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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 31, 2026 has been entered.
Response to Amendment
The amendments filed with the written response received on August 31, 2026 have been considered and an action on the merits follows. As directed by the amendment, claims 1, 3, 4 and 6-11 have been amended. Accordingly, claims 1-11 are pending in this application, with an action on the merits to follow.
Drawings
The drawings are objected to because Applicant has indicated that they have canceled Fig. 8, which was introduced in the March 27, 2026 response. Applicant must submit a replacement drawing sheet of the method shown in what was identified as Fig. 9, and relabeled as Fig. 8. Merely stating that Fig. 9 is now Fig. 8 is insufficient to alter the drawing (i.e. altering the drawing figure number).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 132, 134, 136. Examiner notes that Applicant amended the Specification at ¶ 0030.1 in their August 31, 2026 response to include these reference numerals when describing Fig. 5. However, there was no replacement drawing sheet for Fig. 5 provided in the response. No version of Fig. 5 in the current application file wrapper includes reference numerals 132, 134, or 136.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. If Applicant contends that any of these features are shown, then Examiner notes that the features have not been assigned a reference numeral in the Specification and/or the drawings do not include such reference numerals as assigned in the Specification (see above paragraph for the latter situation). Therefore, the following must be shown or the feature(s) canceled from the claim(s):
“rear sidewall” (claims 1, 3); “rear side wall” (claim 7); “rear wall” (claims 9, 10); see above paragraph regarding a missing Fig. 5 replacement sheet
“front sidewall” (claim 1); “front side wall” (claim 7); “front wall” (claim 9); see above paragraph regarding a missing Fig. 5 replacement sheet
“base” (claim 1, 10); “narrow base” (claim 7); see above paragraph regarding a missing Fig. 5 replacement sheet
“left side member” (claim 6)
“right side member” (claim 6)
“bottom side member” (claim 6)
“proximal end of the bottom side member” (claim 6)
“distal end of the bottom side member” (claim 6)
“wherein the front wall of the channel is wider than the rear wall” (claim 9)
“wherein the base is narrower than the rear wall” (claim 10)
No new matter should be entered.
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.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claim 1 still recites that the channel is “pre-formed”. in the Specification, the U-shaped channel is never described as being “pre-formed”. At best, ¶ 0007 states that left, right and bottom sides of the U-shaped channel are “made formed as a U-shaped channel”.
If Applicant intends for the term “pre-formed” to have any particular structurally-distinguishing meaning, then this would be deemed new matter, since it is never explained in such terms in the originally-filed disclosure. Examiner suggests reciting “formed” in claim 1 in the same manner described in the originally-filed written Specification
Claim 6 recites “wherein the channel comprises a left side member, a right side member, and a bottom side member, the left side member extends upwards from a proximal end of the bottom side member, and the right side member extends upwards from a distal end of the bottom side member”.
None of this language is recited anywhere in the written Specification. In fact, the word “member” never appears in the written Specification.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, line 2: “side wall” should recite “sidewall” to match the language positively recited in independent claim 1, line 7
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim 1 (and claims 2-6 and 9-11 at least due to dependency from claim 1) are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, as noted in the previous Office Action, Applicant has previously amended the claim to recite that the channel is “pre-formed”, wherein the originally filed disclosure never describes the channel in such a term as being “pre-formed”. Therefore, this limitations is still deemed new matter. Correction is required.
Regarding claim 9, as noted in the previous Office Action, Applicant recites “wherein the front wall of the channel is wider than the rear wall”, which is never recited in the written Specification, nor can any clear support be found in the drawings as originally filed. The Specification, as noted above, never describes any walls’ relative widths or narrowness, let alone any elements’ supposed widths in general. Correction is required.
Similarly, in claim 10, as noted in the previous Office Action, Applicant recites “wherein the base is narrower than the rear wall”, which is never recited in the written Specification, nor can any clear support be found in the drawings as originally filed. The terms “wider” or “narrower” are absent from the Specification, and as noted above, no relative widths of any of the walls appear to ever be described in the originally filed application. 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 6, 7, 9 and 10 (and claim 8 at least due to dependency from claim 7) 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.
Regarding claim 6, Applicant recites “a proximal end” and “a distal end”, of the bottom side member. The Specification never describes a bottom side member, let alone which of its ends would be considered a proximal end or a distal end (i.e. proximal to what? distal to what? are they a left end and a right end?). Correction is required. For purposes of examination, the limitation will be interpreted as best as can be understood when applying any prior art thereagainst.
