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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/21/2026 has been entered.
Response to Amendment
Applicant’s amendment of 01/21/2026 is acknowledged.
Claims 1, 3-4, 6-18, 23-24, and 27 are presented.
Claim 1 is presented in independent form and is amended.
Dependent claim 16 is amended.
Claims 12, 14, and 23 remain withdrawn.
The present Office action treats claims 1, 3-4, 6-11, 13, 15-18, 24, and 27 on the merits.
The present Office action is a non-final rejection.
Drawings – Replacement Sheet
The replacement sheet received on 01/21/2026. These drawings are acceptable and are entered.
Specification Amendment
A specification amendment dated 01/21/2026 is acknowledged.
This amendment is not acceptable and is not entered insofar it was not “made by adding, deleting, or replacing a paragraph; by replacing a section; or by providing a substitute specification, in the manner specified” as described in MPEP 714, which states in part and in referencing 37 CFR 1.121:
(b) Specification. Amendments to the specification, other than the claims, “Large Tables” (§ 1.58(c)), a “Computer Program Listing Appendix” (§ 1.96(c)(5) and (7)), a “Sequence Listing” (§ 1.825), or a “Sequence Listing XML” (§ 1.835), must be made by adding, deleting, or replacing a paragraph; by replacing a section; or by providing a substitute specification, in the manner specified in this section.
(1) Amendment to delete, replace, or add a paragraph. Amendments to the specification, including amendment to a section heading or the title of the invention which are considered for amendment purposes to be an amendment of a paragraph, must be made by submitting:
(i) An instruction, which unambiguously identifies the location, to delete one or more paragraphs of the specification, replace a paragraph with one or more replacement paragraphs, or add one or more paragraphs;
(ii) The full text of any replacement paragraph with markings to show all the changes relative to the previous version of the paragraph. The text of any added subject matter must be shown by underlining the added text. The text of any deleted matter must be shown by strike-through except that double brackets placed before and after the deleted characters may be used to show deletion of five or fewer consecutive characters. The text of any deleted subject matter must be shown by being placed within double brackets if strike-through cannot be easily perceived;
(iii) The full text of any added paragraphs without any underlining; and
(iv) The text of a paragraph to be deleted must not be presented with strike-through or placed within double brackets. The instruction to delete may identify a paragraph by its paragraph number or include a few words from the beginning, and end, of the paragraph, if needed for paragraph identification purposes.
Response to Arguments
Applicant’s REMARKS of 01/21/2026 (see p. 9-14 of the reply) are fully considered.
Regarding Objection to the Specification (p. 9): Applicant’s arguments are fully considered.
The filing receipt of 03/03/2026 states the Domestic Applications for which benefit is claimed such that the objection as applied in the previous Office action is overcome.
Regarding Drawings – Objection Under 37 CFR 1.83(a): Applicant’s arguments are fully considered but they are not persuasive. Although “Drawings have been amended...to include reference numbers for...these features”, the specification does not state which feature corresponds to which numeral. It is noted the specification amendment of 01/21/2026 is not acceptable and not entered. The drawings remain objected to.
Regarding Rejection under 35 USC 112(b): Applicant’s arguments are fully considered and are persuasive. Specifically, upon further review of the present disclosure, the amended claims, and Applicant’s remarks, the 35 USC 112(b) rejections set forth in the prior Office action are overcome.
Regarding Rejection under 35 USC 102(a)(1) and 103: Applicant’s arguments directed to [Cristol-Donovan, US 2016/0270452] are fully considered but are moot insofar as the Domestic Applications for which benefit is claimed as indicated in the filing receipt of 03/03/2026 are such that the Effective Filing Date of the present disclosure is such that the argued reference (i.e. [Cristol-Donovan, US 2016/0270452] is not a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention; or an application for patent published or deemed published under section 122(b), in which the application names another inventor and was effectively filed before the effective filing date of the claimed invention. Accordingly, the 35 USC 102 rejections as being clearly anticipated by [Cristol-Donovan, US 2016/0270452] are withdrawn.
