DETAILED ACTION
This is in response to a request for continued examination (RCE) filed on September 15th, 2025 in which claims 1, 3-6, 8-12, 14-16, 18, 21 are presented for examination.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/15/25 has been entered.
Examiner Notes
Claim 10 Line 4 has amendment annotations that should be removed as the Line 4 amendment was already previously presented.
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.
Claims 1, 3-6, 8-12, 14-16, 18, 21 is/are rejected under U.S.C. 112(b).
The term “when the disc concealer is secured to the interior portion” in Claim 1 Lines 13-14 is unclear and therefore renders the claim indefinite. Claim 1 Line 8 already positively claimed “disc concealer being secured to an interior portion”, but Lines 13-14 recite the securement functionally. As such, it is unclear whether the securement is positive or functional. For the purposes of applying art and providing rejections, the term will be considered positive, and examiner recommends deleting the “when” limitation.
The term “when the disc concealer is to the first liner” in Claim 10 Lines 15-16 is unclear and therefore renders the claim indefinite. Claim 10 Lines 11 “disc concealer being secured to the first liner” already positively claimed the securement, but Lines 15-16 recite the securement functionally. For the purposes of applying art and providing rejections, the term will be considered positive, and examiner recommends deleting the “when” limitation.
The term “more form fit” in Claim 16 Line 15 is unclear and therefore renders the claim indefinite. It is unclear what structure the term “more” is relative to. For the purposes of applying art and providing rejections, the term will be considered met by the term “form fit” and examiner recommends deleting the term “more.”
The term “when the disc concealer is secured to the garment” in Claim 16 Lines 15-16 is unclear and therefore renders the claim indefinite. Claim 16 Line 11 already positively claimed the securement in “securing the fabric disc concealer…within the garment” but Lines 15-16 recite the securement functionally. For the purposes of applying art and providing rejections, the term will be considered positive, and examiner recommends deleting the “when” limitation.
Dependent claims are rejected at the least for depending on rejected claims.
Claim Interpretation
Applicant-Defined Term
The term “high level of drape and stretch” in Claim 1 Line 13, Claim 10 Lines 14-15, and Claim 16 Lines 14-15 is met by swimwear garment as defined on pages 11-12 of remarks 9/15/25.
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.
FIRST REJECTION: Claim(s) 1, 8, 16, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz.
Regarding Claim 1, Cole teaches a garment (see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"),
a thin, stretchable, drapeable exterior fabric that forms an exterior portion of the garment (see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"; Col. 4 Lines 20-21 "patch 20 is not detected when sheer clothing is worn over the brassiere 16"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; Cole teaches the thin exterior fabric of polyester tricot which meets the structural limitations in the claims and performs the functions as recited such as being capable of some degree of stretchability and drapeability)
and structural seams that hold the exterior fabric to other sections of the garment (Col. 4 Lines 46-47 "the patch 20 is preferably adhered to the apex"; Col. 8 Lines 8-12 "molded cup 18b…suitably cut for assembly of a conventional brassiere with nipple covering and depressing means by sewing,…the cup 18 into a frame 26 having body-encompassing panels 28"; sewing indicates structural seams as claimed),
the thin, stretchable, drapeable, exterior fabric having a thickness (the existence of the exterior fabric indicates a thickness); and
a disc concealer comprising a fabric having a thickness (abstract "nipple patch or cover smoothly adhered to an apex portion of each breast cup"; Col. 4 Lines 11-12 "patch 20 is typically thin-gauged for comfort, preferably 0.012" - 0.014"", wherein the existence of the disc concealer indicates a thickness; as for fabric-- Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; as such, the disc concealer is polyester tricot fabric; as for disc--inasmuch as the term disc has been defined by the applicant, the patch 20 in Fig. 4 is a thin object as further supported by Col. 4 Lines 11-12),
the disc concealer being secured to an interior portion of the garment by an adhesive without being connected at the structural seams at a position where a reproductive region of a wearer will reside upon the wearer wearing the garment to add a thin extra layer around an interior area of the garment where the reproductive region is intended to reside (Col. 4 Lines 46-48 "patch 20 is preferably adhered to the apex portion 19 of each breast cup 18 with an adhesive coating applied", wherein Figs. 4 and 8 shows that concealer patch 20 is not located at the structural seams; Cole teaches the disc concealer which meets the structural limitations in the claims and performs the functions as recited such as being capable of being positioned at the reproductive region as recited, especially in light of Col. 3 Lines 58-63 "Fig. 2 shows a brassiere 16 in accordance with this invention as worn by a wearer. The brassiere 16 has two breast cups 18 including a nipple cover or patch 20 which covers and depresses the nipples of the wearer to effect a modest appearance and a smooth contour along the natural arc line of the wearer's breast"; Col. 4 Lines 22-24 "patch 20 is restrictively sized and shaped to smoothly cover the apex portion 19 of the cup 18 and, thus, conceal or mask the nipples"; inasmuch as the disc concealer is thin and exists, it provides a thin extra layer as recited; as for interior, see Fig. 4 for being the back view),
the disc concealer having the same stretch and drapeability of the exterior fabric (Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; inasmuch as the disc concealer is the same material as the exterior fabric such as polyester tricot fabric, recitation is met)
such that the garment has a high level of drape and stretch to provide a form fit for the wearer when the disc concealer is secured to the interior portion of the garment (as best understood in light of the 112(b) rejections--see claim interpretation, where high level is met by swimwear; Col. 8 Lines 59-62 “invention disclosed herein is…applicable to…swimwear…that may incorporate a molded breast cup”; Cole teaches swimwear which meets the structural limitations in the claims of being of a high level of drape and stretch and performs the functions as recited such as being capable of providing a form fit as recited; wherein previous limitations already taught that the disc concealer is secured to the interior portion);
and the disc concealer eliminates use of a foam pad configured to be where the reproductive region of the wearer is intended to reside within the garment (inasmuch as the disc concealer is not a foam pad, the concealer eliminates use as recited, wherein previous limitations already taught that the disc concealer is configured to be where the reproductive region of the wearer is intended to reside within the garment).
