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 .
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.
Claim 16 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.
Claim 16 is attempting to claim “A method of making the article of claim 1”. However, the claim includes no method steps and therefore cannot be examined because it is not clear as to what the method steps are to make the article of claim 1. Therefore, claim 16 does not further modify claim 1. The claim will be examined as just including the elements of claim 1 without any specific method of making defined.
However, the claims, as best understood, have been examined on their merits.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-20 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Stoneham (US 2011/0179547 A1) in view of Blauer et al (US 5588154 A1) and Olson (US 5131096 A1).
In regard to claim 1, Stoneham discloses an article of clothing, 10, as in figure 1 of pajama 12 in para. (0024), configured in shape and size to be worn by a child (See Stoneham, para. (0003), the article comprising:
an outer shell material 12a, 12b, in figs. 1 and 2, para. (0024,0025), comprising a yoke seam 18a in para. (0026);
an inner material 18, inner yoke, in para. (0026, 0027), disposed adjacent at least a portion of the outer shell material 12a, 12b, in para. (0025), figures 1,2;
wherein a space between the inner material and the outer shell material defines a pocket seen in figure 1A between layers 12 and 18;
However, Stoneham does not specifically disclose an aperture formed at or adjacent the yoke seam, wherein the aperture is configured to allow access into the pocket; a tether coupled to one or more of the inner material and the outer shell material at or adjacent the pocket with the tether configured to be selectively coupled to a pacifier.
Blauer et al discloses an upper torso garment in figure 7 with an aperture at a top edge 92, 94 of a pocket 76, 78 formed at or adjacent to a yoke seam 80 and wherein the aperture is configured to allow access into the pocket . Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention to modify the garment to include an aperture at the yoke seam to afford access into a pocket opening between the layers to provide additional storage. Olson also teaches a tether 36 for attaching a pacifier 34 to a garment 10 in figure 1 so a child wearer can have the pacifier handy for use as needed. The pacifier tether 36 of Olson is attached to the outer layer of the garment within the pocket 32 where it is then stored when not in use in Olson, col. 2, lines 62-66.
Accordingly, it would have been obvious to one having ordinary skill in the art at the time of the invention to attach the pacifier to the garment with the tether for ease in use as desired.
In regard to claim 2, Stoneham, Blauer and Olson disclose the article of claim 1, and Olson further discloses wherein the tether 36 is coupled to one or more of the inner material and the outer shell material at a connection disposed inside the pocket 32. Olson, col. 2, lines 62-66
In regard to claim 3, Stoneham, Blauer and Olson disclose the article of claim 1, and Olson further discloses the tether 36 as being configured to be coupled to the pacifier 34 while the pacifier is in the mouth of a wearer. Olson, col. 2, lines 62-66.
In regard to claim 4, Stoneham, Blauer and Olson disclose the article of claim 1, and further wherein the aperture 32 is on an area of an outer shell configured to align with a chest of a wearer as seen in both Blauer and Olson as in Blauer figure 1 and Olson figure 1..
In regard to claim 5, Stoneham, Blauer and Olson disclose the article of claim 1, and further wherein the outer shell material comprises a first material and the inner material comprises a second material different from the first material as seen in both Stoneham and Olson.
In regard to claim 6, Stoneham, Bauer and Olson disclose the article of claim 1, and further wherein at least a portion of the inner material comprises or is covered by the first material as seen in both Stoneham and Olson.
In regard to claims 7 -11, Stoneham, Bauer and Olson disclose the article of claim 1 and further wherein the pocket of Olson comprises the size parameters as outlined in claims 7-11. The size parameters are common sizes to accommodate a pacifier as seen in Olson figures 1, 2 and 8.
In regard to claims 12 and 19 , Stoneham, Blauer and Olson disclose the article of claims 1 and 17 respectively and further wherein Olson discloses the pocket shape as being semi-dome shaped as broadly claimed in that the top edge includes a dome shape as in figures 1, 2 and 8.
In regard to claim 13, Stoneham, Bauer and Olson disclose the article of claim 1, and further wherein the outer shell is comprising the outer shell material; an inner lining comprising the inner material; and a plurality of baffle s defined between the inner lining and the outer shell, the plurality of baffles configured to retain an insulting material.
In regard to claim 14, Stoneham, Bauer and Olson disclose the article of claim 13, and further Olson discloses wherein the pocket covers a portion of at least one stitch associated with at least one baffle of the plurality of baffles as in figures 1,3 and 8.