Applicant’s arguments directed to “the D’Huissier reference” and “the Giloh reference” are fully considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 parallel flat planes of claim 1 and the at least two edges of claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 420, 460, 480, 490.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 6-7, 9-11, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Dai, CN-2410883-Y, newly cited] in view of [Spanel, US 2,158,206, newly cited and hereinafter “Spanel ‘206”] and [Spanel, US 2,100,572, newly cited and hereinafter “Spanel ‘572”].
Regarding claim 1:
Dai discloses (Fig. 2):
A garment (“Underpants”/”underpants”; Title, abstract; no specific numeral provided therefor; elements thereof identified hereinbelow) configured for sexual activity (a wearer is capable of engaging in sexual activity while wearing the garment such that the garment is configured for sexual activity; in addition, Dai as modified meets all claim limitations as set forth hereinbelow such that it is a garment configured for sexual activity as claimed), comprising:
a membrane (the underpants) formed of a continuous layer of elastomeric (“elastic...latex”; spec p. 1 lines 11-12) non-permeable (“waterproof”; spec p. 1 line 18) material (“elastic material...latex...requiring only one-piece molding, without the need for additional...seams” (spec p 1. lines 11-21)), the membrane including:
a front portion (see annotated Fig. 2 – a below);
an outer thigh portion (see annotated Fig. 2 – a below) on a right side of the membrane;
an outer thigh portion (see annotated Fig. 2 – a below) on a left side of the membrane; and
a genital portion (see annotated Fig. 2 – a below),
an opening at a top portion of the membrane (see annotated Fig. 2 – a below),
a respective opening on each of the right and left sides of the membrane (see annotated Fig. 2 – a below),
wherein the membrane is seamless (“elastic material...latex...requiring only one-piece molding, without the need for additional...seams” (spec p 1. lines 11-21)),
wherein the continuous layer of elastomeric non-permeable material is configured to be exhibited as one layer of elastomeric non-permeable material when worn (“elastic material...latex...requiring only one-piece molding, without the need for additional...seams” (spec p 1. lines 11-21); Fig. 2).
PNG
media_image1.png
811
903
media_image1.png
Greyscale
Dai does not expressly disclose
the membrane including a back portion;
wherein the front portion and the back portion of the membrane are joined via the genital portion, and each outer thigh portion of the respective right and left sides of the membrane are joined via the genital portion to form the respective opening on each of the right and left sides of the membrane
wherein the front portion and the back portion are two connected via at least two edges
Dai Fig. 2 shows only a front portion such that any back portion of Dai would be obscured from view by the front portion in Fig. 2. Nonetheless, given the capability of fitting snugly against the body (spec p. 1 line 18) so as to “seal the body and isolate it from the outside” environment (spec p. 1 line 2), a person having ordinary skill in the art to which the claimed invention pertains would have expected that back portion joined and connected as claimed would afford the capability around the entire circumference of a wearer’s entire body as opposed to only around a front body portion. However, Dai is silent as to whether or not a back portion is provided as claimed.
Nevertheless, Spanel ‘206 teaches (Figs. 1-5) a barrier garment 5 comprising a membrane 5 comprising a front portion (see annotated Figs. 1-4 – a below); a back portion (see annotated Figs. 1-4 – a below); an outer thigh portion on a right side of the membrane (see annotated Figs. 1-4 – a below); an outer thigh portion on a left side of the membrane (see annotated Figs. 1-4 – a below); and a genital portion (see annotated Figs. 1-4 – a below), wherein the front portion and the back portion of the membrane are joined (as in annotated Figs. 1-4 – a below) via the outer thigh portion on the respective right and left sides of the membrane so as to form an opening (see annotated Figs. 1-4 – a below) at a top portion of the membrane, wherein the front portion and the back portion of the membrane are joined (as in annotated Figs. 1-4 – a below) via the genital portion, and each outer thigh portion of the respective right and left sides of the membrane are joined (as in annotated Figs. 1-4 – a below) via the genital portion to form a respective opening (see annotated Figs. 1-4 – a below) on each of the right and left sides of the membrane, wherein the membrane is seamless (“seam-less garment[]”; col. 1 lines 23-24; Figs. 1-4), wherein the front portion and the back portion are two connected via at least two edges (see annotated Figs. 1-4 – a below).