Cole at least suggests a disc concealer comprising a fabric having a thickness that is the same or less than the thickness of the exterior fabric that forms the exterior portion of the garment (see Fig. 8, wherein one of ordinary skill in the art would understand that the patch 20 and exterior fabric seem either to be the same thickness or wherein portions of the patch 20 are less thick than the exterior fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole such that the disc concealer’s thickness is the same or less as that of an exterior fabric especially as Cole desires to have a thin disc concealer and a thin brassiere (abstract; Col. 1 Lines 6-8; Col. 4 Lines 11-12) for providing both modesty and a natural look (Col. 2 Lines 9-12).
Cole does not explicitly teach wherein the exterior fabric has a weight of 10 oz/yard2 or less.
Waitz teaches wherein the exterior fabric has a weight of 10 oz/yard2 or less (see Fig. 3; Col. 2 Lines 45-47 "outer fabric layer 121 comprises a knitted blend of polymeric or polyamide yarns and elastomeric yarns, such as nylon and spandex"; Col. 2 Lines 54-55 "lightweight outer fabric layer 121 having a weight of less than about 7.5 ounces per square yard").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s exterior fabric to be of the material and weight of Waitz as it is a known effective synthetic material and weight for an exterior fabric of brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Cole’s disc concealer to also be of the material and weight of Waitz as Cole already taught that the disc concealer and exterior fabric are of the same material (Col. 4 Lines 11-15; Col. 3 Line 68-Col. 4 Line 2), in order for easier manufacturing, especially as a known material for brassieres.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole still teaches the disc concealer having the same stretch and drapeability of the exterior fabric.
Regarding Claim 8, modified Cole teaches all the claimed limitations as discussed above in Claim 1.
Cole further teaches wherein the thin, stretchable, drapeable exterior fabric forms an exterior bra front portion of the garment for receiving a breast of the wearer (see Fig. 3 for front view; Cole teaches the exterior fabric which meets the structural limitations in the claims and performs the functions as recited such as being capable of being an exterior bra front portion and receiving a wearer’s breast),
and the disc concealer is secured within the bra front portion at a position where the wearer's breast is intended to reside in order to add an extra layer around an interior area of the bra front portion where a nipple of the breast is intended to reside (see Figs. 3 and 4; Cole teaches the disc concealer and aforementioned bra front portion which meets the structural limitations in the claims and performs the functions as recited such as being capable of the concealer being at a position where the user’s nipple and breast are, especially in light of Col. 3 Lines 58-63, wherein the existence of the disc concealer indicates an extra layer).
Regarding Claim 16, Cole teaches a method for providing modesty coverage for a wearer within a garment (if a prior art, in its normal and usual operation, would necessarily describe a device capable of performing the steps of the method or process, then the device claimed will be considered to be inherent by the prior art process or method. When the prior art process or method is the same as a process or method described in the specification for describing the claimed device, it can be assumed the process or method will inherently describe the claimed device capable of performing the different steps of the process or method. In re King, 801 F.2d 1324, 231 USPQ 136 (Fed. Cir. 1986). MPEP 2112.02; as such, for structure for the method, see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"; Col. 3 Lines 58-63 "Fig. 2 shows a brassiere 16 in accordance with this invention as worn by a wearer. The brassiere 16 has two breast cups 18 including a nipple cover or patch 20 which covers and depresses the nipples of the wearer to effect a modest appearance and a smooth contour along the natural arc line of the wearer's breast"), the method comprising:
providing a thin, stretchable, drapeable exterior fabric that forms an exterior portion of the garment (see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"; Col. 4 Lines 20-21 "patch 20 is not detected when sheer clothing is worn over the brassiere 16"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; Cole teaches the thin exterior fabric of polyester tricot which meets the structural limitations in the claims and performs the functions as recited such as being capable of some degree of stretchability and drapeability),
the thin, stretchable, drapeable exterior fabric having a thickness (the existence of the exterior fabric indicates a thickness); and
providing a fabric disc concealer comprising a fabric having a thickness (abstract "nipple patch or cover smoothly adhered to an apex portion of each breast cup"; Col. 4 Lines 11-12 "patch 20 is typically thin-gauged for comfort, preferably 0.012" - 0.014"", wherein the existence of the disc concealer indicates a thickness; as for fabric-- Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; as such, the disc concealer is polyester tricot fabric; as for disc--inasmuch as the term disc has been defined by the applicant, the patch 20 in Fig. 4 is a thin object as further supported by Col. 4 Lines 11-12),
the disc concealer having the same stretch and drapeability of the exterior fabric (Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; inasmuch as the disc concealer is the same material as the exterior fabric such as polyester tricot fabric, recitation is met),
securing the exterior fabric in the garment along structural seams (Col. 8 Lines 8-12 "molded cup 18b…suitably cut for assembly of a conventional brassiere with nipple covering and depressing means by sewing,…the cup 18 into a frame 26 having body-encompassing panels 28", wherein sewing indicates structural seams); and
securing the fabric disc concealer using an adhesive within the garment at a position where a reproductive region of a wearer is intended to reside proximate to the exterior fabric within the garment to add a thin extra layer to further conceal the reproductive region of the wearer (Col. 4 Lines 45-49 “patch 20 may be sewn to the apex portion 19 of the cup 18, the patch 20 is preferably adhered to the apex portion 19 o each breast cup 18 with an adhesive coating”, wherein Figs. 4 and 8 show the concealer/patch 20 is away from structural seams; Cole teaches the disc concealer which meets the structural limitations in the claims and performs the functions as recited such as being capable of being positioned at the reproductive region as recited, especially in light of Col. 3 Lines 58-63 "Fig. 2 shows a brassiere 16 in accordance with this invention as worn by a wearer. The brassiere 16 has two breast cups 18 including a nipple cover or patch 20 which covers and depresses the nipples of the wearer to effect a modest appearance and a smooth contour along the natural arc line of the wearer's breast"; Col. 4 Lines 22-24 "patch 20 is restrictively sized and shaped to smoothly cover the apex portion 19 of the cup 18 and, thus, conceal or mask the nipples"; inasmuch as the disc concealer is thin and exists, it provides a thin extra layer as recited; as for interior, see Fig. 4 for being the back view),
such that the garment has a high level of drape and stretch to provide a more form fit for the wearer when the disc concealer is secured to the garment (as best understood in light of the 112(b) rejections--see claim interpretation, wherein high level is met by swimwear; Col. 8 Lines 59-62 “invention disclosed herein is…applicable to…swimwear…that may incorporate a molded breast cup”; Cole teaches swimwear which meets the structural limitations in the claims of being of a high level of drape and stretch and performs the functions as recited such as being capable of providing a form fit as recited; wherein previous limitations already taught that the disc concealer is secured to the garment);
and the disc concealer eliminates use of a foam pad configured to be where the reproductive region of the wearer is intended to reside within the garment (inasmuch as the disc concealer is not a foam pad, the concealer eliminates use as recited, wherein previous limitations already taught that the disc concealer is configured to be where the reproductive region of the wearer is intended to reside within the garment).
