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 .
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 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 present amendment, filed on July 31, 2025, in which claims 1-6
were presented for examination, 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.
Claim 3 is 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 3, it recites the limitation "a lower access seam" in line: 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear if the Applicant is referring to the “lower access seam” introduced in claim 1, or if Applicant is claiming a new “lower access seam”. Examiner assumes Applicant is referring to the “lower access seam” introduced in claim 1.
Regarding claim 3, it recites the limitation “wherein said garment seam extends from the back to the front and ends before connecting thereby creating a lower access seam” in lines: 1-2 is indefinite because it is unclear what distinguishes the “garment seam” from the “lower access seam” since they comprise the same structure.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Davis (US Patent 9,247,774).
Regarding claim 1, Davis discloses a garment (as shown in Fig. 1A-2 and 4A-4C) comprising: an upper garment (see annotated Fig. 4C below), said upper garment further comprising a torso portion (combination of 16, 18, 20, and 22, Fig. 1A) that can be worn by a wearer (as shown in Fig. 1A); a left arm sleeve (12); a right arm sleeve (14); a neck hole (“neck hole” shown in Fig. 1A around the wearers head and zipper, 25); a lower edge (see annotated Fig. 4C below); and an upper garment attachment (96b, Fig. 4C);
a lower garment (see annotated Fig. 4C below), said lower garment further comprising a left leg (26, Fig. 1A); a right leg (28, Fig. 1A); a seam (42b and 44b); seam closure attachments (44a); and an upper edge (see annotated Fig. 4C below);
a lower access seam (56); and
a rear panel (80).
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Fig. 4C-Examiner Annotated
Regarding claim 2, Davis discloses said lower edge of the upper garment is connected to said upper edge of the lower garment creating a garment seam (Col. 15, lines: 1-6, examiner notes the annotated “upper edge” includes fastener 53b and the annotated “lower edge” includes fastener 53a, and their connection together forms the “garment seam”).
Regarding claim 3, Davis discloses said garment seam (combination of fasteners 53a and 53b) extends from the back to the front and ends before connecting thereby creating a lower access seam (56, examiner notes as shown in Fig. 4A when elements 53a and 53b are joined together).
Regarding claim 5, Davis discloses wherein said rear panel (80) attaches to the upper garment (see annotated Fig. 4C above) via the upper garment attachments (96b, Col. 14, lines: 35-40).
Regarding claim 6, Davis discloses wherein said rear panel (80) in a closed position (“closed position” as shown in Fig. 1B) provides the most coverage when said garment is upright (as shown in Fig. 1B), and wherein said rear (80) in an open position (“open position” as shown in Fig. 2 and 4C) provides the least coverage when said garment is at an angle of or about 90 degrees (as shown in Fig. 2 and 4C).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Davis (embodiment “emb.” of Fig. 4A-4C) in view of Davis (emb. of Fig. 7A).
Regarding claim 4, Davis (emb. of Fig. 4A-4C) discloses the invention substantially as claimed above.
Davis (emb. of Fig. 4A-4C) does not disclose said left leg is secured in various locations by seam closure attachments, and wherein said right leg is secured in various locations by seam closure attachments.
However, Davis (emb. of Fig. 7A) teaches yet another garment, wherein Davis (emb. of Fig. 7A) teaches a seam closure attachment (59b, 7A) secures the wearers left and right leg in various locations (Examiner notes as shown in Fig. 7A, where the various locations are different points on the length of 59b)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify the garment disclosed by Davis (emb. of Fig. 4A-4C), by incorporating seam closure attachments on the left and right leg as taught by Davis (emb. of Fig. 7A), in order to enhance donning on and off the garment.
Conclusion
The prior art made of record and not relied upon is considered pertinent (See
PTO-892) to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAKOTA MARIN whose telephone number is (571)272-3529. The examiner can normally be reached Mon.-Fri., 9:00AM-6:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA TOMPKINS can be reached at (571) 272-3425. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAKOTA MARIN/Examiner, Art Unit 3732
/KHALED ANNIS/Primary Examiner, Art Unit 3732