PNG
media_image2.png
874
1008
media_image2.png
Greyscale
It 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 to have modified the garment of Dai such that the membrane including a back portion; wherein the front portion and the back portion of the membrane are joined via the genital portion, and each outer thigh portion of the respective right and left sides of the membrane are joined via the genital portion to form the respective opening on each of the right and left sides of the membrane; wherein the front portion and the back portion are two connected via at least two edges; in order to yield the predictable result of a garment whose membrane is capable of fitting snugly against the body around an entire circumference of the wearer’s body and legs so as to seal the entire circumference of the body and legs and isolate them from the outside environment.
Dai does not expressly disclose wherein the front portion and the back portion are two parallel flat planes connected via at least two edges.
Dai Fig. 2 shows a two-dimensional representation of the front portion which is configured to be provided around a body of a wearer and is silent as to whether the front portion is a flat plane or not.
However, Spanel ‘572 teaches (Figs. 3-5) a barrier garment 15 comprising a front portion and a back portion are two parallel flat planes (“front and back of the pants are of identical shape”; col. 2 lines 25-27; “made on the form 30 of Figs. 9, 10 and 11...form comprises two flat panels 31 and 32”; col. 3 lines 69-70; Figs. 3-5; Figs. 9-11; parallel nature thereof is evident in Figs. 4-5 and parallel nature of form flat panels is evident in Figs. 10-12).
Spanel ‘572 further teaches “this style of pants lends itself to being manufactured on a simpler type of form” (col. 2 lines 31-32) in comparison to the “pants...shaped to conform to the body” that is manufactured on a form whose “front face...is generally flat, whereas, the rear surface...is dished or concave to provide an increased area of the layer deposited thereon, so that the pants will be shaped to the body of the” wearer (col. 3 lines 4-10; Fig. 8).
It 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 to have modified the garment of Dai such that its front portion and the back portion are two parallel flat planes in order to permit utilization of simple molding equipment, as suggested by Spanel ‘572 (col. 2 lines 31-32).
and/or
It 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 to have modified the garment of Dai such that its front portion and the back portion are two identical parallel flat planes in order to provide identically shaped parallel front and back portions, as suggested by Spanel ‘572 (col. 2 lines 25-27), for the purpose of permitting the wearer to don the garment with the front portion on the wearer’s front body or, alternatively, with the front portion on the wearer’s rear body, with the fit of the garment being the same due to the identicality and parallel nature thereof.
Regarding claim 3:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
The modified Dai further meets the limitation wherein the front portion and the back portion of the membrane are interchangeable (the modified Dia is configured such that a wearer can wear the front portion on the wearer’s front body and the rear portion on the wearer’s rear body in a first wearing and, in addition, can wear the front portion of the wearer’s rear body and the rear portion on the wearer’s front body after having removed the garment and re-donned the garment in a second wearing).
Regarding claim 4:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses, wherein the membrane is one of: a partially pliable material and a pliable material (“made of elastic material” (Abstract); “have excellent elasticity”; p. 1 line 15 such that the membrane is a pliable material).
Regarding claim 6:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 4, as set forth above.
Dai further discloses wherein the partially pliable material is one of: a material having a non-flexible region and a material having a reduced flexibility region.
(It is noted Dai meets the limitation “a pliable material” of the limitation of claim 3 and that the partially pliable material is presented in the alternative such that Dai, in meeting the limitation “a pliable material of claim 3” also meets claim 4 limitations insofar as claim 4 only limits the “partially pliable material” presented in the alternative).
Regarding claim 7:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses wherein at least one of the following configurations is met: the top portion of the membrane is configured to fit a human wearer's torso snugly, the membrane is configured to fit a human body shape snugly, and the outer thigh portions on the right and left sides of the membrane is configured to fit a human wearer's respective thigh areas snugly.
(membrane and portions thereof are “made of elastic material” (Abstract); “have excellent elasticity”; p. 1 line 15 such that “the entire pair of pants fits snugly and snugly during wear” (p. 1 line 16) such that the top portion of the membrane is configured to fit a human wearer's torso snugly; the membrane is configured to fit a human body shape snugly; and the outer thigh portions on the right and left sides of the membrane is configured to fit a human wearer's respective thigh areas snugly. It is further noted the garment will fit wearers of different sizes differently such that the limitation is met).
