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 .
Status of Claims
This Office Action is in response to claims 1-15, filed 15 January 2026, which are pending in this application.
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 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Claim 1: “one or more pockets”, “a pocket fabric”
Claim 3: “a pair of shorts, a pair of pants, a skirt, or a dress”
Claim 6: “a plurality of patches”
Claim 12: “the one or more fastening portions are secured to the exterior surface of the pocket fabric at one or more attachment locations to prevent the one or more accessories from printing or displaying one or more outlines on an exterior portion of the garment while the one or more accessories are attached to the one or more fastening portions at the one or more attachment locations”
Claim 13: “a front pocket and a rear pocket of the garment”
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: “one or more pockets, each pocket comprising a pocket fabric disposed on the interior of the garment”;
Claim 6: “a plurality of patches”;
Claim 12: “the one or more fastening portions are secured to the exterior surface of the pocket fabric at one or more attachment locations to prevent the one or more accessories from printing or displaying one or more outlines on an exterior portion of the garment while the one or more accessories are attached to the one or more fastening portions at the one or more attachment locations”;
Claim 13: “a front pocket and a rear pocket of the garment”.
Appropriate correction is required.
Claim Objections
Claim(s) 1 is/are objected to because of the following informalities:
Claim 1, lines 2-3, should recite, “disposed on [[the]] an interior of the garment”.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“fastening portions” of claims 1, 5-6, 10, 12, and 14
“fastening material” of claim 10
“accessory-fastening portions” of claims 10-12
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim(s) 1, 7-8 and 12 (and claims 2-6, 9-11, and 13-15 at least for depending from a rejected claim) is/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.
Independent Claim 1 is/are indefinite as it/they recite(s) “A garment comprising: one or more pockets, each pocket comprising a pocket fabric disposed on the interior of the garment; and one or more fastening portions comprising a hook-and-loop material, the one or more fastening portions secured to an exterior surface of the pocket fabric within an interior portion of the garment, wherein one or more accessories are removably attachable to the one or more fastening portions”. It is unclear if “each pocket” is the same structure as the one or more pockets previously recited. Further, it is unclear what is meant by “each pocket comprising a pocket fabric disposed on the interior of the garment” since this is not shown in the Drawings nor disclosed in the Specification. It does not appear as though the instant invention is designed to print nor is it stated that the instant application is printed upon. Further, it is unclear how the securement of the fastening portions to the exterior surface of the fabric pocket at the attachment locations would prevent “displaying one or more outlines on the exterior portion of the garment” since this is not shown in the Drawings nor described in detail in the Specification. Further, since the preamble of the claim is directed only to a garment, it is unclear if the one or more accessories are required by the claim or a recitation of intended use. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, “A garment comprising: one or more pockets, each pocket of the one or more pockets comprising a pocket fabric disposed on the interior of the garment; and one or more fastening portions comprising a hook-and-loop material, the one or more fastening portions secured to an exterior surface of the pocket fabric within an interior portion of the garment, wherein one or more accessories are removably attachable to the one or more fastening portions” wherein the “pocket fabric” is the material the pocket is made from, and the one or more accessories are intended use.
Claim 7 recites the limitation, “a length between approximately two and eight inches.” It is unclear how one having ordinary skill in the art can ascertain how much the length can deviate from being approximately to be considered “approximately between”.
Claim 8 recites the limitation, “a height between approximately one and five inches.” It is unclear how one having ordinary skill in the art can ascertain how much the length can deviate from being approximately to be considered “approximately between”.
