DETAILED ACTION
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 is in response to Application filed on January 16, 2026 in which claims 1-20 are presented for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1 and dependent claims are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and dependent claims of U.S. Patent No. 12,532,928. Although the claims at issue are not identical, they are not patentably distinct from each other because instant claims 1 and dependent claims are anticipated by the conflicting patented claims 1 and dependent claims as shown in the table below. The difference between the instant examined claim and the conflicting patented claim is that the conflicting patented claim is narrower in scope and falls within the scope of the examined claim. Thus, the species or sub-genus claimed in the conflicting patent anticipates the examined claimed genus. Therefore, a patent to the examined claim genus would improperly extend the right to exclude granted by a patent to the species or sub-genus should the genus issue as a patent after the species or sub-genus. See MPEP §804(II)(B)(1).
Present Application
Patent No. 12,532,928
1. An article, comprising:
an upper garment with a multi-layer collar configured to extend around a neck region of a subject’s body,
wherein the multi-layer collar comprises:
(i) an inner collar member with a first upper edge and a first lower edge;
(ii) an outer collar member with a second upper edge and a second lower edge joined to the first lower edge of the inner collar member, and
wherein the first upper edge of the inner collar member is configured to extend past the second upper edge of the outer collar member; and
(iii) a cord assembly configured to adjustably secure the inner collar member around the neck region of the subject’s body, wherein the cord assembly comprises one or more cord segments extending through the inner collar member.
1. An article, comprising:
an upper garment with a multi-layer collar configured to extend around a neck region of a subject's body,
wherein the multi-layer collar comprises:
(i) an inner collar member with a first upper edge and a first lower edge;
(ii) an outer collar member with a second upper edge and a second lower edge joined to the first lower edge of the inner collar member, and
wherein the first upper edge of the inner collar member is configured to extend past the second upper edge of the outer collar member; and
(iii) a cord assembly extending through an upper portion of the inner collar member, wherein the cord assembly is configured to secure the first upper edge of the inner collar member around the subject's neck.
2. wherein the inner collar member comprises (i) a first curved edge extending between a first side of the first upper edge and a first side of the first lower edge and (ii) a second curved edge extending between a second side of the first upper edge and a second side of the first lower edge.
2. wherein the inner collar member comprises (i) a first curved edge extending between a first side of the first upper edge and a first side of the first lower edge and (ii) a second curved edge extending between a second side of the first upper edge and a second side of the first lower edge.
3. wherein the first curved edge and the second curved edge are connected to the outer collar member along one or more curved bonding lines.
3. wherein the first curved edge and the second curved edge are connected to the outer collar member along one or more curved bonding lines.
4. wherein the inner collar member and the outer collar member have a same height along the one or more curved bonding lines.
4. wherein the inner collar member and the outer collar member have a same height along the one or more curved bonding lines.
5. wherein the inner collar member and the outer collar member have different heights along other portions of the inner and outer collar members.
5. wherein the inner collar member and the outer collar member have different heights along other portions of the inner and outer collar members.
6. wherein the first curved edge and the second curved edge of the inner collar member are connected to the outer collar member to form a partially enclosed region between the inner collar member and the outer collar member.
6. wherein the first curved edge and the second curved edge of the inner collar member are connected to the outer collar member to form a partially enclosed region between the inner collar member and the outer collar member.
7. wherein the partially enclosed region comprises one or more curved sides configured to direct water, moisture, condensation, or precipitation towards a bottom corner or edge of the partially enclosed region.
7. wherein the partially enclosed region comprises one or more curved sides configured to direct water, moisture, condensation, or precipitation towards a bottom corner or edge of the partially enclosed region.
8. wherein the one or more curved sides of the partially enclosed region are offset from a left side edge and a right side edge of the outer collar member.
8. wherein the one or more curved sides of the partially enclosed region are offset from a left side edge and a right side edge of the outer collar member.
9. wherein the left side edge and the right side edge of the outer collar member are configured to extend past the one or more curved sides of the partially enclosed region.
9. wherein the left side edge and the right side edge of the outer collar member are configured to extend past the one or more curved sides of the partially enclosed region.
10. wherein the outer collar member comprises a plurality of holes in fluid communication with the partially enclosed region.
10. wherein the outer collar member comprises a plurality of laser perforated holes in fluid communication with the partially enclosed region.