Regarding claim 9:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein at least one of: the respective outer thigh portion of the right side and the left side, and a respective outer edge of a right side and a left side of the genital portion adjacent to the respective outer thigh portion, is configured to have a height of at least one of at least 1 millimeter, at least 8 millimeters, at least 0.8 inches, at least 1.8 inches, at least 2.8 inches, at least 3.8 inches, at least 4.8 inches, at least 5.8 inches, and is configured to have at least a length measuring 8 millimeters from below a human user's genital region to a top of a pelvic bone of the human user.
However and in further view of Dai:
Dai Fig. 2 is not expressly to scale. However, Dai appears to show in Fig. 2 the respective outer thigh portion of the right side and the left side, and a respective outer edge of a right side and a left side of the genital portion adjacent to the respective outer thigh portion, is configured to have a height of at least one of at least 1 millimeter, at least 8 millimeters, at least 0.8 inches, at least 1.8 inches, at least 2.8 inches, at least 3.8 inches, at least 4.8 inches, at least 5.8 inches, and is configured to have at least a length measuring 8 millimeters from below a human user's genital region to a top of a pelvic bone of the human user.
Moreover, and in further view of Dai: Dai is configured such that the waistband 2 thereof is “a long waistband that can reach the waist” and the “body has a long leg that is 3-15 cm long” wherein the genital portion “separates the two pant legs” (p. 1) such that the limitation “the respective outer thigh portion of the right side and the left side, and a respective outer edge of a right side and a left side of the genital portion adjacent to the respective outer thigh portion, is configured to have a height of at least one of at least 1 millimeter, at least 8 millimeters, at least 0.8 inches, at least 1.8 inches, at least 2.8 inches, at least 3.8 inches, at least 4.8 inches, at least 5.8 inches, and is configured to have at least a length measuring 8 millimeters from below a human user's genital region to a top of a pelvic bone of the human user” appears to be met insofar as the garment, generally, is configured to reach up to a wearer’s waist and each leg has a length that can be 15 cm long. However, Dai Fig. is not expressly to scale and the precise dimensions of any specific claimed portion cannot be determined from Fig. 2 alone.
It 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 to have modified the modified Dai such that at least one of: the respective outer thigh portion of the right side and the left side, and a respective outer edge of a right side and a left side of the genital portion adjacent to the respective outer thigh portion, is configured to have a height of at least one of at least 1 millimeter, at least 8 millimeters, at least 0.8 inches, at least 1.8 inches, at least 2.8 inches, at least 3.8 inches, at least 4.8 inches, at least 5.8 inches, and is configured to have at least a length measuring 8 millimeters from below a human user's genital region to a top of a pelvic bone of the human user, as appears to be the case in Fig. 2, in order to yield the predictable result of a garment that is configured to protect an area that has such a height and width of the wearer’s body.
Regarding claim 10:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses wherein the membrane is one of disposable and reusable.
(Dai is configured such that a wearer can re-use the membrane, for example by doffing the garment after use and then re-donning the garment for a successive use; in addition, Dai is configured such that a wearer can dispose the membrane after use, for example by discarding it in the garbage after doffing it. Accordingly, the membrane is disposable; and the membrane is reusable.)
Regarding claim 11:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses wherein the membrane embodies at least one of: a thong shape, a bikini shape, a legging shape (Fig. 2), a capri pant shape (Fig. 2), high thigh cut shape (Fig. 2), a low-rise cut shape (Fig. 2), a tanga shape, a cheeky shape (Fig. 2), a boy short shape (Fig. 2), and a boxer brief shape (Fig. 2).
Regarding claim 15:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses wherein the membrane includes material of at least one of: latex (Abstract), natural rubber latex, synthetic latex, butyl rubber, polyethylene, linear low density polyethylene (LLDPE), low density polyethylene (LDPE), high density polyethylene, polypropylene, olefin copolymer, styrene/butadiene rubber (SBR), polyurethane, polyisoprene, polyvinylidene chloride, polychloroprene, carboxylated acrylonitrile butadiene rubber, nitrile, graphene, spinifex grass, other grass, nanocellulose, vegan material, hypoallergenic material, organic material, superelastomer, other elastomer, other polymer, other copolymer, other polyolefin, and a combination of any of these materials.
Regarding claim 16:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein the membrane includes at least a second layer of material.