Claim 12 is/are indefinite as it/they recite(s) “wherein the one or more fastening portions are secured to the exterior surface of the pocket fabric at one or more attachment locations to prevent the one or more accessories from printing or displaying one or more outlines on an exterior portion of the garment while the one or more accessories are attached to the one or more fastening portions at the one or more attachment locations”. It is unclear what is meant by “prevent the one or more accessories from printing or displaying one or more outlines on an exterior portion of the garment”. It does not appear as though the instant invention is designed to print nor is it stated that the instant application is printed upon. Further, it is unclear how the securement of the fastening portions to the exterior surface of the fabric pocket at the attachment locations would prevent “displaying one or more outlines on the exterior portion of the garment” since this is not shown in the Drawings nor described in detail in the Specification. Therein the metes and bounds of the claim are indefinite. For examination purposes, the claim is being interpreted as, the one or more fastening portions are secured to the exterior surface of the pocket fabric at one or more attachment locations and “printing or displaying” is intended use.
Clarification is respectfully requested.
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(s) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chica US 4165826 in view of Salazar US 20050066424.
Regarding Independent Claim 1, Chica discloses a garment (Figs. 1-5 #43) comprising: one or more pockets (Figs. 1-5 #20; Col. 2:62-63, “a trouser pocket near the front of the trousers”), each pocket comprising a pocket material (Figs. 1-5) disposed on the interior of the garment (Figs. 1-2 show a pair of trousers around a wearer and the wearer with a hand in the pocket, which shows both the pocket and the trousers have an interior, and the pocket #20 is inside of the garment thus placing the pocket material on the interior of the garment); and one or more fastening portions (Applicant’s “fastening portions” has been interpreted under 35 USC 112(f). Applicant’s “fastening portions” appears to be an interior belt [per Applicant Drawings Figs. 1A-1F and Spec ¶0031 and 0033-0044]; Chica has an internal belt, which are the same as the Applicant’s “fastening portions”; see Figs. 1-5 #12) comprising a hook-and-loop material (Figs. 3-5 #24/34/38/42), the one or more fastening portions secured to an exterior surface of the pocket fabric within an interior portion of the garment (Figs. 1-4), wherein one or more accessories (Figs. 1-5 #10) are removably attachable to the one or more fastening portions (Figs. 1-5; Abstract).
Chica does not expressly disclose that the pocket material is specifically fabric.
Salazar teaches a garment (Figs. 1-10 #20) with interior accessory pockets (Figs. 1-10 #80) wherein the pocket material is fabric (¶0011, 0026).
Both Chica and Salazar teach analogous inventions in the art of garments designed to conceal and carry items in the interior. Therefore it would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Chica with the teachings of Salazar such that the pockets are made of fabric because fabric is the standard in garment making and would impart desirable properties upon the design, such as flexibility, stretchability, affordability, and breathability. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Regarding Claim 2, the modified garment of Chica discloses the garment of claim 1, wherein the garment is a bottom garment (Figs. 1-2).
Regarding Claim 3, the modified garment of Chica discloses the garment of claim 2, wherein the bottom garment comprises at least one of a pair of jeans or a pair of pants (Figs. 1-2; Abstract).
Regarding Claim 4, the modified garment of Chica discloses the garment of claim 1, wherein the one or more fastening portions are secured to the exterior surface of the pocket fabric by stitching in a box-stitch pattern, a zigzag-stitch pattern, or a bar tack or tacking pattern (Figs. 3-5).
Regarding Claim 5, the modified garment of Chica discloses the garment of claim 1, wherein the one or more fastening portions comprise a single length of the hook-and-loop material (Figs. 3-4).
Regarding Claim 6, the modified garment of Chica discloses the garment of claim 1, wherein the one or more fastening portions comprise a plurality of patches (Figs. 1-5 #24/39), the plurality of patches each comprising the hook-and-loop material (Figs. 3-5).
Regarding Claim 7, the modified garment of Chica discloses the garment of claim 6, but does not expressly disclose wherein the plurality of patches each have a length between approximately two and eight inches. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the plurality of patches each have a length between approximately two and eight inches in order to make the product fit as desired upon the wearer, and since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Regarding Claim 8, the modified garment of Chica discloses the garment of claim 1, but does not expressly disclose wherein the hook-and-loop material has a height between approximately one and five inches. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the hook-and-loop material have a height between approximately one and five inches in order to make the product fit as desired upon the wearer, and since the claimed values are merely an optimum or workable range. It has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. See MPEP 2144.05.
