-front side (capable of accommodating, depending on the size of the patient with respect to the size of the garment), and
wherein, when the maternity patient wears the medical cape, the left-front side is capable of being adaptively attached to the right-front side such that a newborn can be placed beneath either of the left-front side or the right-front side to breast feed while the medical cape covers any private parts of the maternity patient (capable of being adaptively attached via Freeman 42 and 44).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freeman (US 4570268 A) in view of Lederer (US 5768707 A) as applied to claim 1 above, and further in view of Razdan (US 20200237035 A1).
As to claim 7, Freeman as modified does not disclose the left-torso seam ends about 6 inches to about 18 inches above a bottom of the left-front side.
Freeman’s side sems extend to the bottom hem. However, side seams and vents are known in the art.
Razdan teaches a similar garment (“MEDICAL GARMENT AND METHODS OF MAKING THEREOF,” title) including left and right side torso seams (307, 308) that end above a bottom of the respective left and right front sides (the seams end at 310 and the bottom is at 311), to result in a slit 319 that extends from the end of the torso seam tot eh bottom of the front side. Slit 319 is about 14.25 inches (Razdan para. 0048), so the left and right torso seams end 14.25” above a bottom of the left and right front sides, which is within the claimed range.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to end the left and right torso seams about 6 inches to about 18 inches above a bottom of the respective left and right front sides in order to provide a slit that will provide the wearer with optimal mobility without compromising privacy (Razdan para. 0047).
As to claim 8, Freeman as modified does not disclose the medical cape of claim 1, wherein the right-torso seam ends about 6 inches to about 18 inches above a bottom of the right-front side.
Razdan teaches a similar garment (“MEDICAL GARMENT AND METHODS OF MAKING THEREOF,” title) including left and right side torso seams (307, 308) that end above a bottom of the respective left and right front sides (the seams end at 310 and the bottom is at 311), to result in a slit 319 that extends from the end of the torso seam tot eh bottom of the front side. Slit 319 is about 14.25 inches (Razdan para. 0048), so the left and right torso seams end 14.25” above a bottom of the left and right front sides, which is within the claimed range.
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to end the left and right torso seams about 6 inches to about 18 inches above a bottom of the respective left and right front sides in order to provide a slit that will provide the wearer with optimal mobility without compromising privacy (Razdan para. 0047).
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Freeman (US 4570268 A) in view of Lederer (US 5768707 A) as applied to claim 1 above, and further in view of Mosler (US 20210022421 A1).
As to claim 12, Freeman as modified discloses the medical cape of claim 1, further comprising: a collar (neck opening shown in the figures), but does not disclose a finished length, as measured from a left-back edge of the collar to a bottom of the left-back side, ranges from 40 inches to 60 inches.
Mosler teaches a similar garment (“GOWN WITH REMOVABLE POCKET,” title) including a finished length, as measured from a left-back edge of the collar to a bottom of the left-back side, ranges from 40 inches to 60 inches (para. 0034 discloses a finished lengths ranging from 37 inches to 43 inches, which overlaps with the claimed range).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a finished length, as measured from a left-back edge of the collar to a bottom of the left-back side, ranges from 40 inches to 60 inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a finished length, as measured from a left-back edge of the collar to a bottom of the left-back side, ranges from 40 inches to 60 inches, in order to fit the intended end user by being long enough to provide sufficient body coverage for modesty and insulation and short enough to not inhibit the wearer’s mobility.
As to claim 13, Freeman as modified does not disclose the medical cape of claim 12, wherein the finished length ranges from 45 inches to 55 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the finished length ranges from 45 inches to 55 inches, since discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.
Furthermore, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide the finished length ranges from 45 inches to 55 inches, in order to fit the intended end user by being long enough to provide sufficient body coverage for modesty and insulation and short enough to not inhibit the wearer’s mobility.
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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SALLY HADEN
Primary Examiner
Art Unit 3732
/SALLY HADEN/Primary Examiner, Art Unit 3732