However and in further view of Spanel ‘572:
Spanel ‘572 teaches a membrane provided with a layer (“deposited layer is dried”; col. 3 line 34) and including a least a second layer of material (“Thereafter...again dipped and...removed from the bath...until the second layer is dried...operations are repeated until...desired thickness is formed”; col. 3 lines 35-41). Spanel ‘572 further teaches that “increased thickness” is configured to “provide...reinforcement”; col. 2 lines 10-11).
It 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 to have modified the modified Dai such that the membrane includes at least a second layer of material in order to yield a thick and strong membrane via accumulation of plural layers, as suggested by Spanel ‘572 (col. 3 lines 35-41).
Regarding claim 17:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai further discloses wherein the membrane includes at least one of: a design (i.e. the design of Fig. 2), a color, and a pattern (i.e. the pattern of the membrane; Fig. 2).
Claim(s) 8, 13, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Dai, CN-2410883-Y], [Spanel, US 2,158,206, hereinafter “Spanel ‘206”], and [Spanel, US 2,100,572, “Spanel ‘572”] as applied to claim 1 above, and further in view of [Wang, CN-201683033-U, newly cited].
Regarding claim 8:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein the membrane thickness is one of: 0.33 millimeters and less than 0.33 millimeters.
Wang teaches (Fig. 1) a garment (the “waterproof trousers” (para 24) of Fig. 1; no specific numeral provided therefor) configured for sexual activity (garment is configured such that a wearer can engage in sexual activity whilst wearing the garment) comprising a membrane (“trousers...medical...rubber or natural latex”; para 11) wherein the membrane thickness is less than 0.33 millimeters: “thickness of the trouser body is preferably 0.01-0.1 mm”; para 11; claim 1)
Wang further teaches garment is configured so as to “prevent waterproof trousers user itself and bring virus and bacterium into the aquatic of occasions such as sauna, bathing, swimming, thereby both prevented effectively that the dirty water that has virus and bacterium from getting into waterproof trousers, the virus and the bacterium that have also prevented user itself from infecting for other people. Therefore, the waterproof trousers of the utility model can effectively prevent diseases, especially prevent venereal diseases, in the occasions of sauna, bath, swimming and the like” (para 0016).
It 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 to have modified the modified Dai such that its membrane thickness is 0.01-0.1 mm, as in Wang, in order to ensure that dirty water, viruses, and/or bacteria cannot ingress into or egress from the membrane when worn in order to prevent disease and/or venereal disease spread, as suggested by Want (para 0016).
In adopting the modification, the limitation “membrane thickness is...less than 0.33 millimeters” would be met insofar as thickness values within the range of 0.01-0.1 mm are all less than 0.33 millimeters.
Regarding claim 13:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein a first portion of the membrane is adjacent to the top opening, and a second and a third portion of the membrane is adjacent to the respective opening formed by the respective outer thigh portions and the genital portion, the first, second and third portions being a part of the membrane and having a thickness greater than a remaining part of the membrane.
Wang teaches (Fig. 1) a garment (the “waterproof trousers” (para 24) of Fig. 1; no specific numeral provided therefor) configured for sexual activity (garment is configured such that a wearer can engage in sexual activity whilst wearing the garment) comprising a membrane (“trousers...medical...rubber or natural latex”; para 11) wherein a first portion 1 of the membrane is adjacent to a top opening, and a second 3 and a third 3 portion of the membrane is adjacent to a respective opening formed by respective outer thigh portions and a genital portion, the first, second and third portions being a part of the membrane and having a thickness greater than a remaining part of the membrane (“thickness of...waist and...edges is 5-50 times...the thickness of the trouser body”; para 11). Wang further teaches that “the thickening in waist of trousers and trouser legs department, the dirty water that the curling of having prevented waist of trousers and trouser legs caused gets into waterproof trousers” (para 16).
It 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 to have modified the modified Dai such that a first portion of the membrane is adjacent to the top opening, and a second and a third portion of the membrane is adjacent to the respective opening formed by the respective outer thigh portions and the genital portion, the first, second and third portions being a part of the membrane and having a thickness greater than a remaining part of the membrane in order to prevent curling at the waist and leg opening areas of the garment and/or to ensure that water cannot ingress through the waist and leg opening areas of the garment, as taught by Wang (para 16).