Cole at least suggests providing a disc concealer comprising a fabric having a thickness that is the same or less than a thickness of the exterior fabric that forms the exterior portion of the garment (see Fig. 8, wherein one of ordinary skill in the art would understand that the patch 20 and exterior fabric seem either to be the same thickness or wherein portions of the patch 20 are less thick than the exterior fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole such that the disc concealer’s thickness is the same or less as that of an exterior fabric especially as Cole desires to have a thin disc concealer and a thin brassiere (abstract; Col. 1 Lines 6-8; Col. 4 Lines 11-12) for providing both modesty and a natural look (Col. 2 Lines 9-12).
Cole does not explicitly teach wherein the exterior fabric has a weight of 10 oz/yard2 or less.
Waitz teaches wherein the exterior fabric has a weight of 10 oz/yard2 or less (see Fig. 3; Col. 2 Lines 45-47 "outer fabric layer 121 comprises a knitted blend of polymeric or polyamide yarns and elastomeric yarns, such as nylon and spandex"; Col. 2 Lines 54-55 "lightweight outer fabric layer 121 having a weight of less than about 7.5 ounces per square yard").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s exterior fabric to be of the material and weight of Waitz as it is a known effective synthetic material and weight for an exterior fabric of brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Cole’s disc concealer to also be of the material and weight of Waitz as Cole already taught that the disc concealer and exterior fabric are of the same material (Col. 4 Lines 11-15; Col. 3 Line 68-Col. 4 Line 2), in order for easier manufacturing, especially as a known material for brassieres.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole still teaches the disc concealer having the same stretch and drapeability of the exterior fabric and maintains as such.
Regarding Claim 21, modified Cole teaches all the claimed limitations as discussed above in Claim 8.
Cole further teaches wherein the garment comprises a swimwear bra (Cole teaches the brassiere which meets the structural limitations in the claims and performs the functions as recited such as being capable of being utilized for swimwear, especially in light of Col. 8 Lines 59-62; it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, as applied to the FIRST REJECTION above, further in view of Weber-Unger (USPN 10334891).
Regarding Claim 3, modified Cole teaches all the claimed limitations as discussed above in Claim 1.
Cole already taught wherein the disc concealer comprises fabric disc (see rejection of Claim 1 above).
Cole Figs. 2-4 embodiment does not explicitly teach wherein the disc concealer comprises circular fabric disc.
However, Cole Fig. 10 embodiment teaches wherein the disc concealer comprises circular fabric disc (Col. 4 Lines 34-38 "patch 30 in Fig. 10 shows…patch configuration…with eight symmetrically positioned petals 31 provides sufficient nipple coverage", wherein Fig. 10 shows a circular disc concealer inasmuch as the term circular has been defined).
A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s patch 20 of Figs. 2-4 to utilize patch 30 of Fig. 10 instead as a known shape of providing sufficient nipple coverage (Col. 4 Lines 34-38).
Cole does not explicitly teach wherein the disc concealer diameter is of about 2 ½ inches.
Weber-Unger at least suggests wherein the concealer has a diameter of about 2 ½ inches (Col. 2 Lines 44-49, 54 "size of the …nipple, and in particular the size of the areola vary from woman to woman. Accordingly, the element can assume different sizes and/or shapes in order to cover at least the wearer's…nipple and areola. The element preferably has an area of at most 400 cm2...element is usually larger than 1 cm2", which is at most 8.88 inches and larger than 0.44 inches; Col. 3 Line 10 "the elements can assume in principle any form").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measure the diameter and get the recited range. Even if the range measured did not overlap but was merely close, a prima facie case of obviousness still exists. See MPEP 2144.05, Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
Cole discloses the general conditions of the claimed invention except for the express disclosure of the diameter. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s concealer to be in the diameter range, if necessary, 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. In re Aller, 105 USPQ 233, especially as such a value falls within the range taught by Weber-Unger.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s concealer to be of the diameter range recited, especially as it falls within the range disclosed by Weber-Unger, as it would have been well within the skill of one of ordinary skill in the art to determine by aesthetic design choice or intended audience how large the concealer should be in order to accommodate the user, especially as Weber-Unger teaches that sizes vary woman to woman. Both Cole and Weber-Unger are in the same art of endeavor as brassieres with a layer over a nipple area for various concealing purposes.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, as applied to the FIRST REJECTION above, further in view of Weber-Unger (USPN 10334891) and Braverman (USPN 10238155).
Regarding Claim 9, modified Cole teaches all the claimed limitations as discussed above in Claim 1.
Cole at least suggests wherein the disc concealer is secured at a distance of two and half (2 1/2 inches) or less from a closest structural seam of the structural seams (see rejection of Claim 1 wherein it was already established that the disc concealer is established at a distance from structural seams).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to measure the distance and get the recited range. Even if the range measured did not overlap but was merely close, a prima facie case of obviousness still exists. See MPEP 2144.05, Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985).