Regarding claim 7, Applicant recites “the channel projecting outward from the front surface of the bib portion and spaced therefrom”, wherein the term “therefrom” is indefinite. Correction is required. Examiner suggests “the channel projecting outward from the front surface of the bib portion and spaced from the front surface of the bib portion”.
Regarding claims 9 and 10, Applicant recites the limitations “the rear wall”, which lacks clear antecedent basis in the claims. Should these refer to the “rear sidewall” which is positively recited in independent claim 1, from which claims 9 and 10 depend? Correction is required.
Regarding claim 9, Applicant recites the limitations “the front wall”, which lacks clear antecedent basis in the claims. Should this refer to the “front sidewall” which is positively recited in independent claim 1, from which claim 9 depends? Correction is required.
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.
Claims 1, 3, 5, 6, 9 and 10, as best as can be understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (US 2022/0183399).
Regarding independent claim 1, Huang discloses wearable article for protecting a wearer from hot ashes fallen from a smoking article (bib (Fig. 3) is at least capable of being worn in such an intended use manner; Examiner notes that the emphasized/italicized language is a statement of intended use that does not further structurally define the claimed invention in any patentably-distinguishing sense), the wearable article comprises: a bib portion formed from a flexible sheet (body #1 has a bib portion and is made of a silicone rubber material; ¶ 0008 of Huang; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)) configured to cover a front torso region of the wearer (bib is capable of covering an arbitrary front torso region of a hypothetical wearer; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com)); and a rigid ash catcher (holding unit #3 / pocket #31; ¶ 0035 of Huang; the pocket is capable of catching ashes; since the pocket is solid, it has at least some degree of rigidity; Examiner notes that the claimed adjective “rigid” does not structurally establish any particular level of rigidity for the component) removably mounted to a front surface of the bib portion (buckles #43/44 permit removable mounting of the pocket/holding unit to the front of the body #1), the ash catcher comprises a U-shaped, pre-formed channel having an open top (see Fig. 3 of Huang, which shows pocket #31 to have a U-shaped cross-section with an open top pre-formed channel (as best as this limitation can be understood)), the channel being formed by a rear sidewall, a front sidewall, and a base, wherein the rear sidewall and the front sidewall extend upwardly from the base at an acute angle to form a U-shape (bottom point of the pocket #31 is a base; the portion of the pocket that extends rearward therefrom and is disposed closer to the body #1 when attached thereto is the rear sidewall; the portion of the pocket that extends forward from the base is a front sidewall, both the sidewalls extend upward at an acute angle from the base to define a U-shape; see annotated Fig. 3 partial view of Huang below), wherein the channel projects outward from the front surface of the bib portion (see Fig. 1 (showing attached configuration) and Fig. 3 showing the relied-upon embodiment exploded away from the body #1) and defines a forwardly positioned cavity configured to intercept falling ash (¶ 0031 of Huang discloses that the holding unit is disposed on a surface of the body to catch fallen food; it would be capable of intercepting falling ash); and a fastener configured to detachably couple the rigid ash catcher to the bib portion (buckles #43/44, as noted above, define a fastener for detachably coupling the pocket #31 to the body #1; ¶ 0035 of Huang), wherein the ash catcher is a discrete component separate from the flexible sheet of the bib portion (see Fig. 3 of Huang), wherein the rigid ash catcher is formed from a rigid material (since the pocket is solid, it has at least some degree of rigidity; Examiner notes that the claimed adjective “rigid” does not structurally establish any particular level of rigidity for the component) and is disposed entirely above and spaced away from a lowermost edge of the bib portion (when attached to the top body-based buckles #43, the pocket would be entirely above and spaced away from a lowermost edge of the body #1).
PNG
media_image1.png
366
674
media_image1.png
Greyscale
Regarding claim 3, Huang discloses all the limitations of claim 1, as set forth above, and further that the ash catcher is removably mounted to the bib portion, wherein the rear side wall and the front surface of the bib portion comprise mating members of the fastener (see ¶ 0035-0036 of Huang).
Regarding claim 5, Huang discloses all the limitations of claim 1, as set forth above, and further that the bib portion is made of fire resistant and odor absorbing materials (see ¶ 0008 of Huang; silicone rubber is used for the bib portion, wherein silicone rubber has at least some degree of fire resistance and odor absorption capability, inasmuch as the claim has structurally defined).