11. wherein the plurality of holes are arranged along one or more curved sides of the partially enclosed region.
11. wherein the plurality of laser perforated holes are arranged along one or more curved sides of the partially enclosed region.
12. wherein the plurality of holes are arranged along a bottom left side corner or a bottom right side corner of the partially enclosed region.
12. wherein the plurality of laser perforated holes are arranged along a bottom left side corner and a bottom right side corner of the partially enclosed region.
13. wherein the plurality of holes are arranged along a bottom edge of the partially enclosed region.
13. wherein the plurality of laser perforated holes are arranged along a bottom edge of the partially enclosed region.
14. wherein the plurality of holes comprises a first set of holes distributed across a first portion of the outer collar member and a second set of holes distributed across a second portion of the outer collar member, wherein the first portion of the outer collar member includes a greater number of holes per unit area than the second portion of the outer collar member.
14. wherein the outer collar member comprises (i) a first set of laser perforated holes distributed across a first portion of the outer collar member and (ii) a second set of laser perforated holes distributed across a second portion of the outer collar member, wherein the first portion of the outer collar member includes a greater number of laser perforated holes per unit area than the second portion of the outer collar member.
15. wherein the plurality of holes comprises a first set of holes centrally located along a bottom edge of the partially enclosed region.
15. wherein the outer collar member comprises (i) a first set of laser perforated holes centrally located along a bottom edge of the partially enclosed region.
16. wherein the plurality of holes comprises a second set of holes adjacent to a bottom corner or edge of the partially enclosed region.
17. wherein the plurality of holes comprises a third set of holes between the first set of holes and the second set of holes.
16. wherein the outer collar member further comprises (ii) a second set of laser perforated holes adjacent to one or more curved sides of the partially enclosed region and (iii) a third set of laser perforated holes provided between the first set of laser perforated holes and the second set of laser perforated holes, the third set of laser perforated holes having fewer holes per unit area than the first and/or second sets of laser perforated holes.
16. wherein the plurality of holes comprises a second set of holes adjacent to a bottom corner or edge of the partially enclosed region.
17. wherein the plurality of holes comprises a third set of holes between the first set of holes and the second set of holes.
17. wherein the outer collar member comprises (ii) a second set of laser perforated holes adjacent to a bottom corner or edge of the partially enclosed region and (iii) a third set of laser perforated holes between the first set of laser perforated holes and the second set of laser perforated holes, the third set of laser perforated holes having fewer holes per unit area than the first and/or second sets of laser perforated holes.
19. wherein the outer collar member comprises a cord receiving structure disposed along a back side of the outer collar member.
19. further comprising a ribbon forming one or more cord receiving regions along a back side of the outer collar member.
Allowable Subject Matter
Claims 1-20 are allowed over prior art.
The closest prior art appears to be PG Pub 2022/0369744 by York, in which York does not disclose the structures as recited in independent claim 1.
While York discloses an upper garment with a multi-layer collar (34, [0040]) configured to extend around a neck region of a subject’s body, wherein the multi-layer collar comprises: (i) an inner collar member with a first upper edge and a first lower edge (wherein 34 comprises: (i) an inner collar (34b) member with a first upper edge and a first lower edge, [0040], [0041]); (ii) an outer collar member with a second upper edge and a second lower edge joined to the first lower edge of the inner collar member ((ii) an outer collar member 34a with a second upper edge and a second lower edge joined to the first lower edge of the inner collar member 34b); and (iii) a cord assembly configured to adjustably secure the inner collar member around the neck region of the subject’s body (50, [0048]-[0051]), wherein the cord assembly comprises one or more cord segments extending between the inner collar member and outer collar member (50 comprises one or more cord segments 54 extending between the inner collar member 34b a and outer collar member 34a).
York does not disclose the first upper edge of the inner collar member is configured to extend past the second upper edge of the outer collar member; and wherein the cord assembly comprises one or more cord segments extending through the inner collar member. Modifying York to include these structures as recited in independent claim 1 would necessitate improper hindsight reasoning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. 2022/0369744 by York (see above).
2. 2012/0233748 by Curtis discloses an upper garment with a multi layered collar, with an inner collar member and an outer collar member.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JILLIAN PIERORAZIO whose telephone number is (571)270-0553. The examiner can normally be reached M-F 8:30-4:30.
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/Jillian K Pierorazio/ Primary Examiner, Art Unit 3732
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