Furthermore, modified Cole discloses the general conditions of the claimed invention except for the express disclosure of the distance. Absent a showing of criticality with respect to the distance (see page 13 Lines 6-21 of the instant specification), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the distance to be the range, if necessary, 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. In re Aller, 105 USPQ 233.
Nevertheless, Weber-Unger teaches it’s known in the art that the concealer is a particular size based on user (see rejection of Claim 3).
Furthermore, Braverman teaches that it’s known in the art that bra cups are a particular size based on user (see table in Col. 10).
Inasmuch as Weber-Unger and Braverman disclose values of the concealer size and the cup size, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s concealer to be in a range as recited based on aesthetic design choice as it would have been within the skill of one of ordinary skill in the art to arrange the concealer at the apex/nipple for effective use (Cole Col. 3 Lines 58-63), wherein such an apex would be a certain distance away from the structural seams at the edge of the bra cup, wherein the values disclosed by Weber-Unger and Braverman certainly account for a distance in such a range.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, as applied to the FIRST REJECTION above, further in view of Klakauskas (USPN 6881123).
Regarding Claim 18, modified Cole teaches all the claimed limitations as discussed above in Claim 16.
Cole does not explicitly teach providing a first liner comprising a thin, stretchable, drapeable fabric,
and securing the first liner over an interior portion of the exterior fabric of the garment at the structural seams of the garment holding the exterior fabric in the garment.
However, Klakauskas teaches providing a first liner, and that the liner can be the same material as the exterior fabric (Col. 4 Line 19, 22, 27-28 "outer shell layer 10…of a soft stretch knit fabric…knit fabrics, nylon, nylon with spandex, polyester knits and polyester knits with spandex"; Col. 4 Line 34, 39-40 "inner lining layer 30…suitable examples of the inner lining layer include nylon, soft cotton and silk"),
and securing the first liner over an interior portion of the exterior fabric of the garment at structural seams of the garment holding the exterior fabric in the garment (Col. 4 Lines 40-43 "outer shell layer 10…inner lining layer 30, are permanently joined to one another, such as through sewing").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s garment body to be of an outer fabric and an inner liner fabric as taught by Klakauskas as a known assembly structure of a brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole teaches providing a first liner comprising a thin, stretchable, drapeable fabric (inasmuch as Cole teaches an exterior fabric being thin, stretchable, drapeable fabric and Klakauskas teaches that the exterior fabric and liner are the same material, modified Cole would have both an exterior fabric and liner of a thin, stretchable, drapeable fabric).
SECOND REJECTION: Claim(s) 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, Klakauskas (USPN 6881123), and Webster (US Publication 2020/0022423) (Examiner notes that references to Webster will be taken from its provisional 62/676,351, previously included in the PTO-892 as NPL).
Regarding Claim 10, Cole teaches a garment configured to cover at least one or more reproductive regions of a female wearer (it is noted that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations; however, see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"; Cole teaches the brassiere garment which meets the structural limitations in the claims and performs the functions as recited such as being capable of covering as recited especially in light of Col. 3 Lines 58-63 "Fig. 2 shows a brassiere 16 in accordance with this invention as worn by a wearer. The brassiere 16 has two breast cups 18 including a nipple cover or patch 20 which covers and depresses the nipples of the wearer to effect a modest appearance and a smooth contour along the natural arc line of the wearer's breast"), the garment comprising:
a thin, stretchable, drapeable exterior fabric that forms an exterior portion of the garment (see Figs. 2-4; abstract "molded brassiere formed of a thin fabric"; Col. 4 Lines 20-21 "patch 20 is not detected when sheer clothing is worn over the brassiere 16"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric")
the thin, stretchable, drapeable exterior fabric having a thickness (the existence of the exterior fabric indicates a thickness);
and structural seams of the garment holding the exterior fabric to other sections of the garment (Col. 4 Lines 46-47 "the patch 20 is preferably adhered to the apex"; Col. 8 Lines 8-12 "molded cup 18b…suitably cut for assembly of a conventional brassiere with nipple covering and depressing means by sewing,…the cup 18 into a frame 26 having body-encompassing panels 28"; sewing indicates structural seams as claimed),
a disc concealer comprising a fabric having a thickness (abstract "nipple patch or cover smoothly adhered to an apex portion of each breast cup"; Col. 4 Lines 11-12 "patch 20 is typically thin-gauged for comfort, preferably 0.012" - 0.014"", wherein the existence of the disc concealer indicates a thickness; as for fabric-- Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; as such, the disc concealer is polyester tricot fabric; as for disc--inasmuch as the term disc has been defined by the applicant, the patch 20 in Fig. 4 is a thin object as further supported by Col. 4 Lines 11-12),
the disc concealer being secured at a position where a reproductive region of the female wearer is intended to reside within the garment to add an extra layer to further conceal the reproductive region of the female wearer (Cole teaches the disc concealer which meets the structural limitations in the claims and performs the functions as recited such as being capable of being secured at the location recited for the purpose recited, especially in light of Col. 3 Lines 58-63; Col. 4 Lines 45-46 “patch 20 may be sewn to the apex portion 19 of the cup 18”; furthermore, inasmuch as the disc concealer exists, it is an extra layer),
wherein the disc concealer has the same stretch and drapeability of the exterior fabric (Col. 4 Lines 11-15 "patch 20…made of non-stretchable material…made out of same material as the cup 18"; Col. 4 Lines 11-13 "patch 20…made of…cotton, tricot, polyester, or simplex"; Col. 3 Line 68-Col. 4 Line 2 "breast cups 18 are typically unlined, thin, translucent, and made of a single layer of polyester tricot fabric"; inasmuch as the disc concealer is the same material as the exterior fabric such as polyester tricot fabric, recitation is met)
such that the garment has a high level of drape and stretch to provide a form fit for the wearer when the disc concealer is secured to the first liner of the garment (as best understood in light of the 112(b) rejections--see claim interpretation, wherein high level is met by swimwear; Col. 8 Lines 59-62 “invention disclosed herein is…applicable to…swimwear…that may incorporate a molded breast cup”; Cole teaches swimwear which meets the structural limitations in the claims of being of a high level of drape and stretch and performs the functions as recited such as being capable of providing a form fit as recited; wherein previous limitations already taught that the disc concealer is secured to the first liner);
and the disc concealer eliminates use of a foam pad configured to be where the reproductive region of the female wearer is intended to reside within the garment (inasmuch as the disc concealer is not a foam pad, the concealer eliminates use as recited, wherein previous limitations already taught that the disc concealer is configured to be where the reproductive region of the wearer is intended to reside within the garment).