Regarding claim 6, Huang discloses all the limitations of claim 1, as set forth above, and further that the channel comprises a left side member, a right side member, and a bottom side member, the left side member extends upwards from a proximal end of the bottom side member, and the right side member extends upwards from a distal end of the bottom side member (see annotated partial Fig. 3 of Huang above, which identifies these structures, as best as the limitations can be understood when interpreting in light of Applicant’s originally-filed disclosure).
Regarding claim 9, Huang discloses all the limitations of claim 1, as set forth above, and further that the front wall of the channel is wider than the rear wall (based on the above identification of the front and rear [side]walls in the annotated partial view of Fig. 3 of Huang, at least from a top perspective, the front sidewall would have a greater width than a width of the rear side wall, as best as this limitation can be understood).
Regarding claim 10, Huang discloses all the limitations of claim 9, as set forth above, and further that the base is narrower than the rear wall (based on the above identification of the base and rear sidewall in the annotated partial view of Fig. 3 of Huang, at least from a top perspective, the base would be narrower than the rear side wall, as best as this limitation can be understood).
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 1-11, as best as can be understood, are rejected under 35 U.S.C. 103 as being unpatentable over Conerly, JR. (hereinafter “Conerly”) (US 2024/0172818) in view of Huang.
Examiner notes that the following claims will be addressed in order of dependency, rather than direct numerical order.
Regarding independent claim 1, Conerly discloses a wearable article (fire retardant bib assembly #10) for protecting a wearer from hot ashes fallen from a smoking article (see Abstract), the wearable article comprises: a bib portion (panel; ¶ 0020; Examiner notes that the term "portion" is very broad and merely means "a section or quantity within a larger thing; a part of a whole" (Defn. No. 1 of "American Heritage® Dictionary of the English Language, Fifth Edition" entry via TheFreeDictionary.com)) formed from a flexible sheet (bib comprises a flexible fabric (Abstract)) configured to cover a front torso region of the wearer (see Fig. 6 of Conerly; Examiner notes that the term "region" is very broad and merely means "any large, indefinite, and continuous part of a surface or space" (Defn. No. 1 of "Collins English Dictionary – Complete and Unabridged, 12th Edition 2014" entry via TheFreeDictionary.com); Examiner notes that the emphasized/italicized language is a statement of intended use that does not further structurally define the claimed invention in any patentably-distinguishing sense), but is silent to there being a rigid ash catcher removably mounted to a front surface of the bib portion, the ash catcher comprises a U-shaped, pre-formed channel having an open top, the channel being formed by a rear sidewall, a front sidewall, and a base, wherein the rear sidewall and the front sidewall extend upwardly from the base at an acute angle to form a U-shape, wherein the channel projects outward from the front surface of the bib portion and defines a forwardly positioned cavity configured to intercept falling ash; and a fastener configured to detachably couple the rigid ash catcher to the bib portion, wherein the ash catcher is a discrete component separate from the flexible sheet of the bib portion, wherein the rigid ash catcher is formed from a rigid material and is disposed entirely above and spaced away from a lowermost edge of the bib portion.
Huang teaches a wearable article with a bib portion formed from a flexible sheet (body #1 has a bib portion and is made of a silicone rubber material; ¶ 0008 of Huang) configured to cover a front torso region of the wearer (bib is capable of covering an arbitrary front torso region of a hypothetical wearer); and a debris catcher (holding unit #3 / pocket #31; ¶ 0035 of Huang) removably mounted to a front surface of the bib portion (buckles #43/44 permit removable mounting of the pocket/holding unit to the front of the body #1), the debris catcher comprises a U-shaped, pre-formed channel having an open top (see Fig. 3 of Huang, which shows pocket #31 to have a U-shaped cross-section with an open top pre-formed channel (as best as this limitation can be understood)), the channel being formed by a rear sidewall, a front sidewall, and a base, wherein the rear sidewall and the front sidewall extend upwardly from the base at an acute angle to form a U-shape (bottom point of the pocket #31 is a base; the portion of the pocket that extends rearward therefrom and is disposed closer to the body #1 when attached thereto is the rear sidewall; the portion of the pocket that extends forward from the base is a front sidewall, both the sidewalls extend upward at an acute angle from the base to define a U-shape), wherein the channel projects outward from the front surface of the bib portion (see Fig. 1 (showing attached configuration) and Fig. 3 showing the relied-upon embodiment exploded away from the body #1) and defines a forwardly positioned cavity configured to intercept falling debris (¶ 0031 of Huang discloses that the holding unit is disposed on a surface of the body to catch fallen food); and a fastener configured to detachably couple the rigid debris catcher to the bib portion (buckles #43/44, as noted above, define a fastener for detachably coupling the pocket #31 to the body #1; ¶ 0035 of Huang), wherein the debris catcher is a discrete component separate from the flexible sheet of the bib portion (see Fig. 3 of Huang), wherein the rigid debris catcher is formed from a rigid material (since the pocket is solid, it has at least some degree of rigidity; Examiner notes that the claimed adjective “rigid” does not structurally establish any particular level of rigidity for the component) and is disposed entirely above and spaced away from a lowermost edge of the bib portion (when attached to the top body-based buckles #43, the pocket would be entirely above and spaced away from a lowermost edge of the body #1).