In regard to claim 15, Stoneham, Blauer and Olson disclose the article of claim 13 and further wherein Olson discloses the aperture is at or adjacent at least one stich associated with at least one baffle of the plurality of baffles.
In regard to claim 16, applicant is attempting to claim a method of making the article as claimed in claim 1. However, applicant has not included any necessary method steps. However, Stoneham, Blauer and Olson together disclose the garment of claim 1 as discussed above and inherently its method of making since no specific method steps have been claimed.
In regard to claim 17, Stoneham discloses an article of clothing, comprising an outer shell material comprising a yoke seam 18b as in figure 1;
Stoneham also discloses an inner material 18 in figure 1A , disposed adjacent at least a portion of the outer shell material 12a, 12b, wherein a space between the inner material and the outer shell material defines a pocket. However, Stoneham does not disclose an aperture formed at or adjacent the yoke seam, wherein the aperture is configured to allow access into the pocket; and a tether coupled to one or more of the inner material and the outer shell material at or adjacent the pocket.
Blauer discloses a pocket with an aperture at a garment yoke seam, wherein the aperture is configured to allow access into the pocket. The pocket aperture is hidden under the yoke seam and forms a flap to secure the items within the pocket. (See claim 1, for detailed ref. numbers and reference annotations for the same elements as previously claimed in previous claims.. However, Stoneham and Blauer do not further disclose a tether coupled to one or more of the inner material and the outer shell material at or adjacent the pocket. Olson discloses a tether 36 in figure 1 , to secure an item such as a pacifier 34 in figure 1, to the outer shell of the garment within the pocket to secure an item such as a pacifier 34 as desired. Accordingly it would have been obvious to one having ordinary skill in the art to modify the garment of Stoneham with the teachings of Blauer and Olson to further provide a pocket opening at the yoke seam to secure items within the garment and also to provide a tether to further secure an item within the pocket on the outer shell layer so that the item is secure on the garment as desired.
In regard to claim 18, Stoneham and Olson both disclose an outer shell and an inner lining and wherein Olson further discloses a plurality of baffles, quilting and quilting stitching, not numbered, defined between the inner lining and the outer shell, the plurality of baffles configured to retain an insulating material as desired to assist in keeping a wearer warm when the garment is worn.
In regard to claim 19, Olson further discloses the pocket 32 as comprising a semi-dome shape on its upper edge as seen in figures 1,2 and 8.
In regard to claim 20, Stoneham discloses an article of clothing configured in shape and size to be worn by a child, the article comprising:
an outer shell material 12a,12b, comprising a yoke seam 18a; and
an inner material 18 disclosed adjacent the outer shell material.
However, Stoneham does not further disclose a plurality of baffles defined between the inner material and the outer shell material, the plurality of baffles configured to retain an insulating material; and a pocket defined between at least a portion of the inner material adjacent a first portion of the outer shell material wherein at least the pocket of the inner material is covered by a second portion of the outer shell material, and wherein the second portion of the outer shell material covers at least one portion of at least one baffle; and an aperture formed at or adjacent the yoke seam, wherein the aperture is configured to allow access into the pocket; and a tether coupled to one or more of the inner material and the outer shell material at or adjacent the pocket, the tether configured to be selectively coupled to a pacifier. Blauer discloses the pocket set on a yoke seam as discussed above in regard to claim 1. Olson discloses the insulating material of a multi layer structure with the baffles formed by stitching in a quilting pattern on the garment to provide insulation to the wearer. And as previously discussed above Olson discloses the tether with the pacifier 34 wherein the tether 36 is attached to the outer fabric within the pocket 32. (See Olson, figures 1 and 8 and Blauer figure 7. (See Olson, col,. 3, lines 6-15, and figures 1-3 and 8).
Accordingly it would have been obvious at the time of the invention to modify the teaching of Stoneham with the teachings of Blauer and Olson to provide the yoke seam pocket of Bauer and the tether and pacifier and pocket structure of Olson to include a pacifier for a wearer child to use while wearing the garment as well as to add a multilayer insulted and quilted construction as in Olson to the garment for added warmth and comfort to the wearer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GLORIA M HALE whose telephone number is (571)272-4984. The examiner can normally be reached MON.-THURS..
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/GLORIA M HALE/Primary Examiner, Art Unit 3732