Cole at least suggests a disc concealer comprising a fabric having a thickness that is the same or less than the thickness of the exterior fabric that forms the exterior portion of the garment (see Fig. 8, wherein one of ordinary skill in the art would understand that the patch 20 and exterior fabric seem either to be the same thickness or wherein portions of the patch 20 are less thick than the exterior fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole such that the disc concealer’s thickness is the same or less as that of an exterior fabric especially as Cole desires to have a thin disc concealer and a thin brassiere (abstract; Col. 1 Lines 6-8; Col. 4 Lines 11-12) for providing both modesty and a natural look (Col. 2 Lines 9-12).
Cole does not explicitly teach wherein the exterior fabric has a weight of 10 oz/yard2 or less.
Waitz teaches wherein the exterior fabric has a weight of 10 oz/yard2 or less (see Fig. 3; Col. 2 Lines 45-47 "outer fabric layer 121 comprises a knitted blend of polymeric or polyamide yarns and elastomeric yarns, such as nylon and spandex"; Col. 2 Lines 54-55 "lightweight outer fabric layer 121 having a weight of less than about 7.5 ounces per square yard").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s exterior fabric to be of the material and weight of Waitz as it is a known effective synthetic material and weight for an exterior fabric of brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Cole’s disc concealer to also be of the material and weight of Waitz as Cole already taught that the disc concealer and exterior fabric are of the same material (Col. 4 Lines 11-15; Col. 3 Line 68-Col. 4 Line 2), in order for easier manufacturing, especially as a known material for brassieres.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole still teaches the disc concealer having the same stretch and drapeability of the exterior fabric and maintains as such.
Cole also does not explicitly teach a first liner comprising a thin, stretchable, drapeable fabric,
the first liner secured over an interior portion of the exterior fabric of the garment at structural seams of the garment holding the exterior fabric in the garment.
However, Klakauskas teaches a liner, and that the liner can be the same material as the exterior fabric (Col. 4 Line 19, 22, 27-28 "outer shell layer 10…of a soft stretch knit fabric…knit fabrics, nylon, nylon with spandex, polyester knits and polyester knits with spandex"; Col. 4 Line 34, 39-40 "inner lining layer 30…suitable examples of the inner lining layer include nylon, soft cotton and silk"),
the first liner secured over an interior portion of the exterior fabric of the garment at structural seams of the garment holding the exterior fabric in the garment (Col. 4 Lines 40-43 "outer shell layer 10…inner lining layer 30, are permanently joined to one another, such as through sewing").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s garment body to be of an outer fabric and an inner liner fabric attached at the structural seams as taught by Klakauskas as a known assembly structure of a brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole teaches a first liner comprising a thin, stretchable, drapeable fabric (inasmuch as Cole teaches an exterior fabric being thin, stretchable, drapeable fabric and Klakauskas teaches that the exterior fabric and liner are the same material, modified Cole would have both an exterior fabric and liner of a thin, stretchable, drapeable fabric).
Cole also does not explicitly teach the disc concealer being secured to the first liner at a position where a reproductive region of the female wearer is intended to reside within the garment to add an extra layer to further conceal the reproductive region of the female wearer.
Webster teaches the concealer being secured to the first liner at a position where a reproductive region of the female wearer is intended to reside within the garment to add an extra layer to further conceal the reproductive region of the female wearer (see Figs. 2 and 3; [0028] "modesty element 28 can be secured to both the outer and inner flexible layers 24 and 32, for instance with stitching sewn through the outer and inner flexible layers 24 and 32 and the modesty element 28"; [0026] "modesty element 28 can be secured between the outer and inner flexible layers 24 and 32 such that the annular gap 30 is formed around the modesty element 28 and between the modesty element 28 and the outer perimeters 26 and 34 of the outer and inner flexible layers 24 and 32 respectively"; Webster teaches the concealer being secured to the first liner which meets the structural limitations in the claims and performs the functions as recited such as being capable of being at the location recited for the purpose recited, especially in light of [0031] "modesty element 28 can be positioned over the apex 14 of the user's breast 12"; [0026] "each breast 12 having an apex 14, or nipple"; wherein the existence of the concealer indicates an extra layer).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s assembly with the securement location as taught by Webster as an effective securement for the same purpose of Cole of concealing a particular area.
Regarding Claim 11, modified Cole teaches all the claimed limitations as discussed above in Claim 10.
Modified Cole further teaches wherein the exterior fabric comprises a stretchable knitted fabric having a weight of about 7 oz/yard2 (Cole previously taught an exterior fabric made as a stretchable knitted fabric of about 7 oz/yard2 as taught by Waitz; see rejection of Claim 1 above, Waitz Col. 2 Lines 45-47; Col. 2 Lines 54-55).
Regarding Claim 12, modified Cole teaches all the claimed limitations as discussed above in Claim 10.
Modified Cole further teaches wherein the disc concealer comprises a stretchable knitted fabric having a weight of about 5.5 oz/yard2 (Cole previously taught a disc concealer of a same material of the exterior fabric; as such, as Waitz then taught the exterior fabric being a stretchable knitted fabric, so would then the disc concealer; and as Waitz taught the exterior fabric being less than about 7.5 ounces per square yard, so then also would the disc concealer be less than about 7.5 ounces per square yard, which meets the recitation of a weight of about 5.5 oz/yard2).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, Klakauskas (USPN 6881123), and Webster (US Publication 2020/0022423) (Examiner notes that references to Webster will be taken from its provisional 62/676,351, previously included in the PTO-892 as NPL), as applied to the SECOND REJECTION above, further in view of Abbott et al (2015/0024658), herein Abbott, and Fortner (USPN 8113910).