Conerly and Huang teach analogous inventions in the field of wearable bibs that protect the user’s clothes from falling debris. It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have added a detachable, height-adjustable pocket, as taught by Huang, to the front surface #28 of the bib of Conerly (underneath the existing storage pocket) in order to allow the bib to catch the fallen smoking ashes and/or food debris that the user might encounter with smoking (Conerly teaches that its intended use is for wearing the bib during smoking) or eating food (it is common for a smoker to smoke a cigarette while eating a meal, such as at parties, sports tailgating, etc.). As a result of the modification, the modified bib of Conerly would include a rigid ash catcher removably mounted to a front surface of the bib portion, the ash catcher comprises a U-shaped, pre-formed channel having an open top, the channel being formed by a rear sidewall, a front sidewall, and a base, wherein the rear sidewall and the front sidewall extend upwardly from the base at an acute angle to form a U-shape, wherein the channel projects outward from the front surface of the bib portion and defines a forwardly positioned cavity configured to intercept falling ash; and a fastener configured to detachably couple the rigid ash catcher to the bib portion, wherein the ash catcher is a discrete component separate from the flexible sheet of the bib portion, wherein the rigid ash catcher is formed from a rigid material and is disposed entirely above and spaced away from a lowermost edge of the bib portion (as such is taught by Huang and incorporated into Conerly’s bib, as explained above; Examiner notes that even though Huang’s bib is intended to catch food waste, it would be just as capable of catching fallen ashes; Huang teaches that its device is made of silicone rubber material, and Conerly teaches that its device comprises fire-resistant material such as aramid polymers; each of these examples have at least some degree of rigidity and have a degree of fire resistance and would be capable of catching such fallen ashes, in use).
Regarding claim 2, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the wearable article further comprises: a pair of neck straps (strap members #50 form a fastener #46; ¶ 0020, 0023 of Conerly) extending from a top side of the bib portion (see Fig. 1 of Conerly) and configured for securing the wearable article around a neck of the wearer (see Fig. 6 of Conerly).
Regarding claim 3, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the ash catcher is removably mounted to the bib portion, wherein the rear side wall and the front surface of the bib portion comprise mating members of the fastener (as taught by Huang and incorporated into Conerly, as explained above; see ¶ 0035-0036 of Huang).
Regarding claim 4, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 3 above) renders obvious all the limitations of claim 3, as set forth above, but does not teach that the fastener comprises a hook and loop fastener. However, both Conerly and Huang are aware of the existence of hook-and-loop fasteners (end of ¶ 0020 of Conerly; “Velcro” is recited throughout Huang (¶ 0010, 0011, 0013, 0014, 0033, 0034 to name a few instances) for being a strap fastener), and it would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have used a hook-and-loop fastener as the fastener of choice as a substitution for the buckles #43/44 shown in Huang and incorporated into Conerly, in order to provide an alternative fastener that can serve the same purpose of adjustably securing the pocket to the front of the bib (i.e. such a known hook-and-loop fastener would have been obvious to have been vertical strips on the front of the bib of one component (either a hook or loop patch) and the pocket would have the other of the hook or loop component to attach thereto in an adjustable manner), and further since hook-and-loop fasteners are very well-known in the art.
Regarding claim 5, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the bib portion is made of fire resistant and odor absorbing materials (¶ 0019 of Conerly discloses that the bib is made of a flexible fabric of a fire resistant material, such as aramid polymers; Examiner notes that an aramid fabric would at least be capable of absorbing at least some amount of odor, inasmuch as the odor absorbing materials have been defined in the claim, absent further distinguishing limitations as to what materials would constitute “odor absorbing materials”; Applicant’s Specification provides no specific examples of such materials).