Regarding claim 18:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein the membrane includes a residing substance of at least one of: a lubricant, a powder, a flavoring, and a scent, on at least a part of the membrane.
Wang teaches (Fig. 1) a garment (the “waterproof trousers” (para 24) of Fig. 1; no specific numeral provided therefor) configured for sexual activity (garment is configured such that a wearer can engage in sexual activity whilst wearing the garment) comprising a membrane (“trousers...medical...rubber or natural latex”; para 11) wherein the membrane includes a residing substance of: a lubricant (“lubricant”; para 15) on at least a part of the membrane (“coated inside the underpants”; para 15).
Wang further teaches the residing substance of the lubricant is such that “when the...trousers are used,...lubricant can be coated inside the underpants...so as to be beneficial to wearing” (para 15).
It 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 to have modified the modified Dai such that the membrane includes a residing substance of: a lubricant on at least a part of the membrane in order to facilitate donning the garment, as suggested by Wang (para 15).
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Dai, CN-2410883-Y], [Spanel, US 2,158,206, hereinafter “Spanel ‘206”], and [Spanel, US 2,100,572, “Spanel ‘572”] as applied to claim 1 above, and further in view of [Davitt, US 6,041,445, previously cited].
Regarding claim 24:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose A process for using the garment of claim 1, comprising: inserting each of a wearer's legs through the opening at the top portion of the membrane; inserting one each of the wearer's legs through one of the respective two thigh portions; pulling the membrane so that the front portion and back portion cover the human torso and the genital portion covers the human genital region; and stretching the two thigh portions according to their lengths along the wearer's legs.
However, Davitt teaches a process for using an underwear garment: comprising: inserting each
of a wearer's legs through the opening at the top portion of the membrane; inserting one each of the
wearer's legs through one of the respective two thigh portions ("insert their legs through the proper leg
openings"); pulling the membrane ("pull the undergarment") so that the front portion and back portion
cover the human torso ("pull the undergarment up until the waistband was properly situated around
their waist"; ) and the genital portion covers the human genital region (Davitt's garment has a genital
portion that is configured to cover the human genital region; thus the step of pulling the undergarment
up until the waistband is about a waist results in the limitation as claimed);
It 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 to have practiced the process of
donning of Davitt comprising inserting each of a wearer's legs through the opening at the top portion of
the membrane; inserting one each of the wearer's legs through one of the respective two thigh portions; pulling the membrane so that the front portion and back portion cover the human torso and the genital portion covers the human genital region of Davitt on the modified Dai in order to yield the predictable result of a method that permits donning the garment.
Regarding the limitation: and stretching the two thigh portions according to their lengths along
the wearer's legs:
It 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 to have modified the process further comprises stretching the two thigh portions according to their lengths along the wearer's legs
while "pulling the membrane" up in order to yield the predictable result of a smooth thigh portion that
is not bunched up; it further noted that that elastomeric material is capable of being stretched when
pulled.
Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over [Dai, CN-2410883-Y], [Spanel, US 2,158,206, hereinafter “Spanel ‘206”], and [Spanel, US 2,100,572, “Spanel ‘572”] as applied to claim 1 above, and further in view of [Bai, CN-2187889-Y, newly cited].
Regarding claim 24:
Dai in view of Spanel ‘206 and Spanel ‘572 teach The garment of claim 1, as set forth above.
Dai does not expressly disclose wherein the membrane thickness is greater than 0.33 millimeters.
Bai teaches a garment (“swimsuit”; para 9) configured for sexual activity (garment is configured such that a wearer can engage in sexual activity whilst wearing the garment) comprising a membrane 3 (“latex film 3”; para 9) wherein the membrane thickness is greater than 0.33 millimeters: “thick medical latex of 0.5-0.6mm”; para 10). Bai further teaches the membrane is such that “water can’t enter in the swimsuit” (para 5).
It 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 to have modified the modified Dai such that its membrane thickness is 0.5-0.6 mm in order to assure that water does not ingress through the membrane, as taught by Bai (para 5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRADY A NUNNERY whose telephone number is (571)272-2995. The examiner can normally be reached 8-5 M-F.
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 at 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.
/GRADY ALEXANDER NUNNERY/Examiner, Art Unit 3732
Prosecution Insights