Regarding Claim 14, modified Cole teaches all the claimed limitations as discussed above in Claim 10.
Cole does not explicitly teach wherein the disc concealer is secured to an interior portion of the first liner with garment tape around an edge of the disc concealer.
However, Cole did already teach the disc concealer is secured with stitching (Col. 4 Lines 45-46).
Further, Cole modified by Webster already taught wherein the disc concealer is secured to the first liner such that the disc concealer is between the exterior fabric and the first liner (see Figs. 2 and 3).
Abbott teaches the concealer is secured to an interior portion of the first liner (see Figs. 2 and 3; [0013] “modesty panel 80 is a layer of material disposed on inner surface 73 of inner ply 70. The modesty panel 80 may alternatively be disposed on an outer surface 71 of the inner ply 70…or the inner surface of the first, outer ply 60”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s disc concealer location relative to the exterior fabric and liner as provided by Webster with the concealer location relative to the exterior fabric and liner of Abbott especially as Abbott teaches the interchangeability ([0013]) as a known arrangement to provide modesty ([0002]), which Cole also desires.
Also, Webster further teaches securing around an edge ([see Figs. 3, 5; [0039] "modesty element 28 can be secured to both the outer and inner flexible layers 24 and 32, for instance with stitching sewn through the outer and inner flexible layers 24 and 32 and the modesty element 28"; [0026] "modesty element 28 can be secured between the outer and inner flexible layers 24 and 32 such that the annular gap 30 is formed around the modesty element 28 and between the modesty element 28 and the outer perimeters 26 and 34 of the outer and inner flexible layers 24 and 32 respectively"; as such, it is around the edge).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s securement of the disc concealer (Col. 4 Lines 45-46), whose location relative to the liner and exterior fabric is provided by Abbott, to be around the edge of the concealer as taught by Webster, as Webster shows that such a securement is known in the art for effective securement in order to achieve the same purpose of concealing a particular area.
Furthermore, Fortner teaches securing with garment tape (see Fig. 1A, 3; Col. 3 Lines 31-33 “Depicted in Figs. 1, 3, and 5 are a pair of bra pad assemblies 10A and 10B each comprised of a bra pad 20A or 20B and a section of bonding fabric 22”; Col. 3 Lines 45-46 “bra pads 20A and 20B may be adhered to a garment through the sections of bonding fabric 22”; Col. 6 Lines 45-50 "user may…use double-sided tape to apply a garment pad to the garment by placing the double stick adhesive between the garment and the garment pad and applying pressure, thereby coupling the garment pad to the garment").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s disc concealer securement (Col. 4 Lines 45-46 sewing) to be instead garment tape as taught by Fortner as interchangeable securement methods (Col. 2 Lines 9-11).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cole (USPN 4557267) in view of Waitz et al (USPN 8277276), herein Waitz, Klakauskas (USPN 6881123), and Webster (US Publication 2020/0022423) (Examiner notes that references to Webster will be taken from its provisional 62/676,351, previously included in the PTO-892 as NPL), as applied to the SECOND REJECTION above, further in view of Abbott et al (2015/0024658), herein Abbott.
Regarding Claim 15, modified Cole teaches all the claimed limitations as discussed above in Claim 10.
Cole does not explicitly teach wherein the disc concealer is secured to an interior portion of the first liner with stitching around an edge of the disc concealer.
However, Cole did already teach the disc concealer is secured with stitching (Col. 4 Lines 45-46).
Further, Cole modified by Webster already taught wherein the disc concealer is secured to the first liner such that the disc concealer is between the exterior fabric and the first liner (see Figs. 2 and 3).
Abbott teaches the concealer is secured to an interior portion of the first liner (see Figs. 2 and 3; [0013] “modesty panel 80 is a layer of material disposed on inner surface 73 of inner ply 70. The modesty panel 80 may alternatively be disposed on an outer surface 71 of the inner ply 70…or the inner surface of the first, outer ply 60”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s disc concealer location relative to the exterior fabric and liner as provided by Webster with the concealer location relative to the exterior fabric and liner of Abbott especially as Abbott teaches the interchangeability ([0013]) as a known arrangement to provide modesty ([0002]), which Cole also desires.
Also, Webster further teaches securing around an edge with stitching ([see Figs. 3, 5; [0039] "modesty element 28 can be secured to both the outer and inner flexible layers 24 and 32, for instance with stitching sewn through the outer and inner flexible layers 24 and 32 and the modesty element 28"; [0026] "modesty element 28 can be secured between the outer and inner flexible layers 24 and 32 such that the annular gap 30 is formed around the modesty element 28 and between the modesty element 28 and the outer perimeters 26 and 34 of the outer and inner flexible layers 24 and 32 respectively"; as such, it is around the edge).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cole’s sewing of the disc concealer, whose location relative to the liner and exterior fabric is provided by Abbott, to be around the edge of the concealer as taught by Webster, as Webster shows that such a securement is known in the art for effective securement in order to achieve the same purpose of concealing a particular area.
THIRD REJECTION: Claim(s) 1, 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gransberry (US Publication 2009/0130953) in view of Waitz et al (USPN 8277276), herein Waitz, Judson (USPN 6174217), and Newnam (US Publication 2012/0010582).