Regarding Claim 9, the modified garment of Chica discloses the garment of claim 1, wherein there is the hook-and-loop material, but does not expressly disclose wherein: the hook-and-loop material has a first stretch characteristic, the garment has a second stretch characteristic, and the first stretch characteristic is within a stretch threshold of the second stretch characteristic. However, the stretch characteristics of two materials is a results effective variable with the results being a change in the composition and size of the two materials themselves. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the hook-and-loop material has a first stretch characteristic, the garment has a second stretch characteristic, and the first stretch characteristic is within a stretch threshold of the second stretch characteristic in order to give the hook-and-loop material and the garment the proper function of fit and movement features, and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. See MPEP 2144.05. Further, it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. See MPEP 2144.07
Regarding Claim 10, the modified garment of Chica discloses the garment of claim 1, wherein the one or more accessories each comprise one or more accessory-fastening portions (Applicant’s “accessory-fastening portions” has been interpreted under 35 USC 112(f). Applicant’s “accessory-fastening portions” appears to be a spaces between and on the belt for attaching the accessories [per Applicant Drawings Fig. 5 #524 and Spec ¶¶0062-0063]; Chica has a spaces between and on the belt for attaching the accessories, which are the same as the Applicant’s “accessory-fastening portions”; see Figs. 1-5 #34/24), the one or more accessory-fastening portions each comprising the hook-and-loop material (Figs. 1-5 #24/35) or a fastening material (Applicant’s “fastening material” has been interpreted under 35 USC 112(f). Applicant’s “fastening material” appears to be a material for fastening to the accessory-fastening portions [per Applicant Drawings Figs. 1A-1F #132 and Spec ¶0041 (which does not note the “fastening material” to be anything else)]; Chica has “a releasable securing means in connection with a holster and a belt”, which are the same as the Applicant’s “fastening material”; see Figs. 1-5 #34/24) removably attachable to the hook-and-loop material (Figs. 1-5).
Regarding Claim 11, the modified garment of Chica discloses the garment of claim 1, wherein the one or more accessories comprise at least one of a pouch, a sheath, a holster, a utility belt, and a magazine pouch (Figs. 1-5 #20).
Regarding Claim 12, the modified garment of Chica discloses the garment of claim 1, wherein the one or more fastening portions are secured to the exterior surface of the pocket fabric at one or more attachment locations to prevent the one or more accessories from printing or displaying one or more outlines on an exterior portion of the garment while the one or more accessories are attached to the one or more fastening portions at the one or more attachment locations (Figs. 1-2 #14).
Regarding Claim 13, the modified garment of Chica discloses the garment of claim 1, wherein the one or more pockets comprise a front pocket (Figs. 1-2 show a front pocket of the trousers) and a rear pocket of the garment (Figs. 3-5 show the pocket #20 in the trousers, the pocket facing rearward).
Regarding Claim 14, the modified garment of Chica discloses the garment of claim 1, wherein the one or more fastening portions are secured to the exterior surface of the pocket fabric in an orientation defining one or more spacings between the one or more fastening portions and one or more opening or separation locations of the garment (Figs. 3-4).
Regarding Claim 15, the modified garment of Chica discloses the garment of claim 1, wherein the pocket fabric comprises at least one of denim or cotton (Salazar ¶0005 notes “denim”, and denim is made of cotton).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Gordon US 10168121 teaches an inside waistband for accessories
Olson US 20150359273 teaches a garment with interior pockets
Else US 5054671 teaches a garment with interior pocket
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQUEL M. WEIS whose telephone number is 571-272-6804. The examiner can normally be reached Mon-Fri: 0800-1700.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALISSA J. TOMPKINS can be reached on 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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/RAQUEL M. WEIS/Examiner, Art Unit 3732
/HEATHER MANGINE, Ph.D./Primary Examiner, Art Unit 3732
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