Regarding claim 6, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the channel comprises a left side member, a right side member, and a bottom side member, the left side member extends upwards from a proximal end of the bottom side member, and the right side member extends upwards from a distal end of the bottom side member (see annotated partial Fig. 3 of Huang below, which identifies these structures, as best as the limitations can be understood when interpreting in light of Applicant’s originally-filed disclosure).
PNG
media_image1.png
366
674
media_image1.png
Greyscale
Regarding claim 9, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the front wall of the channel is wider than the rear wall (based on the above identification of the front and rear [side]walls in the annotated partial view of Fig. 3 of Huang, at least from a top perspective, the front sidewall would have a greater width than a width of the rear side wall, as best as this limitation can be understood).
Regarding claim 10, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 9 above) renders obvious all the limitations of claim 9, as set forth above, and further that the base is narrower than the rear wall (based on the above identification of the base and rear sidewall in the annotated partial view of Fig. 3 of Huang, at least from a top perspective, the base would be narrower than the rear side wall, as best as this limitation can be understood).
Regarding claim 11, the modified article of Conerly (i.e. Conerly in view of Huang, as applied to claim 1 above) renders obvious all the limitations of claim 1, as set forth above, and further that the ash catcher is made from fire-resistant material (Conerly teaches that its materials can include aramid polymers (¶ 0019 of Conerly), which are fire-resistant, and Huang teaches that its bib body can be made of silicone rubber (¶ 0008 of Huang), which has a degree of fire-resistance, but Huang never mentions what the material is that forms the pocket #31 (i.e. ash catcher); however, It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have used either aramid polymers or silicone rubber as the material of choice for the pocket when added to Conerly, in order to maintain Conerly’s fire-resistant properties when cigarette ashes fall onto the bib, which would render the pocket to be made of a fire-resistant material, as claimed).
Regarding independent claim 7, modified Conerly (i.e. Conerly in view of Huang, as such modification is described above with respect to independent claim 1) would render obvious a method of protecting clothing from falling ashes and/or embers, while smoking (see Abstract of Conerly), the method comprising the following steps: providing a wearable article (see the 35 U.S.C. 103 rejection of claim 1 above) comprising: a bib portion formed from a flexible sheet configured to cover a front torso region of a wearer, a rigid ash catcher removably mounted to a front surface of the bib portion, the ash catcher comprises rear and front side walls and a narrow base together forming an upwardly open U-shaped channel (see the 35 U.S.C. 103 rejection of claim 1 above), the channel projecting outward from the front surface of the bib portion and spaced therefrom to define a cavity configured to intercept falling ash (see the 35 U.S.C. 103 rejection of claim 1 above), the rigid ash catcher being disposed entirely above and spaced away from a lowermost edge of the bib portion (see the 35 U.S.C. 103 rejection of claim 1 above), a fastener configured to detachably secure the rigid ash catcher to the bib portion (see the 35 U.S.C. 103 rejection of claim 1 above), and a pair of neck straps extending from a top side of the bib portion and configured to secure the wearable article around a neck of the wearer (see the 35 U.S.C. 103 rejection of claim 2 above); placing the bib portion over the front torso region of the wearer (see Figs. 5-6 of Conerly); securing the wearable article around the neck of the wearer using the pair of neck straps (see Figs. 5-6 of Conerly); collecting falling ash, embers, and/or debris from the smoking article into the ash catcher during smoking (Huang teaches that the pocket is designed to catch fallen food when the bib is in use; since Conerly teaches smoking during wearing the bib, then upon the modification, the ashes that fall during smoking would be collected into the incorporated pocket added into Conerly via Huang’s teachings); and removing the ash catcher from the bib portion for emptying or cleaning (Huang teaches that the pocket is removable via fasteners of buckles #43/44 (¶ 0035-0036 of Huang)).
Regarding claim 8, the modified method of Conerly (i.e. Conerly in view of Huang, as applied to claim 7 above) renders obvious all the limitations of claim 7, as set forth above, and further that there is a step of attaching the ash catcher to the bib portion (see Fig. 3 of Huang, ¶ 0035-0036 of Huang, which has been applied into Conerly) using the fastener selected from the group consisting of hook-and-loop fasteners, snap buttons, and magnetic closures (¶ 0036 of Huang discloses that the male and female buckles #43/44 are snapped together (i.e. they are snap buttons)).
Response to Arguments
In view of Applicant's amendment, the search has been updated, and new prior art has been identified and applied. Applicant's arguments have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMESON COLLIER whose telephone number is (571)270-5221. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JAMESON D COLLIER/Primary Examiner, Art Unit 3732