Regarding Claim 1, Gransberry teaches a garment (see Fig. 6; [0030] "Fig. 6 shows a brassiere 50 that incorporates the cup 10 at 55") comprising:
a thin, stretchable, drapeable exterior fabric that forms an exterior portion of the garment (see Figs. 2, 3, 6; for exterior-- [0024] "outer layer 35 at a convex layer or surface of cup 10", and therefore exterior portion; for thin -- see Fig. 3 at least suggests compared to layer 30; [0026] "minimal thickness of the cup"; [0026] "were layer 20 not present between layers 15 and 30, the wearer's modesty would not be preserved and undesired exposure of the nipple would be visible through the outer clothing"; [0027] "were layer 20 between foam layer 30 and outer layer 35 ,then layer 20 would possibly be visible through outer layer 35 and beneath clothing"; as for stretchable, drapeable-- [0028] "layer 15 made from a material such as polyester, nylon, cotton blend or a rayon blend...layer 35 is made from the same or similar material as layer 15 that is easily molded"; Gransberry the thin exterior fabric of polyester, nylon, cotton blend or a rayon blend which meets the structural limitations in the claims and performs the functions as recited such as being capable of some degree of stretchability and drapeability),
the thin, stretchable, drapeable exterior fabric having a thickness (the existence of the exterior fabric indicates a thickness); and
a disc concealer comprising a fabric having a thickness (for concealer -- [0025] "concealing layer 20"; as for disc -- [0029] "layer 20 is shown and shaped as a flower; inasmuch as applicant has defined disc in the original disclosure, layer 20 is a thin disc; as for fabric -- [0008] "fabric region that covers the apex of the cup"; [0025] "layer 20 is centrally located over apex 40 of the cup 10"; wherein the existence of the concealer indicates a thickness),
the disc concealer being secured to an interior portion of the garment at a position where a reproductive region of a wearer will reside upon the wearer wearing the garment to add a thin extra layer around an interior area of the garment where the reproductive region is intended to reside (see Figs. 2 and 3; for secured--[0024], [0028]; for position--[0027] "cover 20 is located between layer 15 and foam layer 30", wherein side of foam layer 30 indicates an interior portion; [0025] "layer 20 has a smaller surface than layers 15, 30, or 35. Layer 20 is centrally located over apex 40 of the cup"; as for thin -- already established exterior fabric as thin and already established the thickness of the disc concealer is same or less as the thin exterior fabric; as for at a position -- [0025] "layer 20 is coincident with apex 40 of the brassiere to offer complete coverage and modesty to the wearer"),
the disc concealer having the same stretch and drapeability of the exterior fabric ([0028] "layer 20 is preferably a layer of material, such as nylon, although other materials such as polyester or cotton…could also be used…layer 15 made from a material such as polyester, nylon, cotton blend, or a rayon blend…layer 35 is made from the same or similar material as layer 15"; layer 20 and layer 35 can be the same material, and therefore have the same stretch and drapeability),
such that the garment has a high level of drape and stretch to provide a form fit for the wearer when the disc concealer is secured to the interior portion of the garment (as best understood in light of the 112(b) rejections--see claim interpretation, wherein high level is met by swimwear; Gransberry teaches brassiere garment which meets the structural limitations in the claims of being of a high level of drape and stretch and performs the functions as recited such as being capable of providing a form fit met by swimwear as recited, especially as it is known in the art that brassieres/swimwear are interchangeable, see extrinsic evidence Cole USPN 4557267; wherein previous limitations already taught that the disc concealer is secured to the interior portion);
and the disc concealer eliminates use of a foam pad configured to be where the reproductive region of the wearer is intended to reside within the garment (inasmuch as the disc concealer is not a foam pad, the concealer eliminates use as recited, wherein previous limitations already taught that the disc concealer is configured to be where the reproductive region of the wearer is intended to reside within the garment).
Gransberry at least suggests a disc concealer comprising a fabric having a thickness that is the same or less than a thickness of the exterior fabric that forms the exterior portion of the garment (see Fig. 2, wherein one of ordinary skill in the art would understand that concealer 20 and exterior fabric seem to be the same thickness, and would otherwise be lesser in view of [0026] “minimal thickness of the cup”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gransberry such that the disc concealer’s thickness is the same or less as that of an exterior fabric especially as Gransberry desires to have a thin disc concealer and a thin brassiere ([0026]), as it is known to do so for providing both modesty and a natural look (see extrinsic evidence Cole USPN 4557267 Col. 2 Lines 9-12).
Gransberry does not explicitly teach that the exterior fabric has a weight of 10 oz/yard2 or less.
However, Gransberry does teach a synthetic exterior fabric ([0028] "layer 15 made from a material such as polyester, nylon, cotton blend or a rayon blend...layer 35 is made from the same or similar material as layer 15 that is easily molded”).
Waitz teaches wherein synthetic exterior fabric has a weight of 10 oz/yard2 or less (see Fig. 3; Col. 2 Lines 45-47 "outer fabric layer 121 comprises a knitted blend of polymeric or polyamide yarns and elastomeric yarns, such as nylon and spandex"; Col. 2 Lines 54-55 "lightweight outer fabric layer 121 having a weight of less than about 7.5 ounces per square yard").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gransberry’s exterior fabric to be of the material and weight of Waitz as it is a known effective synthetic material and weight for an exterior fabric of brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify Gransberry’s disc concealer to also be of the material and weight of Waitz as Gransberry already taught that the disc concealer and exterior fabric are of the same material ([0028]), in order for easier manufacturing, especially as a known material for brassieres.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Cole still teaches the disc concealer having the same stretch and drapeability of the exterior fabric and maintains as such.
Gransberry also does not explicitly teach and structural seams that hold the exterior fabric to other sections of the garment,
and therefore the disc concealer being secured without being connected at the structural seams.
Judson teaches structural seams that hold the exterior fabric to other sections of the garment (see Fig. 2; Col. 5 Lines 11-14 "panel 32 and panel 30 are secured by stitching 60 and 62 at a lower region 64 of breast cup 18 wherein underwire 20 is positioned between the panels and between stitching 60 and 62").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gransberry’s exterior fabric with structural seams as taught by Judson as a known method of assembly for a brassiere.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that modified Gransberry teaches wherein the disc concealer has been secured also without being connected at the structural seams (wherein Gransberry Figs. 2, 3, and 6 indicate the disc concealer apart from what would be structural seams of Judson inasmuch as the area of the concealer is smaller than the cup layers and therefore not where the structural seam would be).
Gransberry does not explicitly teach the disc concealer is secured by an adhesive.
However, Gransberry does teach securement via molding ([0024], [0028]).
Newnam teaches a concealer secured by an adhesive (see Figs. 3A, 3B, 5, where concealer 28 is on the interior; [0051] "capturing panel 14 is sewn onto the main garment body 12, however, any other known method of attachment may be used, including fabric glue, fabric tape. The capturing panel 14 may be sewn onto the main garment body 12 such that the perimeter of the capturing panel 14 is stitched down to the main garment body 12...this is advantageous as it allows air circulation").
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gransberry’s securement with the adhesive of Newnam as these methods of securement are interchangeable as known in the art (see extrinsic evidence Liu USPN 7192332).
Regarding Claim 4, modified Gransberry teaches all the claimed limitations as discussed above in Claim 1.
Modified Gransberry further teaches wherein the thin, stretchable, drapeable exterior fabric comprises a stretchable knitted fabric having a weight of about 7 oz/yard2 (Gransberry previously taught a thin, stretchable, drapeable exterior fabric made as a stretchable knitted fabric of about 7 oz/yard2 as taught by Waitz; see rejection of Claim 1 above, Waitz Col. 2 Lines 45-47; Col. 2 Lines 54-55).
Regarding Claim 5, modified Gransberry teaches all the claimed limitations as discussed above in Claim 1.
Modified Gransberry further teaches wherein the disc concealer comprises a stretchable knitted fabric having a weight of about 5.5 oz/yard2 (Gransberry previously taught a disc concealer of a same material of the thin, stretchable, drapeable exterior fabric; as such, as Waitz then taught the exterior fabric being a stretchable knitted fabric, so would then the disc concealer; and as Waitz taught the exterior fabric being less than about 7.5 ounces per square yard, so then also would the disc concealer be less than about 7.5 ounces per square yard, which meets the recitation of a weight of about 5.5 oz/yard2).
Regarding Claim 6, modified Gransberry teaches all the claimed limitations as discussed above in Claim 1.
Modified Gransberry further teaches wherein the disc concealer comprises a nylon elastane knit fabric (Gransberry previously taught a disc concealer of a same material of the thin, stretchable, drapeable exterior fabric; as such, as Waitz then taught the exterior fabric being nylon and spandex (wherein it is known in the art that spandex is elastane), so would then the disc concealer).
Response to Arguments
Applicant's arguments filed 9/15/25 have been fully considered but they are not persuasive to overcome the prior art of record. Attention is directed to the new grounds of rejection herein necessitated by the remarks.
At the outset, examiner is herein withdrawing the previous 112(b) rejections pertaining to the term “high” due to the applicant-defined definition in the remarks 9/15/25. Specifically:
Remarks on pages 11-12 indicate that the metes and bounds of the term “high” is defined by “form fit” which is defined by the term “swimwear” in the specification and is so interpreted herein. Examiner also notes that, as such, the previous rejection of Claim 21 already met the recitation.
Any disagreement may warrant 112(a) enablement rejections and/or 112(b) indefiniteness rejections without constituting a new rejection.
Nevertheless, for clarity of record, examiner addresses herein the non-persuasiveness of the rest of the remarks.
Pertaining to the remarks on page 8 that applicant disagrees the “same stretch and drapeability” is indefinite because no material is disclosed, examiner clarifies that the reason the recitation was rejected as indefinite was due to its relation to the term “high”, not to the term “same.”
Pertaining to remarks on page 8 that applicant disagrees that a “high level of drape and stretch” is indefinite because the specification was not taken into account and the claim was not considered as a whole, see remarks above wherein the “swimwear” remarks are accepted as providing metes and bounds, and see remarks following as to the non-persuasiveness of the remaining remarks.
Pertaining to remarks on page 9 that the examiner applied an unduly overly broad and unreasonable reading of the structure of the garments because Cole taught that the garment had no drape or stretch—examiner respectfully disagrees, and indicates that this remark has been made and addressed multiple times in prosecution. Attention is directed to page 4 of the previous final rejection of 3/14/25 for the instances.
Pertaining to remarks on page 9 that the previous examiner interpretation, as best understood in light of the 112(b) rejections, that the term “high level” was met by fabric weights was incorrect—examiner appreciates the clarification but then indicates that there are no other structural properties that define the term “high level” and therefore, inasmuch as all structural properties are met in the claims, so would the term “high level”, if applicant had not now defined the term as met by “swimwear.”
Pertaining to remarks on pages 9-11 that ASTM standards provide the metes and bounds for the term “high level”—examiner notes that it was previously stated that ASTM standards cannot now be brought in without a new definition. To argue that ASTM standards would be that understood by one of ordinary skill in the art is not persuasive as it is merely one of many possibilities that one of ordinary skill in the art could measure by. To narrow the definition to ASTM standards is to bring in a new definition.
Even if ASTM standards could be brought in to define the term, remarks on page 9 indicate that ASTM D2594 defines the term high stretch as being greater than 20% and that ASTM D1388 defines the term high level of drape as having a bending length of less than 10 mm—examiner respectfully disagrees, and reiterates the same response on page 4 of the previous final rejection of 3/14/25—nowhere in the ASTM standards have such ranges been disclosed, let alone defining the term “high level of drape” or “high stretch.”
The remaining standards provided, such as ASTM D3107, also provide no numerical ranges for defining the term “high.” The standards provided are merely standard methods of determining what is an agreed upon precise method of measurement, and have not disclosed any definitions for “high.”
Summarily: claims have not structurally differentiated the limitations from the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grace Huang whose telephone number is (571)270-5969. The examiner can normally be reached M-Th 8:30am-5:30pm EST.
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, Khoa Huynh can be reached on 571-272-4888. 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.
/GRACE HUANG/Primary Examiner, Art Unit 3732